• 무역상무연구
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• 제15권
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• pp.119-136
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• 2001

The purpose of this paper is to consider how to decide the cause of loss or damage to the transport goods when maritime accident occurs. In marine insurance, the underwriter is liable for any loss or damage proximately caused by a risk insured(MIA Art.55). So it is very important to determine the proximate cause of loss or damage to ascertain whether it is to be recoverable under the policy. But there is no definite conception or rule what is the proximate cause. It was left to the tribunal as a question of fact. In this paper, I will suggest the general rules to determine the proximate cause of loss or damage of the transport goods in marine insurance. First, in MIA 1906, there is the rule of proximate causation and it has been established the effective causation by cases since 1918. Second, in Institute Cargo Clauses(B) & (C), there are rules of considerably relaxed standards to determine the causation of loss of or damage using the "attributable to" and "caused by" basis. Third, it is noted, under the complex causation situation, there are difference basises to decide the liability of underwriters between the case of successive occurrence of single risk and the case of concurrent occurrence of several risks. Forth, in practice, it couldn't be ascertained the underwrier's liability by a definite rule and it should be fully considered the circumstances and conditions of the loss.

• 의료법학
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• 제11권1호
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• pp.91-116
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• 2010

As Complex Regional Pain Syndrome (CRPS) is a new and rare illness, medical cause for it has not yet been clearly found out. Nevertheless, the patients continue to file lawsuits for damage compensation against wrongdoers or their insurers, claiming that the cause of the illness is certain actions of the wrongdoers. Moreover, the claim amount reaches to hundreds of millions of won through billions of won unlike other illnesses. Therefore, CRPS has become an important legal issue in the damage compensation lawsuit. Even though the wound is slight, the development and result may be serious in the case of CRPS. As a result, a sharp conflict arises even regarding medical diagnosis of CRPS in the lawsuit. And, even if the medical diagnosis of CRPS is admitted, severe debates occurs with regard to many issues, which include the causation between accident and CRPS in connection with establishment of damage compensation liability and scope of liability like anamnesis, determination standard of aftereffect disability, and scope of admitted aftereffect medical expense in connection with scope of damage compensation. In this study, I will review fundamental medical research on CRPS up to now and discuss principal legal issues in the damage compensation lawsuit focusing on lower court rulings.

• 한방재활의학과학회지
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• 제19권2호
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• pp.157-185
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• 2009

Objectives : The aim of this study is to suggest approach of oriental medical management and necessity by research of eastern and western medical literatures for Complex Regional Pain Syndrome(CRPS). Methods : We reviewed the clinical and experimental literatures of eastern and western concerned with CRPS which is related causation, signs and symptoms, diagnosis, etiology and management. Results : 1. CRPS is divided into type I and II by nerve injury. Two types of CRPS have been recognized: type I, corresponds to RSD and occurs without a definable nerve lesion, and type II, formerly called causalgia refers to cases where a definable nerve lesion is present. These conditions can be charaterized clinically by the sensory abnormalities, vascular abnormalities, oedema, sweating abnormalities, motor or trophic changes. 2. CRPS are well known to patients and physicians relatively, but the pathophysiology, causation and treatments are still unclear. 3. CRPS is needed to take the early diagnosis and multidisciplinary approach for significant effect. 4. CRPS can be regarded for obstruction syndrome of Ki and blood(痺證), blood stasis(瘀血), Wei symptom(痿證), numbness(痲木) in the oriental medical management of CRPS. Conclusions : Above the results, it is suggested that further studies and active approach of management of CRPS will be conducted precisely in oriental medicine.

• 대한인간공학회지
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• 제35권3호
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• pp.143-153
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• 2016

Objective: The purposes of this study are to survey needs for changing accident investigation from blaming to systems approach and to briefly summarize systems-based accident analysis techniques. Background: In modern complex socio-technical systems, accidents are caused by a variety of contributing factors including human, technical, organizational, social factors, not by just a single violation or error of a specific actor, but accidents investigation used to be focused on the incorrect action of individuals. A new approach investigating causes of accidents as a symptom of a deficient system is required. Method: This study was mainly based on survey of literatures related to accidents, accidents investigation, which included academic journals, newspapers, etc. Results: This study showed that accidents investigation of Korea focusing on blaming is problematic. This was confirmed by two concepts of migration and hindsight bias frequently found in accident causation studies, and an attribute of accidents having varying causes. This was illustrated with an example of Sewol ferry capsizing accident. Representative systems-based accident analysis models including Swiss cheese model, AcciMap, HFACS, FRAM and STAMP were briefly introduced, which can be used in systematic accidents investigations. Finally, this study proposed a procedure for establishing preventive measures of accidents, which was composed of two steps: public inquiry and devising preventive measures. Conclusion: A new approach considering how safety-critical components such as technical and social elements, and their interactions lead to accidents is needed for preventing reoccurrence of similar accidents in complex socio-technical systems. Application: The results would be used as a reference or guideline when the safety relevant governmental organizations investigate accidents.

