• Title/Summary/Keyword: Negligence standards

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A Study on the Classification of the Car Accidents Types based on the Negligence Standards of Auto Insurance (자동차보험 과실기준 기반 자동차사고유형 체계화에 관한 연구)

  • Park, Yohan;Park, Wonpil;Kim Seungki
    • Journal of Auto-vehicle Safety Association
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    • v.13 no.4
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    • pp.53-59
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    • 2021
  • According to the Korean Traffic Accident Analysis System (TAAS), more than 200,000 traffic accidents occur every year. Also, the statistics including auto insurance companies data show 1.3 million traffic accidents. In the case of TAAS, the types of traffic accidents are simply divided into four; frontal collision, side collision, rear collision, and rollover. However, more detailed information is needed to assess for advanced driver assist systems at intersections. For example, directional information is needed, such as whether the vehicle in the car accident way in a straight or a left turn, etc. This study intends to redefine the type of accident with the more clear driving direction and path by referring to the Negligence standards used in automobile insurance accidents. The standards largely divide five categories of car-to-car/motorcycle /pedestrian/cyclist, and highway, and the each category is classified into dozens of types by status of the traffic signal, conflict situations. In order to present more various accident types for auto insurance accidents, the standards are reclassified driving direction and path of vehicles from crash situations. In results, the car-to-car accidents are classified into 33 accident types, car-to-pedestrian accidents have 19 accident types, car-to-motorcycle accidents have 38 accident types, and car-to-cyclist accidents are derived into 26 types.

The Presumption of the Faults and Causation in Medical Negligence Litigations using the Standards of Comparison (의료과오소송에 있어서 과실과 인과관계의 인정에 관하여 - 경험칙을 중심으로 -)

  • Park, Joo-Hyun
    • The Korean Society of Law and Medicine
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    • v.7 no.2
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    • pp.179-218
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    • 2006
  • To succeed the claim of medical negligence, the plaintiff should establish the medical profession's fault, and the causation between the fault and damages. The faults are judged on lege artis, which is based on expert witness. However, judges often infer the faults and causations from circumstantial evidences and patients' injuries. This presumptions depend on the law of nature(Erfahrungsgesetz). The law of nature can explain the typical development of the event. If the circumstantial evidences were in accordance with that, the faults and causations would be able to be recognized by the judges. Therefore the standards of comparison such as lege artis or the law of nature play an important role for medical negligence liabilities to be imputed to doctors or hospitals. The factual elements necessary to assume the fault is similar to those of the causation, for the concept of the fault is correlated with that of the causation. The elements include the temporal and spatial proximity between damages and defendant's medical treatments, no existence of other causations, the probability of bed results developed by the medical treatments, and so on. These enable the fault and causation to be assumed at the same times.

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Implementation of Quality Manageemtn Policy and ISO 9000 Series under Product Liability Law (제조물 책임법 시행에 따른 품질경영 정책 및 ISO 9000 시리즈의 수행)

  • 변승남;이동훈
    • Journal of Korean Society for Quality Management
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    • v.26 no.1
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    • pp.27-47
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    • 1998
  • The primary objective of this research is to provide the basis of total quality management policies by reviewing previous studies which investigated effective ways to reduce product liability exposure. Specifically, the present study intends (1) to examine recent patterns and trends of product liability law in OECD countries, (2) to propose quality management policies for preventing product liability litigations, and (3) to guide the proper implementation process of ISO 9000 certification programs. The survey results show that the shift from a negligence law theory to strict liability is evident in most countries. The trend has led to make it easier for consumers to bring product liability lawsuits. Furthermore, the damage awards won by consumers have been drastically increasing. To minimize product liability exposure, manufactures should reflect comprehensive product safety concepts in establishing total quality management policies. Cooperative activities are also required between departments in companies to reach safe and satisfactory quality level. These quality management activities should be performed consistently during the total product life cycle. Failure to comply with the ISO 9000 certifications might be used as an evidence of negligence or as evidence of a design defect in court. Previous lawsuit cases, however, reveal that ISO 9001-9003 registration process alone is not sufficient in terms of product liability pervention perspectives. Therefore, manufactures should take into account ISO 9004 before implementing any other section of ISO 9000 standards.

