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Exemption from Civil Liability in the Good Samaritan Law ('선한 사마리아인 법'에 따른 민사책임의 감경 - 응금의료에 관한 법률 제5조의2을 중심으로 -)

  • Kim, Cheonsoo
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.31-60
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    • 2014
  • In this paper the good Samaritan civil liability is argued. In many cases some damage could be caused by an emergency medical service. In such situations the degree of duty of care taken by the service provider would be alleviated depending upon the degree of emergency. Then the service provided by anyone not carrying any duty to do so could be generally ruled by the 'Korean Civil Act' Article 735. This article is related to the management of affairs in urgency. The application of this article means the mitigation of civil liability of the service provider. If the service provider not carrying any duty to provide it "has managed the affairs" of the service "in order to protect the" victim "against an imminent danger to the latter's life", the provider "shall not be liable for any damages caused thereby, unless he acted intentionally or with gross negligence". Korea has another rule applied in such a situation, that is the Korean 'Emergency Medical Service Act' Article 5-2. This article is established for the exemption from responsibility for well-intentioned emergency medical service. It could be referred to as the Good Samaritan law. It provides: "In cases where no intention or gross negligence is committed on the property damage and death or injury caused by giving any emergency medical service or first-aid treatment falling under any of the following subparagraphs to an emergency patient whose life is in jeopardy, the relevant actor shall not take the civil liability ${\cdots}$" In this paper the two articles is compared in the viewpoints of the requirements for and effects of the application of them respectively. The 'Korean Civil Act' Article 735 is relatively general rule against the the Korean 'Emergency Medical Service Act' Article 5-2 in the same circumstance. Therefore the former could be resorted to only if any situation could not satisfy the requisites for the application of the latter. In this paper it has suggested that the former article be more specific for the accuracy of making decision to apply it; and that the latter be revise in some requirements including the victim, the service provider, and the service.

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A Study on urinary Incontinence of Adult Women : Preliminary Study (성인여성의 요실금에 관한 기초 연구)

  • 최영희;홍재엽;김문실;김애정;김정아;백성희
    • Journal of Korean Academy of Nursing
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    • v.28 no.1
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    • pp.171-183
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    • 1998
  • The purpose of this study was to identify the incidence of urinary incontinence in adult women and to identify factors related to life style and sexual intercourse that were related to incontinence. The sample consisted of 1,065 women living in Seoul or one of five provinces. Data for this study were collected from January 16 to June 23 using structured questionnaires. The Urinary Symptom Questionnaire developed by Jackson and a demographic questionnaire were used to collect the data. The data were analyzed using frequency, percentage with an SPSS/PC$^{+}$ program. The major finding are as follows : 1. The distribution of age of subjects was as follows : 20-29(10.1%), 20-39(17.8%), 40-49(27.3%). 50-59(22.3%), 60-69(12.9%), 70-79(6.1%). 80-89(2.8%), more than 90(0.6%). The frequency of normal delivery, 0(155%), 1-2(36.0%), 3-4(29.2%), 5-6(13.0%). more than 7(6.3%). The rate of subjects with menopause was 40.8%. 2. It was reported that 50.7% of the subjects experienced urinary incontinence with stress, mixed. and urgency incontinence being 49.8%, 43.4%, 6.8% respectively. 3. The lower urinary symptoms and incidence with urinary incontinence were as follows : Daily frequency. 22.3%, nocturia. 40.8%, urgency, 71.2%, bladder pain 47.8%, unexplainned incontinence, 32.4%, noctural incontinence, 16.1%, and frequency of incontinence, 37.7%. In term of quantity of incontinence, drop/pants damp, 29.5%, dribble/pants wet, 20.5%, flood or soaking through to outer clothing, 1.7%, and flood or running down legs or onto floor, 0.2%. 4. The symptoms related to sexual intercourse and incidence of urinary incontinence were as follows : dry vagina, 39.1%, sex life trouble, 10.8%, pain during sexual intercourse, 27.4%, and urine leakage during sexual intercourse. 8.8%. 5. Life style problems related to urinary incontinence were as follows : fluid intake restriction, 20.0%, affected daily task, 24.5%. avoidance of placess and situations, 35.0%, interference in physical activities, 30.6%, interference in relationships with other people. 19.0%. interference in relationships with husband/companion, 8.1%, and time after attack of urinary symptoms, 76.9%. In term of the feeling about the rest of their lifves the women reported : perfectly happy, 11.3%. pleased, 16.9%. mostly satisfied, 20.2%, mixed feelings, 21.0%, mostly dissatisfied, 21.0%, very unhappy 8.5%, and desperate. 1.0%. In conclusion. this study was a preliminary study to provide nursing practices guidelines for incontinence in adult women. Nurse working with adult women should develop and provide adequate care for these women.n.

