• Title/Summary/Keyword: 발생원리

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Legislative Study on the Mitigation of the Burden of Proof in Hospital Infection Cases - Focusing on the revised Bürgerliches Gesetzbuch - (병원감염 사건에서 증명책임 완화에 관한 입법적 고찰 - 개정 독일민법을 중심으로 -)

  • Yoo, Hyun Jung
    • 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.

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Latest Supreme Court Decision on Proof of Causation in Medical Malpractice Cases - Focusing on Supreme Court decision 2022da219427 on August 31, 2023 and the Supreme Court decision 2021Do1833 on August 31, 2023 - (의료과오 사건에서 인과관계 증명에 관한 최신 대법원 판결 - 대법원 2023. 8. 31. 선고 2022다219427 판결 및 대법원 2023. 8. 31. 선고 2021도1833 판결을 중심으로 -)

  • HYEONHO MOON
    • The Korean Society of Law and Medicine
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    • v.24 no.4
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    • pp.3-36
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    • 2023
  • The main issue in medical malpractice civil litigation is medical negligence and the causal relationship between medical negligence and damages. Regarding the presumption of causality in cases where medical negligence is proven, there is a previous Supreme Court decision 93da52402 on February 10, 1995, but it is difficult to find a case that satisfies the textual requirements of the above decision, and yet, in practice, the above decision is cited. In many cases, causal relationships were assumed, and criticism was consistently raised that it was inconsistent with the text of the above judgment. In its ruling, the Supreme Court reorganized and presented a new legal principle regarding the presumption of causality when medical negligence is proven in a civil lawsuit. According to this, If the patient proves ① the existence of an act that is assessed as a medical negligence, that is, a violation of the duty of care required of an ordinary medical professional at the level of medical care practiced in the field of clinical medicine at the time of medical practice, and ② that the negligence is likely to cause damages to the patient, the burden of proving the causal relationship is alleviated by presuming a causal relationship between medical negligence and damage. Here, the probability of occurrence of damage does not need to be proven beyond doubt from a natural scientific or medical perspective, but if recognizing the causal relationship between the negligence and the damage does not comply with medical principles or if there is a vague possibility that the negligence will cause damage, causality cannot be considered proven. Meanwhile, even if a causal relationship between medical negligence and damage is presumed, the party that performed the medical treatment can overturn the presumption by proving that the patient's damage was not caused by medical negligence. Meanwhile, unlike civil cases, the standard is 'proof beyond reasonable doubt' in criminal cases, and the legal principle of presuming causality does not apply. Accordingly, in a criminal case of professional negligence manslaughter that was decided on the same day regarding the same medical accident, the case was overturned and remanded for not guilty due to lack of proof of a causal relationship between medical negligence and death. The above criminal ruling is a ruling that states that even if 'professional negligence' is recognized in a criminal case related to medical malpractice, the person should not be judged guilty if there is a lack of clear proof of 'causal relationship'.

A Study on the Characteristics of Oil-water Separation in Non-point Source Control Facility by Coalescence Mechanism of Spiral Buoyant Media (나선형 부유 고분자 여재의 Coalescence 특성을 이용한 비점오염원 저감시설의 유수분리특성 연구)

  • Kang, Sung-Won;Kim, Seog-Ku;Kim, Young-Im;Yun, Sang-Leen;Kim, Soo-Hae;Kim, Mee-Kyung
    • Journal of Korean Society of Environmental Engineers
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    • v.29 no.8
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    • pp.950-955
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    • 2007
  • Non-point source control system which had been designed only for oil-water separation in the fields of oil refinery and garage was upgraded in this research for the removal of runoff pollutants in impervious urban area. Pollutants including oil from driveway and bridge were eliminated by two types of pathway in the system. One is the coalescence mechanism that the oil droplets in the runoff come into contact with each other in the spiral buoyant media surface and form larger coalesced droplets of oil that are carried upstream to the oil layer. The other is the precipitation that solids in runoff were settled by gravity in the system. In this research, coalescing characteristics of oil and water separation were investigated through image analyses, and efficiencies of the non-point source control system were evaluated using dust in driveway and waste engine oil. Media made of high density and high molecular weight polyethylene was indeterminate helical shape and had sleek surface by analysing SEM photographs and BET. Surface area and specific gravity of media which were measured directly were 1,428 $mm^2$ and 45.3 $kg/m^3$ respectively. From the image analyses of the oil droplets photographs which were taken by using microscope, it was proved clearly that the coalescence was the main pathway in the removal of oil from the runoff. Finally, the performances of the non-point source control system filled up with the media were suspended solid $86.6\sim95.2%$, $COD_{Cr}$, $87.3\sim95.4%$, n-Hexane extractable materials $71.8\sim94.8%$ respectively.

