• Journal of Environmental Science International
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• v.2 no.1
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• pp.61-72
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• 1993

Result of this study indicate that two criteria must be met in order to have effective macrocycle-mediated transport in these emulsionsystem. First, one must effective extraction of the post transition metals, $Cd^{2+}$. $Pb^{2+}$ and $Hg^{2+}$ , into toluene membrane. The effectiveness of this extraction is greatest if log K values for the metal-macrocycle interaction is large. Second, the ratio of the log K values for the metal ion-receiving phase to the metal ion-macrocycle interaction must be large enough to ensure quantitative stripping of the metal ion at the toluene phase interface. Control of the first step can be obtained by appropriate selection of macrocycle donor atom, substituents, and cavity radius. The second step can be controlled by selecting the proper complexing agent for inclusion in the receiving phase. The order of the transport, when using the several $A^-$ species such as $SCN^-$, $1^-$, $Br^-$ and $Cl^-$ is the order of the changing degree of solvation for $A^-$ and the transport of the metals is also affected by the control of concentration for receiving species because of solubility-differences. In this study, we can seperate each single metal ion from the mixture of $Cd^{2+}$, $Pb^{2+}$, and $Hg^{2+}$ ions by using the toluene membranes controlled by optimized conditions. Transport of the single metal is also very good, and alkaline and alkaline earth metals as interferences ions did not affect the seperation of the metals in this macrocycle-liquid membrances but transition metal ions were partially affected as interferences for the post transition metal ions.

• Fire Science and Engineering
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• v.33 no.5
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• pp.109-117
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• 2019

When those who have caused a fire have no ability to compensate fire victims, the victims tend to charge fire agencies for state compensation to receive damage relief. This study analyzed two state compensation cases related to fires. The findings suggest that if there is a causal relationship between fire damage and mistakes committed by fire officials that are associated with fire prevention or special fire inspections, courts usually decide that fire agencies should compensate fire victims. Despite the introduction of a new article in the Framework Act on Fire-Fighting Services on December 26, 2017, titled "Exemption from Responsibility for Fire-Fighting Activities", exemptions are only available if inevitability of the activity has been proven. However, unlike rescue or first aid activity, inevitability is difficult to prove when it comes to fire inspection activity. Therefore, it is expected that state compensation suits related to fires will not decrease.

• 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.

• The Journal of the Korea Contents Association
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• v.9 no.2
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• pp.193-202
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• 2009

This dissertation is considerably studied Faction Genre which is embossed as a new image content, and it is figured out practical used works' possibilities for Korea film production's varieties. Faction, a neologism, which is combined by Fiction and Fact, is a boundary as limits. If authentic history is closed to a truth, it is a record history description method. Also, if unauthorized history is closed to a fake, it is a fictitious history description method. In addition, macro history and micro history are respectively connected to social criticism's matter and personal action, and these can make various analyses, depend on a boundary's limits and personal analysis. On the other hand, history film could be remembered to audience merely history film itself without existed history's fact. However, there are Faction Genre's Genre possibility and film's attraction which indirectness experience of historic fact could be experienced through film. For Faction Genre’s developing solution, there are three cognitive switches; audience's interpretation ability about history film through watching perception, linking between the past and the present for audience through communication with history, audience's considerable decision about history first or fiction first as film writer's interpretation. Above all, hopefully filmic pressure can be shown with historical true to audience. Therefore, it would be Korea Faction Genre's attraction and hope.

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.299-346
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• 2016

There were also various decisions made in medical area in 2015. In the case that an inmate in a sanatorium was injured due to the reason which can be attributable to the sanatorium and the social welfare foundation that operates the sanatorium request treatment of the patient, the court set the standard of fixation of a party in medical contract. In the case that the family of the patient who was declared brain dead required withdrawal of meaningless life sustaining treatment but the hospital rejected and continued the treatment, the court made a decision regarding chargeable fee for such treatment. When it comes to the eye brightening operation which received measure of suspension from the Ministry of Health and Welfare for the first time in February, 2011, because of uncertainty of its safety, the court did not accept the illegality of such operation itself, however, ordered compensation of the whole damage based on the violation of liability for explanation, which is the omission of explanation about the fact that the cost-effectiveness is not sure as it is still in clinical test stage. There were numerous cases that courts actively acknowledged malpractices; in the cases of paresis syndrome after back surgery, quite a few malpractices during the surgery were acknowledged by the court and in the case of nosocomial infection, hospital's negligence to cause such nosocomial infection was acknowledged by the court. There was a decision which acknowledged malpractice by distinguishing the duty of installation of emergency equipment according to the Emergency Medical Service Act and duty of emergency measure in emergency situations, and a decision which acknowledged negligence of a hospital if the hospital did not take appropriate measures, although it was a very rare disease. In connection with the scope of compensation for damage, there were decisions which comply with substantive truth such as; a court applied different labor ability loss rate as the labor ability loss rate decreased after result of reappraisal of physical ability in appeal compared to the one in the first trial, and a court acknowledged lower labor ability loss rate than the result of appraisal of physical ability considering the condition of a patient, etc. In the event of any damage caused by malpractice, in regard to whether there is a limitation on liability in fee charge after such medical malpractice, the court rejected the hospital's claim for setoff saying that if the hospital only continued treatments to cure the patient or prevent aggravation of disease, the hospital cannot charge Medical bills to the patient. In regard to the provision of the Medical Law that prohibit medical advertisement which was not reviewed preliminarily and punish the violation of such, a decision of unconstitutionality was made as it is a precensorship by an administrative agency as the deliberative bodies such as Korean Medical Association, etc. cannot be denied to be considered as administrative bodies. When it comes to the issue whether PRP treatment, which is commonly performed clinically, should be considered as legally determined uninsured treatment, the court made it clear that legally determined uninsured treatment should not be decided by theoretical possibility or actual implementation but should be acknowledged its medical safety and effectiveness and included in medical care or legally determined uninsured treatment. Moreover, court acknowledged the illegality of investigation method or process in the administrative litigation regarding evaluation of suitability of sanatorium, however, denied the compensation liability or restitution of unjust enrichment of the Health Insurance Review & Assessment Service and the National Health Insurance Corporation as the evaluation agents did not cause such violation intentionally or negligently. We hope there will be more decisions which are closer to substantive truth through clear legal principles in respect of variously arisen issues in the future.

