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Legislative Study on the Mitigation of the Burden of Proof in Hospital Infection Cases - Focusing on the revised Bürgerliches Gesetzbuch - (병원감염 사건에서 증명책임 완화에 관한 입법적 고찰 - 개정 독일민법을 중심으로 -)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.159-193
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    • 2015
  • Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

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Monocentric Derivative Y Chromosome with Duplication of the SRY Gene in an Azoospermic Male (무정자증 불임남성에서 관찰된 SRY 유전자의 중복을 동반한 일동원체성 derivative Y 염색체)

  • Choi, Eun-Young;Lee, Bom-Yi;Park, Ju-Yeon;Lee, Yeon-Woo;Oh, Ah-Rum;Lee, Shin-Young;Kim, Shin-Young;Han, You-Jung;Lee, Mee-Bum;Ryu, Hyun-Mee;Seo, Ju-Tae;Park, So-Yeon
    • Journal of Genetic Medicine
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    • v.7 no.2
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    • pp.160-164
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    • 2010
  • Structural abnormalities of the Y chromosome affect normal testicular differentiation and spermatogenesis. The present case showed a rare monocentric derivative Y chromosome with partial duplication of Yp including the SRY gene and deletion of Yq12 heterochromatin. The karyotype was 46,X,der(Y)(pter${\rightarrow}$q11.23::p11.2${\rightarrow}$pter).ish der(Y)(DYZ3+,DYZ1-,SRY++), confirmed through a FISH study. Even though the patient possessed an abnormal Y chromosome, testicular biopsy showed normal testicular volumes in the proband, with gonadal hormonal levels in the normal range but bilateral varicocele and hypospermatogenesis. We speculate that the abnormal Y chromosome arose from sister chromatids during Y chromosome recombination or intra chromosomal NAHR (non-allelic homologous recombination) during meiosis in the patient's father or in the very early stages of embryogenesis. The derivative Y chromosome might interfere in the meiotic stage of spermatogenesis, leading to the developmental arrest of germ cells. The present case illustrates that the infertility phenotype can have various causes. Also, it emphasizes the importance of accurate and various genetic analyses and could aid in male infertility treatment.

$^{99m}Tc$-HMPAO-labelled Leucocyte Scintigraphy in the Diagnosis of Infection after Total Knee Replacement Arthroplasty (인공슬관절 전치환술 환자에서 $^{99m}Tc$-HMPAO-백혈구 스캔을 이용한 인공관절 감염의 진단)

  • Park, Dong-Rib;Kim, Jae-Seung;Ryu, Jin-Sook;Moon, Dae-Hyuk;Bin, Seong-Il;Cho, Woo-Shin;Lee, Hee-Kyung
    • The Korean Journal of Nuclear Medicine
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    • v.33 no.4
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    • pp.413-421
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    • 1999
  • Purpose: This study was performed to evaluate the usefulness of $^{99m}Tc$-HMPAO-labelled leucocyte scintigraphy for diagnosing prosthetic infection after total knee replacement arthroplasty without the aid of following bone marrow scintigraphy Materials and Methods: The study subjects were 25 prostheses of 17 patients (one man and 16 women, mean age. 65 years) who had total knee replacement arthroplasty. After injection of $^{99m}Tc$-HMPAO-labelled leucocyte, the whole body planar and knee SPECT images were obtained in all patients. The subjects were classified into three groups according to clinical suspicion of prosthetic infection. Group A (n=11) with high suspicion of infection; Group B (n=6) with equivocal suspicion of infection, and Group C (n=8) with asymptomatic contralateral prostheses. Final diagnosis of infection was based on surgical, histological and bacteriological data and clinical follow-up. Results: Infection was confirmed in 13 prostheses (11 in Group A and 2 in Group B). All prostheses in Group A were true positive. There were two true positives, one false positive and three true negatives in Group B, and six true negatives and two false positives in Group C. Overall sensitivity, specificity, and accuracy for diagnosis of the infected knee prosthesis were 100%, 75% and 88%, respectively Conclusion: $^{99m}Tc$-HMPAO-labelled leucocyte scintigraphy is a sensitive method for the diagnosis of infected knee prosthesis. However, false positive uptakes even in asymptomatic prosthesis suggest that bone marrow scintigraphy may be needed to achieve improved specificity.

