• The Korean Society of Law and Medicine
• /
• v.23 no.4
• /
• pp.133-170
• /
• 2022

Supreme Court 2018Da228486, on July 29, 2021, ruled Article 750 of the Civil Act as the basis for liability for damages due to the violation of the supervisory duty of the responsible mental patient. This judgment recognizes that the legal guardian is liable for tort due to neglect of the responsibility of supervision under Article 750 of the Civil Act because the duty of protection bears the duty of supervision over the mental patient under the law. However, unlike the case of Article 755 Paragraph 1, which explicitly requires a legal obligation to supervise, Article 750 only stipulates general tort liability. Thus, to admit tort liability under Article 750, it is not necessary that the basis of the supervisory duty by the law. In this case, the supervisory duty may also be acknowledged according to customary law or sound reasoning. The duty of supervision of a legal guardian is not a general duty to prevent all consequences of the behavior of a mental patient but a duty within a reasonably limited scope. Therefore, the responsibility of the burden of care should be acknowledged only when the objective circumstances in which it is appropriate to hold the legal guardian for the acts of the mental patient are admitted. Under the Act on the improvement of mental health and the support for welfare services for mental patients, a legal guardian cannot even be granted the supervisory duty to prevent the mental patient from harming others.

• The Korean Society of Law and Medicine
• /
• v.24 no.2
• /
• pp.147-196
• /
• 2023

Advances in brain science have made it possible to stimulate the brain to treat brain disorder or to connect directly between the neuron activity and an external devices. Non-invasive neurotechnologies already exist, but invasive neurotechnologies can provide more precise stimulation or measure brainwaves more precisely. Nowadays deep brain stimulation (DBS) is recognized as an accepted treatment for Parkinson's disease and essential tremor. In addition DBS has shown a certain positive effect in patients with Alzheimer's disease and depression. Brain-computer interfaces (BCI) are in the clinical stage but help patients in vegetative state can communicate or support rehabilitation for nerve-damaged people. The issue is that the people who need these invasive neurotechnologies are those whose capacity to consent is impaired or who are unable to communicate due to disease or nerve damage, while DBS and BCI operations are highly invasive and require informed consent of patients. Especially in areas where neurotechnology is still in clinical trials, the risks are greater and the benefits are uncertain, so more explanation should be provided to let patients make an informed decision. If the patient is under guardianship, the guardian is able to substitute for the patient's consent, if necessary with the authorization of court. If the patient is not under guardianship and the patient's capacity to consent is impaired or he is unable to express the consent, korean healthcare institution tend to rely on the patient's near relative guardian(de facto guardian) to give consent. But the concept of a de facto guardian is not provided by our civil law system. In the long run, it would be more appropriate to provide that a patient's spouse or next of kin may be authorized to give consent for the patient, if he or she is neither under guardianship nor appointed enduring power of attorney. If the patient was not properly informed of the risks involved in the neurosurgery, he or she may be entitled to compensation of intangible damages. If there is a causal relation between the malpractice and the side effects, the patient may also be able to recover damages for those side effects. In addition, both BCI and DBS involve the implantation of electrodes or microchips in the brain, which are controlled by an external devices. Since implantable medical devices are subject to product liability laws, the patient may be able to sue the manufacturer for damages if the defect caused the adverse effects. Recently, Korea's medical device regulation mandated liability insurance system for implantable medical devices to strengthen consumer protection.

• Journal of the Korean Institute of Landscape Architecture
• /
• v.51 no.1
• /
• pp.13-28
• /
• 2023

This study examines the process of project promotion in Busan, which introduced the private participation-type consultative body for the first time in the country in the promotion stage of the private-initiated park development project, and introduced flexible application of the system and differentiated policy elements in the implementation process, and examines the operational characteristics and we tried to analyze performance, etc. As a result of the analysis, first, the preferred bidder was selected by introducing a mixed method in the project method, which is an independent project method that cannot be seen in other local governments. Second, by specifying guidelines considering the characteristics of each park and detailed guidelines such as the location, area, and maximum height of non-park facilities, criteria for establishing a rational development plan utilizing regional identity and the basis of evaluation standards were laid. Third, in the project process, transparency was secured through the delegation-type roundtable, in which the private sector performs the functions and roles of key actors, thereby preventing disputes such as suspicion of preferential treatment. Fourth, in order to improve the quality of park facilities to be donated and to secure design adequacy, after approval of the implementation plan, a general planner was introduced and construction project management (design stage) services were performed to promote efficient implementation and specialization of luxury parks in the region. As a result, the city of Busan carried out the project efficiently by conserving 5 parks from sunset, a park area of 2.25km², and reducing land compensation and park construction costs by KRW 740 billion. Reinforcement of the public nature of the private-initiated park development project was suggested. However, due to the application of these systems and verification procedures, the project period is prolonged, and park services are delayed along with the financial burden on private operators.

