• Title/Summary/Keyword: Pecuniary

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Assessment of Damages for Non-pecuniary Loss and Compensation for Damages in Medical Accidents - Overview for Cases of Medical Injury Relief in Korea Comsumer Agency - (의료사고의 손해배상과 위자료 산정 -한국소비자원 의료피해구제 사례들의 일별-)

  • Kim, Kyoung Reay;Ahn, Bup-Young
    • The Korean Society of Law and Medicine
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    • v.13 no.2
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    • pp.179-214
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    • 2012
  • There are two opinions on the legal characteristics of damages for non-pecuniary loss, a private sanctions theory and complementary function of damages for non-pecuniary loss, briefly. There is a close connection between the legal characteristics and the function of damages for non-pecuniary loss. The functions of damages for non-pecuniary loss are consist of satisfaction, prevention( sanctions) and complementation. Several cases of medical injury relief reported to Korea Comsumer Agency are categorized as follows, 1) cases of death after having an operation, 2) diagnosed with disability after a medical accident, 3) extended damages happening related to delayed diagnosis, 4) et cetera(a plastic surgery, a treatment with oriental medicine), and the damages for non-pecuniary loss in respect to each cases are examined. In the case of occurring death or disability, Korea Comsumer Agency has set up guidelines for assessment of damages for non-pecuniary loss by classifying into major and collateral violation for a duty of care. Furthermore, the damages for non-pecuniary loss in the case of all sorts of cancers, are assessed in accordance with the degree of responsibility subsequent to dividing cancer into good and poor prognosis. When it comes to a complementary function of damages for non-pecuniary loss in the actual work, it is hard to assess the damages as it is difficult to objectify non-pecuniary loss, such as emotional distress. Though compensation for damages is major legal characteristics of consolation money, preventing a damage(private sanctions) through consolation for a victim or sanctions against an assailant also has great significance. Therefore, it is necessary to approach flexibly for mutual agreement by considering specialty( concrete facts) of individual issue thoroughly. If considering this aging society that limits the possible age for work to 60 years old, it is needed to have a complementary function of consolation money in mind not to make it less meaningful for victims due to small sum of consolation money.

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Human Embryo Research and Tort Liability (배아연구와 불법행위책임)

  • Seo, Jong-Hee
    • The Korean Society of Law and Medicine
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    • v.12 no.1
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    • pp.227-255
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    • 2011
  • Recently, many nations said "yes" to human embryonic stem cell research, signing an executive order to permit funding for the research in the mame of achieving health and life of humankind. Human Embryo Research is permitted by our Bioethics & Biosafety Act. But, illegal research cannot be divorced from civil liability since it requires the destruction of eggs of fertilized eggs and personal rights of embryo-creator. After all, though we allow to do research embryo, we should control the capacity of abuse of embryo research for embryo-creator. If research violate the law(Bioethics & Biosafety Act or Civil Law, etc), it comes to a delict by pecuniary loss and non-pecuniary loss. When it comes to pecuniary loss, Human Embryo is not body but special property. Supreme Court maintained a stance that mental suffering is generally deemed as compensable for damages for the loss of property where a person's property right is invaded by a tort or non-performance of obligation. Thus, where mental suffering occurs, which cannot be compensated by recovery of property losses, the situation must be a special circumstance and the injured could claim consolation money for such losses only if the offender knew or would have known of such special circumstances(Supreme Court Decision 96Da31574 delivered on Nov, 26, 1996, etc.). That is to say, Supreme Court regards mental suffering through person's property right invaded by a tort as damages that have arisen through special circumstances. According to Civil law article 393 (2), the injured could claim consolation money for such losses only if only if the offender had foreseen or could have foreseen such circumstances. Also our court will solve through damages for non-pecuniary loss by complementary function of consolation money in that pecuniary loss could be difficult to valuate.

