• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.133-162
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• 2019

Due to the nature of medical malpractice lawsuits, it is difficult for medical consumers, who are weak in getting information when it comes to health care problem, to secure all information inside the hospital. Even if you are confident about the hospital infection, it is true that people have difficult to obtain medical testimony by expert. It is seen as no easy task to testify to the malpractice of colleagues who work in the same field not only in our country but also abroad, when a doctor gives negative testimony to another doctor in a medical malpractice lawsuit. Although few health care providers will be motivated to take medical care from the outset, testimony or statements from a medical practitioner can have a significant impact on the outcome of a lawsuit, as it is impossible for the patient to control or be aware of the whole process of medical conduct, especially in the event of a hospital infection and the victim. If the hospital can prove the causality of damages caused by negligence of the employees or supervision of the hospital itself in a medical suit caused by the infection, the level of protection of the victim could be raised further. We sought to find a solution to these problems by looking at the provisions of other laws related to hospital infection. In particular, as the comparative legal review regarding hospital infection, Germany's legislative precedent sets a medical contract as a typical civil law contract, so it is thought that looking at German civil law regulations also has implications for Korean law. We also tried to improve the French Special Act 'rights of patients' and we can look at the consequent changes in court cases. Finally, the content of the U.S. case's and the theory of 'the doctrine of res ipsa loquitur' in relation to it show that doctors and hospitals have been forced to shift the burden of proof through this theory. This paper tried to find out the implications of mitigating the burden of proof by reviewing various issues that might be related to medical litigation of hospital infection from a comparative point of view.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.3-28
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• 2016

While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

• Journal of the Korea Convergence Society
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• v.9 no.4
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• pp.381-386
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• 2018

This study aims to provide a scientific proof of the effects of horseback riding sports by analyzing changes in metabolic variation of horseback riding and running before and after 10km running. Paired t-test and independent t-test were conducted to process the data. The results show that among lipid source glucose significantly increases for horseback riding group $97.78{\pm}14.55mg/dl$ to $123.21{\pm}33.88mg/dl$, (p<.05). TC horseback riding group $188.71{\pm}35.25mg/dl$ to $199.35{\pm}32.79mg/dl$(p<.01), LDL-C also significant increases in riding group $113.42{\pm}33.39mg/dl$ to $121.42{\pm}32.52mg/dl$(p<.01). HDL-C also shows significant increase; in riding group $53.42{\pm}14.36mg/dl$ to $56.64{\pm}15.24mg/dl$(p<.01). show that among lipid variation glucose significantly change in horseback riding group, TC horseback riding group, LDL-C also change in riding group.

• Journal of Environmental Policy
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• v.12 no.1
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• pp.75-100
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• 2013

Health damages such as pneumoconiosis and kidney damage, caused by environmental hazardous factors are being reported in health impact assessment conducted on environmentally vulnerable areas, including cement factories and refineries. Current legal system for relieving the environmental victims is not effective enough because the environmental health act does not specify the environmental hazardous factors to be considered for the relief. The aim of this study is to examine the problems of the existing system by making empirical analysis on health damages and afflicted people as well as on cases when afflicted people were able to be covered by remedy system. The results show that, insufficiencies of the relief system are due to the following reasons: First, current Environmental Health Act does not act well as a remedy system. Second, due to its unique nature of environmental health damage, it is hard to identify and prove the cause of health damage and unlawful actions of violators in the process of environmental dispute conciliation and lawsuits against polluters. This paper suggests following solutions on above mentioned problems. First, in defining the range and definition of environmental diseases, negative system should be used alongside with the current positive system. Second, we suggest adding the nature of public law to relief system, in order to ease the legal burden of proof. Third, in case when it is hard to identify the polluters and one cannot expect reliefs for their damage, it is possible to elevate the effectiveness of the relief measure by expanding scope of the search for possible environmental hazardous factors that caused the health damage. It is urgent to improve the relief system so as to secure the environmental rights of Koreans.

• Communications of Mathematical Education
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• v.29 no.3
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• pp.465-489
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• 2015

The purpose of this study is to suggest implications for the development and revision of future teaching materials for mathematically gifted students by using network text analysis of secondary mathematics materials. Subjects of the analysis were learning goals of 110 teaching materials in a gifted education center in science attached to a university from 2002 to 2014. In analysing the frequency of the texts that appeared in the learning goals, key words were selected. A co-occurrence matrix of the key words was established, and a basic information of network, centrality, centralization, component, and k-core were deducted. For the analysis, KrKwic, KrTitle, and NetMiner4.0 programs were used, respectively. The results of this study were as follows. First, there was a pivot of the network formed with core hubs including 'diversity', 'understanding' 'concept' 'method', 'application', 'connection' 'problem solving', 'basic', 'real life', and 'thinking ability' in the whole network from 2002 to 2014. In addition, knowledge aspects were well reflected in teaching materials based on the centralization analysis. Second, network text analysis based on the three periods of the Mater Plan for the promotion of gifted education was conducted. As a result, a network was built up with 'understanding', and there were strong ties among 'question', 'answer', and 'problem solving' regardless of the periods. On the contrary, the centrality analysis showed that 'communication', 'discovery', and 'proof' only appeared in the first, second, and third period of Master Plan, respectively. Therefore, the results of this study suggest that affective aspects and activities with high cognitive process should be accompanied, and learning goals' mannerism and ahistoricism be prevented in developing and revising teaching materials.