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Analysis of Use of Government Support for Palliative Care Units in Korea (말기암환자 완화의료 전문기관 운영 지원비 사용 평가)

  • Kim, Hyo-Young;Yoo, Eun-Sil;Kim, Yeol;Kong, Kyoung-Ae;Song, Hye-Young;Choi, Jin-Young
    • Journal of Hospice and Palliative Care
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    • v.14 no.4
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    • pp.212-217
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    • 2011
  • Purpose: Since 2005, the Ministry of Health & Welfare has provided financial support to promote palliative care for terminal cancer patients. We analyzed how palliative care facilities used the funding between 2006 and 2010. Methods: Frequency analysis was conducted by the item of expenditure based on fiscal reports of the palliative care facilities. Linear regression analysis was performed to examine a trend over time. Kruskal-Wallis test and Wilcoxon rank-sum test were used to compare expenditure items, the number of provision of financial support and type of palliative care units. Results: About a half of the fund was spent to pay care givers salary, improve facilities and purchase equipment regardless of the year, the number of financial support provided or facility type. By year, the operation cost for palliative care program and the education cost for health care workers have significantly increased in linear regression analysis (P<0.01). However, the amount of financial support for the low income group has decreased over years (P=0.024). This trend was affected by evaluation criteria and weight. Conclusion: The government aid for palliative care units has been used to improve facilities and equipment. Moreover, desirable changes were noted such as a higher portion of expenses for program operation and care giver training to enhance the quality of care. However, the evaluation criteria need to be adjusted to prevent any further decrease in the support provided to the low income group.

A Fundamental Study on the Types of Ship and the Steerage of Purse Seiners (巾着網漁船의 船型과 操船의 基礎的 硏究)

  • 김진건
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.30 no.1
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    • pp.13-24
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    • 1994
  • Purse seiner detects a fish school navigating in full speed with the aid of fish finder, sonar, helicopter, etc., and casts a net quickly to enclose the fish school in purse seine net according to the movement of the fish school, wind, and current. At this moment, if the time of casting a net, direction, speed, and turning circle are net suitable, it is unavoidable to lose fish school founded with hard efforts and we only consume our efforts of casting and hauling the net. Therefore, in order to enclose the fish school to enhance the amount of fish for each casting, the author investigated the type of ships equipped with purse seiners and examined maneuvering tests so that we provide some basic information to figure out the ability of steerage correctly. The results obtained are summarized as follows: 1. Block coefficients of pelagic tuna purse seiners with gross tonnage between 500 and 1500 tons are recorded between 0.50 and 0.55 which are greater than those of off shore purse seiners recorded as between 0.44 and 0.54 and less than those of various cargo ships recorded as between 0.56 and 0.84. 2. L/B, L/D, B/D, B/T, and T/D of the class of gross tonnage between 75 and 130 tons are respectively 4.49, 11.00, 2.45, 2.85 and 0.86 as their average and those of the class of between 500 and 1500 tons are 4.89, 10.53, 2.15, 2.73 and 0.75 respectively, which are quite different from those of various cargo ships recorded as 6.0~7.5, 11.0~12.0, 1.6~2.0, 2.2~2.8 and 0.65~0.75 respectively. 3. Rudder area ratio of purse seiners of the class of between 75 and 130 tons is 1/24~1/31 and that of the clase of between 500 and 1500 tons is 1/36~1/42 which is greater than that of various cargo ships recorded as 1.45~1.75. 4. On speed-length ratio of purse seiners. 111 Dong-a has the biggest value 2.94 the class of 130 tons has 2.52 the class of between 75 and 100 tons has 2.30~2.35 and the class of between 500 and 1500 tons has 1.99~2.05. 5. Turning circle of stern trawlers Pusan 404 and Haelim 3 are measured as below according to rudder angles 5$^{\circ}$, 15$^{\circ}$, 25$^{\circ}$ and 35$^{\circ}$ respectively. Advances are 11.3~13.6, 6.0~7.1, 3.6~4.8 and 2.5~3.5 times of LPP respectively. Tactial diameters are 15.2~18.6, 6.9~8.0, 4.2~4.9 and 2.9~3.5 times of LPP. Purse seiner 111 Dong-a with rudder angle 35$^{\circ}$ has a good yaw with quick responsibility since its advance is 2.2~2.3 times of LPP and since its tactial diameter is 2.0~2.1 times of LPP. 6. In full ahead going of purse seiner 111 Dong-a, it takes about 2 minutes and 10.6 times of LPP from the reverse turning its engine into full astern to the ship speed 0. In its full astern going, it takes about 1 minute and 5.1 times of LPP from the reverse turning its engine into full ahead to the ship speed 0. In its full ahead going, it takes about 2 minutes and 50 seconds and 12.3 times of LPP from stopping its engine to the dead slow ahead speed 3.2 knots.

