• Title/Summary/Keyword: Serious Accident

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The Criminal Liability of Physicians in the Case of Medical Accidents (의료사고에서의 형사책임 -원내감염사고의 해결을 향하여-)

  • Utsumi, Tomoko
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.3-40
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    • 2018
  • Conventionally, there were few cases in which a medical accident became a criminal case in Japan. However, after the serious malpractice such as the Yokohama City University Hospital case, prosecutors came to be less hesitant to prosecute a malpractice. In a medical accident, the attribution of the responsibilities among medical personnel becomes one important element of the proof of negligence. The Supreme Court concluded that, when the attribution of the responsibilities is not established among medical personnel to confirm the identity of the patient like the Yokohama City University Hospital case, all the personnel who were involved bear the responsibilities to identify the patient. For serious cases which requireut most carefulness fortreatment such as the Saitama Medical University Hospital case, not only the chief physician in charge of the case concerned but also the director of the branch at the university hospital bear the responsibilities to confirm the treatment policy of the case. After the acquittal of the Ohno Hospital case, the voice demanding more prudent prosecution of malpractices has become stronger than before. Meanwhile, Ministry of Health, Labour and Welfare introduced Medical Accidents Investigation System for the prevention of medical accident and, has reinforced the third party inspection of medical accidents.

A Study of Metal Manufacturing Disaster Situation and Safety Consciousness (금속제조업 재해 현황과 안전의식에 관한 연구)

  • Chun, Kwanok;Lee, Sinbok;Rie, Dongho
    • The Journal of the Convergence on Culture Technology
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    • v.4 no.4
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    • pp.429-438
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    • 2018
  • Recently, there has been a tendency for accidents occurring in manufacturing to lead to serious accidents and serious industrial accidents and to extend to community disasters. In accordance with the Third Plan (2015-2019) of the National Security Management Plan, the Safety Administration announces and promotes improvement measures to minimize industrial accidents and disasters. In the case of industrial accidents from KOSHA 2015 to 2017, the accident rate of the metal-related manufacturing industry is 1.57%, which is more than three times higher than the average 0.50% of all industries. As a result of investigating the causes of disasters, 72% of workers were found to be caused by unsafe behaviors. In addition, insecure behaviors are closely related to safety consciousness, and a survey on safety consciousness was conducted for workers in this field. Safety consciousness improvement has the affirmative effect on accident prevention and it is a factor to reduce accidents.

Comparative Analysis of Traffic Accident Severity of Two-Wheeled Vehicles Using XGBoost (XGBoost를 활용한 이륜자동차 교통사고 심각도 비교분석)

  • Kwon, Cheol woo;Chang, Hyun ho
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.20 no.4
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    • pp.1-12
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    • 2021
  • Emergence of the COVID 19 pandemic has resulted in a sharp increase in the number of two-wheeler vehicular traffic accidents, prompting the introduction of numerous efforts for their prevention. This study applied XGBoost to determine the factors that affect severity of two-wheeled vehicular traffic accidents, by examining data collected over the past 10 years and analyzing the influence of each factor. Among the total factors assessed, variables affecting the severity of traffic accidents were overwhelmingly high in cases of signal violations, followed by the age group of drivers (60s or older), factors pertaining only to the car, and cases of centerline infringement. Based on the research results, a reasonable legal reform plan was proposed to prevent serious traffic accidents and strengthen safety management of two-wheeled vehicles. Based on the research results, we propose a reasonable legal reform plan to prevent serious traffic accidents and strengthen safety management of two-wheeled vehicles.

A Study on the System of Aircraft Investigation (항공기(航空機) 사고조사제도(事故調査制度)에 관한 연구(硏究))

