• Title/Summary/Keyword: 제도 타당성

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Compensation for Personal Injury and the Insurer's Claim for Indemnity - Focused on the NHIC's Claim for Indemnity - (인신사고로 인한 손해배상과 보험자의 구상권 - 국민건강보험공단의 구상권을 중심으로 -)

  • Noh, Tae Heon
    • 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.

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The research for the yachting development of Korean Marina operation plans (요트 발전을 위한 한국형 마리나 운영방안에 관한 연구)

  • Jeong Jong-Seok;Hugh Ihl
    • Journal of Navigation and Port Research
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    • v.28 no.10 s.96
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    • pp.899-908
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    • 2004
  • The rise of income and introduction of 5 day a week working system give korean people opportunities to enjoy their leisure time. And many korean people have much interest in oceanic sports such as yachting and also oceanic leisure equipments. With the popularization and development of the equipments, the scope of oceanic activities has been expanding in Korea just as in the advanced oceanic countries. However, The current conditions for the sports in Korea are not advanced and even worse than underdeveloped countries. In order to develop the underdeveloped resources of Korean marina, we need to customize the marina models of advanced nations to serve the specific needs and circumstances of Korea As such we have carried out a comparative analysis of how Austrailia, Newzealand, Singapore, japan and Malaysia operate their marina, reaching the following conclusions. Firstly, in marina operations, in order to protect personal property rights and to preserve the environment, we must operate membership and non-membership, profit and non-profit schemes separately, yet without regulating the dress code entering or leaving the club house. Secondly, in order to accumulate greater value added, new sporting events should be hosted each year. There is also the need for an active use of volunteers, the generation of greater interest in yacht tourism, and the simplification of CIQ procedures for foreign yachts as well as the provision of language services. Thirdly, a permanent yacht school should be established, and classes should be taught by qualified instructors. Beginners, intermediary, and advanced learner classes should be managed separately with special emphasis on the dinghy yacht program for children. Fourthly, arrival and departure at the moorings must be regulated autonomically, and there must be systematic measures for the marina to be able, in part, to compensate for loss and damages to equipment, security and surveillance after usage fees have been paid for. Fifthly, marine safety personnel must be formed in accordance with Korea's current circumstances from civilian organizations in order to be used actively in benchmarking, rescue operations, and oceanic searches at times of disaster at sea.

MICROHARDNESS AND SURFACE ROUGHNESS OF SEALANT AND FLOWABLE COMPOSITE RESINS (치면열구전색제와 유동성 복합 레진의 미세 경도 및 표면 조도의 비교)

  • Yang, Kyu-Ho;Choi, Nam-Ki;Kim, Seon-Mi;Choi, Ji-Eun
    • Journal of the korean academy of Pediatric Dentistry
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    • v.36 no.3
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    • pp.440-447
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    • 2009
  • This study was performed to compare the wear resistance of sealant and flowable resins for analyzing the effect of flowable resin as a sealant in preventive resin restorations. Specimens were made and Vicker's hardness number and surface roughness were measured. SEM observations of the polished and abraded surfaces were established. Kruskal-Wallis rank test and Mann-Whitney U test at the significant level of ${\alpha}$=0.05 were used. The following results were obtained: 1. The microhardness was decreased among groups in following order: Z350 (3M ESPE, U.S.A), Estelite (Tokuyama Dental, Japan) and Ultraseal (Ultradent, U.S.A). There were significant differences in all groups (p<0.0001). 2. The surface roughness was decreased among groups in following order: Ultraseal XT plus, Palfique Estelite LV and Filtek Z350 flowable. However, there is no statistically significant differences in roughness among Estellite, Z350 and Ultraseal at the significance level of ${\alpha}$=0.05, with p=0.116 3. SEM observation of the unworn and worn surfaces revealed the qualitative differences in the wear appearance among groups. The results in this study indicate that flowable resin is better than sealant in aspect of physical properties.

