• Title/Summary/Keyword: 중재재정

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Environmental Dispute Adjustment System : Current Status and Issues (환경분쟁조정제도의 현황과 과제)

  • Yoon, Esook;Lee, Choon-Won
    • Journal of Arbitration Studies
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    • v.28 no.1
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    • pp.125-151
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    • 2018
  • Rapid industrial growth based on massive fossil fuel energy consumption has caused serious damages on natural environment and every aspects of human life. As demands for clean and pleasant living circumstance increases, conflicts and disputes around environmental problems have also been widespread. Given the 'environmental rights' is a relatively new legal concept, however, resolving environmental disputes through the traditional legal principles and litigation procedures could be restrictive and, in some sense. inefficient as well as expensive. With efforts to develop new legal principles on environmental disputes, the environmental dispute adjustment system has been introduced as an alternative dispute resolution to the traditional legal dispute procedures. The Korean Environmental Dispute Resolution Commission introduced as the environmental dispute adjustment system has been well established for the past twenty-seven years, given the steadily increasing numbers of applications to the Commission over environmental disputes. However, as most cases are still small in money terms and mainly subject to adjudication, the effectiveness and practical contribution of the Commission in the resolution of environmental disputes have in fact been limited. For the enhancement of the status and roles of the Commission as the prior instrument of the alternative dispute resolution(ADR) in environmental disputes, several suggestions could be considered as follows: First, mediation needs to be more activated than adjudication in order to meet the primary purpose of ADR that resolves environmental disputes according to free will of concerned parties. Second, the scope of mediation could be expanded to the areas including potential environmental damages. Third, the roles and responsibilities of the Environmental Dispute Resolution Commissions at both central and local levels need to be evenly distributed. Fourth, the mechanism and procedures of environmental dispute resolution should be standardized. Fifth, the status of the Environmental Dispute Resolution Commission could be elevated in rank by shifting its current affiliation from the Ministry of Environment to the Office of Prime Minister. Sixth, the organizational structure and human resources of the Commission need to be reinforced. Seventh, the current situation that tends to give priority to litigation procedures when an environment dispute is simultaneously pending in litigation and mediation should be eased and properly adjusted. Eighth, the adoption of mandatory mediation in advance to litigation needs to be discussed. Ninth, the legal authority of the Commission's decisions should be further guaranteed. If above suggestions are thoroughly reviewed and properly adopted, the roles, authority and power of the Environmental Dispute Resolution Commission would be increased in the era when environmental conflicts get widespread, requiring an effective alternative environmental dispute resolution mechanism.

Analysis of Medical Expenses Structure for Patients on Percutaneous Coronary Intervention by Medical Security Type (의료보장형태에 따른 관상동맥중재술 환자의 진료비 구조분석)

  • Son, Mi-Kyung;Lee, Sok-Goo
    • Journal of agricultural medicine and community health
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    • v.44 no.4
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    • pp.195-208
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    • 2019
  • Objectives: The purpose of this study was to analyze whether there are differences in medical expenses according to medical security type in the use of medical services with high disease burden such as coronary intervention. Methods: Chi-square test and covariance analysis(ANCOVA) were conducted to identify the differences in the characteristics and costs according to medical security type of 1,904 patients who underwent coronary intervention in a university hospital from 2011 to 2012. Hierarchical regression analysis was conducted to determine whether the cost affects medical expenses. Results: In the medical aid group, the proportion of women, those without a job, those without a spouse, and those who received hemodialysis was high, length of stay was high, patients using the emergency room and those who died was high. The medical aid patients were significantly higher in the non-benefit medical expenses, optional medical expenses, physician and admission, meals, medications and injections. National health insurance patients were significantly higher in procedure. The medical security type was found to be significant as a variable affecting the medical expenses. Conclusions: Provision of medical expenses should be managed in advance by providing prevention and education services for the vulnerable, and care services in the region should be provided to suppress the occurrence of medical expenses due to the increase in the number of days spent. In addition, it is necessary to support medical expenses to prevent unsatisfactory medical services from occurring for non-benefit and optional care.