• 국제학술발표논문집
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• The 5th International Conference on Construction Engineering and Project Management
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• pp.151-157
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• 2013

Since the sub-prime mortgage crisis from the US in 2008, the Korean housing market has plummeted. However, the deposit prices of the Korean local lease contract, Chonsei, had been increasing. This increase of Chonsei prices can be a threat to low-income people, most of whom prefer to live in houses with a Chonsei contract. In the housing and Chonsei market, there are many stakeholders with their own interest, hence, simple thoughts about housing and Chonsei market, such as more house supply, will decrease house price, would not work in a real complex housing market. In this research, we suggests system dynamics conceptual model which consists of causal-loop-diagrams for the Chonsei market as well as the housing market. In conclusion, the Chonsei price has its own homeostasis characteristics and different price behavior with housing price in the short and long term period. We found that unless government does not have a structural causation mind in implementing policies in the real estate market, the government may not attain their intended effectiveness on both markets.

• 한국경영과학회지
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• 제27권3호
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• pp.93-114
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• 2002

This paper suggests a dynamic balanced scorecard (DBSC) model employing the concept of system dynamics (SD), which could overcome the limitations inherent in the conventional balanced scorecard (BSC) and facilitate strategic learning process in organizations. The BSC has been a successful framework for measuring an organization＇s performance in various Perspectives through translating an organization＇s vision and strategy into an interrelated set of key performance indicators and specific actions. The BSC, while having significant strengths over traditional performance measurement methods, however, has its own limitations, due to its static nature, such as overlooking two-way causation between performance Indicators and neglecting the impact of delayed feedback flowing from the adoption of new strategies or policy changes. To overcome these limitations, we employs SD, a methodology for understanding complex systems where dynamic feedback among the interrelated system components significantly impact on the system outcomes. The SD simulation model in the form of DBSC we suggest in this paper would serve as a useful strategic learning tool for facilitating an organization＇s communication process through various scenario analyses as well as predicting the dynamic behavior pattern of their key performance measures over a future time frame. For the demonstration purpose, we apply the DBSC model to Korea Coal Corporation (KoCoal ) BSC case.

• 대한한방소아과학회지
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• 제35권4호
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• pp.1-15
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• 2021

Objectives The purpose of this study is to provide data for development of the korean medicine (KM) clinical practice guidelines (CPG) for growth disorder (GD) by identifying the awareness and knowledge needs of KM doctors (KMD) through online survey. Methods Survey questionnaire was produced by referring to the previous recognition survey studies for clinical KMDs. The survey questionnaire was composed 18 questions regarding the current status of clinical care for GD, clinician's knowledge level about GD, and other details that clinicians use during practice. The survey was conducted from January 2021 to March 2021. An online survey was conducted on 101 KMDs from the association of pediatrics of KM. Results According to the survey, 96 respondents (40.3%) said the causation of GD without growth hormone deficiency needs to be included in CPG. 96 (23.5%) of the respondents wishes to utilize percentile in diagnosis and evaluation of the growth assessment. 24.7% of the clinicians were using the herbal medicine treatment. Currently, when treating with KM for GD, herbal medicine (100%) is the most widely used, followed by acupuncture (77.6%), and moxibustion (36.7%). In terms of a complex treatment, growth therapy efficacy (26.8%) is shown to be the most important factor to consider and needed to be included in CPG for the complex treatment, and diet (22.3%) is also considered to be important in GD. Conclusions In this study, we were able to understand the clinical KMDs' perception of GD, knowledge level, and the requirements in the CPG. The results of this study will provide the basic data for development of CPG for GD.

• 의료법학
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• 제13권1호
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• pp.199-247
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• 2012

According to the review and analysis of medical cases that are assigned to the Supreme Court and all local High Court in 2011 and that are presented in the media, it was found that the following categories were taken seriously, medical and pharmaceutical product liability, the third principle of trust between medical institutions, negligence and causation estimation, responsibility limit, the meaning of medical records and related judgment of disturbed substantiation, Oriental doctors' duties to explain the procedures, IMS events, whether one can claim for each medical care operated by non-physician health care institutions to the nonmedical domain in the National Health Insurance Corporation, and the basis of norms for each claim. In the cases related to medical pharmaceutical product liability, Supreme Court alleviated burden of proof for accidents with medical and pharmaceutical products prior to the practice of Product Liability Law and onset the point of negative prescription as the time of damage strikes to condition feasibility of the specific situation. In the cases related to the 3rd principle of trust between medical institutions, the Supreme Court refused to sentence the doctor who has trusted the judgment of the same third-party doctors the violations of the care duty. With respect to proof of a causal relationship and damages in a medical negligence case, the Supreme Court decided that it is unjust to deny negligence by the materials of causal relationship rejecting the original verdict and clarified that the causal relationship shall not deny the reasons to limit doctors' responsibilities. In order not put burden on patients with disadvantages in which medical records and the description of the practice or the most fundamental and important evidence to prove negligence and causation are being neglected, the Supreme Court admitted in the hospital's responsibility for the case of the neonate death of suffocation without properly listed fetal heart rate and uterine contraction monitor. On the other hand, the Seoul Western District Court has admitted alimony for altering and forging medical records. With respect to doctors' obligations to description, the Supreme Court decided that it is necessary to explain the foreseen risks by the combination of oriental and western medicines emphasizing the right of patient's self-determination. However, questions have arisen whether it is realistically feasible or not. In a case of an unlicensed doctor performing intramuscular stimulation treatment (IMS), the Supreme Court put off its decision if it was an unlicensed medical practice as to put limitation of eastern and western medical practices, but it declared that IMS practice was an acupuncture treatment therefore the plaintiff's conduct being an illegal act. In the future, clear judgment on this matter should be made. With respect to the claim of bills from non-physical health care institutions, the Supreme Court decided to void it for the implementation of the arrangement is contrary to the commitments made in the medical law and therefore, it is invalid to claim. In addition, contrast to the private healthcare professionals, who are subject to redemption according to the National Healthcare Insurance Law, the Seoul High Court explicitly confirmed that the non-professionals who receive the tort operating profit must return the unjust enrichment and have the liability for damages. As mentioned above, a relatively wide range of topics were discussed in medical field of 2011. In Korea's health care environment undergoing complex changes day by day, it is expected to see more diverse and in-depth discussions striding out to the development in the field of health care.

