• Title/Summary/Keyword: 행위 유사도

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Regarding Issues on the Lawsuit of Medical Malpractice in the Implant Procedure -Focusing on the contract's legal character and the mitigation of burden of proof- (임플란트 시술상 의료과오의 소송상 쟁점에 관하여 -계약의 법적성격 및 입증책임 완화를 중심으로-)

  • Han, Taeil
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.143-163
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    • 2018
  • Implant procedure belongs to so called a commercialized medical treatment, its procedure is simple and clear, and the possibility of success is almost 100%. In addition, it is a selective method rather than an inevitable method for a patient's health, so the importance of liability for explanation is especially emphasized for protection of autonomous decisions by patients. Considering these characteristics, the plaintiff in the relevant case said that the contract of implant procedure has the characteristic of subcontract, and only the failure of implant itself and the violation of liability for explanation should be the defendant's fault liability. In addition, although the above procedure contract is considered as delegation rather than subcontract, whether it's the defendant's malpractice should be judged by general people's common sense rather than average people in the industry. Therefore, if all the implanted teeth were removed due to bleeding and pains, and the patient suffered from dysaesthesia during the process, the defendant's malpractice is fully proved. When the judgements of implant medical malpractice were researched, the court doesn't consider implant contract as subcontract, but it judges dentist's malpractice by whether the implant itself is successful, so it seems that the court acknowledges similar characteristics with subcontract whose purpose is completion of work to some degree. In addition, considering the detailed contents of presented medical malpractices, it seems that judging medical malpractice is based on the common sense of general people. Therefore, the argument of the plaintiff is valid when the fact the adjustment amount is relevant to the amount that the plaintiff initially claimed is considered even though the relevant case was decided to be compulsory mediation.

A Study on Developmental Plan of In-Flight Security Officer in Korea - Focused on U.S. Federal Air Marshal Service - (항공기내보안요원제도의 발전 방안에 관한 연구 - 미국 연방 Air Marshal 제도를 중심으로-)

  • Park, Hee-Kyun;Moon, Jun-Seob
    • Korean Security Journal
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    • no.53
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    • pp.83-105
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    • 2017
  • The purpose of this study is to identify the problems of In-Flight Security Officer responsible for the security of the aircraft in the situation where Acts of Unlawful Interference in Aircraft shows an increasing tendency and the aircraft security is threatened by the terror threat of IS(Daesh) and to suggests its policy implications. Based on the problems of In-Flight Security Officer system found in the media reports and laws, the US Air Marshal system and the domestic similar system were presented to the In-Flight Security Officer developmental implications. First, it is necessary to revise the "Operational Guidelines for Airline Operators' In-Flight security officer" and the related qualifications to the "National Technical Qualifications" system. Second, the plan to change the national civil servants of In-Flight Security Officer in the aircraft, Third, it is a plan to use the registered security guard system in the aircraft. Although this study has limitations the accessibility of information related to aviation security. But, contributions of this study is that the government's efforts to create the public sector jobs, the "strengthening of public services in the country", "the establishment of national accountability for safety accident prevention and disaster safety management" in the "A five-year plan for Government Operation" that it has a timeliness in that it is together. In addition, since there are not many researches related to In-Flight Security Officer, this study also has another contribution as a basic study of the researchers in the aviation security aircraft in the future.

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The Examination of the Validity of a Vertically Upward Shifting of the Landscape Control Point(LCP) for the Management of Cities Mountain Landscape (시가지내 산악경관관리를 위한 조망점의 수직상향 동의 검증)

  • 정정섭;권상준;조태동
    • Korean Journal of Environment and Ecology
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    • v.17 no.4
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    • pp.366-374
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    • 2004
  • The purpose of this study is to develop effective destination management strategies for three typical tourist destinations in Kangwon province based on the importance-performance analysis. The results show that overall performance levels of 21 management attributes in three destinations is relatively low, compared to the importance levels of the attributes. 6 attributes place in Concentrate Here, 4 attributes in Possible Overkill, 6 attributes in Keep Up Good Work, and 5 attributes in Low Priority. There is no significant difference in the importance level among three destinations, while performance levels are the lowest at Naksan & Kyungpo beaches, and highest at Ganhyun area. Findings of the survey expect to be used as fundamentals in management policy making process for each destinations.

