• The Korean Society of Law and Medicine
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• v.11 no.2
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• pp.309-335
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• 2010

This study is a paper reviewed legal status of medical personnel and issues of law on recently discovered medical records. As the increase of medical personnel who have gone through the administrative disposal in regards to the medical records, it is needed to examine the legal issue or dispute on the medical records under the current law. Medical records are the statement on patient's medical conditions made by the medical personnel. This records are used as important source for patient's further treatment. This becomes the communication route between the patients and the other medical personnel, and it provides the patients a right to find out their medical information. According to the Medical Service Act (Article 21), a medical personnel shall prepare respectively a record book of medical examination and treatment. And medical personnel shall make a signature. Furthermore, the medical personnel or the opener of the medical institutions must preserve the record book (including an electronic medical record). Meanwhile, the issues of a ban on false entry, additional record, revision or manipulation on the medical record have been recently on the rise. This paper briefly examined the major issues in regards to the medical records. It especially clarified the legal duty on medical records and its major-contentious-issues. At the same time, it pointed out the problems of the unreasonable over interpretation of the law. Furthermore, this suggested the guidelines for the further discussion and review.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.1-23
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• 2015

A party who relies on a breach of contract must take such measures as are reasonable in the circumstances to mitigate the loss, including loss of profit, resulting from the breach. Appropriate measures are those aimed at lessing the loss as far as reasonably possible. Such measures will typically be a resale of the goods by the seller or a cover purchase by the buyer. The measures the injured party is expected to take in order to mitigate the loss must be reasonable in the circumstances. Article 77 will be applied to the difference between the amount by which the loss should have been mitigated under Article 77. A reduction of damages is the only remedy available to the party in breach in cases covered by Article 77. If the buyer has received the goods and intends to exercise any right under the contract or this Convention to reject them, he must take such steps to preserve them as are reasonable in the circumstances. If goods dispatched to the buyer have been placed at his disposal at their destination and he exercises the right to reject them, he must take possession of them on behalf of the seller. Article 86(1) requires that the buyer manifest his intention at the moment of receipt of the goods. Article 86(2) envisages that the goods have been dispatched to the buyer and that they have been placed at his disposal at their destination. Article 87 allows him to deposit them in the warehouse of a third person. It is not necessary that the warehouse by public, or that it be a general warehouse for storage. A party who is bound to preserve the goods in accordance with articles 86 may sell them by any appropriate means taking possession of the goods or in taking them back or in paying the price or the cost of preservation. If the goods are subject to rapid deterioration or their preservation world involve unreasonable expense, a party who is bound to preserve the goods must take reasonable measures to sell them. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2 )which imposes the duty to take reasonable measures to sell the goods. According to Article 88(2), the party who wishes to sell must give notice to the other party of such intention, to the extent possible.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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• pp.3-32
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• 2014

Article 77 sets forth the principle of prevention applied in several legal systems. Under this principle the party threatened by ooss as a consequence of a breach of contract by the other party is not permitted to await passively incurrence of the loss and then sue for damages. He is obliged to take adequate preventive measures to mitigate his loss. If the injured party abstains from taking such excessive measures he will not be considered to have failed to mitigate the loss under Article 77. The sanction provided in Article 77 against a party who fails to mitigate his loss only enables the other party to claim reduction in the damages. The reduction in damages under Article 77 is equal to the amount by which the loss should have been mitigated if the injured party had taken reasonable measures to avert or to lessen it. The aim of Article 77 is to encourage mitigation of the loss. The duty to mitigate the loss applies not only to a breach of contract in respect of an obligation whose performance is currently due. but also to an anticipatory breach of contract under Article 71. Article 85 contemplates that the buyer is in delay in fulfilling the latter obligation, or else that he fails to pay the price when payment is to be made concurrently with delivery of the goods by the seller. In both these situations of default, the seller who is either in possession of the goods or otherwise able to control their disposition must take measures, reasonable in the circumstances, to preserve them. The right of retention of the goods y the seller exists until he is reimbursed by the other party for the reasonable expenses incurred. Article 87 and Article 88 of the Convention grant different rights to the party obligated to take steps to preserve the goods; Article 87 allows him to deposit them in the warehouse of a third person, and Article 88 to sell them by whatever means appropriate. A difference exists between paragraph Article 88 (1) which grants the right to sell, and paragraph (2) which imposes the duty to take reasonable measures to sell the goods.

• Journal of National Security and Military Science
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• s.2
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• pp.91-119
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• 2004

Development of science technology, computer network and software technology has not only changed various areas of the society, but also brought rapid change in the condition and the way of performing war. Historical lessons learned from the war in Iraq tells that military capabilities corresponding to the new paradigms of war needs to be assured in order to preserve national interest and take victory in future warfare. Thus, the performance in the latest war in Iraq, the estimated performance in future war and the performance of war in the Korean Peninsula has been put together and analyzed to indicate the direction our force should be built and the structure to be improved. Under all circumstances and threats the military must defend our nation and territory. When war breaks out the military must perform it's basic duty to end war by decisive operations. As the saying is "To preserve peace, prepare for war," continuous increase of military strength and improvement of military structure corresponding to the change of national security environment and weapon system is necessary.

