• Vending industry
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• v.2 no.5 s.6
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• pp.56-62
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• 2002

담배자판기의 신규설치를 금지하고 기존 설치된 자판기마저 전면철거하도록 하는 보건복지부의 초강력 규제안이 마침내 철회가 되게 되었다. 보건복지부는 올 들어 확대되는 금연정책에 편승, 기존 흡연 구역 내 담배자판기 신규설치를 금지하고, 기존 설치된 제품들마저 전면철거하는 규제를 담은 국민건강증진법 시행령 개정안을 지난 4월 공고하며 그 입법추진을 진행한 바 있다. 이 공고안은 그간 국무총리실 산하 규제개혁위원회 분과위원회에 상정되어 1,2차 심의를 진행해 오다 지난 9월 27일 본회의를 통해 '보건복지부의 흡연구역 내 담배자판기 신규설치 금지 및 기존 자판기 철거는 명백히 영업활동 자유 및 재산권 침해에 해당된다.'는 이유로 이를 철회토록 하는 결정을 진행했다. 이 결정을 담은 국민건강증진법 개정안은 조만간 법제처 심사 및 차관회의 등을 거쳐 최종 확정 되게 된다. 이같은 규제개혁위원회의 결정은 협회를 중심으로 한 산업의 적극적인 대응이 있었기에 가능했다. 성인인증장치 도입을 통해 청소년 흡연문제를 완전, 해결하겠다는 산업계의 적극적인 자율대책에도 불구하고 아예 담배자판기를 뿌리 채 뽑겠다는 보건복지부의 행정만능주의적인 발상은 도저히 수용하지 못할 부당한 처사라는 데 관련업계가 인식을 같이 했다. 따라서 이를 반대하는 산업계 입장을 분명히 하며 분명히 하며 적극적인 저지 대응을 최근까지 진행해 왔다. 협회에서는 1차적으로 보건복지부 건강증진과에 담배자판기 전면철거에 대한 산업계 반대 입장을 피력하는 소견서 제출하고 적극적인 산업계의 반대의지를 피력하는 작업을 진행했다. 또한 청소년보호위원회를 통해 청소년 흡연감소를 위한 성인인증 담배자판기 설치 활용방안 건의하며 담배자판기의 긍정적인 활용측면을 집중 부각시키기도 했다. 재정경제부를 통해서는 담배사업법 관련 담배자판기 설치기준에 대한 질의를 통해 현행 관련법 내에서의 설치기준을 명확히 하기도 했다. 이같은 대응에 있어서의 핵심 설득 논리는 담배자판기가 이제는 성인인증장치 부착을 통해 청소년 및 사회적 위해 요인을 극소화 할 수 있다는 점에 있었다. 과거와는 달리 담배자판기가 오히려 청소년의 담배 구입루트 차단이라는 긍정적 역할을 할 수 있는 시점에 있어 이를 전면규제하기보다는 합법적인 설치 환경을 확보하여 사회적으로 떳떳하게 존재가치를 평가받을 수 있게 해달라는게 산업계의 초지일관의 주장이었던 것. 협회는 이같은 주장이 결코 산업계의 이기만이 아니라 세계적인 추세라는 점, 또 담배자판기를 전면철거까지 하면서 과당규제를 할 명분이 부족하다는 점을 반대논리로 적극 내세웠다. 규제개혁위원회가 이번 공공 이용시설 중 흡연구역으로 지정된 장소 내에 담배자판기는 설치 금지 및 철거규제에 철회권고를 내리게 된 것은 이러한 산업계의 주장을 적극 수용함에 힘입은 바 크다. 규제개혁위원회는 이번 결정의 주된 이유로 우선 기설치된 자판기에 대한 철거는 재산권 침해로 위헌 소지가 있음을 들고 있다. 또한 흡연자를 위한 흡연구역내에서마저 자판기 설치를 금지하는 등의 규제는 과도하며 흡연자의 권익보호 역시도 필요함을 인정하고 있다. 따라서 전면적인 규제보다는 청소년 이용통제 가능한 흡연구역에 한하여 담배자판기를 설치토록한 현행규정의 실질적 관리를 강화하며, 전체적으로 흡연구역을 축소 제한하는 방향으로 추진함이 바람직하다는 의견을 제시했다. 규제개혁위원회의 이번 결정으로 흡연구역 내 담배자판기의 설치는 현행법의 적용을 받게 되며, 산업계의 자율대책대로 성인인증 장치를 부착한 담배자판기의 설치 확대가 크게 촉발될 수 있을 것으로 기대된다. 담배자판기가 적극적이고 능동적인 사회적 역할을 할 수 있을 때 자연 이를 반대할 수 있는 명분도 약해질 수 밖에 없다. 산업계는 보다 신뢰성 있게 청소년 이용을 차단할 수 있는 담배자판기 관련 기술 수준을 향상시켜야 할 것이며, 협회에서는 담배자판기의 공공성과 역할에 대한 지속적인 계몽 홍보를 통해 소비자 인식을 고양시켜 나갈 수 있게 해야 할 것이다. 비록 전면 규제 완화가 어렵고 힘든 길이기는 하지만 소비자에게 신뢰성을 부여하고 청소년의 담배 구입 루트 차단에 혁혁한 역할을 다할 수 있게 된다면 그 입지기반을 재평가 받을 수 있게 될 것이다. 담배자판기의 내일은 이제 암울함이 아닌 서서히 희망을 비치는 쪽으로 급선회되고 있다.

