• The Korean Society of Law and Medicine
• /
• v.8 no.2
• /
• pp.195-204
• /
• 2007

It is a general principle that the plaintiff takes burden of proof about negligence and causation in a civil compensation litigation. And it is the same in a medical malpractice lawsuit. Korean courts have made diverse efforts to mitigate the plaintiff's duty to prove in medical malpractice lawsuits under the name of justice and impartiality. One of those theoretical attempt is 'presumption of causation'. The Supreme Court, since 1995, has developed a new logic for the theory of 'presumption of causation' which is characterized by a phrase "layman's common sense". The Court presumes the defendant's negligence and causation when the plaintiff alleges and proves the facts which can be pointed out and expressed by a layman with common sense. And if the defendant fails to prove that the result was caused by other fact than own medical activities, the defendant shall be defeated. I realize that this theory has problem for justice and impartiality. I would say that two fators should be considered and added to this logic. First,are defendant's acts generally belonging to gross negligence which would cause that kind of bad result? Second, is it recognized that there would be the causation generally and statistically between the cause and the result?

• The Korean Society of Law and Medicine
• /
• v.12 no.2
• /
• pp.65-117
• /
• 2011

This article analyzes the case (2008Da16776) which has the issue how patients have to prove causal relationship when patients claim against pharmaceutical companies alleging that patients were infected with virus due to contaminated blood products. The Supreme court held that: (1) if patients prove that they didn't have symptoms suggesting virus infection before administration of blood products, the virus infection had been confirmed after administration of blood products, and there were significant potential of contamination of the blood products with the virus, the defect in blood products or the negligence of pharmaceutical company in making blood products shall be presumed to cause the infection of the victim. (2) The pharmaceutical companies could reverse the presumption by proving the blood products were not contaminated, but the fact that the victims were treated with the blood products manufactured by other companies or had received blood transfusions is not enough to reverse the presumption. The case is the first decision whether the burden of proof about causal relationship could be reduced in pharmaceutical product liability lawsuit. Hereafter pharmaceutical product liability cases, it would be necessary to reduce the burden of proof about causal relationship in order to make substantive equality between patients and pharmaceutical companies.

• The Korean Society of Law and Medicine
• /
• v.7 no.2
• /
• pp.179-218
• /
• 2006

To succeed the claim of medical negligence, the plaintiff should establish the medical profession's fault, and the causation between the fault and damages. The faults are judged on lege artis, which is based on expert witness. However, judges often infer the faults and causations from circumstantial evidences and patients' injuries. This presumptions depend on the law of nature(Erfahrungsgesetz). The law of nature can explain the typical development of the event. If the circumstantial evidences were in accordance with that, the faults and causations would be able to be recognized by the judges. Therefore the standards of comparison such as lege artis or the law of nature play an important role for medical negligence liabilities to be imputed to doctors or hospitals. The factual elements necessary to assume the fault is similar to those of the causation, for the concept of the fault is correlated with that of the causation. The elements include the temporal and spatial proximity between damages and defendant's medical treatments, no existence of other causations, the probability of bed results developed by the medical treatments, and so on. These enable the fault and causation to be assumed at the same times.

• Korean Institute of Interior Design Journal
• /
• v.25 no.6
• /
• pp.116-126
• /
• 2016

In modern society which changes from quantity-seeking society to value-seeking one, people's various lifestyles have great effect on consumption patterns and work as an important factor in choosing hotels. The fact that design hotels, which provide unique experiences with differentiated and sensitive designs by reflecting various lifestyles, recently attract attention can be understood in the same context. As a matter of fact, design hotels recently serve as destinations as they become cultural and artistic icons which reflect customer lifestyles. Especially, the designs of lobby spaces in hotels play deciding role in customers' choices while representing the nature of hotels. In this respect, under the premise that the kinds of accumulated experiences are different depending on lifestyles and preferences for specific interior spaces are influenced by association mechanism formed by experiences, this study analyzed lobby spaces of design hotels which focus on specific lifestyles from the perspective of association mechanism based on experiences. As the method of analysis, this study classified the types of lifestyles and conducted case analysis to investigate what association mechanism works to enhance the preference of design hotels by types. Study classified lifestyles into experiential activity type, social meeting type, fashion-pursuing type and hideout-preferring type and analyzed cases of lobby designs in design hotels. The results of this case analysis are as follows; First, experiential activity type mainly utilized quasi-association and approach association through senses and social meeting type utilized quasi-association and memory association through emotions while fashion-pursuing type utilized quasi-association and presumption association through intuition and hideout-preferring type utilized quasi-association and approach association through thoughts. Second, it was found that most lobby designs are characterized by association mechanism in visual formative nature and that in temporal spatial nature working in complex way, and, through such process of association expansion, space stories are created. Stories of spaces created this way become unique identities of design hotels that provide new experiences for customers.