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Development of a Theme-Selection Activity in 'Clothing Life' in Relation to SDGs for the Free Semester Program (지속가능발전목표(SDGs) 성취를 위한 의생활 자유학기제 주제선택활동 프로그램 개발)

  • Choi, Ye Ji;Park, Mi-Jeong;Shim, Huen-Sup
    • Journal of Korean Home Economics Education Association
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    • v.32 no.3
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    • pp.27-48
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    • 2020
  • The purpose of this study is to develop a theme-selection activity in 'clothing life' in relation to SDGs(Sustainable Development Goals) for the free semester program. After analyzing the contents of the 'clothing life' area of middle school home economics textbooks based on the SDGs, the content system and learning goals were set. Then a program was developed and the validity and the feasibility of the program were verified. As a result of the analysis of textbooks, the contents of 'clothing life' included all the three basic dimensions of social development, economic growth, and environment protection, yet focus only on 1 or 2 goals of each area. Based on the results of the analysis, a 'Righteous(義) Clothing(衣) Life' program was developed. The developed program consists of teaching-learning process plans and teaching-learning materials in eight class periods, including 'The future everyone dreams of' based on SDG12, 'Two faces of fast fashion' based on SDG1, SDG5, SDG8, SDG10, 'Living as Homoclimatus' based on SDG13, and 'The future we create' based on SDG9 and SDG12. Through the expert evaluation process for the developed program, the program's teaching and learning adequacy and feasibility were reviewed and feedback was actively reflected to correct and supplement the program. Through this study, it is expected that it will contribute to laying the foundation for establishing home economics as a subject that educates citizens who practice sustainable life, and a pivotal subject in education for sustainable development.

In Vitro AChE Inhibition Tests of Insecticides Using Electric eel and Housefly AChE (전기뱀장어 및 집파리 AChE를 이용한 살충제의 In Vitro AChE 저해 시험)

  • 이시혁;이준호;조광연
    • Korean journal of applied entomology
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    • v.31 no.2
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    • pp.122-132
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    • 1992
  • Experiments were conducted to establish an in vitro AChE inhibition test system to evaluate the potency of AChE inhibition of new chemical compounds. For a fixed time inhibition test, optimal inhibition (incubation) time to evaluate their AChE inhibition potency was 10 min. for AChE inhibitors such as DFP, DDVP, and paraoxon. The concentration of new chemical compounds with an ester group for evaluation of their inhibition potency was 10 $\mu$M under 10 min. preincubation conditions. However, the stepwise inhibition test with higher concentrations seemed to be needed for other chemical compounds. For a progressive inhibition test to calculate inhibition constants such as $K_d$, $K_3$ and $K_i$, extremely low $K_d(1.3\times10-^85.6\times10^{-7})$ and $K_3$(0. 21-0.27 $min^{-1}$) were observed under lagged preincubation time (0.8-13.3 min) and low in¬hibitor concentrations $(1\times10-^92\times10-^6M)$. However, this method seemed to be useful for comparison of AChE inhibition potency among inhibitors. Differences in inhibition potency among DFP, paraoxon, and KH501 were due to the differences in $K_d$, in other words, differences in affinities between inhibitors and AChEs. Therefore, AntiChE screening should consist of two steps. The first step is to evaluate the potency of AChE inhibition based on $I_50$ valuse obtained from fixed time inhibition tests. The second step is to study inhibition patterns and characteristics of chemical compounds selected in the first step.

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Development of an accreditation system for dietary and nutrition related education resources (영양.식생활 교육자료의 인증 시스템 개발 연구)

  • Kim, Ji-Myung;Lee, Kyoung Ae;Park, Yoo Kyoung;Lee, Kyung-Hea;Oh, Sang Woo;Lee, Hee Seung
    • Journal of Nutrition and Health
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    • v.47 no.2
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    • pp.145-156
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    • 2014
  • Purpose: The purpose of this study was to establish accreditation systems of reliable educational materials for nutrition and dietary life which could be used in schools, workplace, and health promotion. Methods: The study was conducted from April 2011 to October 2011. Literature reviews, institutional visits, and telephone interviews were conducted. Expert meetings and advisory councils were held in order to receive feedback on development of the accreditation systems. A survey was conducted for the accreditation procedures on 143 professionals, including professors, researchers, health and medical experts, teachers, nutrition teachers, dietitians, and clinical nutritionists. Results: The final procedure of the developed accreditation system was finalized as follows: 1) receiving application twice per year 2) complete desk review (written evaluation) by three reviewers within two months, 3) board review (all board members) and decision, and 4) notification of results. The accreditation system is set for printed materials, web-site, and materials for activities. The certificate and accreditation mark is issued to the final certified educational materials. Expiration date is established only for the web-site form. The accreditation length lasts for two years, and can be extended by renewal application. Conclusion: The dietary and nutrition related materials, which are certificated by this accreditation system, could impart reliable information and knowledge to both learners and educators, and help them in effective selection of educational materials. Therefore, this accreditation system might be expected to increase satisfaction for teaching and learning about nutrition and healthy dietary life.

