• Title/Summary/Keyword: Damage Relief System

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A Study on the Medical Dispute Arbitration Law in Terms of Civil Law (의료분쟁조정법안(약칭)의 민사법적 고찰)

  • Jeon, Byong-Nam
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.11-52
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    • 2010
  • Medical Dispute Arbitration Law had been debated on its legislation several times since Korean Medical Association's submission of the bill to the National Assembly in 1988, eventually in December, 2009, passed the National Assembly Standing Committee and was laid before the Legislation and Judiciary Committee, and thus its legislation is now near at hand. During the long process, it has provided a hot issue with our society. And yet, Medical Dispute Arbitration Law has differed considerably in legislative content depending on the main body of proceeding the enactment, which subsequently was given the mixed comments of 'Act on Malpractice-related Damage Relief' or 'Medical Indemnity Act', and this legislative bill also cannot be free from this debate. It is desirable that medical disputes between doctors and patients be resolved through conciliation between the parties concerned. But, because reaching a compromise is difficult owing to deep emotional conflicts between the parties, difficulties in investigating a cause and requiring a high amount of settlement money, etc., it is inevitable to seek a resolution by third party intervention. By the way, such an arbitration by third party is based on the compromise of the interested parties and thus has a limitation of not being able to satisfy both parties completely. Therefore, the legislative bill made for arbitration of medical disputes between the parties will have to prepare an institutional system for the parties to easily understand and accept. Also, problems occurred in the legislative bill will have to be corrected through an in-depth discussion in order for the legislative bill to work as an effective system.

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Developed using Quadcopter Crop Protection and Monitoring System from Wild Animals (쿼드콥터를 이용한 야생동물로부터 농작물보호 및 감시 시스템 개발)

  • Lim, Hyeon-Woo;Jie, Min-Seok;Choi, Won-Hyuck
    • Journal of Korea Entertainment Industry Association
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    • v.10 no.4
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    • pp.303-310
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    • 2016
  • Due to population explosion and develop of the industry, expressways, national roads and railways has been developed a lot. But it increased the disconnection of the ecosystem. The phenomenon of wild animals' habitat simplification has been increased. The damage appeared in succession because of the harmful wild animal. Our country is making efforts relief of some affected farming household's financial compensation. But the affected populations can't sleep at night or they are suffering in their basic life because of this kind of night patrol. This research is based on the study of wild animal's ecosystem and their habits, generate and regenerate supersonic waves and infrasound, prevent wild animal's approach to some extent and stop the approximation effectively, focusing on develop a quadcopter about discrete pulses system.

A Study on the Protection for Consumer on Expending Overseas Direct Purchase -Focus on Guarantee System- (해외직접구매 증가에 따른 소비자보호 연구 -보증제도 중심으로-)

  • Park, Jong Hyun
    • International Commerce and Information Review
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    • v.17 no.2
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    • pp.173-197
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    • 2015
  • The development of IT expanded the scale of e-commerce, and grew large Internet shopping malls. As having raised the consumers' interest in overseas direct purchase(ODP) recently, the number and purchasing amount of ODP are constantly increasing. However, consumers need to pay attention to the potential problems which might happen by consumer's damage and conflict, as increasing the consumption through ODP. Because consumer's damages on utilizing ODP happen to the reason such as the trust problem between business and consumer due to the way which traded non face to face, non-compliance of goods delivery, returns, and refunds, and information asymmetry of items, a large number of consumer's damages in a wide range are much more likely to occur nowadays. The purpose of this study is to analyze the current state of ODP, and propose consumer damage's reduction and policy of the government through pre or post scheme for consumer damage's relief and consumer protection. As the compensation for consumer damages is actually inadequate, this study proposed a feasible alternative to the adoption of e-commerce insurance for both aggressive compensation and protection for consumer's damages and risk transfer and sustainable development of e-commerce.

