The Legal Interest of Doctor's Duty to Inform and the Compensation to Damages for Non-pecuniary Loss (의료행위에서 설명의무의 보호법익과 설명의무 위반에 따른 위자료 배상)
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- The Korean Society of Law and Medicine
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- v.21 no.2
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- pp.37-73
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- 2020
Medical practice with medical adaptability is not illegal. Consent to medical practice is also not intended to exclude causes of Illegality. The patient's consent to medical practice is the exercise of the right to self-determination, and the patient's right to self-determination is take shape through the doctor's information. If a doctor violates his duty to inform, failure to inform or lack of inform constitutes an act of illegality of omission in itself. As a result, the legal interest of self-determination is violated. The patient has the right to know and make decisions on his or her own, even when it is not connected to the benefit of life and body as the subject of the body. If that infringed and lost, the non-property damage shall be recognized and the immaterial damage must be compensated. On the other hand, the violation of the duty of information does not belong to deny the compensation for physical damage. Which the legal interest violated by violation of the obligation to inform is the self-determination, and loss of opportunity of choice is recognized as ordinary damage. However, if the opportunity of choice was lost because of the infringement of the right to self-determination and the patient could not choice the better way, that dose not occur plainly bad results, under the prove of these causal relationship, that bad results could be compensated. But the unexpectable damage could not be compensated, because the physical damage is considered as the special damage due to the violation of the right of the self-determination.
The heat recovery system that was applied in this study, is the energy-saving type that can produce the maximum cooling capacity less power in use. In order to have a more precise control function the temperature and humidity of the constant temperature and humidity machine, control algorithm is applied to designed a fuzzy PID controller, and the outside air compensation device (air-cooled) demonstrated excellent ability to dehumidify the moisture,
In order to make a treatment plan and outcome prediction, it is important to evaluate accurately and objectively osseous tissues of the implant area. The evaluation of osseous tissues is the most objective method for the decision of production time of upper structure of alveolar bone. However, the evaluation of osseous tissues contains contradiction because it is made by subjective opinions of dental surgeons. Many dentists also point out the problem of subjective evaluation of osseous tissues. Therefore, it is necessary to create accurate and objective standards. Previously, the evaluation of bone density depends on dentist's subjective sensation during drilling procedure of implant. However, the HU(Hounsfield unit) figure of CT(computed tomography) scan allows of objective and precise categorization of bone density now. Misch and Kircos divided the bone density levels from D1 to D5 with subjective separation of bone density. Their method also depended on not objective and quantification data but subjective separation by sensation. Thus, we need the evaluation of implant area through comparative analysis of more objective and quantification data. Implant treatment comprises the highest frequency of medical disputes of dental clinic. If we bring objective checkup and reasonable treatment method in the implant treatment, we can deduce more reasonable results, and the failure late of implant treatment also can decrease. The ultimate objective of this study is the minimization of dental disputes between dental patients and dentists by creating new legal standards on the basis of objective and quantification data.
In Korea, urban railway cars are typically maintained using the strategy of predictive maintenance. In an effort to overcome the limitations of the existing strategy, there is increased interest in adopting the condition-based maintenance strategy. In this study, a novel method is proposed to detect faults in the solenoid valves of the braking system in urban railway vehicles. We determined the key component (i.e., solenoid valve) that leads to braking system faults through the analysis of failure modes, effects, and criticality. Then, an equivalent circuit model was developed with the compensation of the temperature effect on solenoid coils. Finally, we presented how to detect faults with the equivalent circuit model and current signal measurements. To demonstrate the performance of the proposed method, we conducted a case study using real solenoid valves taken from urban railway vehicles. In summary, it was shown that the proposed method can be effective to detect faults in solenoid valves. We anticipate the outcome from this study can help secure the safety and reliability of urban railway vehicles.