• Journal of Elementary Mathematics Education in Korea
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• v.14 no.2
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• pp.401-420
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• 2010

The purpose of this research is to find out effectiveness of geometry learning through spatial reasoning activities on mathematical problem solving ability and mathematical attitude. In order to proof this research problem, the controlled experiment was done on two groups of 6th graders in N elementary school; one group went through the geometry learning style through spatial reasoning activities, and the other group went through the general geometry learning style. As a result, the experimental group and the comparing group on mathematical problem solving ability have statistically meaningful difference. However, the experimental group and the comparing group have not statistically meaningful difference on mathematical attitude. But the mathematical attitude in the experimental group has improved clearly after all the process of experiment. With these results we came up with this conclusion. First, the geometry learning through spatial reasoning activities enhances the ability of analyzing, spatial sensibility and logical ability, which is effective in increasing the mathematical problem solving ability. Second, the geometry learning through spatial reasoning activities enhances confidence in problem solving and an interest in mathematics, which has a positive influence on the mathematical attitude.

• Journal of KIISE:Software and Applications
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• v.26 no.12
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• pp.1445-1454
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• 1999

광역 조건식의 계산은 분산 프로그램의 수행을 테스트 또는 디버깅하기 위한 방법으로 활 발히 연구되고 있다. 이제까지 주로 연구된 광역조건식은 AND 또는 OR 광역 조건식 등이 있는데, 특히 AND 광역 조건식은 분산 프로그램의 동시적 조건을 표현하는데 유용하여 효율적인 검색 알고리즘이 활발히 연구되었다. 분산프로그램의 수행오류로서 공유자원의 배타적 접근조건은 가장 중요하고 일반적인 경우라 할 수 있다. 본 논문에서는 XOR 연산을 이용하여 공유자원 프로그램의 오류 검색을 위한 광역조건식을 기술하는 방식에 대해 제안하였다. XOR 연산을 이용한 광역 조건식은 연산자 중 많아야 하나의 지역조건식만이 참일 때 전체 조건식이 참이 되는데 이러한 성질은 여러 프로세스 중 한번에 하나만이 공유자원에 배타적으로 접근할 수 있는 조건을 표현하는데 매우 유용하다. n 개의 프로세스로 이루어진 분산프로그램에서 한개의 공유자원에 대한 배타적 접근 조건을 기술하기 위해서 AND로 연결된 광역조건식을 이용하면 O(n2)개의 광역 조건식이 필요한데 반해 XOR 연산으로는 하나의 조건식으로 나타낼 수 있다. 더구나 XOR 연산을 이용한 광역조건식은 최근 소개된 겹치는 구간의 개념을 활용하면 매우 간단하게 검색할 수 있다. 본 논문에서는 겹치는 구간을 찾는 검색 알고리즘을 소개하고 증명하였다.Abstract Detecting global predicates is an useful tool for debugging and testing a distributed program. Past research has considered several restricted forms of predicates, including conjunctive or disjunctive form of predicates. Especially, conjunctive predicates have attracted main attention not only because they are useful to describe simultaneous conditions in a distributed program, but also because it is possible to find algorithms to evaluate them within reasonable time bound. Detecting errors in accessing shared resources are the most popular and important constraints of distributed programs. In this paper, we introduced an exclusive OR predicates as a model of global predicates to describe shared resource conditions in distributed programs. An exclusive OR predicate holds only when at most one operand is true, which is useful to describe mutual exclusion conditions of distributed programs where only one process should be allowed to access the shared resource at a time. One exclusive OR predicate is enough to describe mutual exclusion condition of n processes with one shared resource, while it takes O(n2) conjunctive predicates. Moreover, exclusive OR condition is easily detectable using the concept of overlapping intervals introduced by Venkatesan and Dathan. An off-line algorithm for evaluating exclusive OR global predicates is presented with a correctness proof.

