• Title/Summary/Keyword: 입증책임

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A Study on the Necessity of Verification about depot level maintenance plan through the Weapons System cases analysis (무기체계 사례 분석을 통한 창정비개발계획안 검증 필요성 연구)

  • Ahn, Jung-Jun;Kim, Su-Dong
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.20 no.2
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    • pp.76-82
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    • 2019
  • This study has done to search for a solution to remove risk limitedly caused by separating weapon system acquisition from operation and maintenance at the view point of Logistic Commander who's responsible for stable operation and maintenance after acquiring weapon system. At the System development stage, unverified overhaul development plan may cause additional manpower and costs after the development, and furthermore it is likely to have risk to lower reliability of the military. Thus, research and development agency should write overhaul development plan at the System development stage, and it should be verified through evaluation and verification test. Secondly, during research and development, institutional supplementation is needed to calculate human and material resources writing overhaul development plan. Thirdly, it should be able to analyze proper operation & maintenance plan and cost for overhaul plan at the pre-investigation stage. Fourthly, the base which can develop overhaul concept and overhaul factors should be included in the need and need determination document. Lastly, for the weapon system which has small amount of high power figure, project management should be performed to be able to specify at the each acquisition level of weapon system to realize Article 28, clause 3 and 4 of Defense business law.

A Case Study of Configuration Strategy and Context in Everyday Artifacts - Concentrated on analysis by Creativity Template Theory and Artifact Context Model - (일상 디자인산물의 구성배치 전략과 맥락에 관한 연구 - 창조성템플릿이론과 산물맥락모델을 이용한 분석을 중심으로 -)

  • Jin Sun-Tai
    • Archives of design research
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    • v.19 no.4 s.66
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    • pp.41-50
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    • 2006
  • It is generally regarded a design system in post-industrial society, which products designed by in-house designers or design consultancy are manufactured in factory and distributed in market for the consumer. Although it is treated an old design system in traditional society, the traces of vernacular design has been remaining in the state of adopted to the periodical needs in these days, also proving the attribute of design culture to constitute human's material environment as well as existing design systems. There were discovered various design artifacts in daily surroundings vary from the established design in several manners, user modifications or manufactures in everyday lives formalized them. It was approached a case study that analyze the changes of artifact configuration and designer/user context and creation process of the non-professional design artifacts, Creativity Template Theory and ACM(Artifact Context Model) have been utilized for the analysis model. From the analysis result, It assume that the everyday artifacts may be ordinary but extra-ordinary including particular ideas and identity represented by everyday designers or users. Beside these characteristics induce the potentiality that reflect on creative motives for the designers or a complementary artifact generator filling up with drawbacks in established design system. The everyday design domain, various explorations and alternatives are made, is seems to be another design practice domain dissimilar to the one in the industry-based design. Moreover it provides an more easily accessability for the approaching user-friendly design, user customization because they conduct the reliable modeling of consumer and end-user. Finally, based on the exploratory study regarding interpretation of context and configuration in the everyday artifacts, new approach for the design process and design education through more detailed cognitive modeling of everyday designers will be a further study.

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Le Lien de Causalit$\acute{e}$ et la Prescription Extinctive en Mati$\acute{e}$re de Responsabilit$\acute{e}$ M$\acute{e}$dicale en Droit Français (프랑스법상 의사책임분야(醫事責任分野)에서의 인과관계와 소멸시효론에 관한 소고)

