• 제목/요약/키워드: precedents

검색결과 260건 처리시간 0.025초

델파이기법을 이용한 가덕신공항 운영당국 설립시 참조공항 선정기준 도출에 관한 연구 (A Study on the Development of Reference Criteria for Airport Selection in the Establishment of the Gadeok New Airport Corporation using Delphi Techniques)

  • 김광일
    • 한국항공운항학회지
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    • 제32권2호
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    • pp.65-71
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    • 2024
  • It is anticipated that Gadeok New Airport will be constructed, and the entity responsible for its operation will be a new airport authority, not the existing airport corporation, as the Ministry of Land, Infrastructure and Transport has announced its plan to establish the Gadeok New Airport Construction Authority. Based on the precedents of existing airport corporations, it is expected that the future authority will undergo organizational changes to become an airport corporation. This study seeks to establish criteria for selecting overseas airports for benchmarking when researching the entity that will operate the newly established Gadeok New Airport authority. To provide a specific basis for selecting overseas airports for the future operation of Gadeok Airport, the Delphi survey method will be used to derive criteria. Currently, when examining the participation of local governments in regional airports, Gimhae International Airport is operated solely by the Korea Airports Corporation, receiving criticism for the lack of participation by the local government, such as Busan City, in decision-making related to airport operation and local reinvestment. Therefore, it is deemed necessary to provide early direction for improvement in this regard.

손해배상액 산정에 관한 최근 10년간 판례의 동향 하(下) (The Trend of Precedents about Calculation of Damage Compensation for Last Decade)

  • 박영호
    • 의료법학
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    • 제11권1호
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    • pp.397-445
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    • 2010
  • This thesis introduces the trends of korean courts' ruling on damages in medical malpractice cases for past 10 years. First of all, Korean courts' ruling have had a tendency to pay only non-economic damages for not taking the informed consent. If a doctor cannot get the informed consent from a patient, he compensate only non-economic damages for the infringement of self-determination rights of patient. It's enough for the plaintiff to prove the infringement of self-determination rights, if the plaintiff just want to get non-economic damages. The Korean Supreme court have ruled that if plaintiffs want to get economic damages for the infringement of self-determination rights or informed consent, plaintiffs must prove that the infringement of self-determination rights is the proximate cause of the economic damages of patient. There is another tendency for the Korean Supreme court to limit the damages in medical malpractice cases on the ground of patient's diseases' dangerousness or patient's idiosyncrasy. In the past courts often limit the damages only to 70~80% of total damages, but now a days courts mostly limit the damages to 20~30%. This thesis also introduce the Korean courts' trends about Valuing damages in personal injury actions awarded for gratuitously rendered nursing and medical care.

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모더니즘과 포스트모더니즘 관점에서 본 퍼스트레이디 패션 스타일 비교연구 - 재클린 케네디와 미셸 오바마를 중심으로 - (The Comparative Study of the First Ladies' Fashion Style from a Perspective of Modernism and Postmodernism - Centering around Jacqueline Kennedy and Michelle Obama -)

  • 이미숙
    • 복식
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    • 제63권8호
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    • pp.14-26
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    • 2013
  • The purpose of this study is to compare and analyze Jacqueline Kennedy and Michelle Obama's fashion style from a perspective of modernism and postmodernism. The method utilized in this study was first, to examine the properties of modernism and postmodernism. Next, we explored the types of role performance of the first ladies and the application of their fashion as an aid to their roles through the precedents of the research concerning modernism and postmodernism. The results of the study are as follows. First, there was a trend of formalism and anti-formalism. Jacqueline Kennedy made her public appearances wearing a formal dress in order to express the first lady's authoritarian figure of restrained elegance. The fashion of the first lady aspired to formalism. Meanwhile, Michelle Obama followed more of a free style by eschewing the typical formality of the first lady. She created diverse styles utilizing a variety of items, which were not interrupted by form or by using heterogeneous items. Second, there is a trend of elitism and populism. While Jacqueline Kennedy preferred only haute couture designers' costume in order to show the prestige and dignity of the upper class, Michelle Obama patronized unknown designers' clothing or mid-level casual brand goods that the public favors in order to interact with the public through her fashion. Third, while modernism regards totality or unity to be important, postmodernism puts an emphasis on the eclecticism by pursuing complexity and diversity through the deconstruction of an indigenous genre. In case of Jacqueline Kennedy, this tendency featured monotone clothing color, which presented a unified full set dress that excluded decoration. Michelle Obama, in contrast, mixed and matched formal dresses and a casual cardigan or felicitously mixed luxury brand or low to middle priced brand goods.

