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Judgement of causation and burden of proof in medical malpractice litigation (의료과오소송에 있어서 인과관계의 판단과 입증책임에 관한 판례의 최근 경향 - 일본 판례와의 비교를 중심으로 -)

  • Baek, Kyoung-Hee
    • The Korean Society of Law and Medicine
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    • v.8 no.1
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    • pp.179-211
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    • 2007
  • To succeed the claim of medical malpractice litigation, the patient as a plaintiff should establish the medical fault of a physician as a defendant, and the causation between the fault and damages. Because of the extraordinary nature of medical province, however, this application of a legal principles is rigorous with the patient. In addition, given the causation between the validation of physician's fault and damage is not attested, patient is not awarded anything. In order to overcome a difficulty of patient's verification and ensure the right to fair process, it was demonstrated the lightening of burden of proof in medical malpractice litigation and the acceptance of the responsibility for an illegal act in a prescribed range in the absence of the causation between the physician's fault and damage. This paper deals with the judgement of causation and burden of proof in medical malpractice litigation, and the acceptance of responsibility in the absence of the causation between the physician's fault and damage. Also, this study recommends a tendency of our precedent through the comparative case method of ours and Japan.

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Studies on the Effect of Panax ginseng on the Interactions of Human Plasma Lipoproteins and Lecithin Dispersions with Dextran Sulfate (인삼(人蔘) Saponin이 혈장(血漿) Lipoproteins 및 Lecithin Dispersion과 Dextran Sulfate의 상호작용(相互作用)에 미치는 영향(影響))

  • Kim, Young-Choong;Jeon, Mee-Hee
    • Korean Journal of Pharmacognosy
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    • v.15 no.4
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    • pp.206-212
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    • 1984
  • The effect of saponin fractions of Panax ginseng root on the interactions of human plasma lipoproteins and lecithin dispersions with dextran sulfate were studied in order to examine the effect of Panax ginseng on the lipid accumulation in the aorta. The total saponin fraction and protopanaxadiol glycosides of Panax ginseng root seemed to slightly enhance the interaction of low density lipoproteins with dextran sulfate in the absence of divalent metal ions. Protopanaxatriol glycosides remarkably inhibited the interaction of low density lipoproteins with dextran sulfate. However, all of these three saponin fractions of Panax ginseng root showed the tendency of inhibition to the interaction of high density lipoproteins with dextran sulfate in the presence of divalent metal ions by the order of protopanxatriol glycosides, protopanaxadiol glycosides and total saponin. Three saponin fractions of Panax ginseng exerted almost same tendency to the interaction of lecithin dispersions with dextran sulfate in the presence of divalent metal ions as the interaction of low density lipoproteins with dextran sulfate absence of divalent metal ions.

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Assessment of Organ Dose in Mammoplasty Patient by Monte Carlo Simulation during Mammography (유방촬영 시 몬테칼로 전사모사를 이용한 유방 성형 환자의 장기선량 평가)

  • Kim, Ji-Soo;Cho, Yong-In;Kim, Jung-Hoon
    • Journal of radiological science and technology
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    • v.43 no.5
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    • pp.337-341
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    • 2020
  • Although the screening with a mammography has been shown to be economical, simple and effective in detecting breast cancer, it is accompanied by the risk from radiation. Therefore, this study analyzed the glandular dose and organ dose according to the target-filter combination and the presence and absence of implants using Monte Carlo simulation. The results indicate that at a tube voltage of 30 kV and a tube current of 50 mAs, the dose increased in the order of Mo/Mo. Mo/Rh, Rh/Rh and W/Rh in proportion to the atomic number of the target-filter. In addition, in phantom without implant a reduction in dose was seen when compared to the phantom with implant. The organ dose was highest in the lens except for the breast on the examination side regardless of the presence or absence of the implant. These results may contribute to use basic data for the diagnostic reference level of breast plastic surgery patients.

