• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.367-397
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• 2014

Dans le contentieux m$\acute{e}$dical, il est difficile de prouver l'existence d'un lien de causalit$\acute{e}$ entre la faute m$\acute{e}$dicale et les pr$\acute{e}$judices subis par la victime. R$\acute{e}$partir bien de façon raisonnable la charge de la preuve du lien causal est alors une des questions pr$\acute{e}$occup$\acute{e}$es par la doctrine cor$\acute{e}$enne. La Cour supr$\hat{e}$me cor$\acute{e}$enne semble toutefois facilliter l'indemnisation des victimes dans les cas o$\grave{u}$ la responsabilit$\acute{e}$ du m$\acute{e}$decin a ${\acute{e}}t{\acute{e}}$ mise en cause, et cela en admettant des fois une solution op$\acute{e}$rant un renversement de la charge de la preuve du lien causal. Une telle attitude a ${\acute{e}}t{\acute{e}}$ m$\hat{e}$me affirm$\acute{e}$e dans un arr$\hat{e}$t rendu r$\acute{e}$cemment en cas de dommage caus$\acute{e}$ par le fait du produit de sant$\acute{e}$, notamment pour le cas de contamination virale par voie de transfusion. La Cour a $\acute{e}$galement reconnu que l'action se pr$\acute{e}$scrit $\grave{a}$ partir du moment de la consolidation du pr$\acute{e}$judice. Aux termes de cette $\acute{e}$tude, on pourra constater que le juge français reconna$\hat{i}$t aussi l'assouplissement de la charge de la preuve du lien de causalit$\acute{e}$ en mati$\acute{e}$re d'action m$\acute{e}$dicale. Il faudra toutefois souligner que le ph$\acute{e}$nom$\acute{e}$ne ne soit pas g$\acute{e}$n$\acute{e}$ralis$\acute{e}$ en droit français, d'autant plus que la pr$\acute{e}$somption de l'existence de la causalit$\acute{e}$ en la mati$\grave{e}$re a $\acute{e}$t$\acute{e}$ admise de mani$\grave{e}$re restrictive par la l$\acute{e}$gislation sp$\acute{e}$cifique. Tel $\acute{e}$tait notamment le cas pour les accidents de la contamination par le virus du sida ou de l'h$\acute{e}$patite C survenus apr$\grave{e}$s la transfusion. En d$\acute{e}$finitive, on peut dire qu'en droit français, le principe est maintenu en cas de manquement $\grave{a}$ une obligation de r$\acute{e}$sultat n$\acute{e}$e du contrat m$\acute{e}$dical, tandis que la Cour de cassation admet parfois en mati$\grave{e}$re de droit commun de la responsabilit$\acute{e}$ contractuelle la pr$\acute{e}$somption de causalit$\acute{e}$ en cas d'inex$\acute{e}$cution des obligations de r$\acute{e}$sultat. En fait, la pr$\acute{e}$somption de causalit$\acute{e}$ dans le contentieux m$\acute{e}$dical pourra mener les m$\acute{e}$decins $\grave{a}$ se diriger vers les traitements d$\acute{e}$fensifs. Cette situation peut m$\hat{e}$me conduire $\grave{a}$ emp$\hat{e}$cher le d$\acute{e}$veloppement de la science m$\acute{e}$dicale, enfin $\grave{a}$ une situation d$\acute{e}$savantageuse aux patients. Il y a alors lieu de se m$\acute{e}$fier des int$\acute{e}$r$\hat{e}$ts d$\acute{e}$s$\acute{e}$quilibr$\acute{e}$s entre le m$\acute{e}$decin et le patient. De ce point de vue, on peut estimer que le droit français donne des suggestions aux juristes cor$\acute{e}$ens dans la recherche des solutions plus ad$\acute{e}$quates en ce qui concerne la charge de la preuve du lien causal en mati$\acute{e}$re de responsabilit$\acute{e}$ m$\acute{e}$dicale.

