• Title/Summary/Keyword: 중복피해

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Review of 2019 Major Medical Decisions (2019년 주요 의료판결 분석)

  • Yoo, Hyun Jung;Park, Noh Min;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun;Park, Tae Shin
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.107-152
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    • 2020
  • During the main ruling in 2019, a number of rulings that were of interest or meaningful were handed down, such as just because the complication of medical practice has occurred, there is no presumption of negligence, a case involving a fall accident in which a lot of culpability has recently been made. the death of a well-known singer that caused a sensation, a case about damages caused by MERS in 2015, which is more meaningful in connection with damages caused by COVID-19, an infectious disease that has recently hit the world, including Korea. In preaching the principles of the law, just because there has been a complication caused by medical practice, there is no presumption of negligence, 'The scope of the complication without presumption of negligence' was determined differently by the court, the court was not able to specify the criteria. Specific circumstances were presented to limit the responsibility of the medical institution while acknowledging the malpractice of the medical institution in relation to the fall accident. In relation to the scope of damages, judgment was made on issues related to the calculation of lost profits of medical malpractice; criteria for determining celebrities' daily income, criteria for determining daily income in case of receiving survivor's pension due to medical accident, an incident in which the daily income is denied if the labor capacity is already lost at the time of a medical accident. But, it seems that judgments should be made based on clearer and more reasonable standards. Related to Medical Advertise, specific logic of judgment was presented as to whether it was interpreted as being in accordance with the specific prohibition listed in Article 27 paragraph 3 of the Medical Law, which is the criterion for violation of the Medical Law, or if it constitutes a significant harm to the order of the medical market. In response to the prohibition of operating the multiple medical institutions, the Constitutional Court decided that it was constitutional because it did not violate the regulations on excessive funding, and rationally limited the scope of the prohibited 'redundant operation'. The Supreme Court ruled for the first time that even a medical institution established and operated in violation of the Medical Service Act did not make it impossible to receive all medical care benefits implemented by a medical institution under the National Health Insurance Act. Significant rulings were finalized that recognized the existence of specific protection obligations for the people of the country in the management of infectious diseases.

3D-Numerical Simulation of Wave Pressure Acting on Caisson and Wave Characteristics near Tip of Composite Breakwater (혼성방파제의 케이슨에 작용하는 파압과 선단 주변에서 파랑특성에 관한 3차원수치시뮬레이션)

  • Choi, Goon-Ho;Jun, Jae-Hyoung;Lee, Kwang-Ho;Kim, Do-Sam
    • Journal of Korean Society of Coastal and Ocean Engineers
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    • v.32 no.3
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    • pp.180-201
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    • 2020
  • It has been widely known that the effect of diffracted waves at the tip of composite breakwater with finite length causes the change of standing wave height along the length of breakwater, the spatial change of wave pressure on caisson, and the occurrence of meandering damage on the different sliding distance in sequence. It is hard to deal with the spatial change of wave force on trunk of breakwater through the two-dimensional experiment and/or numerical analysis. In this study, two and three-dimensional numerical techniques with olaFlow model are used to approach the spatial change of wave force including the impulsive breaking wave pressure applied to trunk of breakwater, the effect of rear region, and the occurrence of diffracted waves at the tip of caisson located on the high crested rubble mound. In addition, it is thoroughly studied the mean wave height, mean horizontal velocity, and mean turbulent kinetic energy through the numerical analysis. In conclusion, it is confirmed that the larger wave pressure occurs at the front wall of caisson around the still water level than the original design conditions when it generates the shock-crushing wave pressure checked by not two-dimensional analysis, but three-dimensional analysis through the change of wave pressure applied to the caisson along the length of breakwater.