Improved AR-FGS Coding Scheme for Scalable Video Coding (확장형 비디오 부호화(SVC)의 AR-FGS 기법에 대한 부호화 성능 개선 기법)

  • Seo, Kwang-Deok;Jung, Soon-Heung;Kim, Jin-Soo;Kim, Jae-Gon
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.31 no.12C
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    • pp.1173-1183
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    • 2006
  • In this paper, we propose an efficient method for improving visual quality of AR-FGS (Adaptive Reference FGS) which is adopted as a key scheme for SVC (Scalable Video Coding) or H.264 scalable extension. The standard FGS (Fine Granularity Scalability) adopts AR-FGS that introduces temporal prediction into FGS layer by using a high quality reference signal which is constructed by the weighted average between the base layer reconstructed imageand enhancement reference to improve the coding efficiency in the FGS layer. However, when the enhancement stream is truncated at certain bitstream position in transmission, the rest of the data of the FGS layer will not be available at the FGS decoder. Thus the most noticeable problem of using the enhancement layer in prediction is the degraded visual quality caused by drifting because of the mismatch between the reference frame used by the FGS encoder and that by the decoder. To solve this problem, we exploit the principle of cyclical block coding that is used to encode quantized transform coefficients in a cyclical manner in the FGS layer. Encoding block coefficients in a cyclical manner places 'higher-value' bits earlier in the bitstream. The quantized transform coefficients included in the ealry coding cycle of cyclical block coding have higher probability to be correctly received and decoded than the others included in the later cycle of the cyclical block coding. Therefore, we can minimize visual quality degradation caused by bitstream truncation by adjusting weighting factor to control the contribution of the bitstream produced in each coding cycle of cyclical block coding when constructing the enhancement layer reference frame. It is shown by simulations that the improved AR-FGS scheme outperforms the standard AR-FGS by about 1 dB in maximum in the reconstructed visual quality.

Therapeutic Use of Music for Stuttering Children (말더듬 아동을 위한 음악치료적 접근)

  • Cho, Jung Min
    • Journal of Music and Human Behavior
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    • v.4 no.1
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    • pp.21-30
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    • 2007
  • Unlike other common forms of speech disorder, such as phonological disorder or dysphonia, stuttering has not been studied within the context of music therapy. Most cases of stuttering display no difficulty in singing, and fluency within the musical structure does not translate to fluency in speech. Hence, musical approach has been generally considered to be ineffective to the treatment of stuttering. However, the fundamentals of music therapy assume its extensive application in treating variety of speech disorders, including the case of stuttering. Presented in this paper are the case studies designed to validate the efficacy of music therapy as a remedy for stuttering. This study enrolled 6 children with stuttering and conducted 20 individual sessions over a period of 10 weeks. The sessions focused on the Melodic Intonation Therapy, Reinforcement of speech rhythm, song writing and singing. Musical elements were structured to enhance the verbal expression and rhythmic senses, as well as to facilitate the initiation of verbal communication. The result is as follows. First, it was noticed that the disfluency had been decreased in before and after of the music therapy in every child although the result was somewhat different depending the child. The overall result of the investigation shows the significant difference statistically. And categorically speaking, the significant difference was checked in the frequency of the stuttering. In the steps of the session, the increase and decrease was happened repeatedly, and then after it was decreased little by little. Secondly, the Communication Attitude was decreased in before and after of the music therapy, and also there was significant difference statistically. although the avoidance behavior was decreased in before and after of the music therapy, the increase and the decrease was repeated irregularly in the steps of session. All the results described above shows that music therapy gives positive effect to decrease in disfluency of stuttering child and also to develop the Communication Attitude. And new possibility and effectiveness can be proposed in the musical approach to the stuttering.

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A historical study on the flexibility square-format typeface and the prospects - Focused on the three-pairs fonts of hangeul - (탈네모글꼴에 관한 역사적 연구와 전망 - 세벌식 한글 글꼴을 중심으로 -)

