• Journal of the Korean Society of Fisheries and Ocean Technology
• /
• v.53 no.4
• /
• pp.430-436
• /
• 2017

The most frequent occurring and the serious marine casualties in fishing vessels are the collision in statistics from Korea Maritime Safety Tribunal (2008-2015). Collisions are is given a great deal of weight in all marine casualties, and the main cause of collisions is the negligence of watching. From this point of view, this study deals with the collision and its immediate cause, the negligence of watching which are main factors on the indirect causes. Basic analyzing data was gathered from the questionnaire made by experts of sea service part, and analyzed by using the fault tree analysis (FTA). From the result of the study, the occurrent probability of the negligence of watching in the collision due to the indirect causes occupied 64.9%, and its probability caused by the man factors was less than the other factors; i.e. the media factors and the management factors. For the reduction of the negligence of watching in the collision from this study, it needs an effort to remove not only the man factors, but also the media factors and management factors.

• Journal of Information Technology Services
• /
• v.10 no.4
• /
• pp.21-32
• /
• 2011

The recently revised "Telecommunications Business Promotion and Personal Data Protection Act" is an important legal milestone in promoting the Korean telecommunications infrastructure and industry as well as protecting individuals' personal data and individuals' rights to privacy. Special characteristics of information security and privacy protection services including public goods' feature, adaptiveness, relativity, multi-dimensionality, and incompleteness, are reviewed. The responsibility of chief security/privacy officers in the IT industry, and the fairness and effectiveness of the criminal negligence in the Telecommunications Act are analyzed. An assessment of the rationale behind the act as well as a survey of related laws and cases in different countries, offers the following recommendations : i) revise the act and develop new systems for data protection, ii) grant a stay of execution or reduce the sentence given extenuating circumstances, or iii) use technical and managerial measures in data protection for exemption from criminal negligence.

• Journal of The Korean Society of Clinical Toxicology
• /
• v.3 no.1
• /
• pp.1-10
• /
• 2005

Gastric lavage is now known to be ineffective, unnecessary or hazardous in some circumstances where it used to be performed as a routine. This article concerns the medico-legal aspect of forced gastric lavage. The Supreme Court 2005.1.28, 2003da14119 is the case where a patient, who ingested the organophosphate insecticide to attempt suicide and refused lavage. At first we discuss the effectiveness or hazards of lavage because a very high degree of proof -of negligence, not error of clinical judgment - would be required. Lavage, with or without the informed consent, performed negligently which result in harm could, of course, give rise to a claim in negligence. A doctor might also be held negligent in failing to perform an act which he/she had a duty to perform.

• The Korean Society of Law and Medicine
• /
• v.13 no.1
• /
• pp.91-123
• /
• 2012

Doctors and patients for the purpose of healing and treatment of disease through the contract will make a relationship. Doctors perform the medical practice for the state and illness of patient. Given that the patient did not cooperate in the doctor's medical practice, it is difficult to achieve the goal of disease healing. If the patient don't cooperate the medical care, and it is linked with a doctor's medical malpractice, patient's violation of obligation in medical cooperation is considered with negligence on the part of patients. However, this negligence should be limited to obvious cases that the patient's behavior is unreasonable although the doctor provides medical information to patients and induced the patient's response. Also, patient's violation of obligation in medical cooperation must result in adjusting the indemnification via a setoff of fault except the cases having causal relationship between doctor's fault and malpractice.

• Journal of Korean Society of Transportation
• /
• v.21 no.5
• /
• pp.41-48
• /
• 2003

Korea Claim Adjustor Association(KCAA) defines the near pedestrian crossing accidents as those accidents that occurred in the area within 25m from pedestrian crossing on the arterial road and within 15m from pedestrian crossing on other classes of road. Accidents between pedestrian crossing and stop line are classified as the accident near pedestrian crossing. Reviewing of current statute and court precedent, three kinds of traffic accidents which are accidents occurred in the pedestrian crossing. near pedestrian crossing and the area between pedestrian crossing and stop line. should be distinguished by different pedestrian contributory negligence. To find out how different they are. we surveyed transportation society members about the contributory negligence of traffic accidents between pedestrian crossing and stop line and the results are as follows : (1) The current two classification of pedestrian crossing accidents and near pedestrian crossing accidents should be changed to three classification of pedestrian crossing accidents that includes accidents on pedestrian crossing, near pedestrian crossing and between pedestrian crossing and the stop line. (2) For the pedestrian's contributory negligence, the least reasonability to pedestrian is accident on the pedestrian crossing. The next one is the accident between pedestrian crossing and stop line and the last is the accident near pedestrian crossing. (3) Pedestrian contributory negligence for accident by space is recommended as 〈table 8〉, 〈table 9〉, 〈table 10〉. (4) Contributory negligence rate of the accident on the pedestrian crossing during red light should be modified to be less than that of near pedestrian crossing.

