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Criminal Liabilities of Ghost Surgery (유령수술행위의 형사책임 - 미용성형수술을 중심으로 -)

  • Hwang, Manseong
    • 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.

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Feasibility Study of Wetland-pond Systems for Water Quality Improvement and Agricultural Reuse (습지-연못 연계시스템에 의한 수질개선과 농업적 재이용 타당성 분석)

  • Jang, Jae-Ho;Jung, Kwang-Wook;Ham, Jong-Hwa;Yoon, Chun-Gyeong
    • Korean Journal of Ecology and Environment
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    • v.37 no.3 s.108
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    • pp.344-354
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    • 2004
  • A pilot study was performed from September 2000 to April 2004 to examine the feasibility of the wetland-pond system for the agricultural reuse of reclaimed water. The wetland system was a subsurface flow type, with a hydraulic residence time of 3.5 days, and the subsequent pond was 8 $m^3$ in volume (2 m ${\times}$ 2 m ${\times}$ 2 m) and operated with intermittent-discharge and continuous flow types. The wetland system was effective in treating the sewage; median removal efficiencies of $BOD_5$ and TSS were above 70.0%, with mean effluent concentrations of 27.1 and 16.8 mg $L^{-1}$, respectively, for these constituents. However, they did often exceed the effluent water quality standards of 20 mg $L^{-1}$. Removal of T-N and T-P was relatively less effective and mean effluent concentrations were approximately 103.2 and 7.2 mg $L^{-1}$, respectively. The wetland system demonstrated high removal rate (92 ${\sim}$ 90%) of microorganisms, but effluent concentrations were in the range of 300 ${\sim}$ 16,000 MPN 100 $mL^{-1}$ which is still high for agricultural reuse. The subsequent pond system provided further treatment of the wetland effluent, and especially additional microorganisms removal in addition to wetland-pond system could reduce the mean concentration to 1,000 MPN 100 $mL^{-1}$ from about $10^5$ MPN 100 $mL^{-1}$ of wetland influent. Other parameters in the pond system showed seasonal variation, and the upper layer of the pond water column became remarkably clear immediately after ice melt. Overall, the wetland system was found to be adequate for treating sewage with stable removal efficiency, and the subsequent pond was effective for further polishing. This study concerned agricultural reuse of reclaimed water using natural systems. Considering stable performance and effective removal of bacterial indicators as well as other water quality parameters, low maintenance, and cost-effectiveness, wetland- pond system was thought to be an effective and feasible alternative for agricultural reuse of reclaimed water in rural area.

Validation of PCR and ELISA Test Kits for Identification of Domestic Animal Species in Raw Meat and Meat Products in Korea (국내 유통 식육 및 식육가공품에서 축종감별을 위한 PCR 및 ELISA 검사법 검증)

  • Heo, Eun-Jeong;Ko, Eun-Kyung;Seo, Kun-Ho;Kim, Young-Jo;Park, Hyun-Jung;Wee, Sung-Hwan;Moon, Jin-San
    • Journal of Food Hygiene and Safety
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    • v.29 no.2
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    • pp.158-163
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    • 2014
  • In this study, two commercial PCR and ELISA test kits were examined for identification of eight animal species (beef, pork, chicken, duck, turkey, goat, lamb, and horse) from raw meat and meat products in Korea. The detection limit in RAW meat ELISA kit$^{(R)}$ on three types of meat samples blended with beef, pork and chicken, demonstrated that all meat species were differentiable down to 0.2%. RAW meat ELISA kit$^{(R)}$ on animal species resulted in differentiation rate of 94.5% for beef, 93.3% for pork, 90% for lamb, and 100% for chicken, duck, turkey, goat, and horse. In contrast, Powercheck Animal Species ID PCR kit$^{TM}$ resulted in 100% specificity at 0.05% limit of detection for all meat species. The detection limit of Cooked Meat ELISA kit$^{(R)}$ on mixed meat samples heat-treated with different temperatures and times, resulted in 0.1% for all heat-treated mixed meat except for chicken at 1.0%. Additionally, ELISA kit on sixty meat products resulted in specificity of 31.8% for ham, 13.6% for sausages, and 12.5% for ground processed products, and relatively low rate for more than 2 types of mixed meats. On the contrary, meat species differentiation using PCR kit showed higher percentage than that using ELISA kit$^{(R)}$: 50.0% for ham, 41.7% for sausages, and 28.6% for ground processed meat. Futhermore, PCR kit on 54 dried beef meats detected pork genes in 13 products whereas ELISA kit showed negative results for all products. Hence, the possibility of cross-contamination during manufacturing process was investigated, and it was found that identical tumblers, straining trays, cutters and dryers were used in both beef and pork jerky production line, suggesting the inclusion of pork genes in beef products due to cross-contamination. In this study, PCR and ELISA test kits were found to be excellent methods for meat species differentiation in raw meat and heat-processed mixed meat. However, lower differentiation rate demonstrated in case of meat processed products raised the possibility of inclusion of other species due to cross-contamination during manufacturing process.