• The Journal of Internal Korean Medicine
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• v.22 no.4
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• pp.691-702
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• 2001

Objectives : This study was done to assess the effects of the clinical interchange between the Western Medicine and the Oriental Medicine for ischemic stroke patients. The patient outcomes include changes in neurologic function by modified NIH stoke scale, stroke pattern identification scale, and patient satisfaction, Methods : For the assessment of effects, this study was performed with 178 inpatients who had undergone the stroke care at three hospitals (W Hospital adopted western therapy, S Oriental Hospital adopted Sasang constitution medicine therapy, and H Oriental Hospital adopted mixed therapy according to a joint protocol on Western Oriental medical care) from November 1997 to December 1998. Patients were interviewed or written with self-entered questionnaire forms, and clinical data were obtained, Physicians or oriental doctors wrote clinical questionnaire forms according to the care process. Results : The patient outcomes within three hospitals at 2 stages (at admission and discharge in the modified NIH stroke scale. at admission and second weeks during admission in the stroke pattern identification scale) were found to be decreased, Especially in the results of hierarchical multiple regression analysis, the degree of improvement of modified NIH stroke scale of the stroke patients at W Hospital was significant large than it at S Oriental Hospital. Also, the degree of improvement of stroke pattern identification scale at W Hospital was significantly large than it at other two hospitals. However, the patient's satisfaction score at three hospitals wasn't significantly different. Conclusions : The result of this study suggested that the joint clinical research of Western & Oriental medical practitioners was possible even if there was a conflict between Western Medicine and Oriental Medicine. Therefore Western & Oriental medical practitioners share a mutual responsibility to apply evidence-based practice, to seek scientific empirical proof through randomized clinical trials between the multicenter.

• Journal of the Korean Society of Environmental Restoration Technology
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• v.9 no.2
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• pp.59-71
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• 2006

Due to the rapid process of industrialization the cities of Korea confront changes of climate, destructions of the habitate and decrease of the green. Recently Seoul and other local governments have implemented policies and projects to improve the environmental surroundings. In reality, however, those policies and projects face difficulties in the course of implementation. The fact that there are no concrete regulations and specific legal procedures turns out to be one of the main difficulties. The aim of this study is to present specific plans and methods of wall-planting and to provide basic guidelines for the future direction of wall-planting and offer ideas of facilitating wall-planting. This study is based on questionnaires from specialists of landscape architecture through individual interviews and/or e-mails. The questionnaire is consisted of following 4 sections. 1. Show the experts current regulations and/or legal procedures and ask them improvements and suggestions. 2. Ask them choose matters of the highest priority by using Ricardo's diagram method. 3. Ask them to make a graded list in terms of the location and method of wall-planting. 4. Study the maketability of the wall-planting products currently in circulation. The city of Seoul and the Ministry of Environment recommend that trellis and/or planting inducement structures be installed on the building wall by regulation. The specialists responded to the questionnaire advocate that green wall without trellis should be allowed as green zone. Therefore regulations concerning the wall-planting should be determined specifically according to the characteristics of individual plants and walls. It has been urged that legal aid and social support must be reinforced to establish rules dealing with wall-planting. The respondents also point out that significant cutting down of the tax is far more effective in accelerating the wall-green instead of administrative support. The highest priority in terms of planting has been given to sound-proof wall, retaining wall and building wall. Concerning the maketability of the wall-planting products, panel products are recommended for early-planting and building planting. It has been suggested that the research and study of new materials and species be done in advance.

• Korean Journal of Human Ecology
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• v.10 no.2
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• pp.189-203
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• 2001

The pulpous of this study is to investigated the kind and feature of the knots used in four categories, "living, clothing, ceremony, and decoration", after analysing and examining 42 knot remains of the folklore museum of On yang. The method were by old books and various kind's related books, history of knots and kind of knots investigated and analyze relics were actual proof investigation of real things and supplementary materials were photos, drawings, and museum's explanation used. The results are as is following ; First, a knot is twisted by two threads, formed in the process of twisting, become in equal shape, and made in symmetry. Second, In knot's names, there are sangkang, karakge, ankyongchip, jamjary, kukhwa, bol, byongary, memi, kkondiki, kong, yonbong which are easily seen in nature. Third, a knot was used in as living things in the era of the three Kingdoms, as a decoration such as Buddhism goods in Koryo. In the era of Cho sun, Because of the development of knot's kind and the variety of service, it was the target of restriction as a luxury. Fourth, as a result of investigating museum's relics, a knot was smaller than the chief object because that is a decoration. Fifth, there are 8 kinds for living and clothing which are simple knots "doramaetup, karakgemaetup, and sangtchokmaetup". Sixth, the complex knots such as kukhwamaetup, byongarymaetup, and 3bolkamkae emaetup are used on pangchang, chokja, nambawi, and chobawi. Seventh, there are 10 kinds for ceremony, the simple knots are twisted and the complex knots such as kukhwamaetp, maehwamaetup, nabimaetup, and sasaekgupoki are used. Eighth, there are 14 kinds for decoration, the simple knots such as doraemaetup, kakagemaetup, santchokmaetup, and ankyongchipmaetup and the applied knots such as kukhwamaetup, byongarymaemaetup, changkumaetup, nabimaetup, and seokssima etup are used. There are 42 knot remains in the folklore museum of On yang. Of them, there are 33 kinds in the present, 17 used. that is because only several knots have been used. Finally, to forget the knot's way, we will set up a plan to keep with it.