• Journal of forensic and investigative science
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• v.1 no.1
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• pp.11-30
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• 2006

The preliminary investigative activities by the police officer play a critical role in identifying the cause of death in unnatural death investigations. The failure to secure the crime scene leads to the destruction of significant evidence, which results in the difficulty or impossibility to identify the cause of death. In order to prevent this jeopardizing crucial evidence, and to identify the level of preliminary investigation on the scene, this research is conducted and analyzed with questionnaires of 300 police first responders and 100 detectives. As a result, it was disclosed that there is a possibility for first responders to fail to ensure scene security, scene observation, and canvass interviews. Besides, when medical personnel have no choice but to contaminate the crime scene in order to save lives, it is necessary for them to take photos and to take proper actions before they enter the scene. The importance of scene-control education cannot be emphasized enough in order to prevent media from entering and destroying the evidence. Through research of actual conditions of unnatural death cases which occurred in Kyongbook Province for last five years, the statistics regarding a few different types of death were analyzed as follows. Evidence that homicide, suicide, accidental death, and disaster deaths have increased year by year. Therefore, it is deemed necessary for the government to take multilateral policies to reduce them, and for police to reinforce their investigative skills. Further, the insufficient number of autopsy facilities and forensic pathologists, only 13% of the deceased (1,237 cases) have had an autopsy conducted to identify the cause of death for last five years. The other, 87.3% (8,496 cases) of the deceased, were handled through simple postmortem examination. The significance of this percentage is that there is still the possibility not revealing the cause of unjust deaths. Therefore, it is necessary to furnish police agency with the reasonable amount of funding for autopsies and maintaining enough forensic pathologists.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.163-201
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• 2019

Doctor has the duty of an inter-hospital transfer, known as inter-facility or secondary transfer, when the diagnostic and therapeutic facilities required for a patient are not available at the given hospital. Also, the decision to transfer the patient to an another facility is rely on whether ill patient is the benefits of care, including clinical and non-clinical reasons, available at the another facility against the potential risks. Crucial point to note is that issues about 'inter-hospital transfer' is limited to questions occurred in the course of transfer between emergency medicals (facilities). 'emergency medical (facility)' is specified by Medical Law, article 3 and the duty of an inter-hospital transfer includes any possible adverse events, medical or technical, during the transfer. Because each medical facility has an different ability to care for a patient in an emergency condition, coordination between the referring and receiving hospitals' emergency medicals would be important to ensure prompt transfer to the definitive destination avoiding delay at an emergency. Simultaneously, transfer of documents about the transfer process, medical record and investigation reports are important materials for maintaining continuity of medical care. Although the duty of an inter-hospital transfer is recognized as one of duty of doctor and more often than not it occurs, there is constant legal conflict between a doctor and a patient related to the duty of the inter-hospital transfer. Therefore, we need clear and specific legal standard about the inter-hospital transfer. This paper attempts to review the Supreme Court's cases associated to the inter-hospital transfer and to compare opinion of the cases with guideline for an inter-hospital transfer already given. Furthermore, this article is intended to broaden our horizons of understanding the duty of an inter-hospital transfer and I wish this article helps to resolve the settlement and case dealt with the duty of inter-hospital transfer.

• Journal of Korean Society of Transportation
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• v.20 no.5
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• pp.113-130
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• 2002

In this paper, we developed DNL(Dynamic Network Loading) model based on Moving cell theory to analyze the dynamic characteristics of traffic flow in congested network. In this paper vehicles entered into link at same interval would construct one cell, and the cells moved according to Cell following rule. In the past researches relating to DNL model a continuous single link is separated into two sections such as running section and queuing section to describe physical queue so that various dynamic states generated in real link are only simplified by running and queuing state. However, the approach has some difficulties in simulating various dynamic flow characteristics. To overcome these problems, we present Moving cell theory which is developed by combining Car following theory and Lagrangian method mainly using for the analysis of air pollutants dispersion. In Moving cell theory platoons are represented by cells and each cell is processed by Cell following theory. This type of simulation model is firstly presented by Cremer et al(1999). However they did not develop merging and diverging model because their model was applied to basic freeway section. Moreover they set the number of vehicles which can be included in one cell in one interval so this formulation cant apply to signalized intersection in urban network. To solve these difficulties we develop new approach using Moving cell theory and simulate traffic flow dynamics continuously by movement and state transition of the cells. The developed model are played on simple network including merging and diverging section and it shows improved abilities to describe flow dynamics comparing past DNL models.