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Characteristics of the Buttock Interface Pressure According to Wheelchair Propulsion Speed and Various Back Reclined Seating Position (휠체어 추진속도 및 등받이 경사각도에 따른 둔부 압력 변화 특성)

  • Kwon, Hyuk-Cheol;Kong, Jin-Yong
    • Physical Therapy Korea
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    • v.12 no.2
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    • pp.1-10
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    • 2005
  • Pressure ulcers are serious complications of tissue damage that can develop in patients with diminished pain sensation and diminished mobility. Pressure ulcers can result in irreversible tissue damage caused by ischemia resulting from external loading. There are many intrinsic and extrinsic contributors to the problem, including interface tissue pressure, shear, temperature, moisture, hygiene, nutrition, tissue tolerance, sensory and motor dysfunction, disease and infection, posture, and body support systems. The purposes of this study were to investigate the relationship between buttock interface pressure and seating position, wheelchair propulsion speed. Seated-interface pressure was measured using the Force Sensing Array pressure mapping system. Twenty subjects propelled wheelchair handrim on a motor-driven treadmill at different velocities (40, 60, 80 m/min) and seating position used recline ($100^{\circ}$, $110^{\circ}$, $120^{\circ}$) with a wheelchair simulator. Interface pressure consists of average (mean of the pressure sensor values) and maximum pressure (highest individual sensor value). The results of this study were as follows; No significant correlation in maximum/average pressure was found between a static position and a 40 m/min wheelchair propulsion (p>.05). However, a significant increase in maximum/average pressure were identified between conditions of a static position and 60 m/min, and 80 m/min wheelchair propulsion (p<.05). No significant correlation in maximum pressure were found between a $90^{\circ}$ recline (neutral position) and a $100^{\circ}$, $110^{\circ}$, or $120^{\circ}$ recline of the wheelchair back (p>.05). No significant difference in average pressure was found between conditions of a $90^{\circ}$ recline and both a $100^{\circ}$ and $110^{\circ}$ recline of wheelchair back. However, a significant reduction in average pressure was identified between conditions of a $90^{\circ}$ and $120^{\circ}$ recline of wheelchair back (p<.05). This study has shown some interesting results that reclining the seat by $120^{\circ}$ reduced average interface pressure, including the reduction or prevention in edema. And interface pressure was greater during dynamic wheelchair propulsion compared with static seating. Therefore, the optimal seating position and seating system ought to provide postural control and pressure relief. We need an education on optimal seating position and a suitable propulsion speeds for wheelchair users.

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A Study on System Construction to the Product Liability Law-with focus on a small & medium business (제조물책임법에 대응하기 위한 시스템 구축에 관한 연구 -중소기업을 중심으로-)

  • Han, Min-Suk
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.18 no.6
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    • pp.596-608
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    • 2017
  • In 2002, the government arranged an institutional strategy to make it possible for a consumers to make a claim for damages caused by product defects against a business that produces and sells a product by enforcing the Product Liability Law(hereinafter referred to as 'PL'). On the other hand, due to the recent humidifier sterilizer accident, approximately 12 cases of related bills, such as a revised bill for the product liability law, have been proposed to the National Assembly at present in an effort to introduce the group action system and punitive compensation system for the purpose of the strengthening of the corporate product liability, and consumer damage relief. Ironically, as much as 62.6% of small & medium businesses, which are actual interested parties to this bill, are unaware of this. Many companies are responding to PL with the rationalization of document preparation & storage, clarification of responsibility relations with related business operators, and PL insurance policy purchase, or securing compensation funds as a means of Product Liability Defense(PLD), but the methods of preparation such as this leave much room for limits on the considerations of product design and product safety. This paper presents the individual management system model with more focus on product safety by looking into the clear concept of PL and the countermeasures against it, grasping the relevance between the PL system and individual management system, and integrating the PL response system in preparation for the PL. It is hoped that the result of this research objective will be evaluated as a rational countermeasure for small & medium businesses to respond effectively to the PL.

Development of Crown Fire Propagation Probability Equation Using Logistic Regression Model (로지스틱 회귀모형을 이용한 수관화확산확률식의 개발)

  • Ryu, Gye-Sun;Lee, Byung-Doo;Won, Myoung-Soo;Kim, Kyong-Ha
    • Journal of the Korean Association of Geographic Information Studies
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    • v.17 no.1
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    • pp.1-12
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    • 2014
  • Crown fire, the main propagation type of large forest fire, has caused extreme damage with the fast spread rate and the high flame intensity. In this paper, we developed the probability equation to predict the crown fires using the spatial features of topography, fuel and weather in damaged area by crown fire. Eighteen variables were collected and then classified by burn severity utilizing geographic information system and remote sensing. Crown fire ratio and logistic regression model were used to select related variables and to estimate the weights for the classes of each variables. As a results, elevation, forest type, elevation relief ratio, folded aspect, plan curvature and solar insolation were related to the crown fire propagation. The crown fire propagation probability equation may can be applied to the priority setting of fuel treatment and suppression resources allocation for forest fire.

