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Le Lien de Causalit$\acute{e}$ et la Prescription Extinctive en Mati$\acute{e}$re de Responsabilit$\acute{e}$ M$\acute{e}$dicale en Droit Français (프랑스법상 의사책임분야(醫事責任分野)에서의 인과관계와 소멸시효론에 관한 소고)

  • Park, Soo-Gon
    • 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.

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Role of Redistribution and 24 Hour Reinjection Images to assess Myocardial Viability in Patients with Acute Myocardial Infarction (급성심근경색환자의 심근생존능 평가에 있어서 T1-201 재분포영상과 24시간 재주사영상의 역할)

  • Yoon, Seok-Nam;Pai, Moon-Sun;Park, Chan-H.;Yoo Myung-Ho;Choi, Byung-Il William
    • The Korean Journal of Nuclear Medicine
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    • v.32 no.4
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    • pp.325-331
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    • 1998
  • Purpose: We evaluated the importance of redistribution and 24 hour reinjection images in T1-201 SPECT assessment of myocardial viability after acute myocardial infarction (AMI). Materials and Methods: We performed dipyridamole stress-4 hour redistribution-24 hour reinjection T1-201 SPECT in 43 patients with recent AMI (4-16 days). The myocardium was divided into 16 segments and perfusion grade was measured visually with 4 point score from 0 to 3 (absent uptake to normal uptake). A perfusion defect with stress score 2 was considered moderate. A defect was considered severe if the stress score was 0 or 1 (absent uptake or severe perfusion decrease). Moderate defect on stress image were considered viable and segments with severe defect were considered viable if they showed improvement of 1 score or more on redistribution or reinjection images. We compared the results of viability assessment in stress-redistribution and stress-reinjection images. Results: On visual analysis, 344 of 688 segments (50%) had abnormal perfusion. Fifty two (15%) had moderate perfusion defects and 292 (85%) had severe perfusion defects on stress image. Of 292 severe stress defects, 53 were irreversible on redistribution and reversible on reinjection images, and 15 were reversible on redistribution and irreversible on reinjection images. Two hundred twenty four of 292 segments (76.7%) showed concordant results on stress-redistribution and stress-reinjection images. Therefore 24 hour reinjection image changed viability status from necrotic to viable in 53 segments of 292 severe stress defect (18%). However, myocardial viability was underestimated in only 5% (15/292) of severe defects by 24 hour reinjection. Conclusion: The 24 hour reinjection imaging is useful in the assessment of myocardial viability. It is more sensitive than 4 hour redistribution imaging. However, both redistribution and reinjection images are needed since they complement each other.

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Monitoring of Pesticides in the Yeongsan and Seomjin River Basin (영산강 및 섬진강 수계 중 농약 분포 조사)

  • Lee, Young-Jun;Choi, Jeong-Heui;Kim, Sang Don;Jung, Hee-Jung;Lee, Hyung-Jin;Shim, Jae-Han
    • Korean Journal of Environmental Agriculture
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    • v.34 no.4
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    • pp.274-281
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    • 2015
  • BACKGROUND: A lasting release of low levels of persistence chemicals including pesticides and pharmaceuticals into river has a bad influence on aquatic ecosystems and humans. The present study monitored pesticide residues in the Yeongsan and Seomjin river basins and their tributaries as a fundamental study for water quality standard of pesticides.METHODS AND RESULTS: Nine pesticides(aldicarb, carbaryl, carbofuran, chlorpyrifos, 2,4-D, MCPA, methomyl, metolachlor, and molinate) were determined from water samples using SPE-Oasis HLB(pH 2) and LC/MS/MS. Validation of the method was conducted through matrix-matched internal calibration curve, method detection limit(MDL), limit of quantification(LOQ), accuracy, precision, and recovery. MDLs of all pesticides satisfied the GV/10 values. Linearity(r2) was 0.9965- 0.9999, and a percentage of accuracy, precision, and recovery was 89.4-113.6%, 3.1-14.0%, and 90.8-106.2%, respectively. All pesticides exclusive of aldicarb were determined in the river samples, and there was a connection between the positive monitoring results and agricultural use of the pesticides.CONCLUSION: Monitoring outcomes of the present study implied that pesticides were a possible non-point pollutant source in the Yeongsan and Seomjin river basins and tributaries. Therefore, it is required to produce and accumulate more monitoring results on pesticides in river waters to set water quality standards, finally to preserve aquatic ecosystems.