  • Park, Soo-Gon
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.367-397
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    • 2014
  • Dans le contentieux m$\acute{e}$dical, il est difficile de prouver l'existence d'un lien de causalit$\acute{e}$ entre la faute m$\acute{e}$dicale et les pr$\acute{e}$judices subis par la victime. R$\acute{e}$partir bien de façon raisonnable la charge de la preuve du lien causal est alors une des questions pr$\acute{e}$occup$\acute{e}$es par la doctrine cor$\acute{e}$enne. La Cour supr$\hat{e}$me cor$\acute{e}$enne semble toutefois facilliter l'indemnisation des victimes dans les cas o$\grave{u}$ la responsabilit$\acute{e}$ du m$\acute{e}$decin a ${\acute{e}}t{\acute{e}}$ mise en cause, et cela en admettant des fois une solution op$\acute{e}$rant un renversement de la charge de la preuve du lien causal. Une telle attitude a ${\acute{e}}t{\acute{e}}$ m$\hat{e}$me affirm$\acute{e}$e dans un arr$\hat{e}$t rendu r$\acute{e}$cemment en cas de dommage caus$\acute{e}$ par le fait du produit de sant$\acute{e}$, notamment pour le cas de contamination virale par voie de transfusion. La Cour a $\acute{e}$galement reconnu que l'action se pr$\acute{e}$scrit $\grave{a}$ partir du moment de la consolidation du pr$\acute{e}$judice. Aux termes de cette $\acute{e}$tude, on pourra constater que le juge français reconna$\hat{i}$t aussi l'assouplissement de la charge de la preuve du lien de causalit$\acute{e}$ en mati$\acute{e}$re d'action m$\acute{e}$dicale. Il faudra toutefois souligner que le ph$\acute{e}$nom$\acute{e}$ne ne soit pas g$\acute{e}$n$\acute{e}$ralis$\acute{e}$ en droit français, d'autant plus que la pr$\acute{e}$somption de l'existence de la causalit$\acute{e}$ en la mati$\grave{e}$re a $\acute{e}$t$\acute{e}$ admise de mani$\grave{e}$re restrictive par la l$\acute{e}$gislation sp$\acute{e}$cifique. Tel $\acute{e}$tait notamment le cas pour les accidents de la contamination par le virus du sida ou de l'h$\acute{e}$patite C survenus apr$\grave{e}$s la transfusion. En d$\acute{e}$finitive, on peut dire qu'en droit français, le principe est maintenu en cas de manquement $\grave{a}$ une obligation de r$\acute{e}$sultat n$\acute{e}$e du contrat m$\acute{e}$dical, tandis que la Cour de cassation admet parfois en mati$\grave{e}$re de droit commun de la responsabilit$\acute{e}$ contractuelle la pr$\acute{e}$somption de causalit$\acute{e}$ en cas d'inex$\acute{e}$cution des obligations de r$\acute{e}$sultat. En fait, la pr$\acute{e}$somption de causalit$\acute{e}$ dans le contentieux m$\acute{e}$dical pourra mener les m$\acute{e}$decins $\grave{a}$ se diriger vers les traitements d$\acute{e}$fensifs. Cette situation peut m$\hat{e}$me conduire $\grave{a}$ emp$\hat{e}$cher le d$\acute{e}$veloppement de la science m$\acute{e}$dicale, enfin $\grave{a}$ une situation d$\acute{e}$savantageuse aux patients. Il y a alors lieu de se m$\acute{e}$fier des int$\acute{e}$r$\hat{e}$ts d$\acute{e}$s$\acute{e}$quilibr$\acute{e}$s entre le m$\acute{e}$decin et le patient. De ce point de vue, on peut estimer que le droit français donne des suggestions aux juristes cor$\acute{e}$ens dans la recherche des solutions plus ad$\acute{e}$quates en ce qui concerne la charge de la preuve du lien causal en mati$\acute{e}$re de responsabilit$\acute{e}$ m$\acute{e}$dicale.

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Screening of the Optimum Filter Media in the Constructed Wetland Systems through Phosphorus Adsorption Capacities (인의 흡착능 평가를 통한 인공습지 하수처리 시스템의 여재 선발)

  • Lee, Hong-Jae;Seo, Dong-Cheol;Cho, Ju-Sik;Heo, Jong-Soo
    • Korean Journal of Environmental Agriculture
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    • v.22 no.2
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    • pp.148-152
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    • 2003
  • The phosphorus(P) adsorption capacities of various filter media were investigated in relation to the size and types of fitter media to screen the optimum condition. The objective of this study was to evaluate the constructed wetland longevity by improving P adsorption capacity. The maximum P adsorption capacities of filter media A($4{\sim}10\;mm$), B($2{\sim}4\;mm$) and C($0.1{\sim}2\;mm$) were 8, 10 and 22 mg/kg, respectively, showing those increased as the filter media size decreased. Among the experimental media, the optimum filter media size was $0.1{\sim}2\;mm$. When the filter Medium was supplemented with organic materials which were piled up and decayed in the constructed wetland, the P adsorption capacity was significantly enhanced Under the conditions of optimum fitter media size, the respective Maximum P adsorption capacities of filter media C when supplemented with Ca, Mg, Al and Fe were higher than that of filter media C. However the addition of Ca, Mg, Al and Fe to constructed wetland were not recommended because of the possibility of their secondary pollution. The maximum P adsorption capacity of filter media C was 22 mg/kg, but this was increased to 36 mg/kg when filter media C was supplemented with 2% oyster shell.