• Journal of the Daesoon Academy of Sciences
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• v.35
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• pp.147-180
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• 2020

'The Great Nest of Being (The Great Chain of Being)' is a key ontological concept in Perennial Philosophy. The Great Nest of Being shows the depth of the world's religions that have existed historically, and in this context, they represent holarchies of existence and consciousness. This paper examines the nests of various beings in order to grasp the depths of the world's mainstream religions, and reveals that the great nest of being that appear in the Daesoon Thought has the characteristic of synthesizing other nests that have emerged previously in history. According to Perennial Philosophy, the differences among different religions in regards to ultimate reality are not differences in reality but merely differences in semantics. In other words, these differences are only 'different expressions of the same ultimate reality.' Thus, linguistically, ultimate reality in the great nest of being can be summarized as the 'same in what is signifié (signified, 記意)' and 'different in the signifiant (signifier, 記標).' As stated in a preceding study; however, ultimate reality in Daesoon Thought is both transcendent and personal, as well as intrinsic and impersonal. This fact is specifically stated in the Four Tenets (4大 宗旨) of Daesoon Thought. In other words, the Tenets of Daesoon implicitly acknowledge not only the concepts of reality and the direction that emerges from the base of existence in existing systems of religious thought, but also can encompass the ideologies of those systems of religious thought. Considering the four quadrants as the Kosmos (AQAL), it encompasses a universal ideology. Therefore, the tenets of Daesoon Thought encompass the same significance (meaning) of the major systems of religious thought throughout the world in regards to ultimate reality and provide a clue to the solution to the presence of different signifiers (signs).

• Journal of the Korea Concrete Institute
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• v.19 no.1
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• pp.57-65
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• 2007

Over the past few decades, considerable numbers of studies on the durability of concrete have been carried out extensively. A lot of improvements have been achieved especially in both measuring techniques as well as modeling of ionic flows. However, the majority of these researches have been performed on sound uncracked concrete, although most of in-situ concrete structures have more or less micro-cracks. It is only recent approach that the attention has shifted towards the influence of cracks and crack width on the penetration of chloride into concrete. The penetration of chlorides into concrete through the cracks can make a significant harmful effect on reinforcement corrosion. On the other hand, a general acceptable crack width of 0.3 mm has been recognized for keeping the serviceability of concrete structures in accordance with a lot of codes. However, there seems to be rare established description to explain the critical crack width in terms of the durability of concrete. To make a bad situation worse, there is little agreement on critical crack width among a few of literatures for this issue. Critical crack width is still controversial problem. Nevertheless, since the critical crack width is important key for healthy assessment of concrete structures exposed to marine environment, it should be established. The objective of this study is to define a critical crack width. The critical crack width in this study is designed for a threshold crack width, which contributes to the first variation of chloride diffusion coefficient in responsive to the existence of cracks. A simple solution is formulated to realize the quantifiable parameter, chloride diffusion coefficient for only cracked zone excluding sound concrete. From the examination on the trend of chloride diffusion coefficient of only cracked zone for various crack widths, a critical crack width is founded out.

• Korean Journal of Construction Engineering and Management
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• v.17 no.2
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• pp.110-117
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• 2016

This paper shows procedure and strategies to improve military facilities and local residents' welfare through a civil-military sustainable cooperation project. Military installations tend to impede urban developments, so that a few civil compliant have been often filed. Meanwhile, it is sometimes impossible to relocate military units due to their own unique purpose, even though they belong to core sites of civil developments, which are generally indispensible due to urban expansion, magnified road networks and so on. The solution to offset these conflicts between civil and military demands, which are associated with military units and urbanization surrounding them, is to establish sustainable strategies which enable both civil and military be beneficial. In this study, it is described, decision making procedure to make some facilities of a military unit be better as well as promote local residents' welfare through securing high-quality sports facilities. Delphi-technique and Paired Comparison Method are used to collect civil and military opinions regarding sustainable agreements. As a case study, a civil military cooperation project between a military unit and a local government is introduced. With successful projects, it is expected that the better installations could lead positive images of a military unit, provide advanced athletic environments for both local residents and military personnels, and lessen defense cost to maintain them. Moreover, this project will go down as a paragon of civil military sustainable cooperation.