• Journal of the Korean Orthopaedic Association
• /
• v.54 no.1
• /
• pp.1-8
• /
• 2019

Globally, the elderly population is increasing rapidly, which means that the number of deformity correction operations for elderly spine deformity patient has increased. On the other hand, for aged patients with deformity correction operation, preoperative considerations to reduce the complications and predict a good clinical outcome are not completely understood. First, medical comorbidity needs to be evaluated preoperatively with the Cumulative Illness Rating Scale for Geriatrics or the Charlson Comorbidity Index scores. Medical comorbidities are associated with the postoperative complication rate. Managing these comorbidities preoperatively decreases the complications after a spine deformity correction operation. Second, bone densitometry need to be checked for osteoporosis. Many surgical techniques have been introduced to prevent the complications associated with posterior instrumentation for osteoporosis patients. The preoperative use of an osteogenesis inducing agent - teriparatide was also reported to reduce the complication rate. Third, total body sagittal alignment need to be considered. Many elderly spine deformity patients accompanied degenerative changes and deformities at their lower extremities. In addition, a compensation mechanism induces the deformed posture of the lower extremities. Recently, some authors introduced a parameter including total body sagittal alignment, which can predict the clinical outcome better than previous parameters limited to the spine or pelvis. As a result, total body sagittal alignment needs to be considered for elderly spine deformity patients after a deformity correction operation. In conclusion, for elderly spine deformity patients, medical comorbidities and osteoporosis need to be evaluated and managed preoperatively to reduce the complication rate. In addition, total body sagittal alignment needs to be considered, which is associated with better clinical outcomes than the previous parameters limited to the spine or pelvis.

• (The) Research of the performance art and culture
• /
• no.39
• /
• pp.69-96
• /
• 2019

North Korea has conserved operas in a selective manner. The subject matters of operas recorded in the history of North Korea can be divided into classical tales, translated foreign works, Korean War and war against Japan. Operas that adapted folk classics of the 1950s are considered valuable materials to verify the changes of genres posterior to division of regime between North and South Korea. The officially confirmed works include "Kumgangsan Palseonnyeo (Gyeonwoo Jiknyeo)," "Chunhyangjeon." "Kongjwi Patjwi (Kotsin)," "Ondal," and "Geumnaneui Dal." These works had gone through recreation in terms of realistic situation setting, abolition of class difference, adjustment of social rank and punishment of evil while the base lies in the original folk classics. People emphasized in adapted folk operas are described as those who are hard-working souls without giving importance of difference of social rank, content with the currently living space, devoted to their parents and full of patriotic spirit, and members of community who participate in organized fights against unfair exploitation. This was the fruit of encouragement of work creation supporting union between labor and individual life, destruction of old things and fight promoting this destruction. Folk operas of South and North Korea posterior to Korean War have similarities in that both deal with a love story transcending social ranks and the concomitant conflicts and they focus on the audience who enjoy the operas. Nonetheless, they are different in that this love in North Korea became a tool of educating people wished by the regime, while it became an object of securing the audience by adding the tragic element to love in South Korea. North Korean operas of the initial stage are characterized by playwriting method emphasizing difficult life and compensation of common people, realistic stage expression, accentuation of melody and agreement between notes and lyrics. This was efforts designed to continuously lead senses concentrated from the theater to everyday life of people. In effect, this is in line with the playwriting method of revolutionary operas. Adapted folk operas were subject matters ideal for easily approaching the audience and leaving them good memories at the same time. To realize socialist realism, they went through an experiment of reviewing "people" through the classic folk operas. The possibility of continuation of a work was determined by thorough evaluation after carrying out an experiment in terms of subject matters, theme, music and operation plans from the moment of which the work was on the stage. The sign consisted in the possibility of visit of "Kim Il-sung" to appreciate the work and presentation of directionality. By proposing the clear directionality of which hard-working people who deny social status system can be duly compensated, it encouraged the audience who saw the opera to voluntarily put this in practice. Thus, operas established the directionality through selective processes for creating public communion even before revolutionary operas.

