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A Legal Study on the Legal Regulations and the Attitudes of Cases in the Hospital Owned by Non-medical Personnel (사무장병원에 대한 법적 규제와 판례의 태도에 관한 고찰)

  • Baek, Kyounghee;Chang, Yeonhwa
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.33-67
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    • 2020
  • The hospitals that are owned by non-medical personnel result when non-medical personnel with resources conspire with newly graduated medical doctors who cannot afford the enormous amount of capital required at the beginning of the establishment of a medical institution. Such hospitals, though they may have met the external requirements as medical institutions, disrupt the medical market as it should be centered by medical personnels, In addition, such hospitals are causing a huge social problem as it is illegally receiving and reducing various benefits such as medical care benefits and subsidies from the government, resulting in a significant financial leak in the national health insurance. The illegality of the opening of a non-medical personnel hospital is so high that it nullifies the contractual arrangement for the establishment, imposes criminal penalties on all persons involved in the establishment under the Korean Medical Law, and imposes administrative sanctions on medical personnel. In case the hospital was aware of the illegality of its opening, but had applied to receive medical care benefits from the National Health Insurance Act and the Medical Care Act, such actions will result in the return of the benefits under the National Health Insurance Act and the Medical Care Assistance Act, subject to the penalty for the crime of fraud, and aggravated punishment for specific economic crimes based on the amount of gain, as well as civil liability for torts. In this study, we will examine the current status of the regulations on the non-medical personnel hospital and present the basis for future legislative directions by looking at the legal regulations and the attitude of the precedents.

Comparative Analysis on the Demand Estimation Method of Commercial Site: Focused on the Case of New Towns in Korea (상업용지 수요추정기법 비교분석 연구: 수도권 신도시 사례를 중심으로)

  • Lee, Sang-Jun;Yoon, Jeong-Joong
    • Land and Housing Review
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    • v.3 no.4
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    • pp.343-355
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    • 2012
  • The purpose of this paper is to propose reasonable improvements of demand estimation methods of commercial site through the case study. Thus, we investigated the problems and limitation of demand estimation methods and process applied to primary and secondary new towns in Korea. And we suggested the way to reduce error of demand estimation and to raise its objectivity. The result of case analysis is as follows; firstly, it was insufficient to consider location, hierarchy and change of land use like mixed-use development in commercial site. Secondly, improper comparable group or operated relevant index data in the same light were selected the aggregated unit requirement method such as comparative analogy method and planning guidelines. Thirdly, there were many cases that demand estimation value was amended arbitrarily, and it tends to occur a serious reliability problem. Therefore, to improve these problems and to make better use of demand estimation hereafter are required the sublation of arbitrary commercial sphere's settings, the making of comparative group considered development conditions, and putting forward objective revision basis.

Analysis of Hydrological Impact by Typhoon RUSA using Landsat Images and Hydrological Model (Landsat영상과 수문모형을 이용한 태풍 RUSA에 의한 수문영향 분석)

  • Lee, Mi-Seon;Park, Geun-Ae;Kim, Seong-Joon
    • Journal of Korea Water Resources Association
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    • v.38 no.5 s.154
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    • pp.391-399
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    • 2005
  • The purpose of this study is to evaluate hydrological impact by the land cover change of typhoon damage. For the typhoon RUSA (rainfall 1,402 mm) occurred in 2002 (August $31\;{\sim}$ September 1), satellite images of Landsat 7 ETM+ of September 29, 2000 and Landsat 5 TM of September 11, 2002 were selected, and each land cover was classified for Namdae-cheon watershed $192.7km^2$ located in the middle-eastern part of Korea Peninsula. SCS unit hydrograph for watershed runoff and Muskingum for streamflow routing of WMS HEC-1 was adopted. 30m resolution DEM & hydrological soil group using 1:50,000 soil map were prepared. The model was calibrated using three available data of storm events of 1985 to 1988 based on 1985 land cover condition. To predict the streamflow change by damaged land cover condition, rainfall of 50 years to 500 years frequency were generated using 2nd quantile of Huff method. The damaged land cover condition treated as bare soil surface increased streamflow of $50.1\;m^3/sec$ for 50 years rainfall frequency and $67.6\;m^3/sec$ for 500 years rainfall frequency based on AMC-I condition. There may be some speedy treatment by the government for the next coming typhoon damage.

