• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.55-95
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• 2010

The meaning and application of 'lesion corporelle' in the context of a variety of mental or psychic injuries is less clear, while there is very little disagreement about its literal translation. U.S. Court decisions since Floyd allow recovery for a range of claims involving emotional injury under Article 17; in some cases there is no recovery, while in others there is full recovery, depending on the allegations and the nexus between the alleged injury and any related or accompanying physical injury. Courts are in agreement that pure emotional injury is not compensable under the Convention. Most courts agree that emotional injury is not compensable in those cases where it has resulted only in physical manifestations such as weight loss or sleeplessness. At the same time, most courts generally agree that emotional injury is compensable if it proximately flows from a physical injury. The issue as to whether the courts would associate PTSD with bodily injury as envisioned in the present Warsaw structure or even the new regime reflected in the Convention proposed by ICAO would largely depend on the extent to which courts would be ready to embrace the compelling scientific findings with regard to mental distress and its application within the term 'bodily injury'. Taken together, these points when the current under Article 17 of the Warsaw Convention, 'physical injury' notion of 'mental injury' is to be extended. Of course, the current terms of the Warsaw Convention have been maintaining a precedent for many countries appear to have a statue of the original purpose of the treaty does not contribute to the diffusion. Therefore, in future treaties 'bodily injury', the term 'injury', the term 'personal injury' or 'health undermined' the term should be replaced or revised.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.287-307
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• 2009

A person is injured in car accident caused by his/her slight negligence except he / she causes accident by his / her willfulness or gross negligence. Because the National Health Insurance Corporation (hereinafter called "Corporation") shall not provide any insurance benefit "when he has intentionally or through gross negligence caused a criminal conduct or intentionally contributed to the occurrence of an accident" referred to in Article 48 (1) 1 of the National Health Insurance Act. So, if he / she is insured by his / her own bodily injury coverage, he / she can be compensated for his / her medical expenses. The injured have the rights to file either National Health Insurance claim and Automobile Insurance claim but there is no clear and definite adjustment clause. The claim disputes between National Health Insurance (hereinafter called "NHI") and Automobile Insurance (hereinafter called "AI") in the own bodily injury coverage makes some problems. Firstly, there are some differences in co-payments which he / she chooses between NHI and AI. Profit per a patient is higher in the NHI than in the AI. Secondly, it can provoke criticism that people shall unnecessarily pay double contributions. Lastly, it can raise moral hazards. For example, if he / she can cover the compensations when the insured receives the compensations from his / her insurer, the Corporation can be claimed by medical care institution payment of the health care benefit costs. In conclusion, first of all, to improve the national health and preserve the insured's rights the Corporation shall keep notice these facts.

• The Korean Journal of Air & Space Law and Policy
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• v.22 no.2
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• pp.53-83
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• 2007

The purpose of this paper is to study precedent cases of the Air carrier liability for passengers. The article 17 of Warsaw Convention (also in Montreal Convention article 17-1) provides the Air carrier liability for passengers which is the most essential part of the Air carrier liability. According to these Conventions, 1) the carrier is liable for damage sustained in case of death or bodily injury of a passenger. Precedents and theories have disagreements on whether the damage covers the mental injury as well. 2) The carrier is liable for damage sustained from aviation accident. The definition of 'aviation accident' is becoming problematic. 3) The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking. The question at issue is the range of the operations of embarking or disembarking. This paper introduces the precedents (also, the model precedents) about the carriers liability for passengers and related cases, so as to help understand the trend of judicial decisions. Furthermore, the cases, once took all of the attention of the international air carriers, concerned with the 'Economy class syndrome' (DVT : Deep Vein Thrombosis) are also presented. Under the new Montreal Convention, the carriers liability for passengers will continue to be the main issue. Thus it is required that academics as well as practical businesses may keep up their studies about this issue.

• Journal of Acupuncture Research
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• v.30 no.5
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• pp.219-226
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• 2013

Objectives : The purpose of this study is to report the effect of Korean medicine treatment on a patient with brachial plexus injury. Methods : The patient with symptoms of pain and dysesthesia on right forearm and hand was treated with acupuncture treatment, herbal medicine, moxibustion and physical treatment. Improvement of the patient's symptoms was evaluated by Hepatic dullness sound, NRS, VAS, SF-36 bodily pain, grip strength. Results : After 42 days of treatment, NRS score significantly decreased. VAS score, SF-36 bodily pain and grip strength showed moderate improvement. Conclusions : This results suggest that Korean medicine treatment may be effective in reducing the symptoms of brachial plexus injury.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.235-270
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• 2009

This Article examines what is contemplated by the term "accident," what is meant by "bodily injury," and what damages are recoverable under Article 17 of both the Warsaw Convention of 1929 and the Montreal Convention of 1999. It examines differences in the jurisprudence of the US Supreme Court, the UK House of Lords, and the Australian High Court in interpreting these terms, and the problems posed by these different interpretations in achieving the uniformity of international aviation liability law contemplated by the Warsaw and Montreal Conventions.

• Transactions of the Korean Society of Automotive Engineers
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• v.21 no.1
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• pp.107-112
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• 2013

Base on insurance vehicle collision and bodily injury claim reports, 23,655 cases of vehicle to vehicle accidents occurred in Korea 2010 are investigated in order to understand vehicle damage severities, repair costs and occupant injury types. The results of our statistical analysis reveal that minor damages with small dent or scratches on vehicle body panels which is assumed to imply during very low speed crashes are major portion of accident severities types. The most vulnerable body regions due to the real-world accident are neck. The 86.3% of total injured driver in minor rear damaged vehicles has reported neck pains and they are followed by whole bodies and head but with much lower occurrence rates.