The sensorless control based on the flux linkage of PM synchronous motors has excellent position estimation characteristics at low speeds. However, a limitation arises because the integrator of flux estimator is saturated by the DC offset generated during the analog to digital conversion(ADC) process of the measured current. In order to overcome this limitation, HPF with a low cutoff frequency is used. However, the estimation performance is deteriorated (Ed- the verb deteriorate already includes the meaning of 'problem') at high speed due to the low cutoff frequency, and increasing the cutoff frequency of the HPF induces further problems of phase leading and initial starting failure at low speeds. In this paper, the cutoff frequency of HPF was synchronized to the operation frequency of the motor: at low speeds the cutoff frequency was set to low in order to reduce the phase leading of the estimated flux, and at high speeds it was set to high to raise the DC offset removal performance. As a result, the operating range was increased by 200%. Furthermore, a phase compensation algorithm is proposed to reduce the phase leading of the HPF to less than 1.5 degrees over the full operating range. The proposed sensorless control algorithm was verified by experiment with a PM synchronous motor for a washing machine.
1. Introduction Today Internet is recognized as an important way for the transaction of products and services. According to the data surveyed by the National Statistical Office, the on-line transaction in 2007 for a year, 15.7656 trillion, shows a 17.1%(2.3060 trillion won) increase over last year, of these, the amount of B2C has been increased 12.0%(10.2258 trillion won). Like this, because the entry barrier of on-line market of Korea is low, many retailers could easily enter into the market. So the bigger its scale is, but on the other hand, the tougher its competition is. Particularly due to the Internet and innovation of IT, the existing market has been changed into the perfect competitive market(Srinivasan, Rolph & Kishore, 2002). In the early years of on-line business, they think that the main reason for success is a moderate price, they are awakened to its importance of on-line service quality with tough competition. If it's not sure whether customers can be provided with what they want, they can use the Web sites, perhaps they can trust their products that had been already bought or not, they have a doubt its viability(Parasuraman, Zeithaml & Malhotra, 2005). Customers can directly reserve and issue their air tickets irrespective of place and time at the Web sites of travel agencies or airlines, but its empirical studies about these Web sites for reserving and issuing air tickets are insufficient. Therefore this study goes on for following specific objects. First object is to measure service quality and service recovery of Web sites for reserving and issuing air tickets. Second is to look into whether above on-line service quality and on-line service recovery have an impact on overall service quality. Third is to seek for the relation with overall service quality and customer satisfaction, then this customer satisfaction and loyalty intention. 2. Theoretical Background 2.1 On-line Service Quality Barnes & Vidgen(2000; 2001a; 2001b; 2002) had invented the tool to measure Web sites' quality four times(called WebQual). The WebQual 1.0, Step one invented a measuring item for information quality based on QFD, and this had been verified by students of UK business school. The Web Qual 2.0, Step two invented for interaction quality, and had been judged by customers of on-line bookshop. The WebQual 3.0, Step three invented by consolidating the WebQual 1.0 for information quality and the WebQual2.0 for interactionquality. It includes 3-quality-dimension, information quality, interaction quality, site design, and had been assessed and confirmed by auction sites(e-bay, Amazon, QXL). Furtheron, through the former empirical studies, the authors changed sites quality into usability by judging that usability is a concept how customers interact with or perceive Web sites and It is used widely for accessing Web sites. By this process, WebQual 4.0 was invented, and is consist of 3-quality-dimension; information quality, interaction quality, usability, 22 items. However, because WebQual 4.0 is focusing on technical part, it's usable at the Website's design part, on the other hand, it's not usable at the Web site's pleasant experience part. Parasuraman, Zeithaml & Malhorta(2002; 2005) had invented the measure for measuring on-line service quality in 2002 and 2005. The study in 2002 divided on-line service quality into 5 dimensions. But these were not well-organized, so there needed to be studied again totally. So Parasuraman, Zeithaml & Malhorta(2005) re-worked out the study about on-line service quality measure base on 2002's study and invented E-S-QUAL. After they invented preliminary measure for on-line service quality, they made up a question for customers who had purchased at amazon.com and walmart.com and reassessed this measure. And they perfected an invention of E-S-QUAL consists of 4 dimensions, 22 items of efficiency, system availability, fulfillment, privacy. Efficiency measures assess to sites and usability and others, system availability measures accurate technical function of sites and others, fulfillment measures promptness of delivering products and sufficient goods and others and privacy measures the degree of protection of data about their customers and so on. 2.2 Service Recovery Service industries tend to minimize the losses by coping with service failure promptly. This responses of service providers to service failure mean service recovery(Kelly & Davis, 1994). Bitner(1990) went on his study from customers' view about service providers' behavior for customers to recognize their satisfaction/dissatisfaction at service point. According to them, to manage service failure successfully, exact recognition of service problem, an apology, sufficient description about service failure and some tangible compensation are important. Parasuraman, Zeithaml & Malhorta(2005) approached the service recovery from how to measure, rather than how to manage, and moved to on-line market not to off-line, then invented E-RecS-QUAL which is a measuring tool about on-line service recovery. 