A study on the Improvement Method of the Report and Reward System on an Illegal Behavior of the Emergency Exit (비상구 불법행위 신고포상제도의 개선방안에 관한 연구)

  • Kim, Myeong Sik;Lee, Tae Shik;Cho, Won Cheol
    • Journal of Korean Society of Disaster and Security
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    • v.5 no.2
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    • pp.49-59
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    • 2012
  • The safety management of the emergency exit, by directly related to the $civil^{\circ}$Øs dead in the fire situation, have limited by which the fire station take the on-side and control-centered way of business processing, it is expect to the effects in which the citizen have to concern and to take part. From 2010 years in the back-ground, it is operated nationally the report and reward system on an illegal behavior of the emergency exit, it is happened to the unfit operating situation in the mission and direction of the system up which the exit paparazzi act with intent to receive the reward payments. The study suggests solution through analyzing the illegal emergency exit operation result of sixteen counties and the Seoul metropolitan from year 2010 to 2011. Firstly, the report destination is adjusted to the multiple use establishments and the large-scale multiple use facilities over the limit level is limited under five times the report events of the same people in the minor endorsement. And the fine incomes should be invested to the disaster prevention acting related with the exit. Secondly, for upgrade of the report accuracy, a reporter is received the possible information for the confirmation of an illegal act, has become to lead the pre-monitoring act which the reporter is can to take the safety education and to guide the information about season and vulnerable business location. Finally, considering the support way about the encounter facility, the fire officer is not happen to occur the repetitive report in the same place, is related to the volunteer service system the report acts, consider as the volunteer service time, and must support them to act as the disaster prevention volunteer.

Corrosion-Resisting Performance Evaluation of Concrete Mixed with Fly-Ash (플라이애시 혼합 콘크리트의 철근 부식 저항성능 평가)

  • Park, Sang-Soon
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.21 no.1
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    • pp.117-125
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    • 2017
  • The role of fly ash in concrete become impotent with finding the characteristics of fly ash in which it is used as cement replacement material. In this paper, corrosion test results obtained by two test methods such as the long-term exposure corrosion test and the accelerated corrosion test method, were compared to investigated the corrosion resistance between fly ash concrete and normal concrete. Corrosion initiation time was measured in two types of concrete, i.e., one mixed with fly ash(FA) and the other without admixture(OPC). The accelerated corrosion test was carried out by four case, i.e., two samples is a cyclic drying-wetting method combined without carbonation(case 1) and combined with carbonation(case 2), and the other two samples is a artificial seawater ponding test method combined without carbonation(case 3) and combined with carbonation(case 4). Whether corrosion occurs, it was measures using half-cell potential method. The ponding test combined without carbonation was most effective in accelerating corrosion time of steel bars. The results indicated that the corrosion of rebar embedded in concrete occurred according to the order of OPC, FA. The delay relative ratio of corrosion obtained by corrosion initiation time between FA and OPC is 1.04 to 1.27. Consequently, fly ash concrete as the age increases its corrosion resistance was improved compared with OPC concrete.

Effect of Vapor-Cooled Heat Stations in a Cryogenic Vessel (극저온액체 저장용기에서 열전도 차폐단의 영향)

  • Kim, S.Y.;Kang, B.H.;Choi, H.J.
    • Transactions of the Korean hydrogen and new energy society
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    • v.9 no.4
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    • pp.169-176
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    • 1998
  • An experimental study on effect of vapor-cooled heat stations in a 5.5 liter cryogenic vessel has been performed. The cryogenic vessel is made of stainless steel of thickness of 1mm and insulated by the combined insulation of vacuum, MLI(multi-layer insulation) and vapor-cooled radiation shield. Vapor-cooled heat stations are also constructed based on the 1-dimensional thermal analysis to reduce the heat inleak through a filling tube. Thermal analysis indicates that the vapor-cooled heat stations can substantially enhance the performance of vessel for cryogenic fluids with high $C_p/h_{fg}$ where $C_p$ the specific heat and $h_{fg}$ the heat of vaporization, such as $LH_2$ and LHe. The experimental results for $LN_2$ shows that the total heat inleak into inner vessel consists of 14% radiation and 86% conduction through the filling tube. Therefore, it is expected that the conduction heat in leak of the vessel for high $C_p/h_{fg}$ cryogenic fluids can be significantly reduced. powders. The amount of copper coating was 20wt%. In order to examine corrosion behavior of the electrodes, the corrosion current and the current density, in 6M KOH aqueous solution after removal of oxygen in the solution, were measured by potentiodynamic and cyclic voltamo methods. The results showed that Co in the alloy increased corrosion resistance of the electrode whereas Ni decreased the stability of the electrode during the charge-discharge cycles. The electrode used Si sealant as a binder showed a lower corrosion current density than the electrode used PTFE and the electrode used Cu-coated alloy powders showed the best corrosion resistance.