• Journal of Korean Society of Transportation
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• v.24 no.5 s.91
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• pp.89-108
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• 2006

Korea has been entering the ageing society as the population of age over 65 shared over 7% since the year 2000. The ageing society needs to have transportation facility considering elderly people's travel behavior. This study aims to understand the elderly people's travel behavior using recent data in Korea. The activity schedule approach begins with travel outcomes are part of an activitv scheduling decision. For tho?e approach. used discrete choice models (especially. Nested Logit Model) to address the basic modeling problem capturing decision interaction among the many choice dimensions of the immense activity schedule choice set The day activity schedule is viewed as a sot of tours and at-home activity episodes tied togather with overarching day activity pattern using the Seoul Metropolitan Area Transportation Survey data, which was conducted in June, 2002. Decisions about a specific tour in the schedule are conditioned by the choice of day activity pattern. The day activity scheduling model estimated in this study consists of tours interrelated in a day activity pattern. The day activity pattern model represents the basic decision of activity participation and priorities and places each activity in a configuration of tours and at-home episodes. Each pattern alternative is defined by the primary activity of the day, whether the primary activity occurs at home or away, and the type of tour for the primary activity. In travel mode choice of the elderly and non-workers, especially, travel cost was found to be important in understanding interpersonal variations in mode choice behavior though, travel time was found to be less important factor in choosing travel mode. In addition, although, generally, the elderly was likely to choose transit mode, private mode was preferred for the elderly over 75 years old owing to weakened physical health for such things as going up and down of stairs. Therefore. as entering the ageing society, transit mode should be invested heavily in transportation facility Planning tor improving elderly transportation service. Although the model has not yet been validated in before-and-after prediction studies. this study gives strong evidence of its behavioral soundness, current practicality. and potential for improving reliability of transportation Projects superior to those of the best existing systems in Korea.

• Water for future
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• v.5 no.1
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• pp.27-36
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• 1972

This thesis is the study of the rainfall probability depth in the major areas of Korea, such as Seoul, Pusan and Taegu. The purpose of the paper is to analyze the rainfall in connection with the safe planning of the hydraulic structures and with the project life. The methodology used in this paper is the statistical treatment of the rainfall data in the above three areas. The scheme of the paper is the following. 1. The complementation of the rainfall data We tried to select the maximm values among the values gained by the three methods: Fourier Series Method, Trend Diagram Method and Mean Value Method. By the selection of the maximum values we tried to complement the rainfall data lacking in order to prevent calamities. 2. The statistical treatment of the data The data are ordered by the small numbers, transformed into log, $\sqrt{}, \sqrt[3]{}, \sqrt[4], and$\sqrt[5], and calculated their statistical values through the electronic computer. 3. The examination of the distribution types and the determination of the optimum distibution types By the $x^2-Test$ the distribution types of rainfall data are examined, and rejected some part of the data in order to seek the normal rainfall distribution types. In this way, the optimum distribution types are determined. 4. The computation of rainfall probability depth in the safety project life We tried to study the interrelation between the return period and the safety project life, and to present the rainfall probability depth of the safety project life. In conclusion we set up the optimum distribution types of the rainfall depths, formulated the optimum distributions, and presented the chart of the rainfall probability depth about the factor of safety and the project life.ct life.

