• Title/Summary/Keyword: Civil Act

Search Result 456, Processing Time 0.023 seconds

The Legal Effect of Criteria for the Medical Care Benefits and The Illegality Determination on Violation of Criteria for the Medical Care Benefits on Outpatient Prescription - A Commentary on Supreme Court Judgment 2009 Da 78214 Delivered on March 23, 2013 - (요양급여기준의 법적 성격과 요양급여기준을 벗어난 원외처방행위의 위법성 -대법원 2013. 3. 28. 선고 2009다78214 판결을 중심으로-)

  • Hyun, Dooyoun
    • The Korean Society of Law and Medicine
    • /
    • v.15 no.1
    • /
    • pp.123-164
    • /
    • 2014
  • Under the new system of 'Separation of pharmaceutical prescription and dispensing' in Korea, which was implemented in 2000, physician could not dispense a medicine, and outpatient should have a physician's prescription filled at a drugstore. After pharmacist makes up outpatient's prescription, National Health Insurance Service(NHIS) pay for outpatient's medicine to pharmacist, except an outpatient's own medicine charge. And NHIS only pay for outpatient's prescription fee to physician and, physician doesn't derive profit from dispensing medicine in itself. Nevertheless, if physician writes out a prescription with violation of 'Criteria for the Medical Care Benefits', NHIS clawed back the payment of outpatient's prescription and medicine from the physician or the medical institution which the physician belongs to. In the past, NHIS's confiscation was in accordance with 'the National Health Care Insurance Act, Article 52, Clause 1'. But, since 2006 when the Supreme Court declared that there was no legal basis on the NHIS's confiscation of outpatient's medicine payment, NHIS had put in a claim for illegal prescriptions on the basis 'the Korean Civil law, Article 750(tort)'. So, Many medical institutions filed civil actions against NHIS. The key point of this actions was whether the issuing outpatient prescriptions with violations of Criteria for the Medical Care Benefits constitute of the law of tort. On this point, the first trial and the second trial took different position. Finally the Supreme Court acknowledged the constitution of the law of tort in 2013. In this paper, the author will review critically the decision of the Supreme Court, and consider the relativeness between the legal effect of Criteria for the Medical Care Benefits and the constitution of the issuing outpatient prescriptions with violations of Criteria for the Medical Care Benefits as the law of tort.

  • PDF

The Establishment of Roles and Titles of Quality Control Personnel for Construction Project Quality Assurance (건설공사 품질확보를 위한 품질관리 관련자의 역할 및 호칭 정립)

  • Lee, Chang-Hyo;Kim, Byung-Soo
    • KSCE Journal of Civil and Environmental Engineering Research
    • /
    • v.37 no.5
    • /
    • pp.871-878
    • /
    • 2017
  • The quality control personnel of the construction work shall establish and execute the quality control plan or the quality test plan and check the qualification of the used materials according to the process, the management of the test and inspection equipment, the quality education, the own quality inspection and measures. Management and quality test of Korea and plays an important role in preventing accidents. However, related organizations did not explicitly disclose their roles in quality testing and quality control tasks while changing the names of quality control personnel to test personnel and quality managers when revising related laws and regulations and the application of labor costs. Therefore, a research of this is needed to improve conflicting situation. In this study, the ambiguous title relation to the quality control persons is improved to meet the requirements of the construction work based on related laws and regulations, and each role and title is classified as 'quality tester' and 'quality manager'. In other words, the person who carries out the quality test of the "Construction Quality Test Standard" specified in the Guideline for Quality Management of Construction Projects shall be the "Quality Tester" and the person who performs the quality control plan establishment and execution work specified in the Enforcement Rule of the Construction Technology Promotion Act shall be referred to as the 'Quality Manager'.