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A Study on the Planning Standards of Parks and Open Space Planning (택지개발사업지구의 공원녹지계획 지표연구)

  • 김귀곤;성현찬;황기현
    • Journal of the Korean Institute of Landscape Architecture
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    • v.22 no.1
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    • pp.179-198
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    • 1994
  • Urban parks and open spaces provide the community residents with the most easily accessible source for outdoor recreation, contributing also to the improvement of quality of natural environment in urban area. The demands of urban residents' for more and better green area are ever-increasing. However, the level of most urban open spaces which are easily accessible for residents are not satisfactory to meet the residents' demand in availability and in quality as well. Most existing urban open spaces are simply built of green areas only or have been developed in almost identical design with little consideration for individual uniqueness of the site. When developing neighbourhood parks in urban housing complexes, for example, little consideration is being given to topographical conditions, interrelation with the adjacent green area, or viability of the urban ecosystem. In many cases, urban park development projects are being done with serious negligence of natural properties of the site, by even destroying existing healthy woodlands. for instance. The objectives of this study are; -To survey on the domestic and the overseas cases of regulatory systems, development status and planning methods for urban open space. -To identify underlying issues of residental park developments in urban housing projects and establish appropriate improvement measures thereof, by studing and analyzing current-use data of developed urban parks and management status thereof. -To establish improved standards for urban open space planning, by integrating above surveys and studies, and recommendation for revision of related legislation is also presented to implement these standards.

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A Study on Improving Facility Standards for School Safety Accident Prevention - Focus on Schools in Gyeonggi-do - (학교생활 안전사고 예방을 위한 시설 개선 방향에 관한 연구 - 경기도 초·중·고등학교를 중심으로 -)

  • Yang, Hyeong-Mo;Lee, Jae-Rim
    • Journal of the Korean Institute of Educational Facilities
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    • v.23 no.1
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    • pp.33-42
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    • 2016
  • The majority of school accidents occur due to negligence caused by the student. And there are many accidents caused by inadequate facilities and poor. In order to improve the facilities, a lot of improvement in student life facilities will be preceded conscious about the sense of safety, than the budget. If schools member have a risk recognition through safety training and ongoing attention of all experience-oriented, the occurrence of accidents is significantly reduced. it is needed continuous attentions and careful efforts to improve school facilities. The results were as follows. First, check for accident prevention and the improvement of the school facilities should be made immediately. Second, we need to redefine the standards facilities for school safety accident prevention. Third, the management program is needed to prevented school accident. Fourth, the Hazard identification and risk assessment training is needed.

A Study on the Status and Improvement of Maritime Training Program for Preventing Marine Accidents (해양사고 예방을 위한 해기교육 프로그램 현황 및 개선방안 연구)

  • Lee, Yun-Sok;Park, Jun-Mo;Lee, Bo-Kyeong
    • Journal of Navigation and Port Research
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    • v.37 no.2
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    • pp.123-128
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    • 2013
  • In spite of advanced navigational devices and reinforced mandatory standards of officers' education, the number of ship's accidents are increasing. The accidents caused by minor license officers are more than the number of accidents caused by superior license officers. There are many cases of collisions in the past 5 years released on Marine Accidents Inquiry Agency. Especially, officer's negligence from the consequences of the neglect of any precaution which may be required by the ordinary practice of seamen is the main reason behind ship's collisions. For reducing ship's accidents caused by human error, this paper suggests to develop effective training program using analysis date of domestic and foreign education system as a reference.

Standards of Due Diligence and Separation of Responsibilities in the Division of Labor in Medicine (분업적 의료행위에 있어서 주의의무위반 판단기준과 그 제한규칙들)

  • Choi, Hojin
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.41-72
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    • 2018
  • In the division of labor (or teamwork) in medicine, the responsibility of medical and nursing staff should be separated or distributed to justify negligent criminal offenses. The present work refers to the standards by which the due diligence and responsibility of the individual persons are to be determined and delimited. In this context, it has been proven that objective theory as a measure of due diligence is appropriate. From a moral point of view, when assessing due diligence, it makes sense to impose greater individual or higher performance demands on the perpetrator, but law and order require that due diligence should result from socially relevant human behavior. To give objective measure of negligence and to provide the highest level of personal responsibility, so that man can not be burdened too much responsibility and it is accordingly with an equality theorem. Afterwards some points are presented, which should be considered in a concrete fact in the determination of the medical negligence. Medical action has specific characteristics such as professionalism, discretionary and exclusive, unbalance of information. These characteristics distinguish medical actions from general negligence. The general level of knowledge, the urgency, working condition and working environment of the medical facility, duration of the professional practice, assessment of the medical activity are crucial in this context. As a standard of delineation of due diligence, I have used the permitted risk and the principle of trust. In the horizontal division of labor, the principle of trust applies. The principle of trust applies in principle in cases of division of labor interaction, when doctors in the same hospital exercise their own specific occupational field or everyone works in another hospital. However, this is not true for every case. In the vertical division of labor, the principle of trust does not apply and the senior physician can not trust the assistant doctors. In this case, the principle of trust is converted into a duty of supervision for assistant doctors by the senior physician. This supervision requirement could be used as a random check.