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A Study on the Perception and Improvement Plans of Performance Based Pay System of Elementary School Teachers and Elementary School Health Teachers (교원 성과급 제도에 대한 초등교사와 초등보건교사의 인식과 개선방안)

  • Yeo, Soon-Young;Kim, Yun-Shin;Kim, Hyeon-Suk
    • Journal of the Korean Society of School Health
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    • v.24 no.2
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    • pp.141-154
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    • 2011
  • Purpose: The purpose is to provide basic information for establishing improvements on performance-based pay's evaluation method of health teachers. Methods: For subjects, 200 teachers at public elementary schools and 200 health teachers at public elementary schools in Gyeonggi-do were conveniently sampled, and then surveyed through a questionnaire. The questionnaire was to recognize recognition of teachers working under the teacher's performance-based pay system, which was quoted in the questionnaire of Choi ji-hye (2005) and Lee mi-gyeong (2008). Inquiry for the recognition of teachers on evaluation of health teacher's performance-based pay system and improvements on the performance-based pay's evaluation method of health teachers were used after consultation with five incumbent health teachers and a review with the thesis director. Results: The performance-based pay's evaluation method of health teachers has the same method with general teachers in schools, so it is not fair to evaluate the performance of health teachers. The ways to improve the performance-based pay evaluation method of health teachers is as follows: first, the approval on improving 'the number of class hours' which is a detailed item of a teacher's performance evaluation criterion to 'the number of health lesson hours per week and the number of students visiting the school infirmary per week'; second, improving 'life guidance' into 'counseling results of medically-treated students, parents of students and personal hygiene guidance'; third, improving 'a teacher in charge' into 'awarding of points by being recognized as a health teacher in charge of all students and considering the economic situation of the region,; forth, improving 'difficulty of position' into 'the number of health-teacher's annual promotion task items and the treatment number of issuing and receiving of official documents', and improving the 'task difficulty' into 'importance and urgency of emergency patient management, risk level and urgency of infectious diseases and avoiding work in charge' appeared to be more than 90% respectively. Conclusion: The performance-based pay system of teachers being carried out every year should be executed by preparing fair evaluation criteria suitable for task properties and the role of health teachers with different evaluation criteria compared to general teachers.

Setting Priority Criteria for Classification of Self-Testing In Vitro Diagnostic Medical Devices Using Analytic Hierarchy Process Technique (Analytic Hierarchy Process 기법을 활용한 개인용 체외진단의료기기 분류기준에 대한 우선순위 연구)

  • Seol-Ihn Kim;Do-Yun Pyeon;Yong-Ik Jeong;Jahyun Cho;Gaya Noh;Green Bae;Hye-Young Kwon
    • Health Policy and Management
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    • v.33 no.2
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    • pp.173-184
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    • 2023
  • Background: The coronavirus disease 2019 pandemic has been challenging the healthcare service, i.e., the vitalization of the point of care accompanying self-testing in vitro diagnostic medical devices (IVDs). This study aims to suggest priority criteria to classify self-testing IVDs using the analytic hierarchy process technique. Methods: Two dimensions of the characteristics embedded in the IVDs and the diseases to be diagnosed with self-testing IVDs were parallelly considered and independently investigated. In addition, three expert panels consisting of laboratory medical doctors (n=11), clinicians (n=10), and citizens (n=11) who have an interest in the selection of self-testing IVDs were asked to answer to questionnaires. Priorities were derived and compared among each expert panel. Results: First of all, ease of specimen collection (0.241), urgency of the situation (0.224), and simplicity of device operation (0.214) were found to be the most important criteria in light of the functional characteristics of self-testing IVDs. Medical doctors valued the ease of specimen collection, but the citizen's panel valued self-management of the disease more. Second, considering the characteristics of the diseases, the priority criteria were shown in the order of prevalence of diseases (0.421), fatality of disease (0.378), and disease with stigma (0.201). Third, medical doctors responded that self-testing IVDs were more than twice as suitable for non-communicable diseases as compared to communicable diseases (0.688 vs. 0.312), but the citizen's group responded that self-testing IVDs were slightly more suitable for infectious diseases (0.511 vs. 0.489). Conclusion: Our findings suggested that self-testing IVDs could be primarily classified as the items for diagnosis of non-communicable diseases for the purpose of self-management with easy specimen collection and simple operation of devices, taking into account the urgency of the situation as well as prevalence and fatality of the disease.