2.3 Customer Satisfaction The definition of customer satisfaction can be divided into two points of view. First, they approached customer satisfaction from outcome of comsumer. Howard & Sheth(1969) defined satisfaction as 'a cognitive condition feeling being rewarded properly or improperly for their sacrifice.' and Westbrook & Reilly(1983) also defined customer satisfaction/dissatisfaction as 'a psychological reaction to the behavior pattern of shopping and purchasing, the display condition of retail store, outcome of purchased goods and service as well as whole market.' Second, they approached customer satisfaction from process. Engel & Blackwell(1982) defined satisfaction as 'an assessment of a consistency in chosen alternative proposal and their belief they had with them.' Tse & Wilton(1988) defined customer satisfaction as 'a customers' reaction to discordance between advance expectation and ex post facto outcome.' That is, this point of view that customer satisfaction is process is the important factor that comparing and assessing process what they expect and outcome of consumer. Unlike outcome-oriented approach, process-oriented approach has many advantages. As process-oriented approach deals with customers' whole expenditure experience, it checks up main process by measuring one by one each factor which is essential role at each step. And this approach enables us to check perceptual/psychological process formed customer satisfaction. Because of these advantages, now many studies are adopting this process-oriented approach(Yi, 1995). 2.4 Loyalty Intention Loyalty has been studied by dividing into behavioral approaches, attitudinal approaches and complex approaches(Dekimpe et al., 1997). In the early years of study, they defined loyalty focusing on behavioral concept, behavioral approaches regard customer loyalty as "a tendency to purchase periodically within a certain period of time at specific retail store." But the loyalty of behavioral approaches focuses on only outcome of customer behavior, so there are someone to point the limits that customers' decision-making situation or process were neglected(Enis & Paul, 1970; Raj, 1982; Lee, 2002). So the attitudinal approaches were suggested. The attitudinal approaches consider loyalty contains all the cognitive, emotional, voluntary factors(Oliver, 1997), define the customer loyalty as "friendly behaviors for specific retail stores." However these attitudinal approaches can explain that how the customer loyalty form and change, but cannot say positively whether it is moved to real purchasing in the future or not. This is a kind of shortcoming(Oh, 1995). 3. Research Design 3.1 Research Model Based on the objects of this study, the research model derived is
The missile technology and its development in south Korea have been restrained to the limit of 180 km by America which instead provided to Korea with security protection. In the same vein, America pressured South Korea to abort its nuclear weapons program so as to prevent another possible military encounter that can easily develop into a war between South and North Korea. This restraint was a bit relaxed when South Korea joined the Missile Technology Control Regime (MTCR) in 2001 whereby the limit was 300 km. The situation of South Korea is in much contrast with its neighbor, North Korea, which has fired Taepo Dong 1 and Taepo Dong 2 to put its alleged satellite respectively into the Earth orbit. The range of this rocket believed to be reaching more than 5,500 km, a range of the intercontinental ballistic missile, without any rein. South Korea that has just geared its full powers for its outer space industry, with the current space projects of putting its satellites into the low Earth orbit, will in future put its satellite into the geostationary orbit, 36,000 km above the Earth. To do so, such restraint had better be resolved. Korean space industry, as it is alike in other countries, started with putting and manufacturing sounding rockets, producing satellites but relying on foreign launching facilities, and learning launching capacities. Experiencing three time launchings of KITSAT, the current satellite projects of Korea are undertaken as follows: - Koreasat - STSAT - Komsat - MBSAT - COMS (Communication, Ocean, and Meteorological Satellite) Koreans waked up to the things of outer space in 2008 with the first Korean astronaut Li So-yeon, a lady bio systems engineer. Although the first Korean made rocket in cooperation with a Russian company to fire last August 2009 was a failure, it should be considered as an inevitable process for future endeavors. There are currently three outer space related laws of Korea: Aerospace Industry Development Promotion Act 1987, Outer Space Development Promotions Act 2005, and Space Damage Compensation Act 2008. The first two stemming from the two different ministries are, however, overlapping in many aspects and have some shortcomings to be improved.