Effects of the Glycoprotein Isolated from Pteridium aquilinum on the Immune Function of Mice (고사리 단백다당(Pteridium aquilinum Glycoprotein, PAG)이 마우스 면역활성에 미치는 영향)

  • Park, Hyeon-Ae;Kweon, Mee-Hyang;Han, Hyung-Mee;Sung, Ha-Chin;Yang, Han-Chul
    • Korean Journal of Food Science and Technology
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    • v.30 no.4
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    • pp.976-982
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    • 1998
  • The effects of the glycoprotein (PAG) isolated from Pteridium aquilinum on the immune function was examined in mice. PAG was intraperitoneally administered into BALB/C mice for 14 days and the antibody forming ability to hen egg lysozyme (HEL) and the blastogenic responses of splenocytes were measured. PAG treatment significantly increased antibody formation to HEL in a dose-dependent manner. Blatogenesis of splenocytes in response to lipopolysaccharide (LPS, B-cell specific mitogen) or phytohemagglutinin (PHA, T-cell specific mitogen) was also increased after treatment with PAG, indicating that the PAG increases both humoral and cellular immunities. To examine whether the immune function of PAG was via a direct effect on the lymphocytes, splenocytes were isolated from BALB/C mice, exposed to various concentrations of PAG in vitro and the blastogenic responses were measured. In vitro exposure to PAG significantly increased blastogenesis of splenocytes to LPS up to $500{\;}{\mu}g/kg$, whereas the blastogenic response to PHA was not altered by PAG treatment. To identify the fraction responsible for the increase in the immune function, the effect of periodate digest, pronase digest or purified polysaccharide on the antibody production to HEL was examined. Crude protein fraction of PAG significantly increased the antibody formation to HEL. On the other hand, both crude and purified polysaccharide fractions did not have any effects on the antibody production ability. These data indicated that 1) PAG increased both humoral and cellular immune functions, 2) the increase in humoral immunity was probably via a direct action of PAG on lymphocytes and 3) the protein portion of PAG was responsible for the increase in humoral immunity.

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Need for New Criteria of an Injunction in a Patent Infringement (특허침해금지청구에 대한 새로운 판단기준의 필요성)

  • Shim, Mi-Rang
    • Journal of Legislation Research
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    • no.44
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    • pp.571-610
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    • 2013
  • The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.

Grand Circulation Process of Beach Cusp and its Seasonal Variation at the Mang-Bang Beach from the Perspective of Trapped Mode Edge Waves as the Driving Mechanism of Beach Cusp Formation (맹방해안에서 관측되는 Beach Cusp의 일 년에 걸친 대순환 과정과 계절별 특성 - 여러 생성기작 중 포획모드 Edge Waves를 중심으로)

  • Cho, Yong Jun
    • Journal of Korean Society of Coastal and Ocean Engineers
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    • v.31 no.5
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    • pp.265-277
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    • 2019
  • Using the measured data of waves and shore-line, we reviewed the grand circulation process and seasonal variation of beach cusp at the Mang-Bang beach from the perspective of trapped mode Edge waves known as the driving mechanism of beach cusp. In order to track the temporal and spatial variation trends of beach cusp, we quantify the beach cusp in terms of its wave length and amplitude detected by threshold crossing method. In doing so, we also utilize the spectral analysis method and its associated spectral mean sand wave number. From repeated period of convergence and ensuing splitting of sand waves detected from the yearly time series of spectral mean sand wave number of beach cusp, it is shown that the grand circulation process of beach cusp at Mang-Bang beach are occurring twice from 2017. 4. 26 to 2018. 4. 20. For the case of beach area, it increased by $14,142m^2$ during this period, and the shore-line advanced by 18 m at the northen and southern parts of the Mang-Bang beach whereas the shore-line advanced by 2.4 m at the central parts of Mang-Bang beach. It is also worthy of note that the beach area rapidly increased by $30,345m^2$ from 2017.11.26. to 2017.12.22. which can be attributed to the nature of coming waves. During this period, mild swells of long period were prevailing, and their angle of attack were next to zero. These characteristics of waves imply that the main transport mode of sediment would be the cross-shore. Considering the facts that self-healing capacity of natural beaches is realized via the cross-shore sediment once temporarily eroded. it can be easily deduced that the sediment carried by the boundary layer streaming toward the shore under mild swells which normally incident toward the Mang-Bang beach makes the beach area rapidly increase from 2017.11.26. to 2017.12.22.