  • Yu, Jeong-Mi
    • Archives of design research
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    • v.19 no.2 s.64
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    • pp.241-250
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    • 2006
  • Hangeul as the Korean unique characters were invented according to some character-making principles and based on scholars' exhaustive researches. While most of the characters in the world evolved naturally, Hangeul was invented based on a precise linguistic analysis of the time, and therefore, it is most scientific and reasonable among various characters throughout the world. Nevertheless, Hangeul typeface designs do not seem to inherit the ideology of scientific and reasonable Hangeul correctly. For the square forms have been used intact due to the influences from the Chinese characters which prevailed during the time. If a single set of square characters should be designed, as much as 11,172 fonts should be designed, which suggests that advantages of Mangeul may not well be used fully; Hangeul was invented to visualize every sound with the combinations of 28 vowels and consonants. Problems of such square fonts began to be identified since 1900's when typewriters were introduced first from the West. Since a typewriter is designed with 28 characters laid out on its keyboard by using such combinations, the letters may be easily combined on it. The so-called the flexibility square-format typeface was born as such. Specially, the three-pairs fonts of these can be combined up to 67 letters including vowels and consonants. The three-pairs fonts system can help to solve the problems arising form the conventional square fonts and inherit the original ideology of Hangeul invention. This study aims to review the history of the three-pairs fonts designs facilitated by mechanic encoding of Hangeul and thereupon, suggest some desirable directions for future Hangeul fonts. Since the flexibility square-format typeface is expected to evolve more and more owing to development of the digital technology, they would serve our age of information in terms of both functions and convenience. Just as Hunminjongum tried to be literally independent from the Chinese characters, so the flexibility square-format typeface designs would serve to recover identity of our Hangeul font designs.

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The Comparison of Characteristics of Korean, Chinese and Japanese Traditional Flower Arts Used in Royal Court Ceremonies (한국과 중국 및 일본의 궁중 전통 꽃꽂이 특징비교)

  • Hong, Hoon Ki;Lee, Jong Suk
    • FLOWER RESEARCH JOURNAL
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    • v.18 no.2
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    • pp.125-135
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    • 2010
  • To discover the main characteristics of Korean traditional flower arrangement, they were compared with different articles and old paintings used in royal court ceremonies. The primary research involved principle of design. The times periods used were the Joseon Dynasty era of Korea, the Ming era of China, and the Edo eras of Japan. The result, which shows both the similarities and differences, of the research is summarized as follows. The similarities were that they all respect the features of nature, and their image expresses their creator's thinking. There was one technique, called 'Suje', in which a part of the stem is coming out from one branch. Also, each three eras preferred flowering trees and ornamental trees more than annuals or foliage plants. one of the differences was that korea used a simple number of materials. The work had volume and appeared mild by using a soft curved line which was repetitive and massive. The Joseon Dynasty era advanced a sense of beauty with artistic symmetry and balance. The work seemed soft and natural because of the little change in blank space, with almost no angle of line. The form had a characteristic preference of being taller than the typical Japanese arrangement. It appeared simple, calm, and rustic by using only one kind of material. In contrast, the Chinese style was gorgeous and displayed volume in a non-symmetrical tripodal form, which incorporated various colors and materials. Also, they avoided processing the materials in order to emphasize the original beauty of nature. Chinese flower arts did not become formalized because they did not consider the formality seriously the formal. The Japanese style was also gorgeous because it incorporated various materials and angles. It included an extreme technique in which an artificial line divided the blank space delicately. The line was both strong and delicate in an established form. The restriction of the main branch gave a light feeling, as well as more strain as in a balance sense. The Japanese eras emphasized more the use of line and a sense of blank space.

The Importance of Kant's 'Sensus Communis' in the Contemporary Practical Philosophy : Focused on the Relation between Autonomy and Solidarity (현대 실천철학에서 칸트 공통감 이론의 중요성 - 자율성과 연대성을 중심으로 -)

  • Kim, Suk-soo
    • Journal of Korean Philosophical Society
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    • v.123
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    • pp.57-86
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    • 2012
  • Many contemporary philosophers argue that modern philosophy is only the philosophy being imprisoned in subject and consciousness without communicating other subjects with language. They criticize that it is solipsistic. Today, those who are taking part in the communication theory, hermeneutics, and de-constructivism are trying to overcome this problem. The practical philosophers, especially those who advocate communintarianism criticize that modern libertarianism is not free from the isolated autonomy and breaks the solidarity of the traditional community with treating formally others. They criticize Kant's philosophy in the same way. But it is unreasonable. Because Kant was not the philosopher who pursued the same philosophy of subjectivity and liberalism as the earlier modern philosophers pursued. He tried to criticize its limits and overcome them. Especially he did not remain within the modern subjectivity, but rather tried to come up with the inter-subjectivity communicating between subjects. He showed this side through the 'sensus communis'. He thought of a judgement of taste as an effect resulting from the free play between imagination and understanding, and postulated the 'sensus communis' as a ground of the universal validity of this judgement. Therefore this 'sensus communis' is the subjective principle of a judgement of taste. Furthermore, he did not treat this 'sensus communis' merely as a self-relation of a subject, but rather developed it into an communicative relation among subjects. This position of Kant enables us to seek the harmony between the aesthetic sphere and social-moral sphere, and to overcome the conflicts between the autonomy of the liberalism and the solidarity of the communitarianism. Especially, his 'sensus communis' can be developed into the 'critical hermeneutics' and the 'relational autonomy'. Therefore his 'sensus communis' has the possibility to overcome the negative points of the traditional community and the modern community, and to overcome the conflicts among the isolated selves occurring in today's society. Hence Kant's 'sensus communis' has still the important values in the contemporary philosophy, especially in the practical philosophy being now discussed over the relation between autonomy and solidarity.