모바일 미디어 기술과 주거형태에 따른 노인 자살생각 완화 연구 (Investigation on the Mitigation of Suicidal Thoughts in the Elderly Depending on Mobile Media Technology and Living Arrangement)

  • 범철호;존 존슨;최철환
    • 한국콘텐츠학회논문지
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    • 제20권11호
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    • pp.534-545
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    • 2020
  • 초고령화 사회에서 증가한 독거노인의 인구는 많은 문제들을 야기하고 있다. 홀로 살아가고 있는 노인들은 상실감과 자살 생각이 높아질 수 있음에 따라 본 연구는 주거형태와 스마트폰이 이들의 상실감과 자살 생각에 미치는 영향을 분석하였다. 본 연구에서 2G폰을 사용하는 노인들은 스마트폰을 사용하는 이들보다 낮은 사회적 역할과 관계를 느끼는 것으로 나타났다. 또한, 가족 구성원 또는 배우자와 함께 살고 있는 노인들은 독거노인들보다 낮은 자살 생각을 하는 것으로 밝혀졌다. 그렇지만 사회적 역할과 관계의 상실감은 거주 형태보다 스마트폰의 사용 실태 여부에 더 유의한 영향을 받는 것으로 나타났다. 게다가, 스마트폰을 사용하는 노인들은 사회적 역할과 관계에 대해 낮은 수준의 상실감을 보여주고 있는 것으로 나타났다. 노인들 사이에서 신체적 건강, 사회적 역할, 관계의 상실감은 자살 생각을 높이는 주요한 요인으로 밝혀졌다는 점에서 놀랍게도 경제적 능력만이 자살 생각의 지표가 아니었음을 확인하였다.

치과의료 영역에서 진료보조에 대한 고찰 (A study of dental assistance in dental care)

  • 정재연;강부월;강보람;김수화;황윤숙;한수진
    • 한국치위생학회지
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    • 제19권6호
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    • pp.875-890
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    • 2019
  • Objectives: This study aims to establish the concept of "dental assistance" within the dental field and to identify the scope of dental assistance, which can be utilized in order to distinguish the scope of work between jobs. Methods: The literature on dental hygienist work and dental assistance was reviewed, and the laws and precedents related to dental assistance were examined. Results: The criteria for judging the legitimacy of dental assistance included the following: whether the performance was conducted under the guidance and supervision of a doctor; whether there was a possibility of an aftereffect or side effects of the procedure; whether education was conducted within the curriculum; and whether it was evaluated in the national licensing examination. In addition, the work of the assistant in dental surgery and treatment is judged comprehensively by considering the type of dental surgery and treatment, invasive degree, necessity of expertise, and work proficiency of the dental hygienist. Therefore, it is suggested that dental hygienists may be of assistance for dental treatment/surgery because they meet the requirements of dental professionals, such as dental hygiene curriculum, national licensing examination, duties in the field of dentistry, and work proficiency. Conclusions: Dental assistance (including assistance in dental surgery) for dental treatment, dental/medical history taking, taking vital signs, and blood glucose monitoring should be permitted within the realm of dental hygienist work. Therefore, the actual expertise of dental hygienists should be reflected legally and the work of dental hygienists should be realized.

