• 제목/요약/키워드: Civil suit

검색결과 39건 처리시간 0.023초

의료과오사건에서 의사의 과실을 인정하기 위한 요건 - 대법원 2006. 10. 26. 선고 2004도486 판결 - (Requirements to accept the doctor's mistake in the medical malpractice case - Sentenced by October 26, 2006, by The Supreme Court, Precedent case no. 2004Do486 -)

  • 범경철
    • 의료법학
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    • 제8권1호
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    • pp.215-234
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    • 2007
  • The mission of the doctors is to take care of human life, body and health through the medical behaviors such as diagnosis and treatment. Under this job propensity, the doctors have care duty to take the best actions required to prevent the risk according to the patients' specific disease status. Such care duty of the doctor may be evaluated based on the medical behavior level at the medical institution and clinical medical study field. Such medical level should be understood in the normative level, considering the treatment environment, condition and specialty of the behavior, because it means the medical common sense known and acknowledged to the normal doctors. While the criminal suit requires the evidence for no doubt conviction, the civil suit requires more eased different standard. The results between the criminal and civil sentence may be different, because the confirmed former case may lead to long-term imprisonment and even death penalty, while the latter case puts only monetary penalty on the defeated party.

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공동주택 하자보증금 청구소송에 의한 하자담보책임기간 연구 (A Study on the Term of Warranty Liability by the Law-suit Requesting of the Guarantee against Defects in the Apartment Building)

  • 구해식
    • KIEAE Journal
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    • 제12권3호
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    • pp.11-18
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    • 2012
  • The purpose of this study is to contribute to solution of the defect dispute in apartment house in advance. We want to propose the improved devices in defect problems by investigating the money that exacted from the practical business of the inspection company and the money that a judge gave a decision in a civil court in 50 cases of the lawsuit to requesting the guarantee against defects and the improved schemes of the applied rate by analyzing the diagnosis money of each applied years about the term of warranty liability in 40 cases of the lawsuit separately from that. As the result, we have to reflect the defect of non construction and error construction on apartment building defects, which recognizes very important factor when we compute the defect repair warranty money and it needs to be rearranged the applied ratio in guarantee peried of housing law practically.

경량기포혼합토의 압축강도 영향인자 분석 (Analysis of the Factors Affecting Compressive Strength of Lightweight Foamed Soil)

  • 송준호;임종철;권정근
    • 한국지반공학회:학술대회논문집
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    • 한국지반공학회 2008년도 추계 학술발표회
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    • pp.1069-1080
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    • 2008
  • The mechanical characteristic of Lightweight Foamed Soil(LWFS) are investigated in this research. LWFS is composed of the in-suit soil, cement and foam to reduce the unit-weight and increase compressive strength. The unconfined compressive tests are carried out on the prepared specimens of LWFS with various soil types to investigate the relationship between compressive strength of LWFS and physical properties of soil. The result indicate that coefficient of gradation($C_g$) and liquid limit(LL) are more important factor affecting compressive strength than other physical properties of soil and coefficient of gradation($C_g$) and liquid limit(LL) can standard to determine the optical soil among the in-situ soils for LWFS.

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Development of a user-friendly and transparent non-linear analysis program for RC walls

  • Menegon, Scott J.;Wilson, John L.;Lam, Nelson T.K.;Gad, Emad F.
    • Computers and Concrete
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    • 제25권4호
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    • pp.327-341
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    • 2020
  • Advanced forms of structural design (e.g., displacement-based methods) require knowledge of the non-linear force-displacement behavior of both the overall building and individual lateral load resisting elements, i.e., walls or building cores. Similarly, understanding the non-linear behaviour of the elements in a structure can also allow for a less conservative structural response to be calculated by better understanding the cracked (i.e., effective) properties of the various RC elements. Calculating the non-linear response of an RC section typically involves using 'black box' analysis packages, wherein the user may not be in complete control nor be aware of all the intricate settings and/or decisions behind the scenes. This paper introduces a user-friendly and transparent analysis program for predicting the back-bone force displacement behavior of slender (i.e., flexure controlled) RC walls, building cores or columns. The program has been validated and benchmarked theoretically against both commonly available and widely used analysis packages and experimentally against a database of 16 large-scale RC wall test specimens. The program, which is called WHAM, is written using Microsoft Excel spreadsheets to promote transparency and allow users to further develop or modify to suit individual requirements. The program is available free-of-charge and is intended to be used as an educational tool for structural designers, researchers or students.