Synthesis and Characterization of Layered Copper Hydroxides in Highly Concentrated Solution (고농도 용액에서 Layered Copper Hydroxides의 합성 및 특성)

  • Nam, Dae-Hyean;Choi, Choong-Lyeal;Kim, Kwang-Seop;Seo, Young-Jin;Park, Man
    • Korean Journal of Soil Science and Fertilizer
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    • v.43 no.6
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    • pp.872-879
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    • 2010
  • Layered copper hydroxides [LCHs, $Cu_2(OH)_3{\cdot}NO_3$] has the agricultural potentials as a fungicide because of its high crystallinity, excellent anion exchange capacity, and its regular layered particle size. The study, for the first time, has synthesized LCHs in highly concentrated solution and evaluated its physicochemical properties including the crystallinity and suspension stability. Optimal synthetic condition of LCHs was determined by crystallinity and stability of suspension as follow; 1) concentrations of $Cu(NO_3)_2$ and NaOH solutions were 3.0 M respectively, 2) reaction temperature and solution pH were $25^{\circ}C$ and 6.0, respectively, and 3) aging time after reaction was 2hr. Crystallinity of LCHs enhanced with increase in pH up to 9.0. Whereas, stability of suspension was decrease by increase in crystal size. Especially, increase in reaction temperature decreased stability of suspension. XRD patterns and SEM images exhibited that LCHs had regular layered particle size with 0.2~0.8 ${\mu}m$ and high crystallinity in optimal synthetic condition. The particle size was increased with increase in reaction temperature and pH. These results showed that LCHs synthesized in highly concentrated solution exhibited high stability of suspension as well as high crystallinity suitable to their potential as a fungicide.

Evaluation of Carbon Sequestration Capacity of a 57-year-old Korean Pine Plantation in Mt. Taeh wa based on Carbon Flux Measurement Using Eddy-covariance and Automated Soil Chamber System (에디 공분산 및 자동화 토양챔버 시스템을 이용한 탄소 플럭스 관측 기반 태화산 57년생 잣나무조림지의 탄소흡수능력 평가)

  • Lee, Hojin;Ju, Hyungjun;Jeon, Jihyeon;Lee, Minsu;Suh, Sang-Uk;Kim, Hyun Seok
    • Journal of Korean Society of Forest Science
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    • v.110 no.4
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    • pp.554-568
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    • 2021
  • Forests are the largest carbon (C) sinks in terrestrial ecosystems. Recently, as enhancing forest C sequestration capacity has been proposed as a basic direction of the Republic of Korea's "2050 Carbon Neutral Strategy," accurate estimation of forest C sequestration has been emphasized. According to the Intergovernmental Panel on Climate Change guidelines, sequestration quantity is calculated from changes in C stocks in forest C pools, such as biomass, deadwood, litter and soil layer, and harvested wood products. However, in Korea, only the overstory biomass increase is now considered the amount of sequestration quantity, so there can be a significant difference from the actual forest C sequestration. In this study, we quantified forest C exchange through C flux measurement using an eddy covariance system and an automated soil chamber system in a 57-year-old Korean pine plantation located in Mt. Taehwa, Gwangju-si, Gyeonggi-do. Then, the net amount of C sequestration was compared with the amount of the overstory biomass increase. We estimated the annual C stock change in the remaining C pools by comparing the net sequestration amount from the C flux measurement with the overstory biomass increase and C stock change in the litter layer. Therefore, the net C sequestration of the Korean pine plantation estimated from the flux measurement was 5.96 MgC ha-1, which was about 2.2 times greater than 2.77 MgC ha-1 of the overstory biomass increase. The annual C stock increase in the litter layer was estimated to be 0.75 MgC ha-1, resulting in a total annual C stock increase of 2.45 MgC ha-1 in the remaining C pools. Our results indicate that the domestic forest is a larger C sink than the current methods, implying that more accurate calculations of the C sequestration capacity are necessary to quantify C stock changes in C pools along with the C flux measurement.