Policy Directions of Total Maximum Daily Loads for the Scientific Management of Water Quality (과학적인 수질관리를 위한 오염총량관리제도의 추진 방안)

  • Park, Seok-Soon;Na, Yu-Mee;Na, Eun-Hye
    • Journal of Environmental Impact Assessment
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    • v.10 no.2
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    • pp.157-165
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    • 2001
  • This paper presents the policy directions of total maximum daily loads(TMDL), which was recently adopted in Korea, for scientific management of water quality. The basic principles of water quality management are also discussed in this paper, along with the TMDL policy in United States as well as the previous policy in Korea. We discussed several unreasonable points out of the previous approaches, such as regulation of all point sources with equal standards, negligence of an assimilative capacity of the receiving water, and emphasis only on drinking water supply, etc.. For successful applications of the TMDL policy in Korea, the following directions are suggested: 1) the unit drainage basin for each TMDL application should be given, 2) the water body where the water quality standards should be maintained, needs to be guided, 3) the water quality parameters of TMDL should be given, 4) the technical guidances should be given for applications of water quality models, and 5) the seasonal TMDL would be allowed. In order to maximize the benefits of the TMDL policy, the local governments would need to implement the following strategies: 1) the increment of an assimilative capacity of the receiving water, 2) the effective controls of the non-point source pollution, 3) the advanced treatment of the point sources, 4) application of system optimization techniques along with effluent trade, and 5) utilization of watershed management systems.

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A Development of the Design Guidelines for Connecting Roads in Highway Rest Area (고속도로 휴게소 연결로 설계 기준 설정에 관한 연구)

  • Lee, Choulsoo;Won, Jaimu
    • International Journal of Highway Engineering
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    • v.15 no.1
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    • pp.143-154
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    • 2013
  • PURPOSES: Design of approach roads of rest areas in highway has many drawbacks such as geometric design elements. There has been traffic accidents occured in these approach roads of rest areas. Thus, design criteria is required in order to protect accidents from being occurred. In case of Korea, geometric structure design criteria of entry facilities, such as toll-gate, interchange, junction etc was established. However there are no presence in a detailed standards for geometric structure of the rest area which affiliated road facilities. METHODS: In this study, analytic on accidents was carried out in regards to the entry of geometric structure of resting areas by utilizing a sight survey and an investigation research of traffic accidents. The survey was targeting 135 general service areas. Collisions with physical channelization and safety facilities occurred due to speeding, rapid entry, and etc at the entrance nose section. At the entrance connector roads, accidents caused by speeding, negligence, over-operation of handle of drivers were main reason of accidents. Discriminant analysis were conducted about geometric elements to distinguish influencing factors for traffic accidents. the lengths and access angles of the entrance connector roads were regarded as to have the high relation with traffic accidents. RESULTS: After classifying the design section of resting areas' entry as well as derive design elements on each section, a speed measurement by targeting entry of rest areas and car behavior surveys were performed, then each element's minimum standard was derived through the analyses. According to the speeds at the starting/end point of entrance connector road, the range of the junction setting angle of the entrance connector road is defined as $12^{\circ}{\sim}17^{\circ}$ and the connector length model was suggested. CONCLUSIONS: Suggest improvement plans for existing rest areas that can be applied realistically. This should be corresponded to the standards of entry and exit of developed rest areas.

A Verification Strategy for the Origin of Electronic Records (전자기록의 출처확인 지원전략)

  • Song, Byoungho
    • The Korean Journal of Archival Studies
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    • no.25
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    • pp.47-89
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    • 2010
  • The target of managing electronic records should be the trusted record services to the end-users. The natural characteristics of electronic records yields the drawback in the authenticity aspect and in the integrity aspect, and current standards and methodologies have beed developed to treat this drawback. However the authenticity and the integrity concepts is hardly separated each other and too completed, so alternative "source" concept is introduced and a verification strategy for the origin of electronic records is discussed in this paper. According to this concept, current standards and methodologies may be criticized for the negligence of necessary information organizing/verification, the doubtful long-term verification, and the missing counter-strategy for the verification-failed records. To solve this, needed facters for origin verification is described, new preservation format divided into temporally-fluctuating (variable) part and immutable (fixed) part is proposed, and a strategy to prevent, avoidance, and detection/recovery important records is suggested.