'The worstest environment disaster', 'World's first biocide massacre', 'Home-based Sewol ferry disaster' are all phrases attached to the recent humidifier disinfectant disaster. In the spring of 2011, four of 8 pregnant women including 1 adult man passed away at a university hospital in Seoul due to breathing failure. Epidemiologic investigation conducted by the Korean CDC soon revealed the inhalation of humidifier disinfectant, which had been widely used in Korea during the winter, to be responsible for the disease. As well as lung fibrosis hardening of the lungs, other diseases including asthma, rhinitis, skin disease, liver disease, fetal disease or cancers have been researched for their relation with exposure to the products. By February 9, 2017, 5,342 cases had registered for health problems and 1,131 of them were already dead (20.8% mortality rate). Based on studies by government agencies and a telephone survey of the general population by Seoul National University and civic groups, around 20% of the general public of Korea has used these products. Since the market release of the first product by SK Chemical in 1994, over 7.1 million items from around 20 brands were sold up to 2011. Most of the products were manufactured by well-known large conglomerates such as SK, Lotte, Samsung, Shinsegye, LG, and GS, as well as some European companies including UK-based Reckitt Benckiser and TESCO, the German firm Henkel, the Danish firm KeTox, and an Irish company. Even though this disaster was unveiled in 2011 by the Korean government, the issue of the victims was neglected for over five years. In 2016, an unexpected but intensive investigation by prosecutors found that Reckitt Benckiser manipulated and concealed animal tests for its own brand and brought several university experts and company employees to court. The matter was an intense social issue in Korea from May to June with a surge in media coverage. The prosecutor's investigation and a nationwide boycott campaign organized by victims and environmental groups against Reckitt Benckiser, whose product had been used by more than 70% of victims, led to the producer's official apology and a compensation scheme. A legislative investigation organized after the April 2016 national election revealed the producers' faults and the government's responsibility, but failed to meet expectations. A special law for the victims passed the National Assembly in January 2017 and a punitive system together with a massive environmental epidemiology investigation are expected to be the only solutions for this tragedy. Sciences of medicine, toxicology and environmental health have provided decisive evidence so far, but for the remaining problems the perspectives of social sciences such as sociology and jurisprudence are highly necessary, similar to with the Minamata disease and Wonjin Rayon events. It may not be easy to follow this issue using unfamiliar terminology from medical and chemical science and the long, complicated history of the event. For these reasons the author has attempted to write this article in a question and answer format to render it easier to follow. The 17 questions are: Q1 What is humidifier disinfectant? Q2 What kind of health problems are caused by humidifier disinfectant? Q3 How many victims are there? Q4 What is the analysis of the 1,112 cases of death? Q5 What is the problem with the government's diagnostic criteria and the solution? Q6 Who made what brands? Q7 Has there been a recall? What is still on sale? Q8 Was safety not checked by any producers? Q9 What are the government's responsibilities? Q10 Is it true that these products were sold only in Korea? Q11 Why and how was it unveiled only in 2011 after 17 years of sales? Q12 What delayed the resolution of the victim issue? Q13 What is the background of the prosecutor's investigation in early 2016? Q14 Is it possible to report new victim cases without evidence of product purchase? Q15 What is happening with the victim issue? Q16 How does it compare with the cases of Minamata disease and Wonjin Rayon? Q17 Are there prevention measures and lessons?