• Journal of Korean Medical classics
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• v.13 no.2 s.17
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• pp.21-21
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• 2000

All living things including human being consist of soul(spirit) and body. Soul is the root of a life and body frames it. I wrote this paper to tell how internal injury due to endogenous etiological factors and affection due to exegenous pathogenic factors, affect the internal organs and the external bodily from. This paper begins with description of the patterns of disharmony of the internal organs. General disorders of each Five-Jang(五藏) an be classified into two types of soul and body. The Liver and the Heart which lead changing to Yang(陽) of vital energy, have close relationship with spiritual symptoms because spirit is related to Yang. The Lung, Kidneys, the Spleen which lead changing to m(陰) of vital energy, mainly connected with physical disorders because body is relatively close to m. The Five-Jang are ruled by the Five-Phases(五行) system and cause troubles with Oche(五體) and the nine body orifice. Otherwise the main function of the Six-Bu(六府) is to receive food, absorb the usuable portions, and transmit and excrete waste. Therefore they can cause such problems as abdominal pain, distention, difficulty in urination, and constipation. The spleen is responsible for sending Grain-Ki)穀氣) 내 that is closely connected with the six-Bu. The Gall bladder takes care of control of giving out spirit. That's why it presents many symptoms related to the spirit that is ruled by the Five-Jang. Patterns of disharmony of external bodily form is influenced by the state of Maridians. Bodily forms get divided into many parts by the function of six-meridians(六經) to which they belong. Six-meridians have their own function related to excretion, related to excretion, retention, and balance(開闔樞). If local bodily froms get affected by pernicious influences, the Meridians to which they are attached will lose harmony and connot fulfil their own functions. Because the meridian symtem unifies all parts of the body, the whole body will be under the influence of the affection although local parts of the bodily forms get affected. Therefore the symptoms of disharmony should be considered in a synthetic view. There are however, also cases which should be focused on the very meridian channels affected. Disorder within a Meridian generates derangement in the pathway make it not to benefit the muscles and skin belong to it. Because the meridians connect the interior organs with the exterior bodily form, they are influenced by each other.

• Journal of Korean Medical classics
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• v.13 no.2 s.17
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• pp.22-42
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• 2000

All living things including human being consist of soul(spirit) and body. Soul is the root of a life and body frames it. I wrote this paper to tell how internal injury due to endogenous etiological factors and affection due to exogenous pathogenic factors, affect the internal organs and the external bodily from. This paper begins with description of the patterns of disharmony of the internal organs. General disorders of each Five-Jang(五藏) an be classified into two types of soul and body. The Liver and the Heart which lead changing to Yang(陽) of vital energy, have close relationship with spiritual symptoms because spirit is related to Yang. The Lung, Kidneys, the Spleen which lead changing to m(陰) of vital energy, mainly connected with physical disorders because body is relatively close to m. The Five-Jang are ruled by the Five-Phases(五行) system and cause troubles with Oche(五體) and the nine body orifice. Otherwise the main function of the Six-Bu(六府) is to receive food, absorb the usable portions, and transmit and excrete waste. Therefore they can cause such problems as abdominal pain, distention, difficulty in urination, and constipation. The spleen is responsible for sending Grain-Ki(穀氣) so that is closely connected with the six-Bu. The Gall bladder takes care of control of giving out spirit. That's why it presents many symptoms related to the spirit that is ruled by the Five-Jang. Patterns of disharmony of external bodily form is influenced by the state of Meridians. Bodily forms get divided into many parts by the function of six-meridians(六經) to which they belong. Six-meridians have their own function related to excretion, related to excretion, retention, and balance(開闔樞). If local bodily forms get affected by pernicious influences, the Meridians to which they are attached will lose harmony and cannot fulfil their own functions. Because the meridian system unifies all parts of the body, the whole body will be under the influence of the affection although local parts of the bodily forms get affected. Therefore the symptoms of disharmony should be considered in a synthetic view. There are however, also cases which should be focused on the very meridian channels affected. Disorder within a Meridian generates derangement in the pathway make it not to benefit the muscles and skin belong to it. Because the meridians connect the interior organs with the exterior bodily form, they are influenced by each other.

• Proceedings of the KIEE Conference
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• 2002.11c
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• pp.422-425
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• 2002

Position balance control refers to ability that is kept bodily center of gravity under minimum position shake on surface of land. Patients who an injury of brain, a wound of the central nervous system or weakening of leg muscular power is fallen are trend increasing steadily by the car accident body balance function is on an increasing trended. These patients have difficulty in position balance control, receive big restriction walk and life style. This research composed to do body balance function rehabilitation training which elevate leg muscular power using step machine. And expect to become effective rehabilitation training device because measuring bodily pressure center using Force Platform and do so that can confirm training result easily as that is monitor.

• Journal of the Korean Institute of Educational Facilities
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• v.10 no.4
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• pp.21-30
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• 2003

The main goal of this study is to examine the current status of architectural glass in terms of its risk for inflicting injury in elementary schools, middle schools, and high schools. Through objective analysis of data contributed by the investigation of the cause, degree of seriousness, and bodily location of injury, the hazardousness of architectural glass in educational facilities will be evaluated. Most importantly, this study is an attempt to increase awareness of the need for establishing a safety standard in the installation of safety glass in order to prevent injuries inflicted by architectural glass in educational facilities.