An Innovative Fast Relay Coordination Method to Bypass the Time Consumption of Optimization Algorithms in Relay Protection Coordination

  • Kheshti, Mostafa;Kang, Xiaoning;Jiao, Zaibin
    • Journal of Electrical Engineering and Technology
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    • v.12 no.2
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    • pp.612-620
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    • 2017
  • Relay coordination in power system is a complex problem and so far, meta-heuristic algorithms and other methods as an alternative approach may not properly deal with large scale relay coordination due to their huge time consuming computation. In some cases the relay coordination could be unachievable. As the urgency for a proper approach is essential, in this paper an innovative and simple relay coordination method is introduced that is able to be applied on optimization algorithms for relay protection coordination. The objective function equation of operating time of relays are divided into two separate functions with less constraints. As the analytical results show here, this equivalent method has a remarkable speed with high accuracy to coordinate directional relays. Two distribution systems including directional overcurrent relays are studied in DigSILENT software and the collected data are examined in MATLAB. The relay settings of this method are compared with particle swarm optimization and genetic algorithm. The analytical results show the correctness of this mathematical and practical approach. This fast coordination method has a proper velocity of convergence with low iteration that can be used in large scale systems in practice and also to provide a feasible solution for protection coordination in smart grids as online or offline protection coordination.

An Application of a Jackson Network for Waiting Time Reduction at the Emergency Care Center (잭슨 네트워크를 이용한 응급실의 대기 시간 단축 연구)

  • Kim, Su-Mi;Seo, Hee-Yeon;Lee, Jun-Ho;Kwon, Yong-Kap;Kim, Seong-Moon;Park, In-Cheol;Kim, Seung-Ho;Lee, Young-Hoon
    • Korean Management Science Review
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    • v.27 no.1
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    • pp.17-31
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    • 2010
  • Patients entering an emergency care center in a hospital usually visit medical processes in different orders depending on the urgency level and the medical treatments required. We formulate the patient flows among diverse processes in an emergency care center using the Jackson network, which is one of the queueing networks, in order to evaluate the system performances such as the expected queue length and the expected waiting time. We present a case study based on actual data collected from an emergency care center in a hospital, in order to prove the validity of applying the Jackson network model in practice. After assessing the current system performances, we provide operational strategies to reduce waiting at the bottleneck processes and evaluate the impact of those strategies on the entire system.

Priority-setting in Expanding the Basic Benefit Package in Korean Health Insurance Scheme (건강보험 기본급여의 우선순위)

  • 정형선;김주경;이규식;신의철
    • Health Policy and Management
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    • v.14 no.2
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    • pp.34-57
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    • 2004
  • Universal health insurance normally requires a basic benefit package, whose design intersects with almost all other aspects of the health insurance debate. Despite its central importance, basic benefit package has not received the analysis it deserves in Korea. The issue of how to decide which health services should be delivered and to whom has been a matter for consistent policy debate. Many industrialized countries observed in this study have been dealing explicitly or implicitly with the basic benefit package. The methods vary from having a specific positive list of services (Bismarkian countries) to the use of guidelines (Beveridgian countries). The purpose of this paper is to form the underlying principles and process for determining what is included or left out by getting accurate and representative responses from health-related personnel. Mail survey is used. Economic burden for treatment, seriousness of disease and urgency of treatment are ranked at the first three priorities. Services that had been suspended because of financial crisis in health insurance scheme in 2001 were selected as items which should firstly be expanded into coverage. Diagnostic test against heart disease and vaccination were also selected as items which should additionally belong to the list of covered services.