• Transactions of the Korean Society of Mechanical Engineers A
• /
• v.24 no.4 s.175
• /
• pp.1001-1006
• /
• 2000

To verify the existing theory, non-propagating crack(NPC) does not exist in Ti which fulfills the good conditions for being of NPC, NPC detection in Ti was tried out. Also, the conception of fatigue limit in Ti and a main cause for NPC being were inquired. NPC was detected in both sharp notch root ( $\rho$=0.02mm) and micro pit (diameter = 0.25mm) which held fast to the end under stressing of fatigue limit. Therefore, the existing theory was identified as mistake. But, NPC can not be detected in smooth specimen. This fact would be due to the presumption that NPC is very small or crack does not initiate in smooth specimen. Anyway, the fatigue limit of Ti does not correspond to critical stress of crack initiation but correspond to critical stress of NPC growth. Measurement on the COD of NPC in Ti showed that the crack tip was closed even under the peak stress level at fatigue limit. But, after stress relieving annealing crack tip was opened. Consequently, compressive residual stress which is induced around the crack tip is considered to be the factor causing the NPC being.

• The Korean Society of Law and Medicine
• /
• v.16 no.2
• /
• pp.159-193
• /
• 2015

Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

• Journal of the Korean Society of Industry Convergence
• /
• v.11 no.1
• /
• pp.11-18
• /
• 2008

After execute quantitative analysis that choose station and compose floodgate quality of water net and use floodgate data and quality of water data analysis target Sign of the cock as 1 dimension access for Non-point pollution source pollution and estimate of Gaeuncheon's at Kyongsangbukdo report to the Throne in this research, presented parameter conclusion notation model (AGNPS) in real condition of our agricultural area through comparison with spot value and result is as following in reply. With result observation and analysis result of the AGNPS model the comparison which it will pay from the hazard which it analyzes 2005, the rainfall thought which is used in the analysis to select 8 heavy rain thoughts 2005 July - is data until of September. Actual amount of rainfall 6.0~195.0 mm one time the antecedent precipitation showed API5 case 0.0~507.0mm and were observed peak flows (Qpeak) each from the P-1 $0.026m^3/sec{\sim}9.265m^3/sec$, from the P-2 $0.010m^3/sec-2.747m^3/sec$ and from the P-3c $0.064m^3/sec-13.482m^3/sec$ to show. Also amendment AMC condition it will be cool and it uses and the AGNPS model conference the result which it occurs, analysis and regression analysis of actual flow for as 0.992 very the possibility of getting the result which is good there was a decisive coefficient which is cool. But the gun is (T-P) with the total nitrogen (T-N) decisive coefficient each as 0.794 and 0.849 the presumption which is reliability generally will pay and with the fact that it will be the possibility of getting it is judged.

• Proceedings of the Korea Water Resources Association Conference
• /
• 2006.05a
• /
• pp.1182-1186
• /
• 2006

The decision of design flood in river basins is very important in the aspect of flood control. The design flood of rivers was estimated according to the size and importance of basins. As the damage of floods increases more and more and the importance of defense against floods increases further, the presumption of design flood can be very important. Especially, what influences most greatly flood is rainfall. However, in spite of equal rainfall, the estimated flood differ according to the features of basins. The fact that the features of basins influence greatly the estimation of flood was confirmed by the preceding research results and experiences. However, although many rivers have their own basin features, the research on how these basin features are related to the estimation of design flood, is not yet sufficient. The purpose of this study is to identify how the design flood estimated previously by river arrangement basic plan is correlated with topography factors, and so investigate the correlation between basin topography factors and design flood in order to provide the additional information for the unmeasured basins or the middle/small river basins where their river plan is not established.

• Journal of Korean Society of Transportation
• /
• v.20 no.3
• /
• pp.115-128
• /
• 2002

Dislike the tangent sections, the horizontal curve sections of roads should be designed, considering several factors : one of such factors is widening. In other words, since widening results from that when a vehicle runs on the horizontal curve sections, the rear wheels of the vehicle run not along with tracks of the front wheels but out of that, such offtracking should be exactly investigated and reflected in design of the curve sections. Especially in the case of industrial roads which semi-trailers and large trucks run frequently or arterial roads with small curve radiuses in mountainous regions. serious offtracking Phenomenons result in increasing the risk of accidents. decreasing the capacities and jeopardizing pedestrians' safety on the curve sections. For the offtracking, widening amounts of roads has been determined under the traditional presumption that vehicles run at a low speed and there is no superelevation. In fact, however, since the vehicles run at a high speed as well as at a low speed and the superelevation is installed on the horizontal curve sections in the structural aspect of roads, the existing standards for installing widening have a limitation to reflect exactly actual Phenomenons. In particular, for articulated wheel axles of a tractor and a trailer and long articulated vehicles, not only the offtracking degree is very high but also the interpretation shows different aspects from one of single axles. Comparing and reviewing the results of Korean and foreign studies related to the trailer offtracking model theory and the standards for installing widening, this study developed a realistic dynamic offtracking model which considers geometric structures of roads and speeds of vehicles, suggested how to measure widening with this model and examined applicability of the model. The findings of this study are as follows ; First. a dynamic offtracking model. which considers dynamic movements of a tractor and a trailer and the superelevation, was developed. Second, a new method to measure widening with the developed dynamic offtracking model was developed and a method to measure widening with swept path width was suggested as well. Finally, validity of the current standards for installing widening was examined by determining actual offtracking and widening amounts with the developed model and the applicability was investigated through the case studies. Compared with the existing offtracking models, the dynamic offtracking model developed in this study can reflect practically vehicle speed. dimension and geometric structural aspects of roads. In conclusion, the meaning of this study is that it reviews validity of the current standards for installing widening and provides a base to establish such standards by suggesting new methods to measure the widening with this dynamic offtracking model.