Effect of Vegetation Types on the Distribution of Soil Invertebrates (식생유형이 토양무척추동물 분포에 미치는 영향)

  • Kim, Myung-Hyun;Bang, Hea-Son;Han, Min-Su;Hong, Hey-Kyoung;Na, Young-Eun;Kang, Kee-Kyung;Lee, Jeong-Taek;Lee, Deog-Bae
    • Korean Journal of Environmental Agriculture
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    • v.28 no.2
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    • pp.125-130
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    • 2009
  • The aim of this study was to investigate whether differences in the distribution of soil invertebrates among different vegetation types (forest, reservoir, and crop land types) in rural area. A total of 18 orders and 137 species were collected by pitfall traps. Species numbers were the lowest (33 species) at the Chamaecyparis obtusa plantation (St. 6). On the forest sites, the individual number of Hymenoptera was the most abundant, and Acari and Coleoptera was the relatively more abundant than the other sites. On the reservoir sites (Salix chaenomeloides community), the individual number of Collembola was the most abundant, and Diptera was the relatively more abundant than the other sites. On the crop land sites, the individual numbers of Collembola, Hymenoptera, and Araneae were the relatively more abundant than the other orders. The density of Araneae was higher in the reservoir and crop land sites than in the forest sites. From a point of view of biodiversity, although the diversity index(H') was the highest in the mixed broad-leaved forest type (St. 2) with Quercus serrata and Q. acutissima, and the lowest in the upland levee of crop land(St. 11), there was no significant difference among the habitat or vegetation types. According to the community analysis, the soil invertebrates could be divided into 4 groups, the mixed broad-leaved forest type (A group), the plantation or pure forest type (B group), the reservoir type (C group), and the crop land type (D group).

Optical and Physical Properties of Covering Materials for Plastic Greenhouse (플라스틱하우스용 피복재의 광학.물리적 특성)

  • Kwon, Joon Kook;Choi, Young Hah;Park, Dong Kum;Lee, Jae Han;Um, Yeong Cheon;Park, Joong Choon
    • Journal of Bio-Environment Control
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    • v.10 no.3
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    • pp.141-147
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    • 2001
  • To compare to the optical and physical properties of covering materials for plastic greenhouse, EVA(ethylene vinyl acetate, 0.08 mm), polyorefine antifog (0.1 mm), fluoric (0.06 mm), diffused (0.15 mm), polyorefine antidrop (0.15 mm) and PET (polyethylene terephthalate, 0.5 mm) films were used. The small greenhouse (5.4$\times$18.5$\times$2.9 m, W$\times$L$\times$H) investigated during 3 years form 1997 to 1999. After covering materials were used for greenhouse covering during 30 months, UV (300-400 nm) transmittances of diffused film and PET were appeared from 25 to 26%, while those of fluoric film and the other films were 76% and from 63 to 67%. For PAR (photosynthetically active radiation, 400-700 nm), the transmittances of fluoric, antidrop, PET, antifog, EVA, and diffused film were 86.5%, 80.5%, 76.3%, 75.5%, 74.1% and 61.9% respectively. The losses of PAR transmittance of EVA and the antidrop film during period between 7 days and 30 months were higher value 12% and lower value 6% than any other film. Under the canopy of tomato plants, light intensities of the diffused film and the antifog film were 2.5 times and 1.4 times higher than those of PET. Tensile resistances of fluoric film at the break point were the higher than those of antifog film and diffused film. While impact resistance of the antidrop film was the highest value, but the fluoric film was the lowest. Air temperature inside the greenhouse for the day showed to be changed the similar light transmittance of the films. But the increasing order of air temperature for the night was PET, fluoric, antidrop, diffused, antifog and EVA film. Especially, air temperature in the PET was 4$^{\circ}C$ higher than that in the EVA. Solar radiations of the fluoric film, the antidrop film, PET and antifog film in the greenhouse were 32%, 15%, 11% and 4% higher than those of PET. However, those of the diffused film was 7% less than PET.

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Simultaneous Control of Several Rice Insect Pests by Broadcasting Application of Granulated Insecticides (Terracur P, Lebaycid, and Gamma-BHC) (입제의 수면처리에 의한 주요수도해충의 동시방제)