An Experimental Study for Substitutability of Sand Mat with Fiber Mat (Fiber Mat의 Sand Mat 대체가능성평가를 위한 실험적 연구)

  • Lee Song;Jeong Yong-Eun
    • Journal of the Korean Geotechnical Society
    • /
    • v.21 no.5
    • /
    • pp.225-230
    • /
    • 2005
  • At present, there are several problems related with sand mat which is used as a way to accelerate consolidation settlement, to act like an underground drainage layer and to increase trafficability simultaneously. First of all, the unbalance of the demand and supply of sand is one of the biggest problems, which causes not only price rise but also delay of the term of the total construction work. Secondly, the damage of ecosystem and scenery is triggered by thoughtless sand dredging or mining. So, the need that sand mat should be replaced with a new environmentally friendly material has been increased. Fiber mat may be one of the proper materials that suits the need. Therefore, we intended to compare the drainage properties of sand mat with those of fiber mat by experimental model tests. On the basis of the test results, fiber mat took shorter period of consolidation than sand mat and the amount of settlement in the farmer showed a little bit bigger than in the latter. As a conclusion, the substitutability of sand mat with fiber mat could be placed highly in view of drainage efficiency. Furthermore, when fiber mat is used, it has an advantage that spoiled soil of the construction site or nearby site can be used for the purpose of increasing trafficability in addition to a role of drainage layer.

Slope Failure Along the Weathered And Mobilized Foliation Plane : Studies for Causes of the Failure and the Supporting Methodologies (풍화된 엽리면을 따라 붕괴된 대절토 사면의 붕괴요인 분석과 보강방안에 대한 연구)

  • Hwang, Sang-Gi;Kim, Young-Muk;Ji, In-Taeg;Jeon, Byoung-Choo
    • Proceedings of the Korean Geotechical Society Conference
    • /
    • 2009.09a
    • /
    • pp.775-784
    • /
    • 2009
  • Weathered foliation could act as a critical failure plane because this type of plane tend to have low roughness and long extensions. A big constructed slope at $\bigcirc\bigcirc$ road construction site was failed due to the block movement along a fault zone which is parallel to foliation. Tectonic activity reactivated a fault zone parallel to foliation, and the fault clay within the shear zone metamorphosed retrogressively to chrolite. The failed block moved when the block weigh lost the balancing with the resisting force of the retrogressively metamorphosed chrolite. Evaluating the three dimensional distribution of the foliation was critical for establishing a plan for the stabilization of the slope. For this purpose, 10 boreholes were drilled as a lattice distribution, and the BIPS analyses are performed at each boreholes. The fractures measured in the boreholes are projected into 15 cross sections and their distributions are analysed, using Fracjection software. The projection analyse show that the strike of the foliation gets dipper towards left side of the slope. This geometry indicates that there are more failure block geometry at left side of the slope. Potential failure planes are searched using the projection method, and these information are provided for further support design.

  • PDF

Improvement of agricultural water demand estimation focusing on paddy water demand (논용수 수요량 산정을 중심으로 한 농업용수 수요량 산정방법의 개선)

  • Park, Chang Kun;Hwang, Junshik;Seo, Yongwon
    • Journal of Korea Water Resources Association
    • /
    • v.53 no.11
    • /
    • pp.939-949
    • /
    • 2020
  • Currently, the demand for farmland is steadily decreasing due to changes in the agricultural environment and dietary life. In line with this, the government adopted an integrated water management with the enactment of the Framework Act on Water Management on June 2019. Therefore, it is required to take a closer look at agricultural water demand that accounts for 61% of water use for efficient water resources management. In this study, the overal process was evaluated for estimating agricultural water demand. More specifically, agricultural water demand for paddy field, which comprises 67% to 87% of agricultural water demand, was reviewed in detail. The biggest issue in estimating the paddy field water demand is the selection of the method for potential evapotranspiration. FAO recommends Penman-Monteith, but, currently, our criteria suggest a modified Penman equation that shows over estimation. Also, the crop coefficient, which is the main factor in evaluating evapotranspiration, has an issue that does not consider the current climate and crop varieties because it was developed 23 years ago. Comparing the Modified Penman and Penman-Monteith equations using the data from Jeonju National Weather Service, the modified Penman equation showed a big difference compared to the Penman-Monteith equation. When the crop coefficient was applied, the difference between late May and late August increased, where the amount of evapotranspiration was high. The estimation process was applied to four study reservoirs in Gimje. Comparing the estimated water demand with the supplied water record from reservoirs, the results showed that the estimation accuracy depends on not just the potential evapotranspiration, but also the standard water storing level in paddy fields.