A Basic Study on the Evaluation Index of the Crime Prevention through Environmental Design of Wooden Cultural Buildings (목조 건축문화재의 범죄예방환경설계 평가지표에 대한 기초연구)

  • Kim, Choong-sik
    • Korean Journal of Heritage: History & Science
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    • v.48 no.3
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    • pp.4-29
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    • 2015
  • To protect cultural heritages from damage and destruction, evaluating the crime prevention environments is considered extremely important. This study analyzed the crime patterns related to cultural heritages, classified the crime environments by their types, and deduced the elements of the CPTED(Crime Prevention Through Environment Design), aiming to present the indices for evaluating the crime prevention environments. The results of this study can be summarized as follows. First, the crimes related to cultural heritages that must be prevented were identified as the night time trespassing and arson. According to the results of the analysis of external environments based on crime actions, the crime prevention environments of cultural heritages were classified into 10 types. Second, the important evaluation principles of the cultural heritage CPTED were the access control, surveillance reinforcement and the surrounding environment. Third, the access control that cover the internal region, boundary, external region and surroundings were classified into 22 indices. The surveillance reinforcement covers natural, organized and mechanical surveillance with 21 indices. Fourth, the applicability of the CPTED evaluation index was presented according to the types of the cultural crime prevention environments. The results confirmed that the maximum 43 indices were applicable to the seowon(lecture hall), hyanggyo(Confucian school), and gwana(district government office), and the minimum 10 indices, to the ramparts. Finally, the 43 indices were applied to Donam Seowon to validate their applicability. The results confirmed that most of the indices were applicable with the partial supplements. The evaluation index presented in this study is likely to contribute to studies in the cultural heritage CPTED field and to the protection of cultural heritages. Furthermore, this study is considered significant because it unleashed continuous concerns on and developments of CPTED. However, as the field survey to validate the applicability of the indices was limited to only one type, it may require further objective verification such as through an expert's examination of the validity and applicability of the evaluation index. In addition, to accommodate the index in related policies and systems, more precise verifications of the indices by type are considered necessary.

Influence of Detailed Structure and Curvature of Woven Fabric on the Luminescence Effect of Wearable Optical Fiber Fabric (직물의 세부 구조 및 굴곡이 웨어러블 광섬유의 발광 효과에 미치는 영향)

  • Yang, Jin-Hee;Cho, Hyun-Seung;Kwak, Hwy-Kuen;Oh, Yun-Jung;Lee, Joo-Hyeon
    • Science of Emotion and Sensibility
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    • v.21 no.4
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    • pp.55-62
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    • 2018
  • The two main requirements of wearable optical fiber fabrics are that they must presuppose a high degree of flexibility and they must maintain the luminance effect in both flat and bent conformations. Therefore, woven optical fiber fabrics that satisfy the above conditions were developed by both weaving and by using computer embroidery. First, we measured the brightness of the wearable optical fiber fabric in the flat state at a total of 10 measurement points at intervals of 1 cm. Second, the wearable optical fiber fabric was placed horizontally on the forearm, where three-dimensional bending occurs, and the luminance values were recorded at the same 10 measurement points. For the woven fabric in the flat state, the maximum, minimum, average, and standard deviation luminance values were $5.23cd/m^2$, $2.74cd/m^2$, $3.56cd/m^2$, and $1.11cd/m^2$, respectively. The corresponding luminance values from the bent forearm were $7.92cd/m^2$ (maximum), $2.37cd/m^2$ (minimum), $4.42cd/m^2$ (average), and $2.16cd/m^2$ (standard deviation). In the case of the computer-embroidered fabric, the maximum, minimum, average, and standard deviation luminance values in the flat state were $7.56cd/m^2$, $3.84cd/m^2$, $5.13cd/m^2$, and $1.04cd/m^2$, respectively, and in the bent forearm state were $9.6cd/m^2$, $3.63cd/m^2$, $6.13cd/m^2$, and $2.26cd/m^2$, respectively. Therefore, the computer-embroidered fabric exhibited a higher luminous effect than the woven fabric because the detailed structure reduced light-loss due to the backside fabric. In both types of wearable optical fiber fabric the luminance at the forearm was 124% and 119%, respectively, and the light emitting effect of the optical fiber fabric was maintained even when bent by the human body. This is consistent with the principle of Huygens, which defines the wave theory of light, and also the Huygens-Fresnel-Kirchhoff principle, which states that the intensity of light increases according to the magnitude of the angle of propagation of the light wavefront (${\theta}$).