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.9
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    • pp.85-143
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    • 1997
  • The main purpose of the investigation of an accident caused by aircraft is to be prevented the sudden and casual accidents caused by wilful misconduct and fault from pilots, air traffic controllers, hijack, trouble of engine and machinery of aircraft, turbulence during the bad weather, collision between birds and aircraft, near miss flight by aircrafts etc. It is not the purpose of this activity to apportion blame or liability for offender of aircraft accidents. Accidents to aircraft, especially those involving the general public and their property, are a matter of great concern to the aviation community. The system of international regulation exists to improve safety and minimize, as far as possible, the risk of accidents but when they do occur there is a web of systems and procedures to investigate and respond to them. I would like to trace the general line of regulation from an international source in the Chicago Convention of 1944. Article 26 of the Convention lays down the basic principle for the investigation of the aircraft accident. Where there has been an accident to an aircraft of a contracting state which occurs in the territory of another contracting state and which involves death or serious injury or indicates serious technical defect in the aircraft or air navigation facilities, the state in which the accident occurs must institute an inquiry into the circumstances of the accident. That inquiry will be in accordance, in so far as its law permits, with the procedure which may be recommended from time to time by the International Civil Aviation Organization ICAO). There are very general provisions but they state two essential principles: first, in certain circumstances there must be an investigation, and second, who is to be responsible for undertaking that investigation. The latter is an important point to establish otherwise there could be at least two states claiming jurisdiction on the inquiry. The Chicago Convention also provides that the state where the aircraft is registered is to be given the opportunity to appoint observers to be present at the inquiry and the state holding the inquiry must communicate the report and findings in the matter to that other state. It is worth noting that the Chicago Convention (Article 25) also makes provision for assisting aircraft in distress. Each contracting state undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable and to permit (subject to control by its own authorities) the owner of the aircraft or authorities of the state in which the aircraft is registered, to provide such measures of assistance as may be necessitated by circumstances. Significantly, the undertaking can only be given by contracting state but the duty to provide assistance is not limited to aircraft registered in another contracting state, but presumably any aircraft in distress in the territory of the contracting state. Finally, the Convention envisages further regulations (normally to be produced under the auspices of ICAO). In this case the Convention provides that each contracting state, when undertaking a search for missing aircraft, will collaborate in co-ordinated measures which may be recommended from time to time pursuant to the Convention. Since 1944 further international regulations relating to safety and investigation of accidents have been made, both pursuant to Chicago Convention and, in particular, through the vehicle of the ICAO which has, for example, set up an accident and reporting system. By requiring the reporting of certain accidents and incidents it is building up an information service for the benefit of member states. However, Chicago Convention provides that each contracting state undertakes collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end, ICAO is to adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with, among other things, aircraft in distress and investigation of accidents. Standards and Recommended Practices for Aircraft Accident Injuries were first adopted by the ICAO Council on 11 April 1951 pursuant to Article 37 of the Chicago Convention on International Civil Aviation and were designated as Annex 13 to the Convention. The Standards Recommended Practices were based on Recommendations of the Accident Investigation Division at its first Session in February 1946 which were further developed at the Second Session of the Division in February 1947. The 2nd Edition (1966), 3rd Edition, (1973), 4th Edition (1976), 5th Edition (1979), 6th Edition (1981), 7th Edition (1988), 8th Edition (1992) of the Annex 13 (Aircraft Accident and Incident Investigation) of the Chicago Convention was amended eight times by the ICAO Council since 1966. Annex 13 sets out in detail the international standards and recommended practices to be adopted by contracting states in dealing with a serious accident to an aircraft of a contracting state occurring in the territory of another contracting state, known as the state of occurrence. It provides, principally, that the state in which the aircraft is registered is to be given the opportunity to appoint an accredited representative to be present at the inquiry conducted by the state in which the serious aircraft accident occurs. Article 26 of the Chicago Convention does not indicate what the accredited representative is to do but Annex 13 amplifies his rights and duties. In particular, the accredited representative participates in the inquiry by visiting the scene of the accident, examining the wreckage, questioning witnesses, having full access to all relevant evidence, receiving copies of all pertinent documents and making submissions in respect of the various elements of the inquiry. The main shortcomings of the present system for aircraft accident investigation are that some contracting sates are not applying Annex 13 within its express terms, although they are contracting states. Further, and much more important in practice, there are many countries which apply the letter of Annex 13 in such a way as to sterilise its spirit. This appears to be due to a number of causes often found in combination. Firstly, the requirements of the local law and of the local procedures are interpreted and applied so as preclude a more efficient investigation under Annex 13 in favour of a legalistic and sterile interpretation of its terms. Sometimes this results from a distrust of the motives of persons and bodies wishing to participate or from commercial or related to matters of liability and bodies. These may be political, commercial or related to matters of liability and insurance. Secondly, there is said to be a conscious desire to conduct the investigation in some contracting states in such a way as to absolve from any possibility of blame the authorities or nationals, whether manufacturers, operators or air traffic controllers, of the country in which the inquiry is held. The EEC has also had an input into accidents and investigations. In particular, a directive was issued in December 1980 encouraging the uniformity of standards within the EEC by means of joint co-operation of accident investigation. The sharing of and assisting with technical facilities and information was considered an important means of achieving these goals. It has since been proposed that a European accident investigation committee should be set up by the EEC (Council Directive 80/1266 of 1 December 1980). After I would like to introduce the summary of the legislation examples and system for aircraft accidents investigation of the United States, the United Kingdom, Canada, Germany, The Netherlands, Sweden, Swiss, New Zealand and Japan, and I am going to mention the present system, regulations and aviation act for the aircraft accident investigation in Korea. Furthermore I would like to point out the shortcomings of the present system and regulations and aviation act for the aircraft accident investigation and then I will suggest my personal opinion on the new and dramatic innovation on the system for aircraft accident investigation in Korea. I propose that it is necessary and desirable for us to make a new legislation or to revise the existing aviation act in order to establish the standing and independent Committee of Aircraft Accident Investigation under the Korean Government.