An Experimental Study on the Stability of Breakwater Head by the Wave Directional Effects (입사파의 방향성효과에 의한 방파제 제두부의 안정성에 관한 실험적 연구)

  • SOHN Byung-Kyu;KIM Hong-Jin;RYU Cheong-Ro
    • Korean Journal of Fisheries and Aquatic Sciences
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    • v.34 no.6
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    • pp.713-719
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    • 2001
  • The aim of this study is to check the application criteria of the conventional techniques and clarify the effects of breaker depth, seabed conditions on the stability in relation to the effects of uncertainty of storm duration and directional irregular waves. The typical damage modes were divided by the direct wave force on the armor unit and by the local scouring around the toe of a breakwater head by the model experiments. The destruction modes are defined, and some criteria on the damage modes and scouring/deposition at the toe of a breakwater head in relating the wave-bottom-structural conditions can be checked using the multi-directonal irregular wave generator system. According to the results, it is emphasized that the 3-D effects on the stability should be analyzed in the design of multi-purpose/function coastal structures in consideration of the evaluation of spatial variation of damage modes and hydraulic characteristics as well as the wave distribution along the structures.

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A Study on the Selection of Types of Social Disasters by Region (시·도별 사회재난 중점유형 선정에 관한 연구)

  • Lee, Hyo Jin;Yun, Hong Sic;Han, Hak
    • Journal of the Society of Disaster Information
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    • v.17 no.2
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    • pp.206-217
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    • 2021
  • Purpose: Recently, a series of large social disasters have led to a lot of research to prevent social disasters as well as natural disasters and reduce damage. However, this paper aims to select the types of social disasters that local governments should focus on and create basic data for effective countermeasures and mitigation efforts. Method: Among 43 types of disasters announced by the Ministry of Public Administration and Security, 11 types of disasters were selected and collected to select the main types of disasters, and risk types were derived by region with risk maps. In order to derive the risk map, each detailed index was rescheduled to be 0-1 and weights were determined through entropy technique. Result: As a result, about 41% of the major disasters announced by the Ministry of Public Administration and Security were consistent, and the rest of the major types were disasters that could not be obtained or have not occurred in the past 20 years. Conclusion: Therefore, in order to establish an effective prevention and recovery plan for social disasters through this study, it was intended to present social disaster-focused disasters for each local government.

Analysis on Mapping Accuracy of a Drone Composite Sensor: Focusing on Pre-calibration According to the Circumstances of Data Acquisition Area (드론 탑재 복합센서의 매핑 정확도 분석: 데이터 취득 환경에 따른 사전 캘리브레이션 여부를 중심으로)

  • Jeon, Ilseo;Ham, Sangwoo;Lee, Impyeong
    • Korean Journal of Remote Sensing
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    • v.37 no.3
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    • pp.577-589
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    • 2021
  • Drone mapping systems can be applied to many fields such as disaster damage investigation, environmental monitoring, and construction process monitoring. To integrate individual sensors attached to a drone, it was essential to undergo complicated procedures including time synchronization. Recently, a variety of composite sensors are released which consist of visual sensors and GPS/INS. Composite sensors integrate multi-sensory data internally, and they provide geotagged image files to users. Therefore, to use composite sensors in drone mapping systems, mapping accuracies from composite sensors should be examined. In this study, we analyzed the mapping accuracies of a composite sensor, focusing on the data acquisition area and pre-calibration effect. In the first experiment, we analyzed how mapping accuracy varies with the number of ground control points. When 2 GCPs were used for mapping, the total RMSE has been reduced by 40 cm from more than 1 m to about 60 cm. In the second experiment, we assessed mapping accuracies based on whether pre-calibration is conducted or not. Using a few ground control points showed the pre-calibration does not affect mapping accuracies. The formation of weak geometry of the image sequences has resulted that pre-calibration can be essential to decrease possible mapping errors. In the absence of ground control points, pre-calibration also can improve mapping errors. Based on this study, we expect future drone mapping systems using composite sensors will contribute to streamlining a survey and calibration process depending on the data acquisition circumstances.

