• Title/Summary/Keyword: damage relief

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Judicial Analysis on Supreme Court Precedents Related to Criminal Malpractice and Acceptance of Causal Relation (형사상 의료과실 및 인과관계 인정과 관련된 대법원 판례분석)

  • Park, Young-Ho
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.435-459
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    • 2014
  • Supreme Court of Korea has been mitigating the burden of proof on the malpractice and causal relation by a patient in accordance with the practical transfer of such burden of proof on causal relation as well as relieving a doctor's burden of proof on mistake in the civil damage claim suits on the malpractice. However, a prosecutor shall strictly prove the causal relation between malpractice and unfavorable results as well as a doctor's mistake in the criminal cases for making a doctor accept the professional negligence resulting in death or injury in accordance with In Dubio Pro Reo principles. Furthermore, it shall not be allowed to relieve the burden of proof on malpractice and causal relation which has been frequently applied in the civil proceedings. Nevertheless, it was widely known that the front-line courts accepted the malpractice and causal relation by quoting the legal principles on relieving the burden of proof on malpractice and causal relation applied in the civil cases even in criminal cases with no or insufficient proof on malpractice or causal relation. However, the latest precedents in Supreme Court explicitly declared the opinion that there was no reason to apply the legal principle to relieve the burden of proof on the malpractice and causal relation in the criminal cases requiring the proof 'which doesn't cause any reasonable doubt' on malpractice and causal relation in accordance with the legal principles 'favorable judgment for a defendant in case of any doubt' on the basis of the strict principle of 'nulla poena sine lege.' Accordingly, Supreme court definitely clarified that there would be no reason to relieve the burden of proof on malpractice and causal relation in criminal cases by reversing several original judgments accepting malpractice and causal relation even though there were no strict evidence.

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Investigation of Standardization for Natural Disaster Classification (자연재해 분류 표준안에 관한 고찰)

  • Han, Seung-Hee;Yang, Keum-Chul
    • The Journal of the Korea Contents Association
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    • v.7 no.11
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    • pp.309-319
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    • 2007
  • Right comprehension of the natural disaster could reduce the damage of human life and property by explaining the cause of the disaster and considering a counterplan to decrease or prevent it. To do this, it should precede to clarify the category of the natural disaster and classification. Also, when the disaster occurs, swift site survey and the establishment of the data by the professionals should be done for clarifying the reason. Our classification of the natural disaster is written on the Law of the Nature Disaster Relief. But, this classification is made for the management of the disaster, so it is required to review the establishment of the technical information by the professionals. Therefore, the Korean type classification is required considered by the professionals who collect and study the information of the natural disaster for the other countries. If the DB of the natural disaster is made, it is able to get various services through the internet virtual space and it will be helpful to prepare the prevent countermeasures against the disaster. In this research, the korean type classification plan of the natural disaster is suggested which is suitable to the professional technology by collecting and analyzing the domestic and the international classification of the natural disaster.

Aircraft Crime and the Damage Relief (항공 범죄와 그 피해구제)

  • Kim, Sun-Ihee;Ahn, Jin-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.3-35
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    • 2009
  • A concept of Aircraft crime includes an Air range, unlawful seizure of aircraft and unlawful acts against the safety of civil aviation. There are international treaties and conventions which have mainly been enacted by ICAO. The following treaties and conventions are categorical and unconditional norms that any States are clearly condemned. Convention on Offences and Certain other Acts Committed on Board Aircraft, Convention for the Suppression of Unlawful Seizure of Aircraft, Convention for the suppression of unlawful acts against the safety of civil aviation, Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Convention on the Marking of Plastic Explosives for the Purpose of Detection In this essay, I present the meaning of the aircraft crime mentioned on the treaties above and jurisdiction of the crime. Moreover, I explain how to demand reparation for damages onboard or on the surface when an aircraft crime is occurred. Lastly, I indicate legal bases of how to protect the victims of the aircraft crime by mentioning specific cases relating to the crime.

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Study on the Applicability of the Air Cushion Material for Impact Relief through Thermal Bonding of High Strength Fabrics (고강력 직물의 열융착 라미네이팅을 통한 충격 완화용 에어쿠션 소재로의 적용 가능성 검토 연구)

  • Kim, Ji Yeon;Kim, Hun Min;Min, Mun Hong
    • Textile Coloration and Finishing
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    • v.32 no.3
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    • pp.176-183
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    • 2020
  • In order to study wearable air cushion materials capable of responding to massive impact in high-altitude fall situation, high tenacity woven fabrics were bonded by heat only depending on various type of thermoplastic films and then mechanical properties were measured. Tensile strength, elongation, and 100% modulus measurement results for 4 types of films show that TPU-2 has higher impact resistance and easier expansion than PET-1. After thermal bonding, the combination with the highest tensile strength was a material with a TPU-2 film for nylon and a PET-2 film for PET, so there was a difference by type of fabric. The tear strength of the bonded materials were increased compared to the fabric alone, which shows that durability against damage such as tearing can be obtained through film adhesion. All of the peel strengths exceeded the values required by automobile airbags by about 5 times, and the TPU-2 bonded fabric showed the highest value. The air permeability was 0 L/dm2 /min. For both the film and the bonded material, which means tightness between the fabric and the film through thermal bonding. It is expected to be applied as a wearable air cushion material by achieving a level of mechanical properties similar to or superior to that of automobile airbags through the method of bonding film and fabric by thermal bonding.

