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Review of 2011 Major Medical Decisions (2011년 주요 의료 판결 분석)

  • Yoo, Hyun-Jung;Seo, Young-Hyun;Lee, Jung-Sun;Lee, Dong-Pil
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.199-247
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    • 2012
  • According to the review and analysis of medical cases that are assigned to the Supreme Court and all local High Court in 2011 and that are presented in the media, it was found that the following categories were taken seriously, medical and pharmaceutical product liability, the third principle of trust between medical institutions, negligence and causation estimation, responsibility limit, the meaning of medical records and related judgment of disturbed substantiation, Oriental doctors' duties to explain the procedures, IMS events, whether one can claim for each medical care operated by non-physician health care institutions to the nonmedical domain in the National Health Insurance Corporation, and the basis of norms for each claim. In the cases related to medical pharmaceutical product liability, Supreme Court alleviated burden of proof for accidents with medical and pharmaceutical products prior to the practice of Product Liability Law and onset the point of negative prescription as the time of damage strikes to condition feasibility of the specific situation. In the cases related to the 3rd principle of trust between medical institutions, the Supreme Court refused to sentence the doctor who has trusted the judgment of the same third-party doctors the violations of the care duty. With respect to proof of a causal relationship and damages in a medical negligence case, the Supreme Court decided that it is unjust to deny negligence by the materials of causal relationship rejecting the original verdict and clarified that the causal relationship shall not deny the reasons to limit doctors' responsibilities. In order not put burden on patients with disadvantages in which medical records and the description of the practice or the most fundamental and important evidence to prove negligence and causation are being neglected, the Supreme Court admitted in the hospital's responsibility for the case of the neonate death of suffocation without properly listed fetal heart rate and uterine contraction monitor. On the other hand, the Seoul Western District Court has admitted alimony for altering and forging medical records. With respect to doctors' obligations to description, the Supreme Court decided that it is necessary to explain the foreseen risks by the combination of oriental and western medicines emphasizing the right of patient's self-determination. However, questions have arisen whether it is realistically feasible or not. In a case of an unlicensed doctor performing intramuscular stimulation treatment (IMS), the Supreme Court put off its decision if it was an unlicensed medical practice as to put limitation of eastern and western medical practices, but it declared that IMS practice was an acupuncture treatment therefore the plaintiff's conduct being an illegal act. In the future, clear judgment on this matter should be made. With respect to the claim of bills from non-physical health care institutions, the Supreme Court decided to void it for the implementation of the arrangement is contrary to the commitments made in the medical law and therefore, it is invalid to claim. In addition, contrast to the private healthcare professionals, who are subject to redemption according to the National Healthcare Insurance Law, the Seoul High Court explicitly confirmed that the non-professionals who receive the tort operating profit must return the unjust enrichment and have the liability for damages. As mentioned above, a relatively wide range of topics were discussed in medical field of 2011. In Korea's health care environment undergoing complex changes day by day, it is expected to see more diverse and in-depth discussions striding out to the development in the field of health care.

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Permanent Preservation and Use of Historical Archives : Preservation Issues Digitization of Historical Collection (역사기록물(Archives)의 항구적인 보존화 이용 : 보존전략과 디지털정보화)