Workplace Friendship and Organizational Effectiveness of Dental Hygienists (치과의료기관 근무자들의 프렌드십과 조직효과성 관계 연구)

  • Yoo, Youngsuk;Seo, Youngjoon;Kim, Sungho
    • Journal of dental hygiene science
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    • v.12 no.6
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    • pp.644-651
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    • 2012
  • This study purports to measure the level of work friendship in dental clinic and examines the friendship's effect on the organizational effectiveness. Data were collected from workers who worked in dental clinic located in Seoul and Gyeonggi areas by self-administered questionnaires from early in October till lately in September, 2009 through direct interview and e-mail. Among 250 questionnaires, 240 responses were returned, and 17 copies with an inaccurate answer were excluded. Finally 223 responses were analyzed through SPSS program. The study revealed that the work friendship in dental clinic has enormous influence on job satisfaction, occupational commitment, intent to leave, stress etc. The results imply that the managers of the dental clinics need to create an organizational climate which emphasizes on a good relationship among members and have them take part in various committees or informal activities.

Study on the Selecting of Suitable Sites for Integrated Riparian Eco-belts Connecting Dam Floodplains and Riparian Zone - Case Study of Daecheong Reservoir in Geum-river Basin - (댐 홍수터와 수변구역을 연계한 통합형 수변생태벨트 적지 선정방안 연구 - 금강 수계 대청호 사례 연구 -)

  • Bahn, Gwonsoo;Cho, Myeonghyeon;Kang, Jeonkyeong;Kim, Leehyung
    • Journal of Wetlands Research
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    • v.23 no.4
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    • pp.327-341
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    • 2021
  • The riparian eco-belt is an efficient technique that can reduce non-point pollution sources in the basin and improve ecological connectivity and health. In Korea, a legal system for the construction and management of riparian eco-belts is in operation. However, it is currently excluded that rivers and floodplains in dam reservoir that are advantageous for buffer functions such as control of non-point pollutants and ecological habitats. Accordingly, this study presented and analyzed a plan to select a site for an integrated riparian ecol-belt that comprehensively evaluates the water quality and ecosystem characteristics of each dam floodplain and riparian zone for the Daecheong Dam basin in Geum River watershed. First, the Daecheong Dam basin was divided into 138 sub-basin with GIS, and the riparian zone adjacent to the dam floodplain was analyzed. Sixteen evaluation factors related to the ecosystem and water quality impact that affect the selection of integrated riparian eco-belt were decided, and weights for the importance of each factor were set through AHP analysis. The priority of site suitability was derived by conducting an integrated evaluation by applying weights to sub-basin by floodplains and riparian zone factors. In order to determine whether the sites derived through GIS site analysis are sutiable for actual implementation, five sites were inspected according to three factors: land use, pollution sources, and ecological connectivity. As a result, it was confirmed that all sites were appropriate to apply integrated riparian ecol-belt. It is judged that the riparian eco-belt site analysis technique proposed through this study can be applied as a useful tool when establishing an integrated riparian zone management policy in the future. However, it might be necessary to experiment various evaluation factors and weights for each item according to the characteristics and issues of each dam. Additional research need to be conducted on elaborated conservation and restoration strategies considering the Green-Blue Network aspect, evaluation of ecosystem services, and interconnection between related laws and policy and its improvements.