• Korean Journal of Food Science and Technology
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• v.10 no.2
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• pp.136-142
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• 1978

The young cells of Clostridiunm saccaroperbutylacetonicum were rapidly autolysed by exposing them to the hypertonic solution of sucrose(0.3-0.6M) without any other supplement to decompose the rigid cell wall. The cells were converted into the spherical cells by lysis. The spherical cells had following properties: (1) they were absent in the cell wall and osmotically fragile. (2) they were stabilized in the existence of 0.4M sucrose and 5mM $MgSO_4$ (3) they were resistant against adsorption of phage particles. (4) they allowed infection of the isolated phage DNA and produced progeny phage particles. (5) they were able to biosynthesize their macromolecules for a few hours according to a balanced manner of biosynthesis. (6) they were able to produce the bacteriocin particles by mitomycin C treatment. (7) they were unable to multiply. These results were all in the level of typical properties of bacterial protoplasts. It was apparent that the spherical cells formed by lysis occcurring by treatment with hypertonic sucrose were protoplasts.

• Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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• v.10 no.1
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• pp.13-19
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• 2012

The long-lived fission products $^{79}Se$ and $^{99}Tc$ have been considered as the major concern nuclides for the disposal of radioactive waste because of their high solubilities and the existence of anionic species in natural water. In this study, the solubilities of $FeSe_2(s)$ and $TcO_2(s)$, known as respective Solubility Limiting Solid Phase (SLSP) of selenium and technetium, were measured in the KURT (KAERI Underground Research Tunnel) groundwater under various pH and redox conditions. And their solubilities and major species were also calculated using geochemical codes under conditions similar to experimental solutions. Experimental results and calculation for $FeSe_2$ show that the solubility of selenium was found to be below $1{\times}10^{-6}mol/L$ under the condition of pH 8~9.5 and Eh=-0.3~-0.4 V while the dominant species was identified as $HSe^-$. For $TcO_2$, the solubility of technetium was found to be $5{\times}10^{-8}{\sim}1{\times}10^{-9}mol/L$ in the solutions of pH 6~9.5 and Eh<-0.1 V, while the dominant species was $TcO(OH)_2$. However, when the Eh of the solution is -0.35 V, $TcO(OH)_3^-$ and $TcO_4^-$ are calculated as the dominant species at pH 10.5~12 and pH>12, respectively.

• Applied Biological Chemistry
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• v.17 no.2
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• pp.117-124
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• 1974

The 23 representative bacteria were studied for the glucosamine contents which represent the glycolipid content of the cell wall. The distribution of glycolipid in various bacteria was examined and the relationship between the glycolipid contents and the Gram stain was elucidated. The results were as follows: 1. The contents of glucosamine in the glycolipid of Gram negative and variable bacterial cell wall were large ranging from the least 0.04 ${\mu}g$ of Proteus vulgaris to the largest 2.48 ${\mu}g$ of Aerobacter aerogenes. The Gram positive bacteria and only those Gram positive among Bacilli contained less than 0.02 ${\mu}g$ of glucosamine contents. The least glucosamine containing Gram positive bacteria were Corynebacterium sepedonicum and Staphylococcus aureus. It could generally be said that the Gram negative and variable bacteria contain the higher content of glucosamine in the cell wall than the positives. 2. The bacteria were better stained by the Gram solution after the extraction of glycolipid from the cell wall than those without extraction. 3. The four infrared spectra of glycolipids obtained from Aerobacter aerogenes, Bacillus circulans, Pseudomonas fluorescens, and Salmonella typhirurium showed all the similar characteristics. All showed the existence of groups; OH, C-O, C-O-C, $CH_2+CH_3$, amide band, fatty acid ester band and ester carbonyl bond.

• Journal of Korean Tunnelling and Underground Space Association
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• v.6 no.4
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• pp.327-343
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• 2004

During tunnel construction, ground failures often occur due to existence of weak zones, such as faults, joints, and cavities, ahead of tunnel face. It is hard to detect effectively weak zones, which can lead underground structure to fail after excavation and before supporting, by using conventional characterization methods. In this study, an enhanced analytical method of predicting weak zones ahead of tunnel face is developed to overcome some problems in the conventional geophysical exploration methods. The analytical method is based on Coulomb's and Gauss' laws with considering the characteristics of electric fields subjected to rock mass. Using the developed method, closed form solutions are obtained to detect a spherical shaped zone and an oriented fault ahead of tunnel face respectively. The analytical results suggest that the presence of weak zones and their sizes, location, and states can be accurately predicted by combining a proper inversion process with resistance measured from several electrodes on the tunnel face. It appears that the skin depth or resistivity in rock mass is affected by the diameter of tunnel face, natural electric potential and noises induced by experimental measurement and spatial distribution of uncertain properties. The developed analytical solution is verified through experimental tests. About 1800 concrete blocks of 5cm by 5cm by 5cm in size are prepared and used to model a joint rock mass around tunnel face. Weak zones are simulated ahead of tunnel face with a material which has relatively higher conductivity than concrete blocks. Experimental results on the model test show a good agreement with analytical results.