ADR기본법의 입법론에 관한 연구 (Research on the Legislation theory of the Fundamental ADR Act)

  • 김상찬
    • 한국중재학회지:중재연구
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    • 제13권2호
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    • pp.157-179
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    • 2004
  • Currently major countries, including the USA, have developed and contrived to activate ADR(Alternative Dispute Resolution) in order to both choose effective means for dispute resolution and establish the reformation of the judicial system; thus meeting people's revamped expectations due to the rapid increase of, and diversification in, civil disputes. This is why there has been some haste in many countries to organize systems for this, so called, 'the Fundamental ADR Act' which regulates the essential structure to accelerate the use of ADR and strengthen the links with trial procedures. For example, in 1999 Germany revised it Civil Procedure Act, to allow for a pre-conciliation process in cases involving only small sums of money. Whilst, with regard to the Civil Procedure Act in France, new regulations have been introduced with regard to actions before either a suit or return to conciliation. In the United Kingdom, as far back as 1988, additions to the legal structure allowed for expansion of regulations applying to ADR. By 1999 the new ADR regulations were part of the legal structure of the UK Civil Procedure Act. The USA passed the federal law for ADR in 1998. Since then the world has tried to enact this model in UNCITRAL on international conciliation. When we consider this recent trend by the world's major countries, it is desirable that the fundamental law on ADR should be enacted in Korea also. This paper traces the object, and the regulatory content required, for the fundamental ADR law to be enacted in Korea's future. Firstly, the purpose of the fundamental ADR law is limited only to the private sector, including administrative and excluding judicial sector and arbitration, because in Korea the Judicial Conciliation of the Civil Disputes Act, the Family Disputes Act and the Arbitration Act already exist. Secondly I will I examine the regulatory content of the basic ADR Act, dividing it into: 1)regulations on the basic ideology of ADR, 2)those on the transition to trial procedures of ADR, and 3)those on the transition to ADR from trial procedures. In addition I will research the regulatory limitations of ADR.

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Feasibility study for blind-bolted connections to concrete-filled circular steel tubular columns

  • Goldsworthy, H.M.;Gardner, A.P.
    • Structural Engineering and Mechanics
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    • 제24권4호
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    • pp.463-478
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    • 2006
  • The design of structural frameworks for buildings is constantly evolving and is dependent on regional issues such as loading and constructability. One of the most promising recent developments for low to medium rise construction in terms of efficiency of construction, robustness and aesthetic appearance utilises concrete-filled steel tubular sections as the columns in a moment-resisting frame. These are coupled to rigid or semi-rigid connections to composite steel-concrete beams. This paper includes the results of a pilot experimental programme leading towards the development of economical, reliable connections that are easily constructed for this type of frame. The connections must provide the requisite strength, stiffness and ductility to suit gravity loading conditions as well as gravity combined with the governing lateral wind or earthquake loading. The aim is to develop connections that are stiffer, less expensive and easier to construct than those in current use. A proposed fabricated T-stub connection is to be used to connect the beam flanges and the column. These T-stubs are connected to the column using "blind bolts" with extensions, allowing installation from the outside of the tube. In general, the use of the extensions results in a dramatic increase in the strength and stiffness of the T-stub to column connection in tension, since the load is shared between membrane action in the tube wall and the anchorage of the bolts through the extensions into the concrete.

치과임상영역에서 발생된 의료분쟁의 판례분석 (The Jurisdictional Precedent Analysis of Medical Dispute in Dental Field)

  • 권병기;안형준;강진규;김종열;최종훈
    • Journal of Oral Medicine and Pain
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    • 제31권4호
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    • pp.283-296
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    • 2006
  • 과학기술의 발전과 더불어 보건의료분야는 괄목할 성장을 가져왔고 국민생활 수준의 향상과 건강에 대한 관심이 고조됨에 따라 의료서비스의 수요가 급증하고 있다. 이 과정에서 국민의 권리의식의 신장, 의료행위의 본질에 대한 이해부족, 의료기술에 대한 지나친 기대, 상업화된 의료공급체계, 의사의 윤리의식 저하 및 의료법리에 대한 무지 그리고 사회적 불신풍조의 만연, 분쟁해결을 위한 제도적 장치의 결여 등이 요인으로 작용하여 의료사고 및 분쟁이 급증하는 추세이다. 본 연구는 치과관련 단체에서 보유하고 있는 소송과 관련된 자료 및 연세대학교 치과대학병원 구강내과에서 신체감정을 시행한 재판기록을 중심으로 하여 판결전문을 확보할 수 있는 치과 의료사고 판례 중 1994년부터 2004년까지의 민사소송 30례의 판례를 분석하여 다음과 같은 결과를 얻었다. 1. 소송의 연도별 분포에서 2000년 이후 급증하는 추세를 보였다. 2. 소송의 유형별 분포에서 발치와 관련된 소송이 전체의 36.7% 이었다. 3. 소송의 원인을 분석한 결과 불편감, 치료불만족과 관련된 것이 전체의 36.7%, 사망 및 영구손상이 각각 16.7% 이었다. 4. 원고의 소송결과 승소 및 강제조정, 화해권고결정이 60.0% 이었다. 5. 소송에 관련된 병원유형은 치과의원이 60.0%로 가장 높게 나타났다. 6. 소송의 심급별 구성비율에서 2,3심 이상 진행된 경우가 전체의 30.0% 이었다. 7. 손해배상 청구금액은 5천만원 이상 1억원 미만이 36.7%, 1억원 이상이 13.3% 이었고 손해배상 판결금액은 1천만원 이상 3천만원 미만이 40.0%, 1억원 이상이 6.7% 이었다. 8. 소송과 관련된 치과의사수는 2명 이상이 26.7%이었다. 9. 판결까지의 소요기간은 11개월에서 20개월이 46.7%, 21개월에서 30개월이 36.7% 이었다. 10. 의료과실 유무에서는 과실을 판정한 경우가 46.7% 이었고 소송과정에서 신체감정이나 사실조회가 이루어진 경우는 70.0% 이었다. 11. 의사패소 판례(18건)에서 판결의 주안점은 주의의무위반이 72.2% 이었고, 설명의무위반이 16.7% 이었다. 치과 의료분쟁의 경우 치료의 긴급성이 상대적으로 적어 의사의 설명의무 중요성이 폭넓게 요구되며, 주관적인 치료 만족도가 중요시되는 분야이기 때문에 결국 분쟁을 줄이는 방법으로 기술적인 과실도 줄여야 하지만 치과의사와 환자와의 신뢰 관계를 개선하는 것과 의사집단의 자율성(autonomy)의 회복이 중요하다. 그리고 불합리하게 시행되고 있는 의료배상책임보험의 보완과 함께 치과의사단체와 학계가 주도하는 교육 및 의료분쟁시 자문을 구할 수 있는 체계의 확립으로 의료분쟁에 대한 대처가 이루어져야 할 것이다.