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Traffic Accident Damage Severity of Old Age Drivers by Multilevel Analysis Model (다수준분석모형을 이용한 고령운전자 교통사고 피해 심각성 분석)

  • Jang, Tae Youn
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.34 no.2
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    • pp.561-571
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    • 2014
  • This study analyzes traffic accident severity of old age drivers in fourteen cities and counties of Jeonbuk Province. It is assumed that traffic accident effecting factors have two staged structure by personal and driving environment and urban characteristics. Multilevel Analysis Model is used under the assumption of hierarchical characteristics to analyze factors effecting severity. As the driver's age increases after sixty-five years old, accident damages become severe. The drunk driving is likely to make traffic accident damage more severer. The number of fatal accident by old age drivers is about three time more than by no old age drivers. Old age drivers have higher number of night traffic accidents but severer ones in daytime. Old age drivers show the higher number of traffic accidents but severer ones in fine weather. Wet road surface also influences damage severity and especially old age drivers show higher serious damage and fatal than no old drivers.

Analysis on Safety Accident Characteristics of Forestry Workers in Korea (우리나라 임업 노동자의 안전사고 발생특성 분석)

  • Kim, Hee-Yul;Park, Seong-Hak;Lee, Sang-Hyun;Park, Chong-Min
    • Journal of Korean Society of Forest Science
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    • v.102 no.4
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    • pp.550-559
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    • 2013
  • This study looked over the laws and regulations related to forestry workers to analyze the safety accident rates for the past five years (2006-2010), and to suggest improvement plans to reduce the safety accident rates of forestry workers. Findings from comparing information obtained from data are outlined below. The safety accident rates had gradually increased in the forestry fields until 2010, but nowaday it is on the decline. Furthermore, the safety accident rates in the field of forestry were still serious compared to those in the other industrial fields as from 2.1 to 5.1 times. In the results, the workers were especially vulnerable to safety accidents when they fell under the following categories: when falling; within 29 to 90 days after starting the work; over 60 years old; less than one month of service; October; Wednesday; 11 a.m.; and the nether limbs of the body. In the case of Jeollabuk-do, it was reported that more than half of victims did not have any training in safety.

A Study on the Drunken Safe Accident Patterns and Behavior (일부지역 성인들의 음주 안전사고 유형 및 행태)

  • Park, Sang-Sub;Baek, Hong-Sok
    • The Korean Journal of Emergency Medical Services
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    • v.11 no.2
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    • pp.67-86
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    • 2007
  • This study is about the drunken drivers' accident patterns and behavior and aims at providing basic data for developing measures to secure safety against accidents by drunken drivers and programs to cultivate good drinking habits. For this purpose, this study conducted a questionnaire of 800 persons over 20 years of age in the selected 20 companies with more than 30 employees in the 4 regions(Daegu, Masan, Changwon, and Jinhae) and analysed the 653 sheets except invalid ones among the returned 673 survey sheets in total(return rate 84.13%), and the researcher conducted a man-to-man interview with each subject from June 20th to July 31st 2006. The result are as the following. As the experience of causing an accident by drinking, the 79.1% of them had the experience, and in case of the subjects with excessive drinking over 4 times a year, the rate of the accident by drinking showed as high as 90.5%. As the patterns of accidents, in male subjects, violence(38.5%) and traffic accidents(37.1%) showed high, while in the female, hurts from falls and fall accidents(40.2%) were found be high. In case of the traffic accidents among the accidents by drinking, the rate of causing serious damage to the life was found to be 89.3%, so it showed that the traffic accidents caused by drinking were influencing on the life much. In conclusion, the drinking problem may be controlled by each individual's will, but without change of social environment and system around people, the problem can not be eradicated. Therefore there should be social infrastructure which can help people to actively live their life with exercises and hobbies, and in order to prevent the reoccurrence of a drink accident, and social structure in which there are education programs for drink accident causers and one can change the perception about drinking culture, should be formed.