A Study on Typology and the Casual factors of Elderly-abuse (노인학대 유형화 및 유형결정요인 연구)

  • Lee, Yun-Kyung;Kim, Mee-Hye
    • 한국노년학
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    • v.28 no.4
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    • pp.1165-1178
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    • 2008
  • The objectives of this study are developing the new types of elderly abuse and finding the variables affecting the new elderly abuse type. And This is at suggesting the intervention strategies preventing the elderly abuse. The 350 cases of elderly abuse reported in Elder Protection Agency was analysed. Data is analyzed by using statistical techniques including cluster analysis and logit-regression. New type of elderly abuse is "violent elderly abuse" and "avoiding elderly abuse". Violent elderly abuse is very connected with directly violence speech and behavior and avoiding elderly abuse is connected with neglect and abandonment, self-neglect. The elderly's instrumental activity of daily living and education, the offender's sex and education and living together type of the elderly - the offender, and the offender's care burden are the casual factors of the new type of elderly abuse. Based on the results, the various service programmes for the abused elderly is developed and implemented.

A Study on Analysis and Improvement of Contents of Domestic Disaster & Safety Education (국내 재난안전교육 컨텐츠 분석 및 개선방안 연구)

  • Chung, Hee-Soo;Song, Chang-Geun
    • Journal of Convergence for Information Technology
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    • v.12 no.1
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    • pp.76-82
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    • 2022
  • Recently, natural and social disasters in Korea are increasing, and new disasters such as COVID 19 and sinkholes, and large-scale disasters that combine natural and social disasters are occurring frequently. In order to reduce damage caused by disasters and effectively respond to disasters, the importance of disaster safety education is emerging because it is necessary to understand the awareness of disaster situations and the functional response process. Ministry of Public Interior and Security is providing disaster safety education for emergency managers through 54 specialized disaster safety education institutions. There is also a lack of experience facilities. This has a problem in that it makes it difficult for disaster safety personnel to effectively respond to disasters due to lack of experience in actual disaster sites. Also, unlike other education fields, the connection between disaster safety education contents and new technologies such as AI is still lacking. In this study, focusing on natural disaster, the current status and problems of domestic disaster safety education institutions and their contents are investigated and analyzed, and based on this, this study suggested improvement plans for domestic disaster safety education contents such as establishment of a unified disaster safety standard curriculum, production and distribution of disaster safety education experience contents using virtual reality technology and infotainment technology, and development of mobile AI tutoring service.

A Study on the Tree Surgery Problem and Protection Measures in Monumental Old Trees (천연기념물 노거수 외과수술 문제점 및 보존 관리방안에 관한 연구)

  • Jung, Jong Soo
    • Korean Journal of Heritage: History & Science
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    • v.42 no.1
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    • pp.122-142
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    • 2009
  • This study explored all domestic and international theories for maintenance and health enhancement of an old and big tree, and carried out the anatomical survey of the operation part of the tree toward he current status of domestic surgery and the perception survey of an expert group, and drew out following conclusion through the process of suggesting its reform plan. First, as a result of analyzing the correlation of the 67 subject trees with their ages, growth status. surroundings, it revealed that they were closely related to positional characteristic, damage size, whereas were little related to materials by fillers. Second, the size of the affected part was the most frequent at the bough sheared part under $0.09m^2$, and the hollow size by position(part) was the biggest at 'root + stem' starting from the behind of the main root and stem As a result of analyzing the correlation, the same result was elicited at the group with low correlation. Third, the problem was serious in charging the fillers (especially urethane) in the big hollow or exposed root produced at the behind of the root and stem part, or surface-processing it. The benefit by charging the hollow part was analyzed as not so much. Fourth, the surface-processing of fillers currently used (artificial bark) is mainly 'epoxy+woven fabric+cork', but it is not flexible, so it has brought forth problems of frequent cracks and cracked surface at the joint part with the treetextured part. Fifth, the correlation with the external status of the operated part was very high with the closeness, surface condition, formation of adhesive tissue and internal survey result. Sixth, the most influential thing on flushing by the wrong management of an old and big tree was banking, and a wrong pruning was the source of the ground part damage. In pruning a small bough can easily recover itself from its damage as its formation of adhesive tissue when it is cut by a standard method. Seventh, the parameters affecting the times of related business handling of an old and big tree are 'the need of the conscious reform of the manager and related business'. Eighth, a reform plan in an institutional aspect can include the arrangement of the law and organization of the old and big tree management and preservation at an institutional aspect. This study for preparing a reform plan through the status survey of the designated old and big tree, has a limit inducing a reform plan based on the status survey through individual research, and a weak point suggesting grounds by any statistical data. This can be complemented by subsequent studies.