• Journal of the Korea Knowledge Information Technology Society
• /
• v.13 no.1
• /
• pp.11-23
• /
• 2018

This paper empirically investigates the factors that influence the consumer choice of an app market based on the rational choice theory. The app market is the only channel where a consumer can buy smartphone apps, which give various functional convenience and are considered to be a major contributor to the proliferation of smartphones. Analyses of 281 questionnaires show that usability and structural guarantees as benefit factors significantly influence the app market choice. From the cost perspectives, both monetary and non-monetary conversion costs are found to significantly influence the app market choice. On the other hand, customer trust, information quality, and market image were found to have no significant effect on app market selection. In particular, Korean app market platform providers (KT, LG U +) seem to be superior in terms of structural guarantees, such as customer center operation and damage compensation regulations, compared to overseas app market platform operators (Google). However, in the case of the Google App Market, it is pre-installed on all Android phones, so it is not inconvenient to install additional apps to use other app market. This is disadvantageous to domestic app market platform operators, and it is necessary to establish a policy solution point. In terms of operator costs, both monetary and non-monetary conversion costs have a significant impact on app market choice. In particular, non-monetary conversion costs have a negative impact on Korean app market platform operators. It can be explained that the service expectation level of the domestic app market is low and it is recognized that the time cost factor such as membership is large for new users to use. It seems to be necessary to improve the domestic app market business. Meanwhile, extant research on smartphone apps focuses on the purchase of apps themselves, but not on the selection of the app market itself. In order to fill in this gap, this study focuses on the determinants of app market selection, including the characteristics of an app market and the switching costs.

• Korea Trade Review
• /
• v.48 no.3
• /
• pp.23-41
• /
• 2023

The seller and the buyer write down the agreed details in the trade contract as trade contract clauses. In the case where a letter of credit is agreed to be the payment condition, the buyer shall open a letter of credit to the seller with the shipping date specified in the trade contract through its bank. In this case, the legal relationship between the performance date of the trade contract and the shipment date of the letter of credit, the change of the performance date of the trade contract due to the change of the trade contract and the change of the shipment date specified in the letter of credit, the seller's letter of credit A problem arises in the legal interpretation of the approval period and the change request period. Therefore, this paper analyzed the precedents of the Seongnam Branch of the Suwon District Court and the Seoul High Court related to these legal issues. The performance date of a trade contract is the seller's delivery date and the buyer's payment date. In the letter of credit transaction, the date of performance of the trade contract is regarded as the date of shipment and the date of negotiation of documents specified in the letter of credit. The seller must decide whether to accept the letter of credit within 5 banking days after receiving the letter of credit from the buyer. After this period has elapsed, the seller cannot refuse the letter of credit. However, if the buyer is unable to decide whether to accept the letter of credit within 5 banking days due to reasons attributable to the buyer, the delivery date specified in the letter of credit will be extended. If the seller requests an amendment to the letter of credit, the buyer must accept it and open the letter of credit the seller desires to the seller. If the buyer refuses the seller's request to change the letter of credit, company A has the obligation to change and reopen the letter of credit as requested by company B. Expect by agreeing on the quotation As it is a fundamental breach of contract stipulated in Article 25 of the United Nations Convention on Contracts for the International Sale of Goods, company B can cancel the trade contract and claim damages from company A. Compensation for damages caused by Company A's breach of the trade contract shall be an amount equal to the loss suffered by Company B as a result of the breach, including loss of profits.