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Studies on the Determinations of Dissolved Oxygen in Beverages (음료중 산소분석법에 관한 연구)

  • Lee, Tal-Soo;Lee, Young-Ja;Kwon, Yong-Kwan;Park, Jae-Seok;Hwang, Jung-Yun;Lee, Ju-Yeun;Song, Jee-Won;Chung, Bo-Yong;Lee, Chul-Won
    • Korean Journal of Food Science and Technology
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    • v.34 no.3
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    • pp.361-364
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    • 2002
  • This study was performed to establish a simple and accurate method for the determination of oxygen that is a processing aid in various beverage. The quantitative determination of dissolved oxygen (DO) contents in 30 cases of samples were performed by traditional titration method and polarography. As a result of the study, the analysis of DO contents in fruit-extract beverages containing oxygen by titration method was time consuming and large sample volumes were needed. Besides, serious interferences with compounds such as hydroxylamine and nitric oxide were observed, leading to false response. Although the polarography is easily affected by $H_2S$, proteins, and various organic compounds, it is a simple and practical method that provides inexpensive and relatively rapid analysis. The polarography is best suited to the routine determination of DO in a large number of samples and it is expected that the polarography can directly be applied to the quality control of the beverages containing added oxygen. The analysis results of DO contents in various fruit-extract beverages with oxygen and without oxygen were as follows: 23.10 ppm to 32.60 ppm for various frutis extract beverages with oxygen, 0.70 pp to 2.54 ppm for mixed beverages without oxygen, 7.63 ppm to 8.28 ppm for drinking water.

MICROTENSILE BOND STRENGTH OF ALL-IN-ONE ADHESIVE TO CARIES-AFFECTED DENTIN (우식이환 상아질에 대한 all-in-one adhesive의 미세인장결합강도)

  • Moon, Ji-Deok;Park, Jeong-Kil;Hur, Bock;Kim, Hyeon-Cheol
    • Restorative Dentistry and Endodontics
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    • v.30 no.1
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    • pp.49-57
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    • 2005
  • The purpose of this study was to evaluate the effect of multiple application of all-in-one dentin adhesive system on microtensile bond strength to caries-affected dentin. Twenty one extracted human molars with occlusal caries extending into mid-dentin were prepared by grinding the occlusal surface flat. The carious lesions were excavated with the aid of caries detector dye. The following adhesives were applied to caries-affected dentin according to manufacturer's directions; $Scotchbond^{TM}$ Multi-Purpose in SM group, Adper Prompt $L-Pop^{TM}$ 1 coat in LP1 group, 2 coats in LP2 group, 3 coats in LP3 group, $Xeno^{(R)}$ III 1 coat in XN1 group, 2 coats in XN2 group. and 3 coats in XN3 group. After application of the adhesives, a cylinder of resin-based composite was built up on the occlusal surface. Each tooth was sectioned vertically to obtain the $1{\times}1\;mm^2$ sticks. The microtensile bond strength was determined. Each specimen was observed under SEM to examine the failure mode. Data were analyzed with one-way ANOVA. The results of this study were as follows; 1. The microtensile bond strength values were; SM ($14.38{\pm}2.01$ MPa), LP1 ($9.15{\pm}1.81$ MPa), LP2(14.08{\pm}1.75$ MPa), LP3 ($14.06{\pm}1.45$ MPa). XN1 (13.65{\pm}1.95$ MPa). XN2 ($13.98{\pm}1.60$) MPa, XN3 ($13.88{\pm}1.66$) MPa, LP1 was significantly lower than the other groups in bond strength (p < 0.05). All groups except LP1 were not significantly different in bond strength (p > 0.05). 2. In LP1, there were a higher number of specimens showing adhesive failure. Most specimens of all groups except LP1 showed mixed failure.