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A Study on the Emission Characteristics of Odorous Substances in Korea (국내 화학물질 배출량 특성에 관한 연구: 악취물질 중심으로)

  • Im, JiYoung;Jeon, DaYoung;Kim, BoKyeong;Ryu, JiSung;Yoon, DaeSik;Lee, ChungSoo
    • Journal of Environmental Health Sciences
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    • v.45 no.5
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    • pp.465-473
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    • 2019
  • Objectives: A variety of industries handling hazardous chemicals emit odorous substances. Based on the emission characteristics of major odor substances from the results of hazardous chemical substance emissions, we will define basic data for improving the management methods of odorous substances. Methods: A survey of hazardous pollutant emissions for 2010-2016 was conducted through the Pollutant Release and Transfer Register homepage. Eight kinds of designated odor substances (ammonia, hydrogen sulfide, dimethyl disulfide, acetaldehyde, styrene, toluene, xylene, methyl ethyl ketone) provided the study subjects. The status of chemical accidents for the target substances was analyzed using the Chemistry Safety Clearing-house system. Results: From 2010 to 2016, it was found that more than 30% of businesses that emitted odorous substances accounted for more than 50% of the total emissions of the eight substances. Emissions of xylene, toluene, methyl ethyl ketone, and ammonia were found, in that order, and they made up more than 90% of the total emitted. By region, about 70% of odorous substances were emitted in the top-four regions: Gyeongsangnam-do Province, Ulsan, Gyeonggi-do Province, and Jeollanam-do Province. Conclusion: Recently, the amount of chemical emissions has been continuously increasing, including those that can cause odor. Odorous substances can be a serious risk to the lives of local residents. Systematic research is needed for the health protection of residents.

A Study on the Analysis of Urban Highways Traffic Accident's Impact Factors Based on Building Discriminant Models - In Busan Metropolitan City - (판별모델 구축에 따른 도시고속도로의 교통사고 영향요인 분석에 관한 연구 - 부산지역 사례를 중심으로 -)

  • Jeong, Yong-Hwa;Choi, Yang-Won
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.34 no.4
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    • pp.1269-1278
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    • 2014
  • The urban highway, which is a motorway constructed to solve traffic issues, has the characteristic of extremely high damage to life during traffic accidents because the speed of vehicles is higher than typical roadways. In particular, because traffic accidents involving serious injuries hold a very important place among overall traffic accidents, analysis on factors affecting the occurrence of traffic accidents involving serious injuries must be considered with priority when establishing a reduction measure. Therefore, the study built a model that was capable of distinguishing the degree of the factors as part of microscopic analysis for investigating the complex effect of many elements concerning the occurrence of traffic accidents involving serious injuries in urban highways. The results are as follows. First, discriminant model showed a comparatively high level in overall accuracy rates, and, considering the correlation ratio, the models were determined to be valid, as all characteristics of the factors were clearly distinguished. Second, the problems of traffic accidents involving serious injuries on urban highways according to each factor, were clearly drawn out through the discriminant model. Third, the improvement measure for the problems drawn out from the discriminant models were clearly proposed.

Systems Thinking Perspective on the Organizational Safety Culture of Nuclear Power Plants in Korea (원자력발전소 조직 안전문화에 관한 시스템 사고적 고찰)

  • Oh, Youngmin
    • Korean System Dynamics Review
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    • v.15 no.1
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    • pp.51-74
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    • 2014
  • Despite the high efficiency of nuclear power plant, people in Korea do not give approvals and supports the facilities because the risk of the accidents and incidents. In particular, the low level of safety culture is a crucial mechanism that damages the robustness of the NPP. By considering the various definitions of safety culture and analyzing the major reasons of incidents, the conceptual safety culture model is made by using Causal Loop Diagramming. For sustaining development of nuclear power, social supports, incentives and organizational learning are needed. It also requires the coordination of work schedules and the expansion of human resource for protecting the rules and procedures in NPP. Decommissioning aging nuclear power plants will prevent a serious accident. In order to promote the safety culture, Korea Hydro & Nuclear Power Corporation should disclose more information to the public and promote the internal and external communications.

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