Long-Term Wildfire Reconstruction: In Need of Focused and Dedicated Pre-Planning Efforts

  • Harris, William S.;Choi, Jin Ouk;Lim, Jaewon;Lee, Yong-Cheol
    • International conference on construction engineering and project management
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    • 2022.06a
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    • pp.923-928
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    • 2022
  • Wildfire disasters in the United States impact lives and livelihoods by destroying private homes, businesses, community facilities, and infrastructure. Disaster victims suffer from damaged houses, inadequate shelters, inoperable civil infrastructure, and homelessness coupled with long-term recovery and reconstruction processes. Cities and their neighboring communities require an enormous commitment for a full recovery for as long as disaster recovery processes last. State, county, and municipal governments inherently have the responsibility to establish and provide governance and public services for the benefit and well being of community members. Municipal governments' comprehensive and emergency response plans are the artifacts of planning efforts that guide accomplishing those duties. Typically these plans include preparation and response to natural disasters, including wildfires. The standard wildfire planning includes and outlines (1) a wildfire hazard assessment, (2) response approaches to prevent human injury and minimize damage to physical property, and (3) near- and long-term recovery and reconstruction efforts. There is often a high level of detail in the assessment section, but the level of detail and specificity significantly lessons to general approaches in the long-term recovery subsection. This paper aims to document the extent of wildfire preparedness at the county level in general, focusing on the long-term recovery subsections of municipal plans. Based on the identified challenges, the researchers provide recommendations for better longer-term recovery and reconstruction opportunities: 1) building permit requirements, 2) exploration of the use of modular construction, 3) address through relief from legislative requirements, and 4) early, simple, funding, and the aid application process.

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Developed using Quadcopter Crop Protection and Monitoring System from Wild Animals (쿼드콥터를 이용한 야생동물로부터 농작물보호 및 감시 시스템 개발)

  • Lim, Hyeon-Woo;Jie, Min-Seok;Choi, Won-Hyuck
    • Journal of Korea Entertainment Industry Association
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    • v.10 no.4
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    • pp.303-310
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    • 2016
  • Due to population explosion and develop of the industry, expressways, national roads and railways has been developed a lot. But it increased the disconnection of the ecosystem. The phenomenon of wild animals' habitat simplification has been increased. The damage appeared in succession because of the harmful wild animal. Our country is making efforts relief of some affected farming household's financial compensation. But the affected populations can't sleep at night or they are suffering in their basic life because of this kind of night patrol. This research is based on the study of wild animal's ecosystem and their habits, generate and regenerate supersonic waves and infrasound, prevent wild animal's approach to some extent and stop the approximation effectively, focusing on develop a quadcopter about discrete pulses system.

Anti-inflammatory Effect of Baekho-tang Extract through Endocannabinoid system (ECS) Control in Atopic Dermatitis (아토피피부염에서 Endocannabinoid system (ECS) 조절을 통한 백호탕 추출물의 염증 완화 효과)

  • Ahn Sang Hyun;Kim Ki Bong;Jeong Aram
    • The Journal of Pediatrics of Korean Medicine
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    • v.37 no.4
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    • pp.53-62
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    • 2023
  • Objectives The aim of this study was to identify the effect of Baekho-tang extract on epidermal barrier recovery and inflammation relief in atopic dermatitis-induced mice through Endocanabinoid system (ECS) regulation. Methods In this study, we used 4-week-old NC/Nga mice were divided into 4 group: lipid barrier elimination group (LBEG), palmitoylethanolamide treated group after lipid barrier elimination (PEAT), Baekho-tang extract treatment group after lipid barrier elimination (BHTT) and control group (Ctrl). Each group was assigned 10 animals. We identified that cannabinoid receptor (CB) 1, CB2, CD (Cluster of Differentiation) 68, inducible nitric oxide synthase (iNOS), substance P and Matrix metallopeptidase 9 (MMP-9) through our immunohistochemistry. Results We discovered that when compared to PEAT, 8-hydroxydeoxyguanosine, a marker of oxidative stress in the epidermal barrier, and CB1 and CB2, markers of ECS modulation, were less activated in BHTT. These results led to an anti-inflammatory response in BHTT, with a significant decrease in several inflammatory mediators such as CD 68, iNOS, substance P and MMP-9 compared to PEAT and LBEG. Conclusions These results suggest that the Baekho-tang extract can reduce the inflammation of atopic dermatitis by restoring the structural damage of the skin lipid barrier through ECS modulation.