Photosynthesis of ×Populus albaglandulosa in Relation to Leaf Age (×Populus albaglandulosa의 엽령별(葉齡別) 광합성(光合成))

  • Kim, Chung Suk;Lee, Suk Koo;Sun, Soon Wha
    • Journal of Korean Society of Forest Science
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    • v.34 no.1
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    • pp.63-71
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    • 1977
  • ${\times}$Populus albaglandulosa has been needed optimum stand density according to various site and its wood usage. It is assumed that optimum stand density can be estimated by investigating of response of ${\times}$P. albaglandulosa to the light factor of stand. For that reason, the photosynthesis of ${\times}$Populus albaglandulosa grown under the controlled planting density was studied in relation to its leaf age by the aid of the Infrared gas analyzer. Rate of net photosynthesis was smaller in matured leaves than young leaves below $8^{\circ}C$, while, it was larger than young leaves above $8^{\circ}C$. Temperature for the maximum net photosynthesis of young leaves and old leaves was about $30^{\circ}C$ and $25^{\circ}C$ respectively. Saturated light intensity varied slightly as leaf age from 28 Klux to 35 Klux, but net photosynthesis rate in the range of light intensity showed deep differences. Old leaves marked the lowest rate, $1.6\;CO_2\;mg/dm^2/hr$, young leaves marked the medium rate, 1.7 to $2.2\;CO_2\;mg/dm^2/hr$, and matured leaves marked the most efficient photosynthesis, 2.9 to $3.5\;CO_2\;mg/dm^2/hr$. Young leaves of 5 days old had the highest light compensation point, while matured leaves of 35 days-old had the lowest point. Rates of dark respiration in both young leaves and old leaves were higher than that of matured leaves. Trees which were planted at space $80cm{\times}80cm$ showed productive assimilation function over the one-third of height where relative light intensity is 35%.

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A STUDY ON THE JUJEON OF AUTOMATIC CLEPSYDRA IN EARLY JOSEON DYNASTY (조선 전기 자동물시계의 주전(籌箭) 연구)