의료과실판단에서의 가이드라인의 역할 -일본에서의 논의를 참고하여- (The Role of Guidelines on the Judgement of Medical Negligence - Referring to Debates in Japan -)

  • 송영민
    • 의료법학
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    • 제11권2호
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    • pp.209-235
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    • 2010
  • According to the development of medical technology, new medical treatments have been dramatically increased as an inevitable consequence, however, it is not easy for medical workers to learn the knowledge that is necessary for new medical treatments and their additions in the medical services. Therefore, it could not be helped increasing the guidelines for applying new medical treatments, and then, the problem would come out whether to attribute the medical negligence to the doctors who did not follow the guidelines when the patient became worse because of his non-compliance. Nevertheless, there is no document to review the problem mentioned above and also no definite precedents. Thus, the civil lawful character and obligation of guidelines on the lawsuit against the medical default have been examined in this studies. The medical negligence is defined as usual doctors violate the care obligation which is demanded for them to follow when they treat patients under the proper medical standard in those days. It is resonable to assume that the matter of guidelines is to decide the level of the care obligation, that means the care which is required of the rational doctors under same circumstances, and in general, the experts' testimonies should be needed in this case. In addition, the issue comes out whether the guidelines can be the standard of the judgement of the medical negligence. Finally, I suppose, the evaluation of the issue depends on who makes the guidelines, what materials are based on, and also depends on whether there is another guidelines in the same disease, what the purpose of guidelines is to save the medical costs or to realize the appropriate medical services, in addition, it depends on how often renew the guidelines, and how wide is the usage of guidelines.

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물리치료사의 업무범위와 의사의 지도권에 관한 법적 검토 - 청주지방법원 2010. 2. 3. 선고 2009노1317 판결 - (A Legal Review on Physical Therapists' Roles and Doctors' Superintendency)

  • 김한나;김계현
    • 의료법학
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    • 제11권2호
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    • pp.337-361
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    • 2010
  • In the case of Korea, both of modern medicine and oriental medicine are admitted as medical practices in the system. In other words, healthcare system is dualized. However, medical practice that corresponds to oriental medicine in Korea is substitution of medical practice in cases of foreign countries. For use of medical devices, it is provided only for doctors and medical technician relevant to use. Particularly, although oriental medicine is recognized as orthodox medicine in terms of the features of Korean medical system, superintendency of oriental doctors is not identical with that of doctors for use of medical devices and superintendency toward medical technicians. Recently, Cheongju District Court decided that superintendency of oriental doctor upon physical therapist is not acknowledged. It can be said that the judgement is opposed to the original verdict which judged that oriental doctors' employment and guidance of oriental doctors upon physical therapist is permissible. Hence this study aimed to review on domestic medical law system, which is dualized, roles of medical professionals, intent of the medical license system, provisions related to medical technician law and relevant precedents. Regulations on practices other than licensed practices by medical professionals are made because medical practices may affect on danger toward life and body of human and public health also. Therefore, the nation regulates medical professionals having licenses to perform medical practices within the range of the licenses. It is clearly prescribed that medical technicians may perform medical practices under instructions of doctors or dentists pursuant to the medical technician law. In addition, the court also judges that it is out of the license of oriental doctors if they use CT devices and limits the use of modern medical devices by oriental doctors. That is to say that it limits oriental doctors' employment of medical technicians and pursuant of oriental doctors on medical technicians as well.

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대학생을 위한 정보 활용능력과 글쓰기 교육의 연계.협력에 관한 연구 (A Study on the Connection/Cooperation of Information Literacy and Writing Instruction for Academic Students)