• Strategy21
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• s.30
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• pp.236-262
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• 2012

Morgenthau claims that in international relations, there are the economic, political, and military powers that enable a nation to achieve its political and diplomatic goals. This paper explores the possibility of resolving international conflicts with naval power. First, the theoretical and historical perspective, naval power was used as a final resort to force a nation's political or diplomatic objective on an enemy nation when negotiations failed, and this was done through the physical and psychological destruction of the enemy by naval power. But as the use of military power has decreased because of the invention of the nuclear weapon, the existence of a large and capable navy deterrent has become one of the most useful military options among a nation's diplomatic measures. In other words, he focused on the political usefulness of naval power as a deterrent and coercive diplomatic tool for persuading other nations to acquiesce, rather than using naval power and actual military action as a final resort. The reason for this is that compared to army and air force, navy's flexibility, continuity, and the ability to deter are greater. The navy provides excellent accessibility through its wide mobility on the sea, and it has been shown through research that the navy possesses a political usefulness that facilitates the solution of conflicts through presence, naval intervention, and naval blockade. On the other hand, among the factors that could improve the influence of the navy are alliance relations, a reliable and powerful navy, carrots and sticks that it would have to deal with in the case of successful or unsuccessful negotiations, and support from international opinion. On this paper I introduce E.N.Luttwak's naval suasion theory. By the his theory, there are two mode of naval suasion. One is latent naval suasion the other is active suasion. Latent suasion there are deterrent mode and supportive mode. Active naval suasion there are coercive mode and supportive mode. Coercive mode has positive and negative. The limitations of naval suasion have been identified as follows. First, because the objective of the use of naval power is persuading enemy nations, the results are unpredictable. Second, the leaders of all countries possess limited understanding on the complexities of naval power and therefore lack understanding of the usefulness of naval power when choosing options. Third, in case of failure through naval suasion, prestige and reputation of a nation can be damaged. Finally, the following are additional possible research topic. First, a research on the decision making process of choosing naval power as a measure to resolve conflicts is needed. Lastly, research on the size of the navy and types of ships required for efficient naval suasion is needed. Today's world requires cooperative security regime so that middle class navy also requires political use of naval power in solving international conflicts. Therefore, additional research on this topic is needed.

• Journal of the Mineralogical Society of Korea
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• v.17 no.1
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• pp.1-9
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• 2004

Copper(II) sorbed on kaolinite (KGa-lb) was studied using electron paramagnetic resonance (EPR) and extended X-ray absorption fine structure (EXAFS) spectroscopy. The sorbed copper(II) had an isotropic EPR signal with $g_{iso}\;=\;2.19$ at room temperature. At 77 K, the isotropic signal converted to an axially symmetric anisotropic signal with $g_{\$\mid$}\;=\;2.40,\;g_{\bot}\;=\;2.08,\;and\;A_{\$\mid$}\;=\;131\;G$. These EPR results suggest that the sorbed copper(II) forms an outer-sphere surface complex with a tetragonally distorted $CuO_{6}$ octahedral structure on the kaolinite. In the sorption measurement, the amount of sorbed copper increased with increasing pH of the solution. However, the intensity of the isotropic EPR line was not directly proportional to the amount of sorbed copper. This discrepancy was resolved by assuming the formation of a surface precipitate at higher pH that is invisible by EPR. The EXAFS data confirmed the existence of the surface precipitate. The best fit for the EXAFS of the sorbed copper showed that each copper on the kaolinite had 6.8 copper neighbors located $3.08\;{\AA}$ from it, in addition to the first shell oxygen neighbors, including 4 equatorial O at $1.96\;{\AA}$ and 2 axial O at $2.31\;{\AA}$. This work shows that the local environment of the copper sorbed on the kaolinite changes as a function of pH and surface loading, and that the EPR and EXAFS are useful in studying such changes.