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Human Capital and Occupational Characteristics of Korean Immigrants in the U.S. in Relationship to Brain-Drain of Science and Technology Workers (재미한인의 인적자본 및 직업특성과 과학기술직 두뇌유출)

  • Lee, Sae-Jae
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.31 no.4
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    • pp.93-99
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    • 2008
  • In science and engineering programs in the U.S. in 2000 China, South Korea and India were top countries of origin sending students. More than half of the students intend to stay in the U.S. Immigration, education and occupational choices all have human capital aspects that require investments. A framework is proposed where expected incomes in both countries of origin and destination are calculated and used to reflect the substitution effect and the wealth effects of the expected incomes of two countries. It appears that nonpecuniary effects of education encourages immigration as much as pecuniary effects in the immigration decision equation. After the pecuniary effects are accounted for there is some negative nonpecuniary tendency of the professional scientists to immigrate to the U.S.

Location and Policy Factors Influencing the Move-In Decision of Apartment Factory: Case Study of Middle and Small Sized Companies in Daegu City (아파트형공장의 입지 및 정책요인이 입주의사에 미치는 영향 -대구시 중소기업 사례를 중심으로-)

  • Park, Won-Seok
    • Journal of the Korean association of regional geographers
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    • v.15 no.3
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    • pp.409-420
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    • 2009
  • This study aims at analyzing location and policy factors influencing the move-in decision of apartment factories on the case study of middle and small sized companies in Daegu City. The main results of this study are as follows. Firstly, analyzing the questionnaire survey results, 58.2% of response companies have the intentions to move-in apartment factories. Secondly, through the factor analysis to the location factors, 5 factors such as network, move-in cost, accessibility, factory space and labor are derived. And through the factor analysis to the policy factors, 3 factors such as management support policy, pecuniary support policy and administrative support policy are also derived. Finally, analyzing logistic regression analysis, we can find pecuniary support policies influence the move-in decision of apartment factories.

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A Study of Methods of Authentication and Access Controls for Financial Information System Operators (금융정보시스템 운영자의 접근통제 기법에 관한 연구)

  • Lee, Jae-yun;Shim, Ho-sung;Kim, Jong-bae
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2014.10a
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    • pp.921-923
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    • 2014
  • Financial information systems in financial institutions are characterized in providing financial services concatenated with various types of customer information. The leakage of those information could lead to pecuniary loss and non-pecuniary loss such as psychological pains suffered, etc. in terms of customer damages. Therefore, it is imperative for the operational authentication to be confirmed previously in their access to the financial systems and in work operations. The aim of this study is to analyze the methods of authentication and access controls for appropriate system operators.

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A study on the Pecuniary mediated Sexual Discussion in Saseol Sijo (금전(金錢)을 매개(媒介)로 한 사설시조(辭說時調)의 성담론(性談論))

  • Ryoo, Hae-Choon
    • Sijohaknonchong
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    • v.25
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    • pp.29-48
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    • 2006
  • Saseol Sijo which reflects on people's life often showns us relationships between love and economy of those periods' people in Chosun dynasty. Meaning of a word 'housewife' is a woman who supporting and organizing family with her husband. Materialistic problems and economic problems appeared in Saseol Sijo emphasize entertaining and merrymaking rather than struggling to the society enforcing poverty. Therefore, it is often said that Saseol Sijo stimulates overconsumption of goods and money. We can regard sexual discussions appeared in those periods' Saseol Sijo as reflections of desire which are the way of releasing repressed sexual appetite of women or substitutions of satisfying their sexual appetite. Features of housewives appeared in Poong-ryu-bang and Saseol Sijo which are succeeded as productions of merrymaking in Latter half period of Chosun dynasty, can spotlight because of its meanings. It told us not only housewives' roles are started to change but also vivid sexual discussions similar to nowadays things are begun in latter half Period of Chosun dynasty. Main subject pecuniary mediated sexual discussion of housewives appeared in Saseol Sijo teaches a lot of things to twenty first century's contemporary people experiencing collapsed family relationship, pariakapitalismus and wide spread sexual industries.