  • YUN, YONG-HYUN;KIM, SANG HYUK;MIHN, BYEONG-HEE;OH, KYONG TAEK
    • Publications of The Korean Astronomical Society
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    • v.36 no.3
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    • pp.65-78
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    • 2021
  • Jagyeokru, an automatic striking water clock described in the Sejong Sillok (Veritable Records of King Sejong) is essentially composed of a water quantity control device and a time-signal device, with the former controlling the amount or the flow rate of water and the latter automatically informing the time based on the former. What connects these two parts is a signal generating device or a power transmission device called the 'Jujeon' system, which includes a copper rod on the float and ball-racked scheduled plates. The copper products excavated under Gongpyeong-dong in Seoul include a lot of broken plate pieces and cylinder-like devices. If some plate pieces are put together, a large square plate with circular holes located in a zigzag can be completed, and at the upper right of it is carved 'the first scheduled plate (一箭).' Cylinder-like devices generally 3.8 cm in diameter are able to release a ball, and have a ginkgo leaf-like screen fixed on the inner axis and a bird-shaped hook of which the leg fixes another axis and the beak attaches to the leaf side. The lateral view of this cylinder-like device appears like a trapezoid and mounts an iron ball. The function of releasing a ball agrees with the description of Borugak Pavilion, where Jagyeokru was installed, written by Kim Don (1385 ~ 1440). The other accounts of Borugak Pavilion's and Heumgyeonggak Pavilion's water clocks describe these copper plates and ball releasing devices as the 'Jujeon' system. According to the description of Borugak Pavilion, a square wooden column has copper plates on the left and right sides the same height as the column, and the left copper plate has 12 drilled holes to keep the time of a 12 double-hours. Meanwhile, the right plate has 25 holes which represent seasonal night 5-hours (Kyeong) and their 5-subhours (Jeom), not 12 hours. There are 11 scheduled plates for seasonal night 5-hours made with copper, which are made to be attached or detached as the season. In accordance with Nujutongui (manual for the operation of the yardstick for the clepsydra), the first scheduled plate for the night is used from the winter solstice (冬至) to 2 days after Daehan (大寒), and from 4 days before Soseol (小雪) to a day before the winter solstice. Besides the first scheduled plate, we confirm discovering a third scheduled plate and a sixth scheduled plate among the excavated copper materials based on the spacing between holes. On the other hand, the width of the scheduled plate is different for these artifacts, measured as 144 mm compared to the description of the Borugak Pavilion, which is recorded as 51 mm. From this perspective, they may be the scheduled plates for the Heumgyeonggak Ongru made in 1438 (or 1554) or for the new Fortress Pavilion installed in Changdeokgung palace completed in 1536 (the 31st year of the reign of King Jungjong) in the early Joseon dynasty. This study presents the concept of the scheduled plates described in the literature, including their new operating mechanism. In addition, a detailed model of 11 scheduled plates is designed from the records and on the excavated relics. It is expected that this study will aid in efforts to restore and reconstruct the automatic water clocks of the early Joseon dynasty.

Breeding of new variety Pleurotus pulmonarius using protoplast fusion technique (원형질체융합 기법을 이용한 산느타리 계통육성)

  • Gwon, Hee-Min;Lee, Yun-Hae;Kim, Jeong-Han;Baek, Il-Sun;Kang, Hee-Wan;Choi, Jong-In
    • Journal of Mushroom
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    • v.19 no.3
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    • pp.166-175
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    • 2021
  • In this study, monokaryons of "Heukari" (Pleurotus ostreatus) and "Hosan" (Pleurotus pulmonarius) were separated to remove the cell wall, and a cross-species protoplast fusion was developed through chemical treatment with polyethylene glycol. The protoplast-fused PF160306 and PF160313 strains have a culture period of 10 and 2 days shorter than that of the "Heuktari" and "Hosan" cultivars, respectively. Furthermore, the growth of the strains was faster than that of the existing cultivars. The yield was 135.9 g per bottle, which was approximately 8% higher than that of the commercially available "Hosan" cultivar; however, it was not statistically significant. A growth survey was conducted after treatment at five temperatures (15, 18, 21, 23, and 25℃). The growth of the strains accelerated with the increase in temperature. However, at 21℃, the yellow color of pileus was the brightest. Band pattern, assessed using URP Primer 7, was similar to that of the "Hosan" cultivar. The DPPH radical scavenging capacity and polyphenol content were 62.5% and 43.5 mg/mL, respectively, for "Sunjung" and 65.7% and 49.9 mg/mL, respectively, for PF160313. Furthermore, the antihypertensive activities of the "Sunjung" cultivar and PF160313 were similarly high at 74% and 75%, respectively. In conclusion, cross-species hybridization via the protoplast fusion technique can be used for obtaining primary data for mushroom breeding to develop new varieties. In addition, the protoplast fusion technique might aid in expanding the market for yellow mushrooms.