New Synthesis of Sestamibi and Comparison of Stability of Its Formulation (Sestamibi의 신규합성과 제제화에 따른 안정성 비교)

  • Son, Mi-Won;Lim, Joong-In;Chang, Young-Soo;Jung, Mi-Young;Jeong, Lak-Shin;Kim, Soon-Hoe;Kim, Won-Bae;Jeong, Jae-Min
    • The Korean Journal of Nuclear Medicine
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    • v.35 no.5
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    • pp.334-341
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    • 2001
  • Purpose: Ascorbic acid us known to act as an antioxidant. Therefore, it can be used in increasing the efficiency of radiochemical labeling of Technetium-99m setamibi by inhibition of oxidation of $Sn^{2+}$ at low concentration. We intended to estimate the efficiency of radiochemical labeling and the stability of the newly formed formulation when ascorbic acid was added to a commercial kit. Materials and Methods: Synthesis of sestamibi was performed according to Dong-A's patent procedure (No.10-2001-0012877). First, we undertook a study to evaluate the efficiency of radiochemical labeling of sestamibi containing ascorbic acid. The stability of the vials was assessed using either $7.5{\mu}g\;or\;75{\mu}g$ of ascorbic acid, added to commercial vials under the accelerated condition(Temp : $40^{\circ}C{\pm}2^{\circ}C$, Relative humidity : $75{\pm}5%$). Results: Sestamibi was synthesized in overall 35-40% yield over 5 steps from a commercially available methallyl chloride as a starling material. When ascorbic acid was added, the efficiency of radiochemical labeling was maintained compared to the vial with no ascorbic acid. The accelerated test showed that the addition of ascorbic acid inhibited the oxidation of $Sn^{2+}$ ion by antioxidation mechanism. Also, the efficiency of radiochemical labeling of this vial after 9 months was nearly the same as the starting point. Therefore, the storage period of the kit is likely to be extended. Taken together, it suggests that the addition of ascorbic acid as a stabilizer is desirable. Conclusion: To increase the stability of a sestamibi cold kit, it is desirable to add ascorbic acid as a stabilizer to the commercial formulation.

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Soil Testing for Potassium in Upland Soils -Review on the Methodologies- (밭토양(土壤)에 대(對)한 가리(加里) 검정(檢定))

  • Hong, Chong Woon
    • Korean Journal of Soil Science and Fertilizer
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    • v.10 no.3
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    • pp.153-170
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    • 1977
  • Considering the ways for the possible improvement of soil test for upland crops, various methods for the evaluation of K supplying power and testing of available soil K were reviewed in terms of theoretical principles and practical usefulness of the each method. The review was also made on the characteristics of upland crops in K requirement and on the chemical properties of major korean upland and lowland rice soils in terms of K availability. Following is the few remarks drawn from the review. 1. Quite large number of methods have been known for the evaluation of K supplying power and testing for available soil K. In nature, they can be divided into two categories; capacity-based methods and intensity-based methcds. The capacity-based methods usually measure the exchangeable and some portion of nonexchangeable K, while the intensity-based methods suggest to consider the ractivity ratios of major cations in soil solution and the energy requirement for the replacement of exchangeable soil K into soil solution. 2. As methodology for extraction of interested part of soil K, chemical extraction, electrodialysis and ion exchange methods have been known. Among these, chemical extract ion is favorable because of its simplicity. However, recently suggested Electro-Ultra-Filtration method seems to merit further study for wider use for not only K but also other nutrient availability of soils. 3. The intensity-based methods, although they are more theoretical, because of their complexity, in methods may not be adapted for practical soil tests. 4. The exchangeable K which is rather simple to measure and which well reflects the status of K reserve as nonexchangeable and is immediate pool of water soluble K may be good, if not best, criterion of soil K availability to plant in common soil testing. 5. Because there are evidences that the abundance of available K alone may not be good inclication for availability of K to plant, it is recommendable to interprete the exchangeable K data as percent saturation of exchangeable K to total C. E. C. of soil for the recommend ation of K fertilizer based on soil tests. 6. Some pot and field trial results showed the trends that percent potassium saturation to total C. E. C. better serve as the parameter for K fertilizer recommendation.

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