• Korean Journal of Soil Science and Fertilizer
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• v.35 no.1
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• pp.47-58
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• 2002

Much of the plastic film house soils in the southern part of the Korean peninsula are managed using a upland-paddy rotation culture system (hereafter, RS) to prevent salt accumulation in soil. However, information on the effects of RS on soil properties and environmental conservation is limited. In order to determine the effects of RS on soil properties, 22 fields under RS and 20 fields under a non-rotation system (hereafter, NRS) in plastic film houses were selected in Chinju, in southern Korea, and the P distribution characteristics were investigated, including the chemical properties. The RS contributed to the removal of water-soluble salts in the surface layer and to the redistribution of organic matter evenly in the soil profile. In the AP horizon, available phosphorus levels were $1,611mg\;kg^{-1}$ in RS and $1,789mg\;kg^{-1}$ in NRS, which markedly exceeds the optimum range for plant cultivation. Total P was lower in RS (average $4,593mg\;kg^{-1}$) than in NRS (average $5,440mg\;kg^{-1}$) and this decrease was taken to be an effect of RS. Inorganic P was the predominant form of P in both systems, followed by organic P and residual P. A soil profile showed that total and inorganic P concentrations decreased with depth in both systems. However, organic P increased withdepth in RS, which was in contrast to that noted in NRS. The increase in organic P with depth in RS implied that organically rather than inorganically derived phosphate moved through the soil. The concentrations of water-soluble P, Ca-P and Al-P were higher in NRS than in RS soil profiles, but the Fe-P concentration was higher in RS than in NRS, which might be affected by the anaerobic conditions found in paddy soils. In both systems, the Al-P form of extractable P predominated in the surface layer, followed by Ca-P, Fe-P and water-soluble P. With increasing depth, the composition rate of Ca-P to extractable P decreased to less than 10% in the 60-70cm depth, as Fe-P dominated at this level. The content of water-soluble P, potentially the main source of eutrophication, was higher in NRS than in RS. These results indicated that the RS used in plastic film houses contributed to the removal of water-soluble salts but only slightly decreased the phosphate concentration.

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

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.197-225
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• 2015

The presentation of this paper was triggered by the spread of MERS in Korea in the year 2015. The analysis of the present acts related with MERS is necessary in order to cope efficiently with any probable spread of such infectious diseases as MERS in future. The acts that should be analyzed in this paper include 'Medical Service Act' and 'Infectious Disease Control And Prevention Act' (hereafter, IDCAPA). At first the classification of the infectious diseases in IDCAPA should be referred to. The Act does not properly classify them because the scope of concept of each group of the infectious diseases overlaps each other. This overlap should be removed. The present system in IDCAPA is not proper for the efficient notification and reporting of the infectious disease patients. This is so in some viewpoints including the persons obligated to make the notification and reporting, the persons to whom they should notify and report such patients, and the process of notification and reporting. The efficient approach to the information related with the infectious disease is necessary for the rapid prevention of its spread. Cohort isolation and quarantine of the infectious patients and exposed contacts are the strongest and most efficient steps for the prevention of spread of the infectious diseases. One of the great problems related with such steps would be the conflict of powers or attributions, the likelihood of which is inevitable under the present system of IDCAPA. The IDCAPA distributed the power or attribution to take the steps to the three governments including the central government, the metropolitan government and the primary local government. The power should be concentrated in the central government, which could afford financially to compensate for the huge amount of damages caused likely by the steps. The power to take the steps would be actually just a useless thing for its holder without such financial capacity. The remedy for the victims by the fault of spreader should be approached to in the sense of national wealth. The general principle of tort law could not supply the victims with the sufficient remedy because the damages would be likely too huge for the wealth of such spreader to cope with. In future another parliamentary inspection could reveal another problems in the administration by the government of the MERS event in the year 2015. Any problem caused by defect in the legal system of the control and prevention of the infectious diseases should be taken into consideration when the legal system would be reformed in future.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.27-53
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• 2015