  • Choi Seung Yoon;Bae Sang Hee;Song Yoo Han
    • Korean journal of applied entomology
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    • v.9 no.1
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    • pp.25-32
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    • 1970
  • This experiment was conducted to find out the simultaneous control effect of granulated insecticides on the several major rice insect pests in Korea. The granulated insecticides used were Terracur P$5\%$ (one of the phosphoric insecticides), Lebaycid $5\%$, and Sang-gamma (gamma-BHC) $6\%$. Those insecticides were broadcasted by hand on the paddy field at the ratio of 3kg. in June and 4kg. in August per 10 a, and the date of insecticidal application was based on the maximum moth occurrence of the rice stem borer in 1969. The rice insect pests tested in this study were rice stem borer (Chilo suppressalis W.), green rice leafhopper (Nephotettix bipunctatus cincticeps U.), smiller brown planthopper (Laodelphax striatellus F.), and white back planthopper (Sogotella furcifera H.). For the study of residual effectiveness of the insecticides, the rice stem borer larvae just hatched from the eggs were installed on the sheath of rice plants collected from the paddy field after insecticidal treatment, and the mortality was made at 48 hours after installation. High mortality was observed in Terracur P and Sang-gamma treatments and low mortality in Lebaycid treatment. The duration of residual effects giving about 50% mortality was about 14 days in Sang-gamma and about 6 days in Terracur P treatments. The study on the effectiveness of the insecticides to the rice stem borer in the paddy field was made by the number of dead blades and white heads of the rice plants injured by the larvae, and the number of survival larvae in the straws after crop harvest. The order of insecticidal effectiveness to the rice stem borer was Terracur P=Sang-gamm>Lebaycid. The study on the effectiveness of the insecticides to the leafhoppers and planthoppers in the paddy field was made by the population density by sweeping (5 times) at the given day intervals after treatments. Terracur P was highly effective for the control of the green rice leafhoppers and Lebaycid was moderately effective, but Sang-gamma seemed not to be effective. The effectiveness of the insecticides tested to the planthoppers was not clear, and it seemed to related with the low insect population density. Study on the determination of proper timing of insecticidal application was not also made clear, and it seemed to be short in the range of day intervals in the insecticidal application. For the study on the control effects of the rice insect pests, rice yield per 100 hills per plot was observed. There was no statistically significant difference among the treatments in rice yields, but the order of yield (Terracur P>Sang-gamma>Lebaycid>Control) was paralleled with the tends of control effects above mentioned. In a view point of simultaneous control of the rice stem borers and green rice leafhoppers by the application of granulated insecticides, Terracur P and Lebaycid were more effective than Sang-gamma which have been used.

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A Study on Establishment of Technical Guideline of the Installation and Operation for the Biogas Utilization of Power generation and Stream - Results of the Precision Monitoring (바이오가스 이용 기술지침 마련을 위한 연구(II) - 정밀모니터링 결과 중심으로)

  • Moon, HeeSung;Bae, Jisu;Park, Hoyeun;Jeon, Taewan;Lee, Younggi;Lee, Dongjin
    • Journal of the Korea Organic Resources Recycling Association
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    • v.26 no.1
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    • pp.65-78
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    • 2018
  • According to the in social aspects such as population growth, urbanization and industrialization, development of livestock industry by meat consumption, amount of organic wastes (containing sewage sludge and food waste, animal manure, etc) has been increased annually in South Korea. Precise monitoring of 11 organic wastes biogas facilities were conducted. The organic decomposition rate of organic wastewater was 68.2 % for food wastes, 66.8 % for animal manure and 46.2 % for sewage sludge and 58.8 % for total organic wastes. As a result of analyzing the biogas characteristics before and after the pretreatment, the total average of the whole facility was measured to be 560 ppm using iron salts and desulfurization, and decreased to 40 ppm when the reduction efficiency was above 90 %. Particularly, when iron salt is injected into the digester, the treatment efficiency is about 93 %, and the average is reduced to 150 ppm. In the case of dehumidification, the absolute humidity and the relative humidity were analyzed. The dew point temperature of the facility where the dehumidification facility was well maintained as $14^{\circ}C$, the absolute humidity was $12.6g/m^3$, and the relative humidity was 35 %. Therefore, it is necessary to compensate for the disadvantages of biogasification facilities of organic waste resources and optimize utilization of biogas and improve operation of facilities. This study was conducted to optimize biogas utilization of type of organic waste(containing sewage sludge and food waste, animal manure) through precision monitoring.

The Usefulness of Diagnostic Scan Using Technetium-99m Pertechnetate Scintigraphy prior to the First Ablative Radioiodine Treatment in Patients with Well Differentiated Thyroid Carcinoma: A Comparative Study with Iodine-131 (분화된 갑상선암 수술 후 초치료에 있어서 Tc-99m Pertechnetate을 이용한 진단 스캔의 유용성: Iodine-131 스캔과의 비교)