The Moderating Effect of Media Synchronicity in the Communication Media Use and Knowledge Creation

  • Ryoo, Sung-Yul;Koo, Chul-Mo
    • Asia pacific journal of information systems
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    • v.20 no.2
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    • pp.103-124
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    • 2010
  • Social communications using information and communication technologies (ICT) for social interactions have been making a significant impact on task performance in organizations. However, most of the existing studies on ICT (e.g., telephone and email) have only focused on technical improvement of communication efficiencies (e.g., information exchange and storage). In this paper, we claim that ICT may be another alternative source of knowledge creation that enables employees to work, find solutions, and achieve their goals faster and better. We investigate the impact of ICT in terms of both tasks and social aspects with knowledge creation as task performance. Also, we investigate the moderating effect of media synchronicity on these relationships. This study contributes to the understanding of contemporary communications media usage and its performance in organizations. We collected and analyzed survey data of 248 company employees, using PLS. The results indicate that task urgency and social influence directly affect ICT usage, and even knowledge creation. Also the media synchronicity moderates the relationship between the characteristics of a given task and ICT usage and the relationship between ICT usage and knowledge creation. Theoretical and practical implications of these findings are also discussed in the paper.

A Study on Securing of Air Cargo Supply Chain by Adapting One-Stop Security - Focusing on ICAO SARPs and EU Case - (원스톱 보안(One-Stop Security) 도입을 통한 항공화물 공급망 보안체계 강화 연구 - ICAO 국제기준 및 EU 사례를 중심으로 -)

  • Park, Man-Hui;Lee, Seung-Yeol;Heo, Beak-Yong;Hwang, Ho-Won
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.28 no.3
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    • pp.18-26
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    • 2020
  • Cost reduction and equality by exempting re-scanning of passengers, baggage and cargo secured from the first airport of departure, mainly in the European Union/European Economic Area(EU/EEA), Switzerland, etc. One-Stop Security(OSS) is being promoted to maintain the level of security while increasing speed and convenience, and movement is expected to expand worldwide. Therefore, this paper establishes the basic concept of OSS through a literature review of ICAO Standards and Recommended Practices(SARPs), and analyzes the actual conditions of OSS implementation in major countries such as the United States and the EU. It is intended to present the political, economic benefits for Korea and highlight the urgency of implementing the OSS system in the aviation industry including the cargo sector. Therefore, the practical implications of strengthening international cooperation through the expansion of government and airport operators OSS implementation to overcome the resource shortage problem of the existing national air cargo security system and to strengthen the status as a global aviation powerhouse were drawn up. There is academic significance that it raised the need for effective implementation of OSS, which was not previously covered.

The lubrication Characteristics of a Rotary Compressor used for Refrigeration and Air-conditioning Systems Park II: Analysis of elastohydrodynamic lubrication on vane tip (냉동${\cdot}$공조용 로터리 콤프레서의 윤활 특성 제2보:베인 선단부의 탄성 유체 윤활 특성 해석)

  • Cho, Ihn-Sung;Oh, Seok-Hyung;Jung, Jae-Youn
    • Tribology and Lubricants
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    • v.13 no.1
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    • pp.62-69
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    • 1997
  • Rapid increase of refrigeration and air-conditioning systems 9r & a systems) in modern industries brings attention to the urgency of research & development as a core technology in the area. And it is required to the compatibility problem of r & a systems to alternative refrigerant for the protection of environment. The, it is requested to study the lubrication characteristics of refrigerant compressor which is the core technology in the r & a systems. The study of lubrication characteristics in the critical sliding component is essential for the design of refrigerant compressor. Therefore, theoretical investigation of the lubrication characteristics of rotary compressor for r & a systems is studied. The newton-Raphson method is used for the EHL analysis between vane and rolling piston in the rotary compressor. The results show that the rotational speed of a shaft and the discharge pressure influence significantly the friction force between vane and rolling piston. This results give important basic data for the further lubrication analysis and design of a rotary compressor.