• The Korean Society of Law and Medicine
• /
• v.23 no.2
• /
• pp.171-209
• /
• 2022

There were also many medical-related rulings in 2021, among which the rulings reviewed in this paper are as follows. The first relates to a case in which the medical record, which is the primary judgment data regarding the presence or absence of medical negligence, has been modified. The court judged whether there was negligence on the basis of the first written medical record without considering the contents of the medical record that was later modified. Next, the ruling on the case of asking for liability for damages for prescription of anti-obesity drugs recognized negligence related to prescription, but denied liability for property damage by denying a causal relationship, and recognized only alimony for violation of the duty of explanation. The a full-bench ruling on the scope of subrogation of the National Health Insurance Corporation, which subrogates the claims for compensation for medical expenses against the perpetrator of the patient, changed the existing precedent that had taken the 'deduction method after offsetting negligence' and judged it as 'the method of offsetting negligence after deduction'. In addition, in the ruling on whether or not there was negligence, the court was not bound by the medical record appraisal result. Lastly, in relation to the National Health Insurance Service's disposition of reimbursement for medical care benefit costs, we reviewed the ruling that discretion should be exercised even when a non-medical person makes a refund to a medical institution opened by a non-medical person. And we also reviewed the ruling that the scope of reimbursement for medical institutions jointly using facilities and manpower specifically should be determined.

• Journal of Korean Society of Industrial and Systems Engineering
• /
• v.40 no.1
• /
• pp.65-78
• /
• 2017

Even though cars have a good effect on modern society, traffic accidents do not. There are traffic laws that define the regulations and aim to reduce accidents from happening; nevertheless, it is hard to determine all accident causes such as road and traffic conditions, and human related factors. If a traffic accident occurs, the traffic law classifies it as 'Negligence of Safe Driving' for cases that are not defined by specific regulations. Meanwhile, as Korea is already growing rapidly elderly population with more than 65 years, so are the number of traffic accidents caused by this group. Therefore, we studied predictive and comparative analysis of the number of traffic accidents caused by 'Negligence of Safe Driving' by dividing it into two groups : All-ages and Elderly. In this paper, we used empirical monthly data from 2007 to 2015 collected by TAAS (Traffic Accident Analysis System), identified the most suitable ARIMA forecasting model by using the four steps of the Box-Jenkins method : Identification, Estimation, Diagnostics, Forecasting. The results of this study indicate that ARIMA $(1, 1, 0)(0, 1, 1)_{12}$ is the most suitable forecasting model in the group of All-ages; and ARIMA $(0, 1, 1)(0, 1, 1)_{12}$ is the most suitable in the group of Elderly. Then, with this fitted model, we forecasted the number of traffic accidents for 2 years of both groups. There is no large fluctuation in the group of All-ages, but the group of Elderly shows a gradual increase trend. Finally, we compared two groups in terms of the forecast, suggested a countermeasure plan to reduce traffic accidents for both groups.

• The Korean Society of Law and Medicine
• /
• v.10 no.2
• /
• pp.287-307
• /
• 2009

A person is injured in car accident caused by his/her slight negligence except he / she causes accident by his / her willfulness or gross negligence. Because the National Health Insurance Corporation (hereinafter called "Corporation") shall not provide any insurance benefit "when he has intentionally or through gross negligence caused a criminal conduct or intentionally contributed to the occurrence of an accident" referred to in Article 48 (1) 1 of the National Health Insurance Act. So, if he / she is insured by his / her own bodily injury coverage, he / she can be compensated for his / her medical expenses. The injured have the rights to file either National Health Insurance claim and Automobile Insurance claim but there is no clear and definite adjustment clause. The claim disputes between National Health Insurance (hereinafter called "NHI") and Automobile Insurance (hereinafter called "AI") in the own bodily injury coverage makes some problems. Firstly, there are some differences in co-payments which he / she chooses between NHI and AI. Profit per a patient is higher in the NHI than in the AI. Secondly, it can provoke criticism that people shall unnecessarily pay double contributions. Lastly, it can raise moral hazards. For example, if he / she can cover the compensations when the insured receives the compensations from his / her insurer, the Corporation can be claimed by medical care institution payment of the health care benefit costs. In conclusion, first of all, to improve the national health and preserve the insured's rights the Corporation shall keep notice these facts.

• The Journal of the Institute of Internet, Broadcasting and Communication
• /
• v.21 no.3
• /
• pp.1-6
• /
• 2021

Determining the percentage of negligence between the parties in the event of road traffic accidents is a significant problem. In order to provide users with more accurate criteria for determining the percentage of negligence, several companies are providing services. However, services currently available are limited to immediate use at the scene of an accident. Generally, the service that determines the percentage of negligence can be used after all accident handling procedures have been completed. This paper provides a real-time traffic accident type and fault rate information provision service utilizing a deep learning-based predictive model to overcome these limitations. Users can immediately identify accident types and fault information by taking pictures at the accident site and check actual precedents of the same accident type. Users will be able to use the service to more accurately and reliably determine the percentage of negligence and handle incidents.

• The Journal of The Korea Institute of Intelligent Transport Systems
• /
• v.21 no.6
• /
• pp.36-56
• /
• 2022

Traffic accidents occur in Korea are calculated with the 「Automobile Accident Negligence Ratio Certification Standard」 prepared by the 'General Insurance Association of Korea' and the insurance company's agreement or judgment is made. However, disputes are frequently occurring in calculating the negligence ratio. Therefore, it is thought that a more effective response would be possible if accident type according to the standard could be quickly identified using traffic accident information prepared by police. Therefore, this study aims to develop a model that learns the accident information prepared by the police and classifies it to match the accident type in the standard. In particular, through data mining, keywords necessary to classify the accident types of the standard were extracted from the accident data of the police. Then, models were developed to derive the types of accidents by learning the extracted keywords through decision trees and random forest models.