Review of 2011 Major Medical Decisions (2011년 주요 의료 판결 분석)

  • Yoo, Hyun-Jung;Seo, Young-Hyun;Lee, Jung-Sun;Lee, Dong-Pil
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.199-247
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    • 2012
  • According to the review and analysis of medical cases that are assigned to the Supreme Court and all local High Court in 2011 and that are presented in the media, it was found that the following categories were taken seriously, medical and pharmaceutical product liability, the third principle of trust between medical institutions, negligence and causation estimation, responsibility limit, the meaning of medical records and related judgment of disturbed substantiation, Oriental doctors' duties to explain the procedures, IMS events, whether one can claim for each medical care operated by non-physician health care institutions to the nonmedical domain in the National Health Insurance Corporation, and the basis of norms for each claim. In the cases related to medical pharmaceutical product liability, Supreme Court alleviated burden of proof for accidents with medical and pharmaceutical products prior to the practice of Product Liability Law and onset the point of negative prescription as the time of damage strikes to condition feasibility of the specific situation. In the cases related to the 3rd principle of trust between medical institutions, the Supreme Court refused to sentence the doctor who has trusted the judgment of the same third-party doctors the violations of the care duty. With respect to proof of a causal relationship and damages in a medical negligence case, the Supreme Court decided that it is unjust to deny negligence by the materials of causal relationship rejecting the original verdict and clarified that the causal relationship shall not deny the reasons to limit doctors' responsibilities. In order not put burden on patients with disadvantages in which medical records and the description of the practice or the most fundamental and important evidence to prove negligence and causation are being neglected, the Supreme Court admitted in the hospital's responsibility for the case of the neonate death of suffocation without properly listed fetal heart rate and uterine contraction monitor. On the other hand, the Seoul Western District Court has admitted alimony for altering and forging medical records. With respect to doctors' obligations to description, the Supreme Court decided that it is necessary to explain the foreseen risks by the combination of oriental and western medicines emphasizing the right of patient's self-determination. However, questions have arisen whether it is realistically feasible or not. In a case of an unlicensed doctor performing intramuscular stimulation treatment (IMS), the Supreme Court put off its decision if it was an unlicensed medical practice as to put limitation of eastern and western medical practices, but it declared that IMS practice was an acupuncture treatment therefore the plaintiff's conduct being an illegal act. In the future, clear judgment on this matter should be made. With respect to the claim of bills from non-physical health care institutions, the Supreme Court decided to void it for the implementation of the arrangement is contrary to the commitments made in the medical law and therefore, it is invalid to claim. In addition, contrast to the private healthcare professionals, who are subject to redemption according to the National Healthcare Insurance Law, the Seoul High Court explicitly confirmed that the non-professionals who receive the tort operating profit must return the unjust enrichment and have the liability for damages. As mentioned above, a relatively wide range of topics were discussed in medical field of 2011. In Korea's health care environment undergoing complex changes day by day, it is expected to see more diverse and in-depth discussions striding out to the development in the field of health care.

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The Definition of Connecting Flight and Extraterritorial Application of Regulation (EC) No 261/2004: A Case Comment on Claudia Wegener v. Royal Air Maroc SA [2018] Case C-537/17 (EC 261/2004 규칙의 역외적용과 연결운항의 의미 - 2018년 EU사법재판소 Claudia Wegener v. Royal Air Maroc SA 판결의 평석 -)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.103-125
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    • 2020
  • This paper reviews the EU Case, Claudia Wegener v. Royal Air Maroc SA [2018] ECLI:EU:C:2018:361, Case C-537/17. It analyzes some issues as to Wegener case by examining EU Regulations and practical point of views. Article 3(1)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, entitled scope, provides: "this Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier." ECJ held that must be interpreted as meaning that Regulation (EC) No 261/2004 applies to a passenger transport effected under a single booking and comprising, between its departure from an airport situated in the territory of a Member State and its arrival at an airport situated in the territory of a third State, a scheduled stopover outside the European Union with a change of aircraft. According to the Court, it is apparent from the regulation and case-law that when, as in the present case, two (or more) flights are booked as a single unit, those flights constitute a whole for the purposes of the right to compensation for passengers. Those flights must therefore be considered as one and the same connecting flight.