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A Study on Imposing Contribution in the Compensation for Uncontrollable Medical Malpractice during Delivery (분만관련 불가항력적 의료사고 보상제도에 있어 분담금부과에 관한 연구 -헌법재판소 2018. 4. 26. 선고 2015헌가13 사건을 중심으로-)

  • Beom, Kyung Chul
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.139-171
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    • 2018
  • The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

Knowledge Management Strategy of a Franchise Business : The Case of a Paris Baguette Bakery (프랜차이즈 기업의 지식경영 전략 : 파리바게뜨 사례를 중심으로)

  • Cho, Joon-Sang;Kim, Bo-Yong
    • Journal of Distribution Science
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    • v.10 no.6
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    • pp.39-53
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    • 2012
  • It is widely known that knowledge management plays a facilitating role that contributes to upgrading organizational performance. Knowledge management systems (KMS), especially, support the knowledge management process including the sharing, creating, and using of knowledge within a company, and maximize the value of knowledge resources within an organization. Despite this widely held belief, there are few studies that describe how companies actually develop, share, and practice their knowledge. Companies in the domestic small franchise sector, which are in the early stages in terms of knowledge management, need to improve their KMS to manage their franchisees effectively. From this perspective, this study uses a qualitative approach to explore the actual process of knowledge management implementation. This article presents a case study of PB (Paris Baguette) company, which is the first to build a KMS in the franchise industry. The study was able to confirm the following facts through the analysis of target companies. First, the chief executive's support is a critical success factor and this support can increase the participation of organization members. Second, it is important to build a process and culture that actively creates and leverages information in knowledge management activities. The organizational learning culture should be one where the creation, learning, and sharing of new knowledge is developed continuously. Third, a horizontal network organization is needed in order to make relationships within the organization more close-knit. Fourth, in order to connect the diverse processes such as knowledge acquisition, storage, and utilization of knowledge management activities, information technology (IT) capabilities are essential. Indeed, IT can be a powerful tool for improving the quality of work and maximizing the spread and use of knowledge. However, during the construction of an intranet based KMS, research is required to ensure that the most efficient system is implemented. Finally, proper evaluation and compensation are important success factors. In order to develop knowledge workers, an appropriate program of promotion and compensation should be established. Also, building members' confidence in the benefits of knowledge management should be an ongoing activity. The company developed its original KMS to achieve a flexible and proactive organization, and a new KMS to improve organizational and personal capabilities. The PB case shows that there are differences between participants perceptions and actual performance in managing knowledge; that knowledge management is not a matter of formality but a paradigm that assures the sharing of knowledge; and that IT boosts communication skills, thus creating a mutual relationship to enhance the flow of knowledge and information between people. Knowledge management for building organizational capabilities can be successful when considering its focus and ways to increase its acceptance. This study suggests guidelines for major factors that corporate executives of domestic franchises should consider to improve knowledge management and the higher operating activities that can be used.

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A Study on the North Korean's Modern Adaptation of the Classic Folktale (설화 <해와 달이 된 오누이>에 대한 북한의 현대적 수용 방식 고찰)

  • Park, Jai-in;Han, Sang-hyo
    • Journal of Korean Classical Literature and Education
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    • no.32
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    • pp.193-224
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    • 2016
  • The North Korean animation is a puppet movie that is adapted The Brother and Sister Who Became the Sun and the Moon, a traditional Korean lore. The quality of this animation is acknowledged because of not only North Korea's considerably advanced animation technology but also the animation's retention of the folklore's traditional essence rather than intention to disseminate ideological propaganda. Nevertheless, the animation reveals the trasformation of its original purpose from general educative intentions for children to the educative concept of salvation by heaven is replaced by salvation by people and cultural education insteadof salvation by heaven. The appearance of the hero Jangsoe is the key adaptation of this animation, and it suggests the main principal of salvation lies in man rather than in heaven. Such adaptation complies with the requirements of children's literature suggested by the North Korea's literary history office. Furthemore the hero Jangsoe as the examplary figure of revolutionary self-reliance ideology and as a leader. Theory of self-reliance literature stipulates that children's literature is used for ideological education that develops people to be successors of revolutionary feats and become active workers for the construction of socialism and communism, therefore it is possible to understand the purpose of the adaptation to reflect the educational aims. This study investigates the change in meaning form the original folktale through such adaptation, and highlights problems related to limiting the meaning implied in "heaven's salvation" in the original story only to the vague meaning of religious hope. This vague implied meaning is considered as "an awareness activity to examine their own existence in the universe". With regard to this, the concept of heaven's salvation that is prevalent in the classic stories can be interpreted as a positive self-belief that enables the use of rationality in any helpless situation that cannot be understood with existing empirical knowledge. It considers that heaven expresses the power that exists in the human mind through self-viability and self-belief. This creates the power of reason in the character to fight against the evil disguised as the mother, in the absence of the real mother.