Proposal Strategy and Performance Analysis of Electronic Human Resources Management Pilot Project (건설근로자공제회 전자인력관리(전자카드제)시범사업 성과 분석 및 추진전략 도출)

  • Kim, Inchie;Chin, Sangyoon;Kim, Seongah;Kim, Yeasang;Lee, Sangjun;Park, Soohun
    • Korean Journal of Construction Engineering and Management
    • /
    • v.19 no.4
    • /
    • pp.3-11
    • /
    • 2018
  • The Construction Workers Mutual Aid Association is carrying out a number of strategic tasks with the goal of "contributing to improving employment and stabilizing the return of workers to construction workers through employment welfare and retirement deduction services." One of them is the retirement deduction system. The retirement allowance system is a system for the retirement income and livelihood security of construction workers who are not adequately protected by the Labor Standards Act, such as retirement allowances due to the nature of day labor. The Construction Workers Mutual Aid Association has promoted the introduction of electronic manpower management. For the efficient management of the pilot sites and the plans for the future, comprehensive evaluation of the pilot sites as well as the evaluation of the status and operation results of each pilot project site are needed. Therefore, in this study, we will develop performance indicators to evaluate the current state of electronic manpower pilot projects and analyze the actual situation of pilot project sites through actual application, and try to derive future implementation strategies.

Fouling Mitigation for Pressurized Membrane of Side-Stream MBR Process at Abnormal Operation Condition (가압식 분리막을 이용한 Side-Stream MBR 공정의 비정상 운전조건에서 막 오염 저감)

  • Ko, Byeong-Gon;Na, Ji-Hun;Nam, Duck-Hyun;Kang, Ki-Hoon;Lee, Chae-Young
    • Journal of Korean Society of Environmental Engineers
    • /
    • v.38 no.6
    • /
    • pp.323-328
    • /
    • 2016
  • Pressurized membrane used for side-stream MBR process requires fouling control strategy both for normal and abnormal operation conditions for stable operation of the facilities. In this study, $85m^3/day$ of pilot-scale side-stream MBR process was constructed for the evaluation of fouling mitigation by air bubble injection into the membrane module. In addition, fouling phenomena at abnormal operation conditions of low influent and/or loading rate were also investigated. Injection of air bubble was found to be effective in delaying transmembrane pressure (TMP) increase mainly due to scouring effect on the membrane surface, resulting in expanded filtration cycle at a high flux of $40L/m^2{\cdot}h$ (LMH). At abnormal operation condition, injection of PACl (53 mg/L as Al) into the bioreactor showed 19% reduction of TMP increase. However, inhibition of nitrifying bacteria by continuous PACl injection was observed from batch experiments. In contrast, injection of powdered activated carbon (PAC, 0.6 g/L) was able to maintain the initial TMP of $0.2kg/cm^2$ for 5 days at the abnormal conditions. It may have been caused from the adsorption of extracellular polymeric substances (EPS), which was known to be excessively released during growth inhibition condition and act as the major foulants in MBR operations.

Phyto-restoration Potential of Soil Properties using Secale cereale for Recycle of Soils with Residual TPHs (Total Petroleum Hydrocarbons) after Off-site Treatment (잔류유분 함유 반출처리토 재활용을 위한 호밀 식재 식물상 토성회복 가능성)

  • Park, Jieun;Bae, Bumhan;Joo, Wanho;Bae, Seidal;Bae, Enjoo
    • Journal of Soil and Groundwater Environment
    • /
    • v.19 no.3
    • /
    • pp.25-32
    • /
    • 2014
  • The amount of TPH contaminated soil treated at off-site remediation facilities is ever increasing. For the recycle of the treated-soil on farmlands, it is necessary to restore biological and physico-chemical soil characteristics and to remove residual TPH in the soil by an economic polishing treatment method such as phytoremediation. In this study, a series of experiments was performed to select suitable plant species and to devise a proper planting method for the phyto-restoration of TPH-treated soil. Rye (Secale cereale) was selected as test species through a germination test, among 5 other plants. Five 7-day-old rye seedlings were planted in a plastic pot, 20 cm in height and 15 cm in diameter. The pot was filled with TPH-treated soil (residual TPH of 1,118 mg/kg) up to 15 cm, and upper 5 cm was filled with horticulture soil to prevent TPH toxic effects and to act as root growth zone. The planted pot was cultivated in a greenhouse for 38 days along with the control that rye planted in a normal soil and the blank with no plants. After 38 days, the above-ground biomass of rye in the TPH-treated soil was 30.6% less than that in the control, however, the photosynthetic activity of the leaf remained equal on both treatments. Soil DHA (dehydrogenase activity) increased 186 times in the rye treatment compared to 10.8 times in the blank. The gross TPH removal (%) in the planted soil and the blank soil was 34.5% and 18.4%, respectively, resulting in 16.1% increase of net TPH removal. Promotion of microbial activity by root exudate, increase in soil permeability and air ventilation as well as direct uptake and degradation by planted rye may have contributed to the higher TPH removal rate. Therefore, planting rye on the TPH-treated soil with the root growth zone method showed both the potential of restoring biological soil properties and the possibility of residual TPH removal that may allow the recycle of the treated soil to farmlands.

