• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.87-130
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• 2015

In a case in which National Health Insurance Corporation (NHIC) pays medical care expenses to a victim of a traffic accident resulting in injury or death and asks the assailant for compensation of its share in the medical care expenses, as the precedent treats the subrogation of a claim set by National Health Insurance Act the same as that set by Industrial Accident Compensation Insurance Act, it draws the range of its compensation from the range of deduction, according to the principle of deduction after offsetting and acknowledges the compensation of all medical care expenses borne by the NHIC, within the amount of compensation claimed by the victim. However, both the National Health Insurance Act and the Industrial Accident Compensation Insurance Act are laws that regulate social insurance, but medical care expenses in the National Health Insurance Act have a character of 'an underinsurance that fixes the ratio of indemnification,' while insurance benefit on the Industrial Accident Compensation Insurance Act has a character of full insurance, or focuses on helping the insured that suffered an industrial accident lead a life, approximate to that in the past, regardless of the amount of damages according to its character of social insurance. Therefore, there is no reason to treat the subrogation of a claim on the National Health Insurance Act the same as that on the Industrial Accident Compensation Insurance Act. Since the insured loses the right of claim acquired by the insurer by subrogation in return for receiving a receipt, there is no benefit from receiving insurance in the range. Thus, in a suit in which the insured seeks compensation for damages from the assailant, there is no room for the application of the legal principle of offset of profits and losses, and the range of subrogation of a claim or the amount of deduction from compensation should be decided by the contract between the persons directly involved or a related law. Therefore, it is not reasonable that the precedent draws the range of the NHIC's compensation from the principle of deduction after offsetting. To interpret Clause 1, Article 58 of the National Health Insurance Act that sets the range of the NHIC's compensation uniformly and systematically in combination with Clause 2 of the same article that sets the range of exemption, if the compensation is made first, it is reasonable to fix the range of the NHIC's compensation by multiplying the medical care expenses paid by the ratio of the assailant's liability. This is contrasted with the range of the Korea Labor Welfare Corporation's compensation which covers the total amount of the claim of the insured within the insurance benefit paid in the interpretation of Clauses 1 and 2, Article 87 of the Industrial Accident Compensation Insurance Act. In the meantime, there are doubts about why the profit should be deducted from the amount of compensation claimed, though it is enough for the principle of deduction after offsetting that the precedent took as the premise in judging the range of the NHIC's compensation to deduct the profit made by the victim from the amount of damages, so as to achieve the goal of not attributing profit more than the amount of damage to a victim; whether it is reasonable to attribute all the profit made by the victim to the assailant, while the damages suffered by the victim are distributed fairly; and whether there is concrete validity in actual cases. Therefore, the legal principle of the precedent concerning the range of the NHIC's compensation and the legal principle of the precedent following the principle of deduction after offsetting should be reconsidered.

• Korean Journal of Construction Engineering and Management
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• v.24 no.6
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• pp.24-35
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• 2023

Recently, the Ministry of Land, Infrastructure and Transport presented the '6th Construction Technology Promotion Basic Plan' and 'Smart Construction Revitalization Plan (2022.7.20)'. Off-Site Construction (OSC), which involves construction and production of PC (Precast Concrete) and Modular, etc., has advantages in shortening the construction period, reducing costs, improving quality, reducing construction waste, and reducing safety accidents. However, the construction cost is high compared to the traditional RC construction method, which has hindered its utilization and spread. In this study, OSC utilization was improved. An economic analysis indicator and methodology that can support decision-making in the planning and design stages for multi-unit housing were proposed. The factors used in the economic analysis of OSC (based on the PC method) of apartment houses were reviewed. As for the indicators used in the cost and benefit section, 'Construction Period', 'Disaster Occurrence', 'Waste Generation', and 'Greenhouse gas Emission', which reflect the technical advantages of OSC, were derived. In addition, a scenario analysis was conducted based on actual apartment housing case data for the presented economic analysis indicators and benefit calculation standards. The level of benefit that offsets the difference between the existing RC construction method and the construction cost was reviewed. In future studies, it will be necessary to conduct additional case studies to apply the measurement criteria for detailed indicators and supplement the benefit indicators.

