• Title/Summary/Keyword: Requirement of causation

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The Problems of Administrative Relief of Humidifier Disinfectiant Injuries and Its Reform (가습기살균제 피해의 행정구제의 문제점과 개선방안)

  • Park, Taehyun
    • Journal of Environmental Health Sciences
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    • v.45 no.4
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    • pp.310-320
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    • 2019
  • Objectives: The purpose of this study is to identify the causes of the retardation of administrative relief under the Special Act on Remedy for Damages Caused by Humidifier Disinfectant and to suggest the systematic refurbishment of this act for the quick and fair of relief of damages. Methods: This study was conducted through the application of the case study, literature review and systematic interpretation of law methods. Results: The disease subject to administrative relief under the Special Act is defined as health damage causally associated to a substantial degree with exposure to humidifier disinfectant. This definition is a strict requirement in light of the legislative purpose of prompt and fair relief of damages. Furthermore, the damage relief committee established under the Special Act judged causal relationships according to a rigorous standard in terms of medical certainty. This medical evidence-based judgment is a result of the committee's failure to understand the normative meaning and function of a causal relationship as an outcome of inference based on empirical rules and common sense. Conclusions: Humidifier disinfectant health damage should be defined as a health-related injury capable of occurring or deteriorating after exposure to humidifier disinfectant (HD). If the fact that a particular injury occurred or worsened after exposure to HD was found, then the damage can be presumed as being caused by HD. However, this might not be the case when the injury was considered to have occurred or been exacerbated entirely due to other factors.

The Economic Impacts of Pacific Ocean Deep-sea Manganese Nodule Development Project (태평양 심해저 망간단괴 개발사업의 경제적 파급효과)

  • Yoo, Seung-Hoon;Jeong, Dong-Won;Park, Se-Hun
    • Ocean and Polar Research
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    • v.32 no.4
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    • pp.489-499
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    • 2010
  • The securing of raw material is an important requirement for economic development. Many countries, including Korea, actively seek out a stable supply of minerals such as manganese. Manganese nodules are rock concretions on the sea bottom formed of concentric layers of iron and manganese hydroxides around a core and include several strategic minerals necessary for economic development. In particular, the manganese nodule development project (MNDP) plays an important role in the Korean national economy. This study attempts to apply input-output (I-O) analysis in investigating the economic impacts of the MNDP in the Korean national economy. A static I-O framework was employed, focusing on four topics in its application; the production-inducing impacts, the value-added-inducing impacts, the employment-inducing impacts and R&D-inducing impacts of MNDP investments on other sectors. To this end, several versions of the demand-driven models are utilized. In addition, inter-industry linkage analysis is performed to obtain information on the forward and backward linkage effects of industries, including MNDP, to quantify the strength of causation among these industries.

Negligence liability of hospitals for suicide of patient (정신질환자의 자살과 의료과오책임)

  • Son, Heung-Soo
    • The Korean Society of Law and Medicine
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    • v.7 no.2
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    • pp.9-74
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    • 2006
  • Due to the awareness of their rights for medical liability and the advancement of legal principles, it becomes also not hard to find those who seek damages against hospitals, doctors and nurses for the suicide committed under the protection of psychiatric institute in Korea these days. Judgements on these kinds of cases are not enough yet, so that it may be too early to try to find principles used in these cases, however it is hardly wrong to read following things from above cases. That is, to gain the case, plaintiffs should show (1) there exists an obligation of "due care"(there is a special relation between patients and hospitals), (2) the duty is violated on the basis of the applicable standard of care, (3) whatever injures or damages are sustained are proximately caused by the breach of duty and (4) the plaintiff suffers compensable damages. To specific, whether a psychiatric institute was liable for wrong death or not depends upon the patients conditions, circumstances and the extent of the danger the patients poses to himself or herself; in short, the foreseeability of self-inflicted harm(the doctor should have or could reasonably have foreseen the patient's suicide and the doctor's negligence actually caused the suicide). In this context if a patient exhibit strong suicidal tendencies, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly dashes from an attendant and jumps out a window or otherwise attempts to injure himself or herself. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only re quires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. Most of these principles have been established at cases of the U.S.A and Japan. In this article you can also find the legal organizations of medical liability and medical contacts on the suicide of patients who have psychiatric diseases under Korean negligence law.

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