Womans experience of Risk Situation on the High-Risk Pregnancy (여성의 고위험 임신에 대한 경험)

  • Kim, Kyung-Won;Lee, Kyung-Hye
    • Women's Health Nursing
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    • v.4 no.1
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    • pp.161-178
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    • 1998
  • In spite of the great progress of the theory and skill of the Nursing Care & Medical area in relation to pregnancy, nurses in clinics face up to many challenges in maternity nursing care areas. The reason is that the mobility and mortality of mothers was sharply decreased and the unknown high-risk diseases of pregnancy woman in the past is made public. That's why it is difficult to meet the pregnancy woman in natural process from pregnancy to delivery in recently. Admission rooms are filled with high-risk pregnancy women. As a matter of fact, we have done nursing care into the surface symptoms and diseases of high-risk pregnancy women so far. We have been indifferent to a long period hospitalization, separation from family, and conflict of repeated examination. Therefore, it is widely spread to understand the emotional conflict experienced by high-risk pregnancy women and to need for nursing intervention to bring up about emotional support and the ability of perception in psychological crisis. Although the pregnancy woman judged in high-risk should carry out normal task of pregnancy, she have to be confronted with secondary risk situation. The health of self & fetus threatened by the risk situation could be decreased through care plan, but psychological stress increases. Therefore, the pregnancy brings into non-control state. It is important to ask that what the hospitalized pregnancy women in high-risk think of themselves status. Because misunderstanding or serious anxiety of themselves status put into mother and fetus in danger. And adaptation mode makes all the difference. I would like to consider how nurses could deal with this high-risk circumstances in the position of pregnancy woman on the basis of the above fact. This study uses phenomenological method to suggest the basis material for nurses to do nursing intervention in view of pregnancy woman. Because this method understands the nature of true life of pregnancy woman throughly. The phenomenological method is the sources to describe or explain affluently the process generated in confirmation areas and environment and is the application for readers to understand and recognize clinic reality and then apply this method to reasoning study place or other places. Specifically, the phenomenon study method, one of the phenomenological method, is applied. The use of that method is to describe and generalize the experience in environment exactly. The study of this study is as follows : Among 187 descriptive stamens from 8 study participants are classified into 42 theme cluster at the stage of the first analysis. Those theme is categorized into 8 sub-subjects such as anxiety of uncertainty, foreknowledge about risk circumstance, will power about overcome, unsettled feeling about hospital, relief, optimistic thought, family support, and indifferences. At the last stage of analysis, those things are categorized into 3 subjects. When high-risk pregnancy woman foretell the situation, they feel unsettlement about uncertainty and untrust feeling about hospital. But they are ease with family support and hospital support. On the other hand, they express indifferent 3-way structure response to the situation having will of overcome and exceeding optimistic thought. In those statements, the experience by pregnancy woman shows 3 respect subjects. 1. They are anxious of this situation and are in desperation and don't recognize their role to be carried out 2. They think of this situation as normal process of pregnancy and are not concerned that this can give themselves and fetus fatal damage. 3. The pregnancy women will never confront this situation. This study shows the pregnancy woman has anxiety and optimistic relief about the situation, and ignores and optimistic relief about the situation, and ignores many things. Therefore, nurses in clinic should give pregnancy woman knowledge and information about the high-risk and help them to deal with the situation spontaneously. High-risk pregnancy woman should have the care plan in respect of the right perception. And the nurse know that their support help out pregnancy woman overcome the crisis in this respect of the special nursing intervention.

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A Study on the Chapter 'Saving Lives' from The Canonical Scripture: Regarding the Power and Wisdom of Kang Jeungsan (『전경(典經)』 「제생(濟生)」편 연구- 강증산의 권능(權能)·지혜(智慧)와 관련하여 -)