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A Study on the Design of a Pecuniary Recompense System through System Dynamics Concept (SYSTEM DYNAMICS 개념을 통한 임금체계 설계에 관한 연구)

  • 박상현;김상욱
    • Proceedings of the Korea Society for Industrial Systems Conference
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    • 1999.05a
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    • pp.36-44
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    • 1999
  • 임금이란 사용자의 입장에서는 비용으로, 근로자의 입장에서는 생활의 원천이 되는 소득으로 자본주의 경제에 있어서 기업측과 근로자측은 임금을 둘러싸고 상반된 이해관계에 놓이게 된다. 그러한 사정은 노사갈등의 직접적인 원인이 될 수 있으므로 근로자의 욕구를 충족시키면서 기업의 이익을 보장할 수 있는 합리적인 임금관리가 요청된다. 본 논문에서는 임금과 관련된 주요 변수들을 시스템 다이나믹스 개념 측면에서 분석하여 문제발생의 원인과 해결방법을 모색하고 이를 단순화된 상황속에서 가상 시뮬레이션을 해 봄으로써 이상적인 임금체계 설계의 방향을 제시 해보았다.

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A Scoping Review of Components of Physician-induced Demand for Designing a Conceptual Framework

  • Mohammadshahi, Marita;Yazdani, Shahrooz;Olyaeemanesh, Alireza;Sari, Ali Akbari;Yaseri, Mehdi;Sefiddashti, Sara Emamgholipour
    • Journal of Preventive Medicine and Public Health
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    • v.52 no.2
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    • pp.72-81
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    • 2019
  • Objectives: The current study presents a new conceptual framework for physician-induced demand that comprises several influential components and their interactions. Methods: This framework was developed on the basis of the conceptual model proposed by Labelle. To identify the components that influenced induced demand and their interactions, a scoping review was conducted (from January 1980 to January 2017). Additionally, an expert panel was formed to formulate and expand the framework. Results: The developed framework comprises 2 main sets of components. First, the supply side includes 9 components: physicians' incentive for pecuniary profit or meeting their target income, physicians' current income, the physician/population ratio, service price (tariff), payment method, consultation time, type of employment of physicians, observable characteristics of the physician, and type and size of the hospital. Second, the demand side includes 3 components: patients' observable characteristics, patients' non-clinical characteristics, and insurance coverage. Conclusions: A conceptual framework that can clearly describe interactions between the components that influence induced demand is a critical step in providing a scientific basis for understanding physicians' behavior, particularly in the field of health economics.

Cost-Benefit Analysis of Interned-based Prescription Delivery System (원외 전자처방전달시스템의 비용.편익 분석)

  • 정우진;이상호
    • Health Policy and Management
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    • v.12 no.1
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    • pp.54-83
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    • 2002
  • Korea's recent attempt to separate prescription and dispensation of pharmaceuticals suffers serious, negative side effects. The interned-based prescription delivery system is being considered a supportive tool to alleviate such side effects. This paper conducts an economic evaluation of the system. We consider all possible types of pecuniary costs and benefits, from societal perspective, to conclude that nationwide adoption of the system would raise net social benefits by 5,892 billion won for the coming five years. Specifically, the net benefits would be distributed among consumers (5,667 billion won), pharmacies (216 billion won) and medical institutions (8 billion won). Net social benefits would be far mere enhanced by deregulation policies, such as removal of restrictions on electronic type prescription and home-delivery of dispensed drugs.

Legal Issues on Deception of Fraud and Abuse of Paid Medical Expenses (요양급여비용 허위청구와 사기죄의 법적 쟁점)

  • Hwang, Manseong
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.11-41
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    • 2013
  • Article 347 of criminal law provides the act of deceiving another, thereby taking property or obtaining pecuniary advantage from another. On the other hand, the concepts of fraud and abuse are confused upon interpretation since the definition in National Healthcare Insurance Law is unclear, and it affects closely to the administrative measures such as surcharge levy by the period of inspection, therefore, the disputes continue in the forms of formal objection, administrative ruling and administrative litigation. This study aims to look over the legal problems on application of criminal fraud toward the abuse of 'Paid Medical Expenses(Article 57, Sections 1 and 4 of the National Health Insurance Act)'. The main issues are concept of abuse(Article 57, Sections 1 and 4 of the National Health Insurance Act), the problems of Directions of Health-Welfare Ministry on aspect of 'Nullum crimen sine lege' Principles, the proper sentenc-ing guidelines of fraud.

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