Numerical investigation of cyclic performance of frames equipped with tube-in-tube buckling restrained braces

  • Maalek, Shahrokh;Heidary-Torkamani, Hamid;Pirooz, Moharram Dolatshahi;Naeeini, Seyed Taghi Omid
    • Steel and Composite Structures
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    • 제30권3호
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    • pp.201-215
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    • 2019
  • In this research, the behavior of tube-in-tube BRBs (TiTBRBs) has been investigated. In a typical TiTBRB, the yielding core tube is located inside the outer restraining one to dissipate energy through extensive plastic deformation, while the outer restraining tube remains essentially elastic. With the aid of FE analyses, the monotonic and cyclic behavior of the proposed TiTBRBs have been studied as individual brace elements. Subsequently, a detailed finite element model of a representative single span-single story frame equipped with such a TiTBRB has been constructed and both monotonic and cyclic behavior of the proposed TiTBRBs have been explored under the application of the AISC loading protocol at the braced frame level. With the aid of backbone curves derived from the FE analyses, a simplified frame model has been developed and verified through comparison with the results of the detailed FE model. It has been shown that, the simplified model is capable of predicting closely the cyclic behavior of the TiTBRB frame and hence can be used for design purposes. Considering type of connection detail used in a frame, the TiTBRB member which behave satisfactorily at the brace element level under cyclic loading conditions, may suffer global buckling due to the flexural demand exerted from the frame to the brace member at its ends. The proposed TiTBRB suit tubular members of offshore structures and the application of such TiTBRB in a typical offshore platform has been introduced and studied in a single frame level using detailed FE model.

교량의 생애주기비용 분석을 위한 비용함수 모델 및 시스템 개발 (Development of System and Cost Function Model for Life Cycle Cost Analysis of Bridge)

  • 박미연;선종완;엄인수;조효남
    • 한국전산구조공학회:학술대회논문집
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    • 한국전산구조공학회 2005년도 춘계 학술발표회 논문집
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    • pp.704-711
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    • 2005
  • Recently Life Cycle Cost Analysis for civil infrastructures such as pavements, bridges, and dams has been emphasized However, so far, there are few systems available for life cycle cost analysis of bridges at design stage. Therefore, the objective of this paper is to develop a user-friendly life-cycle cost analysis system for LCC-effective optimal design decision making at design stage. The program is based on the proposed LCC model, formulation, analysis modules and systematic procedure that suit Korean construction conditions. It is expected that the developed system can be effectively utilized for more LCC-effective design of bridges. It is applied to an actual bridge design project in order to demonstrate its effectiveness and applicability.

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Buffeting response control of a long span cable-stayed bridge during construction using semi-active tuned liquid column dampers

  • Shum, K.M.;Xu, Y.L.;Guo, W.H.
    • Wind and Structures
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    • 제9권4호
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    • pp.271-296
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    • 2006
  • The frequency of a traditional tuned liquid column damper (TLCD) depends solely on the length of liquid column, which imposes certain restrictions on its application to long span cable-stayed bridges during construction. The configuration of a cable-stayed bridge varies from different construction stages and so do its natural frequencies. It is thus difficult to apply TLCD with a fixed configuration to the bridge during construction or it is not economical to design a series of TLCD with different liquid lengths to suit for various construction stages. Semi-active tuned liquid column damper (SATLCD) with adaptive frequency tuning capacity is studied in this paper for buffeting response control of a long span cable-stayed bridge during construction. The frequency of SATLCD can be adjusted by active control of air pressures inside the air chamber at the two ends of the container. The performance of SATLCD for suppressing combined lateral and torsional vibration of a real long span cable-stayed bridge during construction stage is numerically investigated using a finite element-based approach. The finite element model of SATLCD is also developed and incorporated into the finite element model of the bridge for predicting buffeting response of the coupled SATLCD-bridge system in the time domain. The investigations show that with a fixed container configuration, the SATLCD with adaptive frequency tuning can effectively reduce buffeting response of the bridge during various construction stages.