Destination Management Strategy Based on the Importance-Performance Analysis -A Case Study in Kangwon-do Province, Korea- (중요도-성취도 분석을 기초로 한 관광지 관리 방안에 관한 연구 -강원도 소재 관광지를 중심으로-)

  • 김정민
    • Korean Journal of Environment and Ecology
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    • v.17 no.3
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    • pp.276-284
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    • 2003
  • The purpose of this study is to develop effective destination management strategies for three typical tourist destinations in Kangwon province based on the importance-performance analysis. The results show that overall performance levels of 21 management attributes in three destinations is relatively low, compared to the importance levels of the attributes. 6 attributes place in Concentrate Here, 4 attributes in Possible Overkill, 6 attributes in Keep Up Good Work, and 5 attributes in Low Priority. There is no significant difference in the importance level among three destinations, while performance levels are the lowest at Naksan & Kyungpo beaches, and highest at Ganhyun area. Findings of the survey expect to be used as fundamentals in management policy making process for each destinations.

The Role of Sympathy and Moral Nomativity in Moral Sentimentalism of Hutcheson, Hume, and Adam Smith (허치슨, 흄, 아담 스미스의 도덕감정론에 나타난 공감의 역할과 도덕의 규범성)

  • Yang, Sunny
    • Journal of Korean Philosophical Society
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    • no.114
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    • pp.305-335
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    • 2016
  • In the eighteenth century, the scottish philosophers Francis Hutcheson, David Hume and Adam Smith share the idea that morality comes from moral sense, which is a feeling of approval or disapproval of agent's motive and action. However, they have the different views in explaining the mechanism that generates the moral sentiments. Hutcheson takes a moral sense to be a unique mental faculty that is innate to all humans, and regards it as being guaranteed by supernatural apparatus like divine Providence. Hume and Smith reject Hutcheson's concept of internal moral sense and take a stage further Hutcheson's projects of internalisation by naturalizing morality in terms of the principle of sympathy. It is widely held that Hume's moral sentimentalism is essentially similar to Adam Smith's. Though there are important points of contact between Smith's account of sympathy and Hume's, the differences are considerable. The chief of them lies in the fact that Hume grounds our approval of virtue on our recognition of its utility and convention, and Smith does not. Smith grounds our approval of virtue on the impartial spectator's judgment, i.e., conscience. Hence for Smith, the impartial spectator is the one that bridges the gap between particularity and universality and works the vehicle of practical reason. Given this, in this paper, first, I will clarify the difference between Hume's and Adam Smith's understandings of sympathy. Second, I will elucidate how they explain the process to produce the moral sentiments based on their understandings of sympathy. I shall finally explicate in what way Hume's and Smith's theories on sympathy work as moral normativity.

Design of Riparian Buffer Zone by Citizen's Participation for Ecosystem Service - Case Study of Purchased Land along Gyeongan-cheon in Han River Basin - (생태계 서비스를 위한 주민 참여형 수변완충녹지 설계 고찰 - 한강수계 경안천변 매수토지 사례 연구 -)

  • Bahn, Gwon-Soo
    • Journal of Wetlands Research
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    • v.24 no.3
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    • pp.170-184
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    • 2022
  • The Riparian Buffer Zone(RBZ) is a sustainable social-ecological system created in the middle zone between water and land. For the RBZ, close communication with the local community is important, and it is necessary to promote it as a communicative environmental planning process. In this study, for the RBZ project, three strategies are presented as a communicative act to understand and implement planning. First, government-led projects were avoided and improved to a process in which citizens and stakeholders participated together, centered on local partnership. Second, it was intended to introduce design criterias in terms of enhancing the function of ecosystem services that citizens can sympathize with, and to increase acceptance and awareness through the planning of preferred spaces and facilities. Third, after a balanced plan for habitats, water cycle-based ecological environment, ecological experience and open space, citizens felt the restoration effect and value as an ecological resources, and a system was prepared to participate in the operation and management. This study will work as a process model based on citizens's participation. In addition, it will be possible to provide lessons for the change of the policy paradigm for the RBZ and the implementation of similar projects in the future.

Application of the Latest European Standard(EN 15522-2) for Marine Oil Spill Analysis: A Study on its Effectiveness in Analyzing Samples from Korean Incidents (해양 기름유출사고 분석을 위한 최신 유럽표준(EN 15522-2) 적용: 한국 사고 샘플 분석의 효율성에 관한 연구)

  • Youjeong Park;Duwon Lee;Heejin Lee
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.30 no.1
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    • pp.58-64
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    • 2024
  • Approximately 250 marine oil spill accidents have occurred in Korea, with profound impact on local communities and the environment. The restoration process necessitates significant resources and costs to return affected areas to their pre-accident state. In accordance with the polluter pays principle, compensation is demanded from polluter, as stipulated in both international conventions and national laws. Consequently, investigations are conducted to determine civil and criminal liability. As the importance of investigation actors in oil spill accidents increases, standards such as CEN 15522-2 and ASTM D 3248 are employed to determine the similarity between the spilled oil and the oil of the suspected ship. Among these standards, CEN 15522-2, the most actively used European standard, underwent its third revision and is now known as EN 15522-2, as of 2023. This study used EN 15522-2 to analyze samples from marine oil spill accidents that occurred in Korea. The results indicated that, considering the characteristics of domestic spills where light fuel oil spills account for more than 40%, the application of EN 15522-2, which includes low-boiling point substances such as Adamantanes, was confirmed to be highly effective.