• 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.

• Korean Journal of Heritage: History & Science
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• v.48 no.1
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• pp.24-43
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• 2015

This study constitutes an inquiry into the decline of Government Office(官衙) facilities carried out intensively during modern era, focusing on provincial government offices of Jeollabuk-do. There have been several studies of changes in provincial government offices till now, but there have been few studies of government offices of the counties and prefectures(郡縣) during the period of the Japanese Resident-General of Korea and after the National Liberation, temporally and there have still been lacking studies on Jeollabuk-do, spatially. Thus, this study attempts to empirically prove the reasons and the time of the decline of provincial government offices in Jeollabuk-do and the characteristics in the process of decline focusing on modern era. As a result of the study, four factors: demolition, abolition, appropriation and disaster had the most decisive impacts on the decline of government office facilities. Demolition refers to the destruction of government office facilities, and abolition, to the decline and the discontinuation of the operation of the facilities. Appropriation refers to conversion to facilities to meet public functions, and disaster, damage from a typhoon or fire. These factors had already been started from the 1900s, and by the 1930s, most of the government office facilities came to lose their original looks and functions. In the meantime, there was an essential purpose in demolition, the most direct factor in the destruction of the government office facilities in terms of function: that is new construction of public facilities necessary for administration and rule. The existing government office facilities were appropriated, sometimes, but behind that, many cases of demolition of the government office facilities for the new construction of public facilities are found. The appropriation of the government office facilities is divided into educational, administrative, financial and security facilities, and generally, Gaeksa(客舍) and Dongheon(東軒) were used respectively as educational and administrative facilities while their attached facilities were used as financial and public order and security facilities in general. Especially, some government office facilities were utilized as distinctive facilities such as housing or hospital. In the process of appropriation, a lot of modification occurred inside and outside the government office facilities, due to which, the government office facilities gradually declined losing their traditional styles.

• Journal of Korea Water Resources Association
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• v.44 no.10
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• pp.787-795
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• 2011

Extreme water events such as heavy rainfalls due to recent climate change are continually increasing and their scale has also shown an increasing trend. To overcome these natural disasters, this policy study suggests securing lateral river space as an effective method for extreme flood. To support the importance of restoration and expansion of lateral river space, Gumi upstream region of the Nakdong River basin was chosen as a target area and flood reduction analysis of the washland by using LISFLOOD model have been examined. The 500-year frequency flood was simulated for the estimation of possibly occurable flood level and it turns out that the secured lateral river space on the selected site effectively lowers about 0.53 m flood level and reduces the flood damage of the city on the lower reaches of the river. In addition, based on this result, multilateral river space securing plans were compared, and conservation easement and natural disaster insurance were suggested for sustainable and cost-effective alternatives. The costs of land purchase and conservation easement for securing the river space were also compared.

• Journal of the Korean Society of Marine Environment & Safety
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• v.19 no.4
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• pp.366-374
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• 2013

Maritime transportation circumstance is changing rapidly in accordance with the increase of cargo volume between countries and increase of marine leisure activities by improvement of quality of life. And the circumstance for ship operation is also changing due to aging of seafarers and increasing of foreign seafarers. To cope with such changes in maritime environment well, it requires higher safety management skills from shipping companies, the main subject in charge of the safety matter. In this paper, we analyzed domestic and foreign similar system, and then applied imitation strategies for introduction of an unific evaluation and management system that was consist of marine accidents, port state control, ISM Code and so on from shipping companies. We defined that the imitation industry and system are converted accident ration of construction industry and traffic safety excellence company of road transportation, and then extracted relevant law, evaluation index, incentive system as a imitation subject. We also proposed scheme that introduction of basis law, and evaluation tool with marine accidents ratio, port state control & ism code result, and incentives such as immunity of safety inspection or reduction of commission for introduction of company's safety management level evaluation system. Finally, we proposed the imitation timing and plan in stages for system's sustainable development through the prompt introduction and continuous enforcement.