Constraints and opportunities to sustain future wheat yield and water productivity in semi-arid environment

  • Ahmad, Mirza Junaid;Choi, Kyung-Sook
    • Proceedings of the Korea Water Resources Association Conference
    • /
    • 2019.05a
    • /
    • pp.185-185
    • /
    • 2019
  • Sustaining future wheat production is challenged by anthropogenically forced climate warming and drying led by increased concentration of greenhouse gases all around the globe. Warming stresses, originating from the elevated $CO_2$ concentration, are continuously reported to have negative impacts on wheat growth and yield. Yet, elevated $CO_2$ concentration, despite being disparagingly blamed for promoting warming, is also associated with a phenomenon called $CO_2$ enrichment; in which wheat yield can improve due to the enhanced photosynthesis rates and less water loss through transpiration. The conflicting nature of climate warming and $CO_2$ enrichment and their interplay can have specific implications under different environments. It is established form the field and simulation studies that the two contrasting phenomena would act severely in their own respect under arid and semi-arid environments. Wheat is a dietary staple for masses in Pakistan. The country's wheat production system is under constant stress to produce more from irrigated agricultural lands, primarily lying under arid to semi-arid environments, to meet the rapidly growing domestic needs. This work comprehensively examines the warming impacts over wheat yield and water productivity (WP), with and without the inclusion of $CO_2$ enrichment, under semi-arid environment of Punjab which is the largest agricultural province of Pakistan. Future wheat yields and WPs were simulated by FAO developed AquaCrop model v 5.0. The model was run using the bias-correction climate change projections up to 2080 under two representative concentration pathways (RCP) scenarios: 4.5 and 8.5. Wheat yield and WPs decreased without considering the $CO_2$ enrichment effects owing to the elevated irrigation demands and accelerated evapotranspiration rates. The results suggested that $CO_2$ enrichment could help maintain the current yield and WPs levels during the 2030s (2021-2050); however, it might not withhold the negative climate warming impacts during the 2060s (2051-2080). Furthermore, 10 - 20 day backward shift in sowing dates could also help ease the constraints imposed by climate warming over wheat yields and WPs. Although, $CO_2$ enrichment showed promises to counteract the adverse climate warming impacts but the interactions between climate warming and $CO_2$ concentrations were quite uncertain and required further examination.

  • PDF

Calculation of Appropriate Number of Parking Lots for Cultural and Assembly Facilities - Focused on the Gwangju Metropolitan City Movie Theater - (문화 및 집회시설 적정 주차면 수 산정에 관한 연구 - 광주광역시 영화관을 중심으로 -)

  • Jin, Tae-Hee;Kwon, Sung-Dae;Jin, Il;Ha, Tae-Jun;Lee, Hyung-Mu;Lee, Gang-Seok
    • KSCE Journal of Civil and Environmental Engineering Research
    • /
    • v.41 no.5
    • /
    • pp.551-557
    • /
    • 2021
  • Attached parking lots installation criteria is determined by use, total floor area, etc. according to the Parking Lot Act and local government ordinances. However, with traffic demand increase inconvenience about use of culture and assembly facilities have been raised. When planning number of parking lots for cultural and assembly facilities, legal parking lots and unit parking lots are used, but this causes inconvenience and traffic problems on the surrounding roads, because reality and convenience are not considered. Therefore, this study intend to present an realistic number of parking lots calculating equation for movie theater in Gwangju Metropolitan City. After investigating number of parking lots, number of screens, number of seats, total floor area, bus route and illegal parking for a cultural facility in Gwangju Metropolitan City, prediction model for calculating number of parking lots was presented using SPSS regression analysis. As a result of comparing prediction model and unit method, the prediction model was be closer actual cumulative parking space, so prediction model verification was completed. Based on the model verified in this study, Realistic number of parking lots will be installed. However, due to limitations of research on specific areas, research on various facilities should continue in consideration of regional, population, and urban characteristics