The Immediate Effects of External Kinesio-tape Wrapping for Inner Arch Support on the Lower Leg EMG for Gait in Stiletto Heels

  • Yi, Kyungock
    • Korean Journal of Applied Biomechanics
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    • v.26 no.1
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    • pp.127-133
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    • 2016
  • Purpose: The purpose of this study was to analyze the effects of using external kinesio-tape wrapping for inner arch support on the lower extremity EMG for gait in stiletto heels. Methods: Subjects for this study were two female college students who had been wearing stiletto heels almost every day of the week for more than three years. The independent variable was the presence or absence of kinesio-tape wrap for inner arch support. Dependent variables were EMG readings for the four muscle groups: the medial and lateral gastrocnemius, the tibialis anterior, and the peroneus longus. EMG readings were taken using the NORAXON (USA). The Paired t-test within the subject repeated measure design for the presence and absence of inner arch support (p<0.05) was used via SPSS 18.0. Results: With kinesio-tape wrap for inner arch support, there was a statistically significant decrease in the muscle force mean values for the peroneus longus and the medial and lateral gastrocnemius, in the maximum muscle forces of the peroneus longus and the lateral gastrocnemius. Conclusion: External kinesio-tape wrapping for inner arch support in stiletto heels could have an effect to reduce peroneus longus, and medial/lateral gastrocnemius activities that could result in decreased fatigue and discomfort.

THE EFFECT OF HYDROLYZED ALKYLKETENE DIMER ON SIZING DEVELOPMENT

  • Seo, Won-Sung;Shin, Jong-Ho;Cho, Nam-Seok
    • Proceedings of the Korea Technical Association of the Pulp and Paper Industry Conference
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    • 1999.11b
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    • pp.50-55
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    • 1999
  • Sizing development of AKD-sized paper by beta-ketoester formation has been debated until recent years because of absence of its obvious and direct spectroscopic evidence. In this study, reaction between AKD and cellulose was investigated to disclose the possibility of beta-ketoester formation between two components under no catalyzed neutral condition. In absence of water, AKD reacted with cellulose to form beta-ketoester linkage under no catalyzed neutral condition, while, in presence of water, most of AKD was hydrolyzed to a dialkyl ketone or beta-ketoacid. Therefore, the main mechanism of AKD sizing would not be the formation of beta-ketoester between AKD and cellulose in the papermaking process. It could be suggested that the sizing development of AKD-sized paper is obtained by next two mechanisms: 1) formation of a thin-layer of AKD on the fiber surface through melting and spreading of AKD emulsion particles by heat, and 2) the formation of ketone by the hydrolysis of AKD during drying and storage of AKD-sized papers.

Attribution of PAH Degradation of Sphingomonas chungbukensis DJ77 to the Plasmid pSY1 (Sphingomonas chungbukensis DJ77에 존재하는 Plasmid pSY1의 PAH 분해능)

  • 박승기;김성재;신희정;김영창
    • Korean Journal of Microbiology
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    • v.37 no.2
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    • pp.120-123
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    • 2001
  • Sphingomonas chungbukensis DJ77 is able to use phenanthrene and biphenyl as the sole carbon and energy source. Mitomycin C curing experiment suggested that polyaromatic hydrocarbon (PAH) utilization in strain DJ77 was plasmid-encoded. The plasmid cured strains were failed to grow on the minimal medium sprayed with biphenyl or phenanthrene. This was evident from southern hybridizations using a previously cloned DNA segment as a probe. There were positive signals in the palsmid DNA of the wild-type strain DJ77 and the absence of hybridizations with chromosomal DNA from the plasmid DNA of the wild-type strain DJ77 and the absence of hybridizations with chromosomal DNA from the palsmid-cured mutant strains.

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AN IN VITRO STUDY ON MARGINAL LEAKAGE PREVENTION WITH AN ADHESIVE SEALANT (NUVA-SEAL) (변연누출방지(邊緣漏出防止)를 위한 전색재(塡塞材)[NUVA-SEAL]의 이용(利用)에 관(關)한 실험적(實驗的) 고찰(考察))

  • Lee, Sang-Ho
    • Journal of the korean academy of Pediatric Dentistry
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    • v.3 no.1
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    • pp.33-39
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    • 1976
  • The present in vitro study was undertaken to evaluate the initial marginal sealing ability of the sealant known as Nuva-Seal to seal cavity margins when used in conjunction with Adaptic and Nuva-Fil restorative materials. The results were as follows; 1. Where each Adaptic and Nuva-Fil restorative material was filled, showed the greatest degree of marginal leakage. 2. Where Adaptic and Nuva-Fil restorative materials were filled after acid etched surrrounding enamel surface adjoining the cavity margins, showed some degree of marginal leakage. 3. Where the Nuva-Seal was applied after acid etching a) to the cavity walls and the peripheral enamel surface adjoining the cavity margins, b) only to the surrounding enamel surface adjoining the cavity margins, and c) over the restorations and the peripheral enamel surface, showed complete absence of marginal leakage of Adaptic and Nuva-Fil restorative materials. 4. Where the Nuva-Seal was applied with the same methods as above, and restorations were placed on thermal stress also showed complete absence of marginal leakage of Adaptic and Nuva-Fil restorative materials.