• Journal of the Korean Institute of Gas
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• v.16 no.6
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• pp.87-101
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• 2012

In gas industries, the potential risks of serious accidents have been increased due to high technology application and process complexities. Especially, in case of gas-related accidents, the extent of demage is out of control since gas plants handle and produce combustible, flammable, explosive and toxic materials in large amounts. The characteristics of this kind of disaster is that accident frequency is low, while the impact of damage is high, extending to the neighboring residents, environment and related industries as well as employees involved. The hydrogen gases treated important things and it used the basic material of chemical plants and industries. Since 2000, this gas stood in the spotlight the substitution energy for reduction of the global warming in particular however it need to compress high pressure(more than 150 bar.g) and store by using the special cylinders due to their low molecular weight. And this gas led to many times the fire and explosion due to leak of it. To reduce these kinds of risks and accidents, it is necessary to improve the new safety management system through a risk management after technically evaluating potential hazards in this process. This study is to carry out the quantitative risk assesment for hydrogen filling plant which are very dangerous(fire and explosive) and using a basic materials of general industries. As a results of this risk assessment, identified the elements important for safety(EIS) and suggested the practical management tools and verified the reliability of this risk assessment model through case study of accident.

• Journal of Digital Convergence
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• v.16 no.5
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• pp.43-53
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• 2018

Recently, public service for the improvement of quality of life and life support such as safety, aging, disaster, welfare, housing, economy, urban environment, traffic etc are actively developed based on open public data, and the spread of the network and the necessity of everyday life, smartphones are playing a role in providing public services. Currently, the development of science is changing the life expectancy of human beings and changing into social structure in which aged people become bigger due to various social conditions and low fertility and aging problems. However, the elderly who do not have easy access to information are very uncomfortable in dealing with mobile devices with very low accessibility and utilization of public services provided by mobile phones. Therefore, this study recategorizes the condition of the elderly presented in the previous study and identifies the problem through case analysis provided for the elderly. Also, we summarize the hierarchy of the core items of the existing interface design and derive it as an improvement index of the public service design for the improvement of the information accessibility of the elderly, and propose a design method to improve the utilization of the public service provided through the mobile device.

• The Journal of Society for e-Business Studies
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• v.20 no.1
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• pp.183-199
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• 2015

Due to the Four Major Rivers Restoration Project, Nakdong River Estuary Barrage's designed flood quantity has been largely increased, and this has caused to construct several drainage gates at the right side of Eulsukdo island to secure the safety of downstream river area. For successful functioning of Nakdong River Estuary Barrage, such as flood control, disaster prevention, and the securing of sufficient water capacity, drainage gates at the both sides of island have to operate systematically and reliably. To manage this under restricted personnel and resources, we have implemented the IOS (Integrated Operation System) by integrating previous facilities and resources via information and communication technologies. The IOS has been designed to have higher availability and fault tolerance to function continuously even with the partial system's failure under the emergency situation like flood. Operators can use the system easily and acknowledge alarms of facilities through its IWS (Integrated Warning System) earlier. Preparing for Integrated Water Resources Management and Smart Water Grid, the architecture of IOS conformed to open system standards which will be helpful to link with the other systems easily.

• Journal of Agricultural Extension & Community Development
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• v.12 no.2
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• pp.137-150
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• 2005

Although the rate of women farmer's participation in agricultural activities have been increased upto 52.7 % as of year 2003, Korean society has not fully recognized their roles in rural society. According to the agricultural basic law, most of rural women were engaged in agriculture as full time job, however, only about 11% of them could have supporting evidence of themselves as farmer having legal right. If women farmers faced some unexpected things such as a traffic accident, insurance company would not reward them as farmers unless they provide written proof of their job as farm worker or farm owner. Based on lawyer's legal advice, the authors developed a diary called "Saenghwalilji", a daily diary based on their time use and bookkeeping to prove the fact of their contribution to income generation of the farm. After examination of the diary, 18 persons out of 29 volunteers kept two types of dairy for the period of two weeks, and they reported it was very useful. Finally the better one of two was selected after reflecting the suggestions from the respondents. The "Saenghwalilji", will be very useful proof of women farmer's contribution to income, at the same time improving their farm management through better use of daily life time.