Reviews of Literature on Dental Plaque Control and Oral Hygiene Education in Korea (치면세균막관리와 구강보건교육에 관한 국내문헌고찰)

  • Choi, Moon-Sil;Kim, Dong-Kie
    • Journal of dental hygiene science
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    • v.17 no.2
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    • pp.87-98
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    • 2017
  • The purpose of this study was to understand the effectiveness of oral health education (OHE) or oral hygiene instruction (OHI) involving professional plaque control/removal, as compared to conventional plaque control/removal. By means of a systematic review of the literature, in the review of literature by using systematic method, Korean articles of plaque control including OHE or OHI, were studied in order to analyze and conclude the literature to enhance oral health. We found that self and professional plaque control/removal, in addition to tooth brushing instructions, decreased incidence and prevalence of loss of teeth. Taken together, professional mechanical plaque removals were most effective 4~5 visits every 1~2 weeks. Use of disclosing agent was more effective than oral education or model education. In line with oral hygiene education, professional brushing, oral prophylaxis, scaling and root planing, it was advisable to repeat the training according to the characteristics of the patient. Routine OHE or OHI would be help to increase to oral health. For a quality of life related oral health, reliability and validity of data are needed to develop and its data should be applied to dental health insurance policy.

A Study on the Judgement Criterion of Arrived Ship under Voyage Charterparty (항해용선계약상 도착선의 판단기준에 관한 연구)

  • Han, Nakhyun;Lee, Jaesung
    • Journal of Korea Port Economic Association
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    • v.28 no.3
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    • pp.167-192
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    • 2012
  • The purpose of the study aims to analyse the judgement criterion of arrived ship under voyage charterparty with the Merida Case. A ship is an arrived ship if she is in port and either able to proceed immediately to a berth or in such a position that she is at the immediate and effective disposition of the chaterparty. Identification of the specified destination-whether berth or port-impacts on the incidence of loss occasioned by delay in loading or discharging, when the delay is due to the place at which the vessel is obliged by the terms of the charterparty to load or discharge her cargo being occupied by other shipping. The Merida case is an appeal by the charterers from a final Arbitration award of two very experienced arbitrators, dated 20th April, 2009. The arbitrators held that a voyage charterparty, dated 5th February, 2007, of the vessel, The M/V Merida, entered into between charterers and the owners, was a port rather than a berth Charterparty. The Primary relevance of this distinction does to the allocation, as between owners and charterers, of the risk of delay caused by congestion at load and discharge ports. The question of law arising in this appeal is whether the arbitrators were right to conclude that the charterparty was a port and not a berth charterparty. The arbitrators additionary placed some reliance on a post-contractual e-mail from the agents, which suggested that charterers did not dispute the validity of the NOR-and, hence, that this was a port charterparty.

The Effects of Smoking Cessation Coaching Program based on Motivation Stage to Stop Smoking of Patients at a Public Hospital (금연동기단계에 따른 코칭프로그램이 환자 금연에 미치는 영향)

  • Kwak, Mi-Young;Hwang, Eun Jeong
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.4
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    • pp.188-198
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    • 2016
  • This study examined the effects of a smoking cessation coaching program based on the motivation stage applying the Transtheoretical Model to stop the smoking of patients in terms of the amount of smoking, nicotine dependence, CO level, and urine cotinine. The study design was a multi-repeat multiple repeat intermittent time series study with one-group, a pre-post design. The participants were 47 smoking patients (44 males and 3 females), who were treated at a public hospital in N city. The participants were 4 (8.51%) subjects in the action stage and 43 subjects (91.49%) in the preparation stage of the motivation stage. The coaching program intervention was conducted at the first day, second week, and 6th week. The smoking cessation maintenance of the subjects was checked at the 12th week. A chi-square test and t-test were used to analyze the data. The subjects in the action stage were kept under the condition of no smoking and nicotine dependence. After the program of subjects in the preparation stage, the amount of smoking, nicotine dependence, and CO level were significantly lower compared to the pre-test (p<.001). The findings suggest that the coaching program based on the motivation stage was effective in improving the smoking cessation for patients who smoke. On the other hand, the patients in the smoking cessation program may require much more financial assistance than those of healthy people. A greater workforce and budget will be needed for patients to stop smoking.