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.105-138
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• 2017

This is case comments of several representative legal cases regarding self- determination right of patient. In a case in which an intoxicated patient attempted suicide refusing treatment, the Supreme Court ruled that the medical team's respect for the patient's decision was an act of malpractice, and that in particular medical situations (medical emergencies) the physician's duty to preserve life supersedes the patient's rights to autonomy. Afterwards, at the request of the patient's family, and considering the patient's condition (irrecoverable death stage, etc.) consistent with a persistent vegetative state, the Supreme Court deduced the patient's intention and decide to withdraw life-sustaining treatment. More recently, regarding patients who refuse blood transfusions or other necessary treatment due to religious beliefs, the Supreme Court established a standard of judgment that can be seen as conferring equal value to the physician's duty to respect patient autonomy and to preserve life. An empirical study of legal precedent with regard to cases in which the physician's duty to preserve life conflicts with the patient's autonomy, grounded in respect for human dignity, can reveal how the Court's perspective has reflected the role of the patient as a decision-making subject and ways of respecting autonomy in Korean society, and how the Court's stance has changed alongside changing societal beliefs. The Court has shifted from judging the right to life as the foremost value and prioritizing this over the patient's autonomy, to beginning to at least consider the patient's formally stated or deducible wishes when withholding or withdrawing treatment, and to considering exercises of self determination right based on religious belief or certain other justifications with informed refusal. This will have a substantial impact on medical community going forward, and provide implicit and explicit guidance for physicians who are practicing medicine within this environment.

• Journal of Power System Engineering
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• v.5 no.2
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• pp.13-21
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• 2001

Diesel emission control is being addressed worldwide to help preserve the global environment. This paper mainly deals with the effects of oxidation catalysts to reduce emissions from the automotive heavy-duty diesel engine. Two types of the oxidation catalyst with different kinds of precious material were used. An 11 litter displacement diesel engine with turbocharger was operated to evaluate DOC with various engine speed, load conditions under D-13 mode cycle. We could propose the detail emission data of an automotive heavy-duty diesel engine and the characteristics of the conversion efficiency of the DOC under the D-13 mode. It was found that the mean conversion efficiencies of CO and THC were 49.7% and 61% under the D-13 mode test, respectively.

• Journal of radiological science and technology
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• v.28 no.1
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• pp.55-65
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• 2005

Research of actual condition of working conditions in the small and clinics, in the Seoul metropolitan city and Kyeonggido province. With the health care environmental change such as a rapid increase of the elderly people, rapid increase of health promotion needs, it is necessary to analyse and identity of the actual condition of working conditions for present and new radiological technologist. Research of general characteristics for the present radiological technologist. To research of the status employment, business scope, pay, working conditions, radiation safety management, equipment, and category association. Defining the problems of related working conditions, radiation safety management for the comprehensive methods to promote the rights the radiological technologist. A proposal for establishment legislature and system of the actual condition in the hospital for radiological technologist. Estimation for the demand and supply numbers of present radiological technologist and improvement of employment relations. Improved and refined scope business and duty regulation related to radiological technologist. Application for the establishment and development of promotion rights to utilize as basic data in a legislative and system frame of reference to implement the radiological technologist.

• ETRI Journal
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• v.36 no.6
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• pp.924-930
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• 2014

This paper presents a $0.13{\mu}m$ CMOS 3-level envelope delta-sigma modulation (EDSM) RF signal generator, which synthesizes a 2.6 GHz-centered fully symmetrical 3-level EDSM signal for high-efficiency power amplifier architectures. It consists of an I-Q phase modulator, a Class B wideband buffer, an up-conversion mixer, a D2S, and a Class AB wideband drive amplifier. To preserve fast phase transition in the 3-state envelope level, the wideband buffer has an RLC load and the driver amplifier uses a second-order BPF as its load to provide enough bandwidth. To achieve an accurate 3-state envelope level in the up-mixer output, the LO bias level is optimized. The I-Q phase modulator adopts a modified quadrature passive mixer topology and mitigates the I-Q crosstalk problem using a 50% duty cycle in LO clocks. The fabricated chip provides an average output power of -1.5 dBm and an error vector magnitude (EVM) of 3.89% for 3GPP LTE 64 QAM input signals with a channel bandwidth of 10/20 MHz, as well as consuming 60 mW for both channels from a 1.2 V/2.5 V supply voltage.

• Archives of design research
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• v.17 no.2
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• pp.43-54
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• 2004

The appreciation of cultural properties related with what the aspects of society was is mandatory to understand our culture correctly. To make over all cultural properties to our descendants without breakage or damage is our natural duty and national obligation. On the contrary, inhabitants in the preserved area should be restricted and controlled by the cultural property law. The conflict between the inhabitants in the preserved area and the government raises economical problems and damages all the time. Especially it is time to discuss to mediate between them and solve the problems. This feasible study is a proposal to settle them up through renovating abolished school in the preserve area to the museum and a case to preserve the cultual properties as well as habitant's assets in that area.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.3-32
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• 2020

Under the Korean case law, physicians are obliged to disclose or inform the risk associated with a specific treatment to their patients before they perform the treatment. If they fail to do this, they are liable to compensate pain and sufferings. If the patient can establish that he or she would not have consented at all to the treatment had he or she been informed, the physicians are liable to compensate all the loss incurred by the treatment. In this article, the author examines the legitimacy of this case law from the perspective of legal doctrine as well as its practical affect on the medical practice and the furtherance of self-determination of the patient. The fundamental findings are as follows: The case law that has physicians who failed to inform treatment risk compensate pain and sufferings for the infringement of the right of self-determination seems to be a disguised and reduced compensation of all the loss based on the possible malpractice, which cannot be justified in view of the general principles of tort liability. It is necessary to adhere to the requirements of causation and imputation between the failure to inform treatment risk and the specific patient's consent to the treatment. If this causation and imputation is established, all the loss should be compensated. Otherwise, there shall be no liability. The so-called hypothetical consent defence shall be regarded as a part of causation between the failure to inform and the consent. The suggested approach can preserve the essence of physician-patient relationship and fit for the very logic of informed consent better.