A Study on the Manual for Emergency Medical Facility Constructing at Disaster Site (재난현장 응급의료시설 구축을 위한 매뉴얼에 관한 연구)

  • Yoon, Yousang;Suh, Sangwook;Lee, Young
    • Korean Journal of Construction Engineering and Management
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    • v.18 no.6
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    • pp.38-46
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    • 2017
  • Recently, various types of disasters have been occurring all over the world, and the importance of disaster management system to minimize damage caused by disasters is emerging. In Korea, we have made many policy improvements related to disaster safety, such as the establishment of the National Security Service and the announcement of the National Safety Management Plan and made a lot of effort to secure facilities such as disaster relief hospitals after the Mauna Ocean Resort Gymnasium Collapse and the Sewol-ho incident, However, compared to advanced countries such as the US, Europe, and Japan, there is a shortage of emergency medical center per population, and disaster management systems have not been implemented efficiently due to lack of coordination among various agencies. The purpose of this study is to propose the efficient construction and systematic management of emergency medical facilities required for disaster situations. For this purpose, it is necessary to identify the current status of domestic emergency medical facilities compared to developed countries.

Improvement in the Medical Dispute Mediation System of Korea Consumer Agency (한국소비자원 의료분쟁 조정제도의 개선방안)

  • Jeon, Byong-nam
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.255-288
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    • 2015
  • It is desirable to prevent medical accidents because they bring about irretrievable outcomes to patients, as they are directly related to each patient's life, and health. However, once medical accidents occur, it is appropriate to resolve them quickly without conflict before the feelings of directly involved people are intensely confronted with each other. Korea Consumer Agency carries out medical dispute mediation to address such disputes quickly, fairly, and efficiently, and so does Korea Medical Dispute Mediation and Arbitration Agency. Although there has been constant debate on a merge between the two agencies because of duplicated work and consequent inefficiency, it is desirable to maintain the two agencies to ensure consumers' options and to promote the mutual development of the agencies through competition. Therefore, there should be legal and systematical support for Korea Consumer Agency to have fair competition with Korea Medical Dispute Mediation and Arbitration Agency. This is not for Korea Consumer Agency, but ultimately for consumers.

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Investigation of Standardization for Natural Disaster Classification (자연재해 분류 표준안에 관한 고찰)

  • Han, Seung-Hee;Yang, Keum-Chul
    • The Journal of the Korea Contents Association
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    • v.7 no.11
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    • pp.309-319
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    • 2007
  • Right comprehension of the natural disaster could reduce the damage of human life and property by explaining the cause of the disaster and considering a counterplan to decrease or prevent it. To do this, it should precede to clarify the category of the natural disaster and classification. Also, when the disaster occurs, swift site survey and the establishment of the data by the professionals should be done for clarifying the reason. Our classification of the natural disaster is written on the Law of the Nature Disaster Relief. But, this classification is made for the management of the disaster, so it is required to review the establishment of the technical information by the professionals. Therefore, the Korean type classification is required considered by the professionals who collect and study the information of the natural disaster for the other countries. If the DB of the natural disaster is made, it is able to get various services through the internet virtual space and it will be helpful to prepare the prevent countermeasures against the disaster. In this research, the korean type classification plan of the natural disaster is suggested which is suitable to the professional technology by collecting and analyzing the domestic and the international classification of the natural disaster.

Legislative Study on the Mitigation of the Burden of Proof in Hospital Infection Cases - Focusing on the revised Bürgerliches Gesetzbuch - (병원감염 사건에서 증명책임 완화에 관한 입법적 고찰 - 개정 독일민법을 중심으로 -)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.159-193
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    • 2015
  • Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

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