• Health Policy and Management
• /
• v.34 no.1
• /
• pp.38-47
• /
• 2024

Background: Korea's population of children and adolescents has decreased by 2.88 million over the past decade and is expected to decline further due to the unprecedented low birth rate. In the fee-for-service compensation system, the decline in the pediatric population relates directly to the profit decrease in the pediatric clinics. This study analyzed whether the worsening profits of pediatric clinics impacted their closure. Methods: We built annual data for pediatric and other department clinics (internal medicine, otolaryngology, and family medicine) using the status of medical institute and health insurance claims data from 2012 to 2022. Then, we analyzed whether institutional variables such as annual profit and regional variables (Herfindahl-Hirschman index, the number of clinics per 100,000, etc.) affected the closure of clinics. The methods used in this study are descriptive statistics and chi-square analysis. Odds ratios for each variable were estimated by generalized estimating equations (GEE). Results: The closure rate of pediatric clinics was 2.66%-7.04% in 2012-2022, which was consistently higher than those of internal medicine, otolaryngology, and family medicine clinics. The profit gap per institution between the pediatric and the other clinics grew from 126 million won in 2012 to 245 million won in 2019. In the GEE analysis, profit decrease compared to the previous year with lower profit was the main factor that increased the closure of pediatric and other department clinics. After adjusting profit-related variables, the decrease in the pediatric population itself did not relate to the closure of pediatric clinics. The number of pediatric clinics or monopolies also did not affect the closure of pediatric clinics. Conclusion: The worsening profit is the crucial factor for the closure of pediatric clinics, while the pediatric population is decreasing. For this reason, it is necessary to actively seek ways to maintain a stable treatment system for children and adolescents.

• The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
• /
• v.15 no.3
• /
• pp.140-147
• /
• 2010

We investigated the effects of water temperature, salinity and irradiance on the growth of the harmful algae Chattonella ovata isolated from South Sea, Korea. C. ovata grew under all combinations of water temperatures and salinity, except for all the salinity conditions at the water temperature of $10^{\circ}C$, with the salinity of 7.5 psu and 10 psu at $15^{\circ}C$, and 7.5 psu at $20^{\circ}C$ and $30^{\circ}C$. The maximum specific growth rate was $0.62\;day^{-1}$ at the combination of $30^{\circ}C$ and 30 psu. The results of two-way ANOVA indicated that growth rate depended greatly on the water temperatures while not being affected by interactions with the salinity. This indicates that C. ovata is a stenothermal and euryhaline organism, preferring high water temperatures. C. ovata did not grow at irradiance ${\leq}30\;{\mu}mol$ photons $m^{-2}s^{-1}$. Photoinhibition did not occur at $800\;{\mu}mol$ photons $m^{-2}s^{-1}$, which was the maximum irradiance used in this study. The irradiance-growth curve was described as $\mu$ = 0.74(I-16.0)/(I+43.9) at $30^{\circ}C$ and 30 psu. The half-saturation light intensity ($K_s$) was $75.9\;{\mu}mol$ photons $m^{-2}s^{-1}$ and compensation photon flux density ($I_c$) was $16.0\;{\mu}mol$ photons $m^{-2}s^{-1}$, especially this value was comparatively lower than those of Skeletonema costatum and other flagellates previously reported. Therefore, our results indicate that C. ovata has advantageous physiological characteristics for interspecific competition at the embayment and coastal areas of Korea in summer.

• The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
• /
• v.13 no.3
• /
• pp.210-221
• /
• 2008

The mesoscale environmental surveys were conducted between $5^{\circ}N\;and\;17^{\circ}N$ mainly along the $131.5^{\circ}W$ meridian from 1997 to 2002 to investigate controlling factors of carbon and nitrogen contents in bottom sediments. Sediments of the study area showed zonal distribution pattern depending on latitudinal position and can be classified into four types; calcareous ooze($5{\sim}6^{\circ}N$), siliceous sediments($8{\sim}12^{\circ}N$), pelagic red clay($16{\sim}17^{\circ}N$), and mixed sediments($7^{\circ}N$). Inorganic carbon(IC) contents varied depending on water depth and carbonate compensation depth(CCD). Carbonate materials were well preserved in the low latitude region, where water depths are shallower than CCD. In contrast, the higher latitude region dominated by siliceous sediment and pelagic red clays has low productivity in water column as well as the water depths deeper than CCD. Thus, most of carbonate materials were dissolved, which resulted in IC contents of less than 0.05% in the sediments. Organic carbon(OC) and total nitrogen contents(TN) in siliceous sediments were higher than in pelagic red clay sediments simply because of higher primary productivity in the siliceous sediment dominated area. The contents of OC and TN were lower in the calcareous ooze than in the siliceous sediments. It is attributed to the high input of calcareous material to the bottom due to relatively shallow water depth of the area, which diluted organic matter contents in the sediment. Overall results indicated that water depth relative to CCD, primary production in water column, and sedimentation rate largely controls the large-scale distribution of carbon and nitrogen contents in the study area.