Effects of Low Air Temperature and Light Intensity on Yield and Quality of Tomato at the Early Growth Stage (정식 초기의 저온·저일조가 토마토 수량·품질에 미치는 영향)

  • Wi, Seung Hwan;Yeo, Kyung-Hwan;Choi, Hak Soon;Yu, Inho;Lee, Jin Hyong;Lee, Hee Ju
    • Journal of Bio-Environment Control
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    • v.30 no.4
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    • pp.448-454
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    • 2021
  • This study was conducted to the effect of low air temperature and light intensity conditions on yield and quality of tomato at the early stage of growth in Korea. Inplastic greenhouses, low temperature and low temperature with shade treatments were performed from 17 to 42 days after plant. Tomato growing degree days were decreased 5.5% due to cold treatment during the treatment period. Light intensity decreased 74.7% of growing degree days due to shade. After commencing treatments, the plant growth decreased by low temperature and low radiation except for height. Analysis of the yield showed that the first harvest date was the same, but the yield of the control was 3.3 times higher than low temperature with shade treatment. The cumulative yields at 87 days after transplanting were 1734, 1131, and 854 g per plant for control, low temperature, and low temperature with shade, respectively. The sugar and acidity of tomatoes did not differ between treatment and harvesting season. To investigate the photosynthetic characteristics according to the treatment, the carbon dioxide reaction curve was analyzed using the biochemical model of the photosynthetic rate. The results showed that the maximum photosynthetic rate, J (electric transportation rate), TPU (triose phosphate utilization), and Rd (dark respiration rate) did not show any difference with temperature, but were reduced by shading. Vcmax (maximum carboxylation rate) was decreased depending on the low temperature and the shade. Results indicated that low temperature and light intensity at the early growth stage can be inhibited the growth in the early stage but this phenomenon might be recovered afterward. The yield was reduced by low temperature and low intensity and there was no difference in quality.

An Analysis of the Dynamics between Media Coverage and Stock Market on Digital New Deal Policy: Focusing on Companies Related to the Fourth Industrial Revolution (디지털 뉴딜 정책에 대한 언론 보도량과 주식 시장의 동태적 관계 분석: 4차산업혁명 관련 기업을 중심으로)

  • Sohn, Kwonsang;Kwon, Ohbyung
    • The Journal of Society for e-Business Studies
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    • v.26 no.3
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    • pp.33-53
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    • 2021
  • In the crossroads of social change caused by the spread of the Fourth Industrial Revolution and the prolonged COVID-19, the Korean government announced the Digital New Deal policy on July 14, 2020. The Digital New Deal policy's primary goal is to create new businesses by accelerating digital transformation in the public sector and industries around data, networks, and artificial intelligence technologies. However, in a rapidly changing social environment, information asymmetry of the future benefits of technology can cause differences in the public's ability to analyze the direction and effectiveness of policies, resulting in uncertainty about the practical effects of policies. On the other hand, the media leads the formation of discourse through communicators' role to disseminate government policies to the public and provides knowledge about specific issues through the news. In other words, as the media coverage of a particular policy increases, the issue concentration increases, which also affects public decision-making. Therefore, the purpose of this study is to verify the dynamic relationship between the media coverage and the stock market on the Korean government's digital New Deal policy using Granger causality, impulse response functions, and variance decomposition analysis. To this end, the daily stock turnover ratio, daily price-earnings ratio, and EWMA volatility of digital technology-based companies related to the digital new deal policy among KOSDAQ listed companies were set as variables. As a result, keyword search volume, daily stock turnover ratio, EWMA volatility have a bi-directional Granger causal relationship with media coverage. And an increase in media coverage has a high impact on keyword search volume on digital new deal policies. Also, the impulse response analysis on media coverage showed a sharp drop in EWMA volatility. The influence gradually increased over time and played a role in mitigating stock market volatility. Based on this study's findings, the amount of media coverage of digital new deals policy has a significant dynamic relationship with the stock market.