Recently, a plastic surgery hospital in Seoul, has been raided following suspicions that ghost surgery was performed by an unauthorized substitute surgeon on a chinese woman who lapsed into a death. Following the incident, an organization to eradicate ghost surgery was created in March by Consumers Korea, founded to protect consumer rights, and the Korea Alliance of Patients Organization. The organization has received reports of illegal medical practices. To substitute another physician without the patient's consent and without his knowledge of the substitution is fraud and deceit and a violation of a basic ethical concept. The patient as a human being is entitled to choose his own physician and he should be permitted to acquiesce in or refuse to accept the substitution. It should be noted that it is the operating surgeon to whom the patient grants his consent to perform the operation. The patient is entitled to the services of the particular surgeon with whom he contracts. The surgeon, in accepting the patient, obligates himself to utilize his personal talents in the performance of the operation to the extent required by the agreement creating the physician-patient relationship. He cannot properly delegate to another the duties which the patient authorizes him to perform personally. 'Ghost surgery' comes under Article 257(Inflicting Bodily Injury on Other or on Lineal Ascendant) of the Criminal Code. Substitution another physician without the patient's consent and without his knowledge of the substitution shall be performed Inflicting Bodily Injury. This is a controversial issue that'ghost surgery' comes under Article 347(Fraud) of the Criminal Code. It maybe controversial that operation substituted by another physician without the patient's consent and without his knowledge of the substitution becomes the component of Fraud. Also, Ghost surgery' comes under Article 27 (Prohibition of Unlicensed Medical Practice, etc.), Article 22 (Medical Records, etc.), Article 33 (Establishment) of the Medical Service Act. The surgeon's obligation to the patient requires him to perform the surgical operation: (1) within the scope of authority granted him by the consent to the operation; (2) in accordance with the terms of the contractual relationship; (3) with complete disclosure of all facts relevant to the need and the performance of the operation; and (4) to utilize his best skill in performing the operation.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.139-171
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• 2018

The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

• Korean Journal of Ecology and Environment
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• v.49 no.4
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• pp.296-307
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• 2016

Ecological restoration is an eco-technology, which heals the nature damaged by human activity by imitating organization and function of the integrate nature and thereby provide an inhabitable space for diverse organisms. Such an ecological restoration has to be carried out by applying restoration plan prepared based on the results of diagnostic evaluation discussed in the diversified respects. This study aims to prepare an ecological restoration plan of the damaged forest ecosystem in Mt. Moodeung National Park. To arrive at the goal, first of all, we diagnosed quality of forest landscape established in Mt. Moodeung National Park based on natural (topography, climate, and distribution of vegetation) and artificial (land use, linear landscape element) factors. In addition, we evaluated the integrity of each zone divided by linear landscape element quantitatively based on geometric property and land use intensity. As the result of analysis, topography of Mt. Moodeung National Park tended to be depended on weathering property of parent rock and vegetation zones were divided to three vegetation zones. Based on land use pattern, deciduous broad-leaved forest, evergreen needle-leaved forest, and mixed forest occupied about 90% of Mt. Moodeung National Park. Mean score of forest landscape quality was shown in $69.86{\pm}11.41$. As a result, forest landscape elements in Mt. Moodeung National Park were influenced greatly by human activity and the degree was depended on topographic condition. This study suggested the synthetic restoration plan to improve ecological quality of Mt. Moodeung National Park based on the results of diagnostic evaluation.

• Journal of Distribution Science
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• v.7 no.4
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• pp.47-56
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• 2009

The purpose of this study is to present an alternative improving the efficient and reasonable of the physical distribution system management is influenced by many factors. Therefore, the study depends on the documentary method and survey method to achieve the purpose of this study. The major components of a physical distribution system are refers to as elements, include warehouse·storage system, transportation system, inventory system, physical distribution information system. The factors used in this study are ① factor of product(quality·A/S·added value of product·adaption of product·technical competitive power to other enterprises), ② factor of market(market channel·kinds of customer·physical distribution share), ③ factor of warehouse·storage(warehouse design·size·direction·storage ability·warehouse quality), ④ factor of transportation(promptness·reliability·responsibility·kinds of transportation·cooperation united transportation system·national transportation network), ⑤ factor of packaging (packaging design·material·educating program·pollution degree measure program), ⑥ factor of inventory(ordinary inventory criterion·consistence for inventories record), ⑦ factor of unloaded(unloaded machine·having machine ratio), ⑧ factor of information system (physical distribution quantity analysis·usable computer part), ⑨ factor of physical distribution cost(sales ratio to product) ⑩ factor of physical distribution system(physical distribution center etc). The implication of this study can be summarized as follows: ① In firms that have not adopted a systems integrative approach, physical distribution is a fragmented and often uncoordinated set of activities spread throughout various functions with function having its own set of priorities and measurements. ② The physical distribution is recognized as more an important strategic factor than a simple cost reduction factor, ③ It can be used a strategic competition tool to enterprise.