  • Lee, Sang-min
    • The Korean Journal of Archival Studies
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    • no.1
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    • pp.23-76
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    • 2000
  • In this paper, I examined what have been researched and determined about preservation strategy and selection of preservation media in the western archival community. Archivists have primarily been concerned with 'preservation' and 'use' of archival materials worth of being preserved permanently. In the new information era, preservation and use of archival materials were faced with new challenge. Life expectancy of paper records was shortened due to acidification and brittleness of the modem papers. Also emergence of information technology affects the traditional way of preservation and use of archival materials. User expectations are becoming so high technology-oriented and so complicated as to make archivists act like information managers using computer technology rather than traditional archival handicraft. Preservation strategy plays an important role in archival management as well as information management. For a cost-effective management of archives and archival institutions, preservation strategy is a must. The preservation strategy encompasses all aspects of archival preservation process and practices, from selection of archives, appraisal, inventorying, arrangement, description, conservation, microfilming or digitization, archival buildings, and access service. Those archival functions should be considered in their relations to each other to ensure proper preservation of archival materials. In the integrated preservation strategy, 'preservation' and 'use' should be combined and fulfilled without sacrificing the other. Preservation strategy planning is essential to determine the policies of archives to preserve their holdings safe and provide people with a maximum access in most effective ways. Preservation microfilming is to ensure permanent preservation of information held in important archival materials. To do this, a detailed standardization has been developed to guarantee the permanence of microfilm as well as its product quality. Silver gelatin film can last up to 500 years in the optimum storage environment and the most viable option for permanent preservation media. ISO and ANIS developed such standards for the quality of microfilms and microfilming technology. Preservation microfilming guidelines was also developed to ensure effective archival management and picture quality of microfilms. It is essential to assess the need of preservation microfilming. Limit in resources always put a restraint on preservation management. Appraisal (and selection) of what to be preserved was the most important part of preservation microfilming. In addition, microfilms with standard quality can be scanned to produce quality digital images for instant use through internet. As information technology develops, archivists began to utilize information technology to make preservation easier and more economical, and to promote use of archival materials through computer communication network. Digitization was introduced to provide easy and universal access to unique archives, and its large capacity of preserving archival data seems very promising. However, digitization, i.e., transferring images of records to electronic codes, still, needs to be standardized. Digitized data are electronic records, and st present electronic records are very unstable and not to be preserved permanently. Digital media including optical disks materials have not been proved as reliable media for permanent preservation. Due to their chemical coating and physical character using light, they are not stable and can be preserved at best 100 years in the optimum storage environment. Most CD-R can last only 20 years. Furthermore, obsolescence of hardware and software makes hard to reproduce digital images made from earlier versions. Even if when reformatting is possible, the cost of refreshing or upgrading of digital images is very expensive and the very process has to be done at least every five to ten years. No standard for this obsolescence of hardware and software has come into being yet. In short, digital permanence is not a fact, but remains to be uncertain possibility. Archivists must consider in their preservation planning both risk of introducing new technology and promising possibility of new technology at the same time. In planning digitization of historical materials, archivists should incorporate planning for maintaining digitized images and reformatting them in the coming generations of new applications. Without the comprehensive planning, future use of the expensive digital images will become unavailable. And that is a loss of information, and a final failure of both 'preservation' and 'use' of archival materials. As peter Adelstein said, it is wise to be conservative when considerations of conservations are involved.

An Analysis and Evaluation of Cyber Home Study Contents for Self-directed Learning - Focused on the Earth Science Content of the Science Basic Course for the 7th grade - (사이버가정학습의 자율학습용 콘텐츠 분석 및 평가 - 중학교 1학년 과학 기본과정 지구과학영역을 중심으로 -)

  • Na, Jae-Joon;Son, Cheon-Jae;Kook, Dong-Sik
    • Journal of the Korean earth science society
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    • v.31 no.4
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    • pp.392-402
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    • 2010
  • The purpose of this study is to analyze and evaluate the self-directed learning contents of Earth science area in the basic course of the 7th grade. For this purpose, we applied the 'Cyber Home Study Content Quality Control Tool' presented in 'Elementary Secondary Education e-Learning Quality Management Guidelines (Ver.2.0)' of Korea Education & Research Information Service (2008). The results of contents analysis are as follow: First, it was presented that the study guide introduced the contents which should be studied for one class, properly. And it was not analyzed that the diagnosis assesment was not completed in the initiative study; Second, it was possible to study choosing the contents fitting the learner's level of learning in the main study, it was comprised of about 15 minutes. Third, it was performed without feedback for incorrect answers in the learning assessment, just the number of wrong questions. And the learning arrangement present the important contents learned in that class, summarizing and arranging again. The results of content evaluation are as follows: First, a big difference was not showed against the needs analysis, instructional design, interaction in each class. And the evaluation of the ethics was not included a word or sentence not suitable. The evaluation of copyright, it was analyzed that Work within the content display in compliance with international copyright Second, the evaluation of instructional design presented mainly the description of a simple picture based, the visible resources like flash card were poor. And in the evaluation of Supporting System, it was presented that the contents were installed so that it was freely available for learners. But it was analyzed that there was no memo-function learners were able to jot down something during the studying contents. And in the evaluation for evaluation, the clear valuation basis about the described content was not presented. So there were slightly differences for each class. Third, in the evaluation and analysis for learning content, it was presented that there were some big differences for each class because it was not composed of the latest information, not corrected and complementary.