• 한국정보시스템학회지:정보시스템연구
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• 제17권3호
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• pp.205-233
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• 2008

This study suggests the dynamic value chain model, that will be able to not only show changing processes to organization's significant capital by integrating an individual, implicit, and explicit knowledge which affect organizational decision making, but also distinguish the key driver for raising organizational competitive power because it makes possible to analyze sensitivity of performance along with decision making alternatives and policy changes from dynamic view by connecting knowledge management capability, knowledge management activity, and relations with organizational performance with specific strategic map. Recently, a lot of organizations show interest in measuring and evaluating their performance synthetically. In organizations taking knowledge management, they introduce effective value chain model like a dynamic balanced scorecard (DBSC), and therefore they can reflect their knowledge management condition as well as show their changes by checking performance of established vision and strategy periodically. Furthermore, they can ask for their inner members' understanding and participation by communicating with and inspiring their members with awareness that members are one of their group, present a base of benchmarking, and offer significant information for later decision making. The BSC has been a successful framework for measuring an organization's performance in various perspectives through translating an organization's vision and strategy into an interrelated set of key performance indicators and specific actions. The BSC, while having significant strengths over traditional performance measurement methods, however, has its own limitations, due to its static nature, such as overlooking two-way causation between performance indicators and neglecting the impact of delayed feedback flowing from the adoption of new strategies or policy changes. To overcome these limitations, this study employs SD, a methodology for understanding complex systems where dynamic feedback among the interrelated system components significantly impact on the system outcomes. The SD simulation model in the form of DBSC would serve as a useful strategic teaming tool for facilitating an organization's communication process through various scenario analyses as well as predicting the dynamic behavior pattern of their key performance measures over a future time frame. For the demonstration purpose, this study applied the DBSC model to Prototype of Korea manufacturing and service firm.

• 대한한의학원전학회지
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• 제24권4호
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• pp.117-142
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• 2011

This paper is about the emotional factors in Chiljeongsang(七情傷). To specify the collective term into specific categories, an examination of the meaning of emotion of the East and West was primarily undertaken. The importance of emotion lies in the fact that it provides a link between the individual and the outside world. Emotion was perceived as reflections of the human nature and mental activity by philosophers and psychiatrists throughout history. In the views of psychologists, the focus was on not emotion itself, but rather the emotional experience in human, and its psychological and physiological mechanism. In Traditional Medicine, problematic emotion is called Chiljeong(七情). The term Chiljeongsang(七情傷), which is a compound word of 'Chiljeong(七情)' and 'Sang(傷)' meaning 'damage', is used in referring to illness related to unhealthy emotions. It is used to describe illness caused by Chiljeong(七情) and mental disorders that result in emotional symptoms. It also refers to illness where Chiljeong(七情) plays a role in creating a more direct cause of illness in the larger pathogenic process. In the contents of Chiljeongsang(七情傷) in Traditional Medicine, emotion as causation of Gi(氣) disorder could be found the most, while explanation on the psychological process related to the creation of Chiljeong(七情) was insufficient. This tendency is related to the philosophical basis of Traditional Medicine. Out of the two patterns suggested, the mind-based Chiljeongsang(七情傷) pattern includes the psychological aspects of damage, in which key focus is on the cause that arouses problematic emotion, its process and the meaning this emotion entails. To explain this, concepts from psychiatry, especially Jung's theory on neurosis was adopted. In treating a Chiljeongsang(七情傷) patient, mere knowledge of the physiological changes of the body in terms of Gi(氣) is insufficient. This is because mental factors play a large role in Chiljeongsang(七情傷), and the more a condition is 'mental', the more complex it becomes and the more it influences life as whole. Therefore, the doctor must approach the patient with not only medical knowledge, but also overall knowledge on all aspects of human life.