Job Analysis for Role Identification of General Hospice Palliative Nurse (호스피스 완화 간호사 역할규명을 위한 직무분석)

  • Kim, Boon-Han;Choe, Sang-Ok;Chung, Bok-Yae;Yoo, Yang-Sook;Kim, Hyun-Sook;Kang, Kyung-Ah;Yu, Su-Jeong;Jung, Yun
    • Journal of Hospice and Palliative Care
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    • v.13 no.1
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    • pp.13-23
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    • 2010
  • Purpose: This study was to identify the role of general hospice palliative nurse through job analysis (duties, task, and task elements). Methods: The sample consisted of 136 nurses or professors who were performing duties related to hospice care areas in Korea. A survey method was used, and the questionnaire included frequencies, criticality, and difficulties of task elements in job description by the DACUM method. Descriptive statistics were performed by using SPSS WIN 17.0. Results: The job description of general hospice palliative nurse was identified 8 duties, 36 tasks, and 137 task elements. As for the 8 duties, the average scores of frequency, criticality, and difficulty were 2.94, 3.66, and 2.80, respectively. The role of ‘pain assessment’ was the most important task element among frequency and criticality. The lowest score at the frequency and criticality were ‘manage public finance’ and ‘collect datum through diagnostic test & lab', respectively. Furthermore, the role of 'identify spiritual needs of patients and family' was the most difficult task, whereas the role of 'manage documents and information' was the least. Conclusion: In this study, we could recognize the reality of general hospice palliative nurse's performances. For general hospice palliative nurse, therefore, concrete practice guide lines of psychosocial and spiritual care, communication skills, and bereavement care with qualifying system are critically needed.

Clinical Benefits and Complications of Cryotherapy in Advanced Lung Cancer with Central Airway Obstruction (중심성 기도 폐쇄를 동반한 폐암에서 냉동치료의 임상적 유용성 및 부작용)

  • Jung, Jin Yong;Lee, Sung Yong;Kim, Dae Hyun;Lee, Kyung Joo;Lee, Eun Joo;Kang, Eun Hae;Jung, Ki Hwan;Kim, Je Hyeong;Shin, Chol;Shim, Jae Jeong;In, Kwang Ho;Kang, Kyung Ho;Yoo, Se Hwa
    • Tuberculosis and Respiratory Diseases
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    • v.64 no.4
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    • pp.272-277
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    • 2008
  • Background: The efficacy of the use of the interventional bronchoscope for palliation of patients with central airway obstruction has been established. In the palliative setting to alleviate central airway obstruction, the use of laser resection, electrocautery, argon plasma coagulation, photodynamic therapy and cryotherapy can provide relief of an airway obstruction. Cryotherapy is the therapeutic application of extreme cold for the local destruction of living tissue. Recently, this technique has been used for endoscopic management of central airway obstructions in Korea. We report the role and complications of the use of cryotherapy for airway obstructions in patients with advanced lung cancer. Methods: We used a flexible cryoprobe for cryotherapy using nitrous oxide as a cryogen. The cryoprobe was applied through the working channel of a flexible fiberoptic bronchoscope. The temperature of the tip was approximately $-89^{\circ}C$, and the icing time was 5~20 seconds. Results: Four patients with a central airway obstruction from advanced lung cancer were treated with cryotherapy. Three of the four patients were treated successfully and the airway obstruction was improved after the cryotherapy procedure. Dyspnea, hypoxia and atelectais were improved in three cases. Two patients experienced complications- one patient experienced pneumomediastinum and the other patient experienced massive hemoptysis during the cryotherapy procedure. However, these complications resolved and did not influence mortality. Conclusion: This technique is effective and relatively safe for palliation of inoperable advanced lung cancer with a central airway obstruction.