This study aims to clarify factors having effect on the turnover and entrepreneurial intention of financial institution workers. Particularly, this study analyzed the effect of job satisfaction, job insecurity, retirement expectation and retirement preparation activities. As research subjects, this study selected financial institution workers residing in Seoul and the capital area and used a total of 508 samples as analysis data. This study analyzed job satisfaction, job insecurity, retirement expectation and retirement preparation activities as factors having effect on the turnover and entrepreneurial intention of financial institution workers. The research results can be summarized as follows; Firstly, all the factors of job satisfaction had negative (-) effect on their turnover intention, and compensation satisfaction and interpersonal relation satisfaction also had negative (-) effect on their entrepreneurial intention. Secondly, since job insecurity had positive (+) effect on their turnover intention and entrepreneurial intentions, the more insecure their jobs became, the more their turnover and entrepreneurial intention increased. Thirdly, in the retirement expectation, forced frustration and continuation had positive (+) effect on their turnover intention, and forced frustration, new start and continuation also had positive (+) effect on their entrepreneurial intention. Fourthly, in the retirement preparation activity, entrepreneurial preparation, social preparation and physical preparation of retirement preparation activity had positive (+) effect on their turnover intention, but economical preparation had negative (-) effect on their turnover intention, while entrepreneurial preparation had positive (+) effect on their entrepreneurial intention. In other words, as they prepare business start-up more for retirement, their turnover and entrepreneurial intentions increase more. Although they receive higher wages than other workers in different job fields as financial institution workers, they showed significant results about turnover and entrepreneurial intentions, which indicates that job satisfaction, job insecurity, retirement expectation and preparation activities function as important variables in the relation with their turnover and entrepreneurial intentions. Such research results imply that it is necessary to develop various educational programs and turnover and business start-up support programs so that financial institution workers may have better understanding of both success and failure cases when they actually work on business start-ups.
The objective of research provides the physical therapy of good quality to the patients to search for the problem pant against a physical therapy accident and it simultaneously respects physical therapy company law, the possibility of preparing a system defensive ability in order to be. The data were collected from 2000 October 1 to December 30th, and analyzed by a frequency and a percentage, oneway ANOVA, Scheffe method, . 3.2 Hypotheses 3.2.1 The Hypothesis of On-line Service Quality and Overall Service Quality shows, Step 1 and Step 2 are significant, and mediation variable has a significant effect on dependent variables and so does independent variables at Step 3, too. And there needs to prove the partial mediation effect, independent variable's estimate ability at Step 3(Standardized coefficient
shows, Step 1 and Step 2 are significant, and mediation variable has a significant effect on dependent variables and so does independent variables at Step 3, too. And there needs to prove the partial mediation effect, independent variable's estimate ability at Step 3(Standardized coefficient
Outer Space Activities and an Observation of Related Laws of Korea
(국내 우주활동과 관련법 소고)
Questions and Answers about the Humidifier Disinfectant Disaster as of February 2017
(가습기살균제 참사의 진행과 교훈(Q&A))
A Study on Factors Having Effect on the Turnover and Entrepreneurial Intention of Financial Institution Workers
(금융기관 종사자의 이직 및 창업의도에 영향을 미치는 요인 연구)
A Study on the Experience of Physical Therapy Accident in The Physiotherapist
(물리치료사에 있어서 물리치료 사고의 경험에 관한 연구)
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