  • Ko Nam-sik
    • Journal of the Daesoon Academy of Sciences
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    • v.41
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    • pp.63-131
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    • 2022
  • In the context of Daesoon Jinrihoe's The Canonical Scripture, 'Saving Lives' consists of one 44 verse-long chapter. The content covers Kang Jeungsan's authority and foreknowledge, and most of the passages are about the treatment of diseases. Other passages are about relief from natural disasters, the resolution of conflicts in personnel affairs, and wisdom as applied to saving lives. The treatment of diseases focuses on solving the ailments faced by lower classes during that time period. Kang Jeungsan relieved the damage suffered by the people from natural phenomena as caused by the three disasters which resulted from water, fire, and wind. He also worked to solve other difficulties experienced in human society. In addition, the definition of 'wisdom' here is one of being high-seeing and far-thinking in Saving Lives. That is the foundation upon which wisdom can save oneself and others. After comparing each chapter of The Canonical Scripture with the parallel verses from the 6th edition of Daesoon Jeongyeong, the results of this study can be summarized as follows: first, saving lives as performed by Kang Jeungsan became an unprecedented and absolute act of relieving the common people during a time when they were suffering from great harms, hardships, and difficulties in their daily lives during the late Joseon Dynasty. Second, the verses were distributed into seven parts to achieve the purpose indicated by the titles of each section which related to specific powers exhibited by Kang Jeungsan in his interactions with Heaven, Earth and Humanity. Third, the second chapter of 'Saving Lives' includes not only treatment of disease, natural disasters, and hardships, but also relief meant to lessen the burdens people experienced in their daily lives while living within the boundaries of society. This is different from the respective section from the 6th edition of Daesoon Jeongyeong which, by way of contrast, only contained verses concerning the treatment of disease. The contents of 'Saving Lives' in The Canonical Scripture deals with the relief in a wide range of applications and is thereby different from the chapter on healing from the Daesoon Jeongyeong, which merely dealt with the healing of diseases. Therefore, this broader range of meanings can be taken to be a unique feature of The Canonical Scripture.

STUDY OF RAT EPIGASTRIC VESSELS ACCORDING TO THE FREEZING TIME : HISTOLOGIC, HISTOMORPHOMETRIC, IMMUNOHISTOCHEMICAL & SCANNING ELECTRON MICROSCOPIC STUDY (백서 상복부 혈관의 동결시간에 따른 변화에 대한 연구)

  • Kim, Woo-Chan;Lee, Chong-Heon;Kim, Kyung-Wook;Kim, Chang-Jin
    • Maxillofacial Plastic and Reconstructive Surgery
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    • v.21 no.2
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    • pp.89-109
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    • 1999
  • Vascular spasm which has been reported to occur in 25% of clinical cases continues to be a problem in microvascular surgery; When prolonged and not corrected, it can lead to low flow, thrombosis, and replant or free flap failure. Ischemia, intimal damage, acidosis and hypovolemia have been implicated as contributors to the vascular spasm. Although much work has been done on the etiology and prevention of vasospasm, a spasmolytic agent capable of firmly protecting against or reversing vasospasm has not been found. Therefore vascular freezing was introduced as a new safe method that immediately and permanently relieves the vasospasm and can be applied to microsurgical transfers. Cryosurgery can be defined as the deliberate destruction of diseased tissue or relief the vascular spasm in microvascular surgery by freezing in a controlled manner. 96 Sprague Dawley rats each weighing within 250g were used and divided into 2 group, experimental 1 and 2 group. In the experimental 1 group, right epigastric vessels (artery and vein) were freezed with a cryoprobe using $N_2O$ gas for 1 min. In the experimental 2 group, after freezing for 1 min, thawing for 30 secs and repeat freezing for 30 secs. Left side was chosen as control group in both group. We sacrified the experimental animals by 1 day, 3 days, 1 week, 2 weeks, 4 weeks & 5 months and observed the sequential change that occur during regeneration of epigastric vessels using a histologic, histomorphometric, immunohistochemical and SEM study after the vascular freezing. The results were as follows1. In epigastric arteries, internal diameters had statistically significant enlargement in 1 day, 3 days of Exp-1 group and 1 day, 3 days, 1 week & 2 weeks of Exp-2 group. Wall thickness had statistically significant thinning in 2 weeks of Exp-2 group. 2. In epigastric veins, internal diameters had enlargement of statistical significance in 1 day of Exp-1 and Exp-2 group. 3. The positive PCNA reactions in smooth muscle appeared in 1 week and increased until 2 weeks, decreased in 4 weeks. There was no statistical significance between Exp-1 and Exp-2 group. 4. The positive ${\alpha}$-SMA reaction in smooth muscles showed weak responses until 1 week and slowly increased in 2 weeks and showed almost control level in 4 weeks. 5. The positive S-100 reactions in the perivascular nerve bundles showed markedly decrease in 1 day, 3 days and increased after 1 week and showed almost control level in 4 weeks. Exp-1 group had stronger response than Exp-2 group. 6. In SEM, we observed defoliation of endothelial cell and flattening of vessel wall. Exp-2 group is more destroyed and healing was slower than Exp-1 group. To sum up, relief of vasospasm (vasodilatation) by freezing with cryoprobe was originated from the damage of smooth muscle layer and perivascular nerve bundle and the enlargement of internal diameter in vessels was similar to expeimental groups, but Exp-2 group had slower healing course and therefore vessel freezing in microsurgery can be clinically used, but repeat freezing time needs to be studied further.

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