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Effects of Alloying Elements and Binding Materials on the Corrosion Behavior of Metal Hydride Electrodes (금속수소화물전극의 부식특성에 미치는 합금원소와 결합제의 영향)

  • Lee, Yang-Boum;Choe, Han-Cheol;Park, Ji-Yoon;Kim, Kwan-Hyu
    • Transactions of the Korean hydrogen and new energy society
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    • v.9 no.4
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    • pp.161-167
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    • 1998
  • It has been investigated the effects of alloying elements and binders on the corrosion behavior of metal hydride electrodes for anode of Ni/MH secondary battery. The $AB_5$-type alloys, $(LM)Ni_{4.49}Co_{0.1}Mn_{0.205}Al_{0.205}$ and $(LM)Ni_{3.6}Co_{0.7}Mn_{0.3}Al_{0.4}$, were used for the experiments. The electrodes were prepared by mixing and cold-pressing of alloy powders with Si sealent or PTFE powders, or cold-pressing the electroless copper coated alloy powders. The amount of copper coating was 20wt%. In order to examine corrosion behavior of the electrodes, the corrosion current and the current density, in 6M KOH aqueous solution after removal of oxygen in the solution, were measured by potentiodynamic and cyclic voltamo methods. The results showed that Co in the alloy increased corrosion resistance of the electrode whereas Ni decreased the stability of the electrode during the charge-discharge cycles. The electrode used Si sealant as a binder showed a lower corrosion current density than the electrode used PTFE and the electrode used Cu-coated alloy powders showed the best corrosion resistance.

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Esophageal Atresia without Tracheoesophageal Fistula - Report of 6 Cases - (기관 식도루가 없는 식도폐쇄증 환자의 치료경험)

  • Kim, Seong-Min;Choi, Seung-Hoon;Kim, Sung-Hoon;Kwon, In-Kyu;Han, Seok-Joo;Oh, Jung-Tak
    • Advances in pediatric surgery
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    • v.11 no.2
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    • pp.157-164
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    • 2005
  • Esophageal atresia without tracheoesophageal fistula accounts for 7-11 % of all types of esophageal atresia and is very difficult to treat. In our hospital from 1990 to 2005, we operated upon 40 patients with esophageal atresia, and 6 had pure atresia. The preoperative characteristics, operative findings and post operative course of the six patients with pure atresia were analysed. Immediate gastrostomy was performed in all 6 patients. One patient had simultaneous cervical esophagostomy. Esophageal reconstruction procedures were transhiatal gastric pull up in 3 patients, esophagocologastrostomy utilizing left colon in 1, and transthoracic esophagoseophagostomy with esophageal bougination in 2. Postoperative complications were pneumonia, anastomosis leakage, and gastroesophageal reflux symptom. Conservative management was effective in all patients. A larger series of cases would be required to demonstrate the most effective treatment for this particular anomalous condition.

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A Study on the Characteristics of lawsuits between the Freedom of the Press and Individual Rights over the Investigative Reporting Program (TV탐사보도 프로그램의 법적분쟁에 나타난 특성 연구)

  • Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.29
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    • pp.233-269
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    • 2005
  • The purpose of the study is to explore the characteristics of lawsuits against investigative reporting programs of the broadcast media. This study proposed three research questions: (1) what were the characteristics of court derisions on the investigative reporting programs? (2) what were the reasonings on which judges rely in the lawsuits for a right of reply? (3) what were the critical issues and how the libel laws were applied in balancing between the freedom of the press and the protection of individual rights. To answer these questions, the study employed quantitative and qualitative methods analysing 35 related cases. This study revealed that investigative reporting programs must deal with the Issues of 'public figures' and 'matters of public concern' to be protected under the freedom of the press. The study also found that the broadcast media must prove legitimate public interests and the truth of the facts to prevail in a case. In 1999, the Constitutional Court of Korea held that pubic figures in libel cases must be regarded differently from private figures. In accordance with the decision, the Supreme Court has applied differing criteria for public figures in libel cases. However, courts have not set a clear definition of the public figure yet. To advocate the freedom of the press, as the results of this study indicate, TV producers and journalists should behave lawfully in the course of newsgathering and provide the opportunities of reply for their news sources.

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A Study on the Tort of Public Servant and Liability in State Compensation (공무원의 불법행위와 국가배상책임의 고찰)

  • Yeon, Hwa-Jun
    • Journal of Digital Convergence
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    • v.14 no.6
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    • pp.51-60
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    • 2016
  • The modern state has always followed a variety of risks in the industrialization and informatization trends in the development of science and technology. Under such an environment, A matter of State compensation should take into consideration a variety of values such as harmony relief victims' rights in accordance with the principles of the rule of law, suppression of illegal acts of public servants, ensuring stable performance of official duties, the national treasury stability. As the state takes responsibility for an act of a public servant in a modern constitutional state, there may be a doubt on that the state takes responsibility only when there is a deliberation or a mistake. According to the theory of the self-responsibility, which suits the Constitution, the principle of liability with mistake on the State Compensation Law shall be excluded. I agree to the opinion that a subjective responsibility prerequisite such as a deliberation or a mistake is not required in relation to the liability of reparation on the State Compensation Law. Therefore, it is needed to convert the principle of state liability of reparation from the principle of liability with mistake to the principle of liability without mistake through a fundamental revision of the State Compensation Law.