The Establishment of Labor Archive and Its New Development Strategy : An Attempt to Build Participatory Archive of the Institute of Labor History in SKHU (노동아카이브의 형성과 발전방향 모색 성공회대 노동사연구소의 '참여형 아카이브' 시도를 중심으로)

  • Lee, Chongkoo;Lee, Jaeseong
    • The Korean Journal of Archival Studies
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    • no.41
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    • pp.175-212
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    • 2014
  • In 2001 a large amount of labor record have been donated from Jeontaeil Labor Archive-Institute to SungKongHoe University(SKHU). Institute of Labor History in SKHU was established in the wake of the installation of the labor archive. Development of oral archive raised the awareness of the various relationships between the use and production of labor record. Interviewees of oral testimony expressed dissatisfaction and the role of the researchers was not sufficiently exhibited. Examining the main cases of Korea union movement history, we can find contradictions between the use and production of labor record clearly. Interval of interpretation and memory was too big between the parties of 'democratic' union movement in the 1970s. While among the parties who took part in Guro Alliance Strike of 1985, there is a group that remains in the "winner" in history on the one hand, but "loser" on the other without any reasonable criterion. Active intervention of the record users(researchers) is very limited. Among citizens or workers how will be resolved such "struggle of memory" in due process can not be seen. This is one of the reasons why labor archive is not rooted in the region. In this paper, I present a methodological alternatives for the production and use of records through the construction of participatory labor archive. Further, the reconstituted contents of the "documenting locality" strategy by complementing the theoretical part of the method of participation. The study of local and locality requires a "scale" dimension that will make up the identity recognition space, a memory and identity, a social relationship rather than the dimension of the physical space. Alternative "documenting locality" strategy will be able to contribute to solve the problems that occur between the production and use of the recording in labor archive.

Evaluation and Verification of the Attenuation Rate of Lead Sheets by Tube Voltage for Reference to Radiation Shielding Facilities (방사선 방어시설 구축 시 활용 가능한 관전압별 납 시트 차폐율 성능평가 및 실측 검증)

  • Ki-Yoon Lee;Kyung-Hwan Jung;Dong-Hee Han;Jang-Oh Kim;Man-Seok Han;Jong-Won Gil;Cheol-Ha Baek
    • Journal of the Korean Society of Radiology
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    • v.17 no.4
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    • pp.489-495
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    • 2023
  • Radiation shielding facilities are constructed in locations where diagnostic radiation generators are installed, with the aim of preventing exposure for patients and radiation workers. The purpose of this study is seek to compare and validate the trend of attenuation thickness of lead, the primary material in these radiation shielding facilities, at different maximum tube voltages by Monte Carlo simulations and measurement. We employed the Monte Carlo N-Particle 6 simulation code. Within this simulation, we set a lead shielding arrangement, where the distance between the source and the lead sheet was set at 100 cm and the field of view was set at 10 × 10 cm2. Additionally, we varied the tube voltages to encompass 80, 100, 120, and 140 kVp. We calculated energy spectra for each respective tube voltage and applied them in the simulations. Lead thicknesses corresponding to attenuation rates of 50, 70, 90, and 95% were determined for tube voltages of 80, 100, 120, and 140 kVp. For 80 kVp, the calculated thicknesses for these attenuation rates were 0.03, 0.08, 0.21, and 0.33 mm, respectively. For 100 kVp, the values were 0.05, 0.12, 0.30, and 0.50 mm. Similarly, for 120 kVp, they were 0.06, 0.14, 0.38, and 0.56 mm. Lastly, at 140 kVp, the corresponding thicknesses were 0.08, 0.16, 0.42, and 0.61 mm. Measurements were conducted to validate the calculated lead thicknesses. The radiation generator employed was the GE Healthcare Discovery XR 656, and the dosimeter used was the IBA MagicMax. The experimental results showed that at 80 kVp, the attenuation rates for different thicknesses were 43.56, 70.33, 89.85, and 93.05%, respectively. Similarly, at 100 kVp, the rates were 52.49, 72.26, 86.31, and 92.17%. For 120 kVp, the attenuation rates were 48.26, 71.18, 87.30, and 91.56%. Lastly, at 140 kVp, they were measured 50.45, 68.75, 89.95, and 91.65%. Upon comparing the simulation and experimental results, it was confirmed that the differences between the two values were within an average of approximately 3%. These research findings serve to validate the reliability of Monte Carlo simulations and could be employed as fundamental data for future radiation shielding facility construction.