Cleavage Pattern of Urechis unicinctus Eggs in Vitro Fertilization (인공수정에 의한 Urechis unicinctus 난자의 난할형식)

  • Shin, Kil-Sang;Lee, Dae-Hee;Ko, Tae-Young
    • Applied Microscopy
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    • v.34 no.1
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    • pp.71-81
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    • 2004
  • When U. unicinctus mature oocytes were fertilized in vitro, germinal vesicle breakdown (GVBD) and meioses occurred and the zygotes entered cleavage stage. A modified pattern of spiral cleavages, suggestively based on behavior of mitotic spindles, have been observed in this work. The first and second cleavages were meridional and the third was equatorial, and then followed by repetitions of meridional-equatorial cleavage. The cleavage of the isolecithal egg were equal and holoblastic and its patterns were spiral. The anti-${\alpha}-,-{\beta}$- tubulin reactions and confocal microscopy revealed mitotic apparates tilted obliquely at each mitosis causing oblique displacements of the blastomeres. Despite isolecithal distribution of yolk, this observations implicated that tilting of mitotic apparates induced spiral cleavage and the displacements of blastomeres. However, these features would not be the typical spiral cleavage, but represented a modified pattern of known Spiralian s in the sense of the equal cleavage. During the first cleavage, heart-shaped eggs have been produced. Electron microscopies exhibited the first cleavage furrow extended with its membranous structure deeply into the cytoplasm. Contractile ring has not been observed.

Website Falsification Detection System Based on Image and Code Analysis for Enhanced Security Monitoring and Response (이미지 및 코드분석을 활용한 보안관제 지향적 웹사이트 위·변조 탐지 시스템)

  • Kim, Kyu-Il;Choi, Sang-Soo;Park, Hark-Soo;Ko, Sang-Jun;Song, Jung-Suk
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.24 no.5
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    • pp.871-883
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    • 2014
  • New types of attacks that mainly compromise the public, portal and financial websites for the purpose of economic profit or national confusion are being emerged and evolved. In addition, in case of 'drive by download' attack, if a host just visits the compromised websites, then the host is infected by a malware. Website falsification detection system is one of the most powerful solutions to cope with such cyber threats that try to attack the websites. Many domestic CERTs including NCSC (National Cyber Security Center) that carry out security monitoring and response service deploy it into the target organizations. However, the existing techniques for the website falsification detection system have practical problems in that their time complexity is high and the detection accuracy is not high. In this paper, we propose website falsification detection system based on image and code analysis for improving the performance of the security monitoring and response service in CERTs. The proposed system focuses on improvement of the accuracy as well as the rapidity in detecting falsification of the target websites.

A Study on the Main Issues Regarding Business Acts Related to Leisure Boats (레저선박 관련 사업법상 주요 쟁점사항에 관한 고찰)

  • Yoon, In-Joo;Hong, Jang-Won;Lee, Jung-A
    • Journal of Navigation and Port Research
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    • v.41 no.6
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    • pp.359-364
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    • 2017
  • This study examined business acts related to leisure boats, so as to investigate the differences of regulations and things to be supplemented, as well as to suggest improvement measures. In order to achieve this purpose, the authors analyzed the respective legislations. The Acts on businesses using leisure boats(or power-driven water leisure crafts) are the Marine Transportation Act, Excursion Ship and Ferry Business Act, Water-Related Leisure Activities Safety Act, and Act on the Development, Management, etc. of Marinas. These Acts have differences in regulations, in terms of gross tonnage, the age of vessels, crewman, and the liquor traffic. These differences can cause problems such as adjusting the gross tonnage of the vessel by modifying the structures of the facilities, assigning old vessels, sailing without crewmen required for safety, and going against fairness in the liquor traffic in similar businesses. Such differences appeared to be caused by the lack of understanding of leisure boats and the series of new legislation which have been added one by one. It is required to raise the understanding on the characteristics of leisure boats and reflect them in the legislation.