A Study of the Force Majeure as Immunity by 3rd Party Liability of the Aircraft-Operator -With respect to the German Aviation Act- (항공기운항자의 제3자 책임에 관한 면책사유로서의 불가항력 조항에 관한 고찰 - 독일 항공법상의 해석을 중심으로 -)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.37-62
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    • 2016
  • Two controversial issues exist in interpretation of "Force Majeure" set forth in the Article 931 (4) of the Korean Commercial Code. Firstly, its scope of application is ambiguous. Secondly, there is a concern that the "immunity" under paragraph 1 and "Force Majeure" may overlap each other. "Force Majeure" refers an event resulted from either natural disaster or 3rd-party. Meanwhile, the latter implies relatively extensive and comprehensive meaning and its interpretation may vary depends on law enforcement. In general, the aircraft accident hardly results in damage or loss to the 3rd-party. Additionally, it is worth to review newly enacted clause and to define its applicability. When the 3rd party is suffered from damage or loss incurred by any external act, it is necessary to explicit the concept of the non-contractual liabilities with respect to 3rd party. From the perspective of protecting aviation industries, the commercial aviation operator may be entitled to immunity in respect of claim for damage incurred by the event of Force Majeure. However, this approach is directly opposite to the victim's benefit and protection by the law. Therefore, the priority of the legal protection should be considered. Although the interest of the commercial aviation operator is not negligible, the protection of the law should be favorable to the 3rd party. Otherwise, the innocent party has no right to claim for damage incurred by aviation accident. Another issue is about the possibility of overlapping of the provision set forth in the paragraph 1 and 4. The former states that the liabilities shall be exempted on account of either the unsettled political or economic situation but this clause is inconsistent with the interpretation on Force Majeure under the latter. As argued above, this may include any event resulted from either political or economic account by the external influence of the 3rd party, thus these two provisions are overlapped. Consequently, in order to develop ordinances and guidelines and to ensure an equal protection to both parties, above two issues must remain open for further discussions.

Effects of Environment Friendly Agricultural Materials to Insect Natural Enemies at Small Green Houses (소형포장에서 친환경농자재가 천적곤충에 미치는 영향)

  • Lee, Dae-Hong;Kang, Eun-Jin;Kang, Myong-Ki;Lee, Hee-Jin;Seok, Hee-Bong;Seo, Mi-Ja;Yu, Yong-Man;Youn, Young-Nam
    • Korean journal of applied entomology
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    • v.47 no.1
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    • pp.75-86
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    • 2008
  • Many kinds of environment friendly agricultural materials (EFAMs) were used for the plant protection, furthermore they support the growth of crops in the greenhouses and the kindly environment friendly farming. Natural enemies might be used for control of insect pest with EFAMs at the same space and time. For testing the toxicity of EFAMs against to natural enemies, 10 EFAMs were selected and tested in small greenhouses and farm's fields. In case of Harmonia axyridis larva, there was no predacious activity against cotton aphids in the block with EFAMMo L, EFAMPE D, EFAMME G and EFAMAE A, otherwise, aphid population was rapidly decreased in the control block without EFAMs. Both of Trialeurodes vaporariorum and Encarsia formosa population were slightly decreased in the block with EFAMs. There were significantly decreased in the block with IEFAM C, FEFAM D, EFAMSM Band EFAMPE D compared with control area. Especially, there was significantly maintained a very low population, both T. vaporariorum and E. formosa in the block with EFAMMo C. The parasitized ratio of Aphidius colemani is also very low in the block with EFAMs compared with control area. In the block with IEFAM C, FEFAM D, EFAMPE D and EFAMMo L, there were significantly different with control area in the number of mummies. Otherwise, in case of Diglyphus isaea and Liriomyza trifolii, there was no significantly different between blocks with and without EFAMs. In the block with EFAMMo C, Tetranychus urticae and Phytoseiulus persimilis populations were significantly maintained a very low level. However, the population of T. urticae was increased, but P. persimilis was decreased in the block with EFAMMo L.