  • 한만성
    • 한국비블리아학회지
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    • 제22권1호
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    • pp.117-133
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    • 2011
  • 이 연구는 정보 활용능력 교육과 글쓰기 교육의 연계 협력의 이론과 실제를 살펴봄으로써 한국의 정보 활용능력 교육 프로그램 개발 및 구성과 관련된 통찰력을 얻고자 하였다. 우선 정보 활용능력이 가진 모호성과 다양한 개념을 통해 정보 활용능력 교육 또한 일률적인 지침이나 표준으로는 이루어질 수 없음을 밝혔다. 또 다양한 정보 활용능력 교육 프로그램 가운데 글쓰기와의 연관성을 비중 있게 다룬 이론적 배경을 살펴 본 뒤, 실제로 글쓰기 교육을 정보 활용능력 교육과 연계하여 협력적으로 실행한 미국 유타 대학과 캐나다 윈저 대학의 사례 연구를 소개하였다. 마지막으로 한국의 상황에서 정보 활용능력 교육과 글쓰기 교육의 연계 또는 협력의 가능성을 타진해 보고 그 대안을 제시하였다.

Incoterms$^{(R)}$ 2010의 근원과 일부 규정의 문제점에 관한 연구 (A Study on the Origin of the Incoterms and Regulation Problems of Some Rules in the Incoterms$^{(R)}$ 2010)

  • 오세창;박성호
    • 무역상무연구
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    • 제57권
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    • pp.35-60
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    • 2013
  • The Incoterms which is one of the most useful international instrument for sale of goods provides when a contract goods deliver, risk passes and how costs are allocated between seller and buyer on the contract as long as they agree to use a rule of the Incoterms rules. The Incoterms rules have come into effective to use for an international or domestic trade of goods since January 2011, which have been modified several times since these established by ICC in 1936. The origin of Incoterms rules may had been appeared from English traditional FOB terms that had been affected to American regulations for the sale of goods. The Incoterms rules which had been started from the traditional English FOB terms and American FOB terms have been expanded other trade terms, such as CIF. Although FOB is based on the COD(Cash on Delivery), it is possible replaced COD to CAD(Cash against Delivery) through the use of Bill of Lading and Letter of Credit in the international sale of goods between seller and buyer according to the development of infrastructures on the international commercial transactions. This article exercises the process of transition of the Incoterms rules, being based on the English and American traditional FOB contract form through review literatures, judical precedents and provisions. Then this article provides some feasible alternatives to attempting to resolve some regulation problems of FCA, CPT, CIP, and D-rules in the Incoterms$^{(R)}$ 2010.

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Court's Criteria for Judging Research Misconduct and JRPE Goals

  • HWANG, Hee-Joong
    • 연구윤리
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    • 제1권1호
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    • pp.23-28
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    • 2020
  • Purpose: Focusing on Supreme Court precedents, we intend to establish criteria for judging research misconduct. Research design, data and methodology: In addition, I would like to propose the criteria for judging research misconduct by the KODISA, which applies the court's standards well in practice, and guidelines for preventing research misconduct. Research design, data and methodology: After classifying the case of research misconduct into six cases, the court's judgment and practical application will be reviewed. Results: First, research misconduct that has passed the disciplinary prescription can be punished. This is because the state of illegality continues to this day. Second, even if there were no punishment regulations at the time of research misconduct, it can be retroactively punished with the current punishment regulations. This is because research ethics is a universal and common standard and does not change. Third, if there is a fact that infringes on intellectual property rights, it is presumed unwritten intentions. Therefore, the act of taking and using the work of another person without permission or proper citation procedure, even if it is unintentional and for the public interest, is a research misconduct. Fourth, if there is an inappropriate citation notation, the intention of research misconduct is presumed. It is the judgment of the court that even if a quotation is marked, if it is incomplete, it is recognized as plagiarism. Fifth, if the author uses the work of another person without proper source indication, it is plagiarism even if the other person who owns the copyright agrees to it. The understanding or consent of some parties does not justify research misconduct in violation of public trust. Sixth, it is a research misconduct to create a new work without citations for one's previous work. In addition, even if there is a citation, if the subsequent writing is not original, it is a research misconduct. Conclusions: Academia should clarify the scope of research misconduct by referring to the Research Ethics Regulations of KODISA, and deal with research results that lack the value as creative works similar to those of research misconduct.