  • Yoon, Seok-Nam;Park, Chan-H.;Hwang, Kyung-Hoon;Kim, Su-Zy;Soh, Eui-Young;Kim, Kyung-Rae
    • The Korean Journal of Nuclear Medicine
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    • v.34 no.4
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    • pp.285-293
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    • 2000
  • Purpose: A prospective comparison was made between imaging with Tc-99m pertechnetate (Tc-99m) and Ioine-131 (I-131) for the detection of residual and metastatic tissue after total thyroidectomy in patients with well-differentiated thyroid carcinoma. Materials and Methods: Initially our patients had imaging with Tc-99m, followed by I-131 within 3 days. The study included 21 patients who had ablation with high dose of I-131 ranging from 100 mCi to 150 mCi. Planar and pinhole images were acquired for both Tc-99m and I-131. Diagnostic images of Tc-99m and I-131 were compared with post-therapy images. Degree of uptake on Tc-99m and I-131 images was scored by four point scale and compared. Results: The results of the Tc-99m study were: 16 of 19 studies (84%) were positive on simple planar images, but 19 of 20 studies (95%) were positive on pinhole images. Conventional I-131 diagnostic imaging on the other hand showed that all studies (100%) were positive on both planar and pinhole images. There was a significant difference in degree of uptake between Tc-99m and I-131 planar images (p<0.05). Only one case of Tc-99m scintigraphy was negative on both planar and pinhole studies (false negative). There was no distant metastasis on the therapeutic I-131 images. Conclusion: Tc-99m scan using pinhole in certain clinical situations is an alternative to the I-131 scan in detecting thyroid or lymph node metastasis prior to the first ablative treatment after thyroidectomy for well-differentiated thyroid carcinoma.

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Rubric Development for Performance Evaluation of Middle School Home Economics - Focusing on Experiment and Practice Methods - (중학교 가정교과 수행평가를 위한 루브릭(rubric) 개발 - 실험.실습법에 적용 -)

  • Bum, Sun-Hwa;Chae, Jung-Hyun
    • Journal of Korean Home Economics Education Association
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    • v.20 no.3
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    • pp.85-105
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    • 2008
  • The purpose of this study was to develop a narrative analytic scoring rubric through teacher-students negotiations, as an assessment of tasks using methods of experiment and practice for home economic(HE) in the middle school. In this study. an analytic rubric had been developed in the following three stages: In the first stage, all the things for rubric development were defined and prepared, by selecting tasks used for rubric application through a questionnaire survey, providing detailed directions on methods and procedures and needed items, and selecting a class for rubric negotiation and setting the development schedule. In addition, the method suggested by Ainsworth and Christinson(1998) in Student Generated Rubrics was used. In the second stage, performance criteria for tasks in terms of knowledge, skills, and attitude were developed, setting scoring framework and scales depending on assessment areas. Referring to selected scoring framework and assessment criteria, observable and assessable behaviors were used to describe rubric based on A, B, and C scale. Then, a primary rubric was developed through teacher-students negotiations, using rubrics made by group. In the last stage, the developed primary rubric was reviewed by an expert of HE education to test the validity. Moreover, the analysis to test the suitability of the final rubric assessment tool employed 46 copies of questionnaire collected from incumbent home economics teachers selected by way of random sampling mainly focusing on those teachers who were in the Master's degree program or completed the program at one university. As a result, the average of suitability of aa the rubrics were over 4.0 in th 5-point scale.

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A Field Research on Multi-Language Sign System in Hospital at the Point of View in Convergent Study - Focused on General Hospital in Busan and South Gyeongsang Province - (융합적 관점에서 본 병원 사인시스템 다중언어 표기 현황 조사 - 부산 및 경남지역 의료기관을 중심으로 -)

  • Park, Han Na;Paik, Jin Kyung
    • Korea Science and Art Forum
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    • v.37 no.1
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    • pp.87-97
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    • 2019
  • The study began in recent years with the aim of grasping the nation's medical status following the fast-growing trend of international medical tourism and attracting foreign patients, among other things, Busan, which ranks second in attracting foreign patients after the nation's capital, Seoul, has been highly active in the past eight years, with foreign patients rising by about 426 percent, and Russian patients entering the sea. In addition, Gimhae and Changwon, the Busan-based Gyeongsangnam-do region, ranked first and second in number of foreign residents, and are inhabited by a variety of foreign workers. Medical institutions, such as hospitals, should be able to find directions within hospitals. It is also a space where information in various languages, including Korean, English, Chinese, or Russian, must be delivered in a single medium. Based on this research, the purpose of this research is to provide converged information that helps foreigners who are not familiar with Korean language easily understand the proposed recognition system when visiting hospitals. Therefore, this paper is applied to a multi-language survey of six medical institutions (A, B, C, D, E, F) at the university hospital in Busan, and 10 medical institutions (R, J) in Gimhae, South Gyeongsang Province with high foreign residents. Research results and contents are as follows. First, the results of analyzing the design of the sinusoidal system show that the font uses colorless Gothic fonts, arrows, and pictograms to introduce the design of a typical hospital sign system. Second, the results of the multi-lingual situation were found to have only two languages in the system, such as Korean and English, and to have four languages, including Korean, English, Chinese, and Russian, according to their geographical location. However, it was judged that most medical institutions currently have only two languages (Korean, English) that may cause some discomfort in terms of language for foreign patients in non-English speaking countries. Based on these findings, it is necessary to propose designs that are considered by Koreans as well as foreign users in the use of multilingual hospital sign systems.