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Menadione-induced Cytotoxicity in Rat Platelets: Absence of the Detoxifying Enzyme, Quinone Reductase

  • Kim, Kyung-Ah;Kim, Mee-Jeong;Ryu, Chung-Kyu;Chang, Moon-Jeong;Chung, Jin-Ho
    • Archives of Pharmacal Research
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    • v.18 no.4
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    • pp.256-261
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    • 1995
  • The elevation of intracellular $Ca^{2+}$ in various tissue through oxidative stress induced by menadione has been well documented. Increase of $Ca^{2+}$ level inplatelets results in aggreaction of patelets. To test the hypothesis that menadione-induced $Ca^{2+}$ elevations can play a role in platelet aggregation, we have studied the effect of menadione on aggragation of platelets isolated from female rats. Treatment with menadione to platelet rich plasma (PRP), which proved to be 60% as determined by aggregometry. however, exposure of PRP to menadione leads to a loss of cell viability, as measured by lactae dehydrogenase (LDH) leakage, suggesting that menadione might induce cell lysis rather than aggregation of platelets. Turbidty changes induced by menadione were unaffected by addition ofl dicoumarol, which is a quinone reducellular factions of patelets. These data, which indicate an absence of the QR detoxifying pathway, suggest that platelets may be more susceptible to menadione-induced cytotoxicity than certain other cell, as hepatocytes.

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A Alternative Environmental Value Education Program through GENSANGGAI in JAPAN (연찬방식을 통한 대안적 환경가치교육방안)

  • 김태경
    • Hwankyungkyoyuk
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    • v.12 no.1
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    • pp.322-334
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    • 1999
  • In environmental value education, the difference between Ecological and Economic view-point about environmentmust should be considered. Usually, although the differences are unavoidable, because our lifes are inclined to Economic life. But this propensity have become great obstacles to Environmental value education by diluting the fundamental reasons which the nature should be preserved. Furthermore we can't say that environmental problems are not solved just by economic approach, owing to its limits of solving by incentives. So we can say that it is very important to have equalized view-points in the relations of economics and ecology for balanced environmental value education. This study is to alternative environmental value education program, to have equalized view-points in the relations of economics and ecology through the small community located in Japan. The exact name of that program is GENSANGGAI. They have persued to attain a spiritual state of complete absence of ego through this program, and this spiritual state can be important environmental value educaton goal, which make the student to see the evironment with equalized view-points in the interdependence between economics and ecology. we can say that this program can be a kind affective (sentimentally perceived) environmental education program. It can be good environmental education program in affective domain. we can say that equalized view-points is to attain a spiritual state of complete absence of ego. This program is some similar to Kohlberg's latter term theory and Open educationin theory in substantial aspect, he persued Just Community Approach through Kibbutz in Israel. From the basis of his theory, if the GENSANGGAI program, which means harmony between socialization and development of moral stage, individualism and communism.

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Country-Level Governance Quality and Stock Market Performance of GCC Countries

  • MODUGU, Kennedy Prince;DEMPERE, Juan
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.8
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    • pp.185-195
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    • 2020
  • This study examines the association between governance quality at country level and stock market performance. Specifically, the study investigates the influence of control of corruption, government effectiveness, political stability and absence of violence, rule of law, regulatory quality, and voice and accountability on all-share index of the stock markets of the six Gulf Cooperation Council (GCC) countries. This study is anchored on two theories - the Efficient Market Hypothesis (EMH) and Institutional Theory. The study employs panel data spanning from 2006 to 2017. The findings show that political stability and absence of violence and rule of law exhibit a significant positive impact on stock market performance, while regulatory quality and voice and accountability have a significant, but negative relationship with stock market performance. The results imply that quality of governance in terms of rule of law and political stability devoid of violence have strong impact on stock market returns. Similarly, improved stock market returns are largely dependent on the efficiency of the institutional environment of market as investors are always wary of the inherent risks associated with the uncertainty of the market. This study has crucial policy implications for the government of the GCC countries and stock market participants.