• Title/Summary/Keyword: Contract violation

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A Study on the Psychological Contract Violation of Company Members by Affiliates Separation of LX HAUSYS (LX하우시스 계열분리에 따른 기업 구성원이 인지한 심리적 계약위반에 관한 연구)

  • Kim, SungGun;Lee, SungJun
    • Journal of Korea Society of Digital Industry and Information Management
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    • v.18 no.2
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    • pp.111-125
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    • 2022
  • The general view of the division of affiliates of many large corporations is a reorganization of the governance structure, and the smooth division of affiliates is often well wrapped up in a beautiful breakup. However, the parties to the breakup are not only the owners of the company, but all employees as well. Separation of the owner family can be done with joy and good feelings, because they are separated according to the will of the owner family, and each becomes the owner of the company. As Commitment decreases and turnover behavior appears, it is necessary to take a strategic approach to members, along with consideration. This study looked into the recent separation of LG Group's affiliates based on this point of view. To this end, we focused on the case of LX Hausys of LX Group, which was separated from LG Group. To this end, through a meeting with the person in charge of LX Hausys, the company's response to the division was investigated, and FGI was conducted for retired and current members. As a result, it was confirmed through the person in charge that no appropriate measures were taken due to the separation of the company. Through FGI with the retirees and incumbents, the psychological resistance of the members and the decrease in organizational commitment and the increase in turnover intention was confirm.

Job Characteristics of Care Workers in Elderly Care Voucher Service as a Quality Element (사회서비스 품질 요소로서 제공인력의 근무특성 : 노인돌보미 바우처 사업을 중심으로)

  • Choi, Eun-Young
    • Korea journal of population studies
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    • v.33 no.3
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    • pp.101-121
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    • 2010
  • The purpose of this study is to examine the job characteristics of care workers in elderly care voucher service emphasizing a social service quality management approach. The study sample was composed of randomly-selected 233 centers which dispatched care staffs to clients' home. Descriptive analyses were performed for examining the unique aspects of relationship-based labor of care staffs, and logistic regression analyses were performed for investigating the association between service quality structure and human right violation against staffs. As the first empirical study focusing on staff-side service quality factors, this study found out that human right violation against staffs was mainly influenced by record-keeping and document management capacity of center, risk protection under insurance, compliance of standard contract procedure, and regular supervision. These results suggest particular policy attention should be given to basic protection for and set-up of core activity boundaries of care workers as well as clients-centered rights both for preventing human right violation and improving overall social service quality.

Review of the Need for Conversion of Proving Responsibility in Hospital Infection and the Duty of Safety Management as the Basis of it (병원감염 사건에서 사실상 증명책임 전환의 필용성 및 그 근거로서 안전배려의무에 관한 검토)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.123-163
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    • 2014
  • As results of analyzing judicial precedents about infection in hospitals in connection with mistakes and causality in medical litigations shows that the Mitigation of Law Principles To Prove responsibility in medical litigation has not been able to play its role compared to its intended purposes. And Major sentiment from those judgments is that a mistake can't be proved only by the fact that certain infection in hospital occurred in connection with hospital infection. Therefore, the number of indirect facts to deny estimation is overwhelmingly high. Like this, especially for hospital infection which is difficult to prove indirect facts themselves to estimate mistake, major sentiment from those judgments have a problem that impute sharing of losses caused by hospital infection to patient. In accordance with the Principles of equitable and proper sharing of losses, it's required to prepare legal interpretation and theoretical methods to largely mitigate patient's responsibility to prove medical mistakes compared to other medical litigations in connection with existing Mitigation of Law Principles To Prove responsibility and conventional theory of estimation. In connection with this, the results of review that duty of safety management in hospital infection cases can be the base of conversion of proving responsibility, the duty that prevent hospital infection, corresponding the duty of safety management in hospital infection is not conventional duty of safety management based on duty of good faith but secondary obligation of medical contract. The breach of duty preventing hospital infection is the violation of medical contract, but there is no logical necessity that convert proving responsibility from the obligation of contract itself. Therefore, the duty of preventing hospital infection from the obligation of medical contract, corresponding the duty of safety management in hospital infection cases cannot be the base of conversion of proving responsibility alone. But, it's still required to conversion of proving responsibility in hospital infection, we need further studies on cases of Germany which applies legal estimation of proving responsibilities in hospital infection.

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Regarding Issues on the Lawsuit of Medical Malpractice in the Implant Procedure -Focusing on the contract's legal character and the mitigation of burden of proof- (임플란트 시술상 의료과오의 소송상 쟁점에 관하여 -계약의 법적성격 및 입증책임 완화를 중심으로-)

  • Han, Taeil
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.143-163
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    • 2018
  • Implant procedure belongs to so called a commercialized medical treatment, its procedure is simple and clear, and the possibility of success is almost 100%. In addition, it is a selective method rather than an inevitable method for a patient's health, so the importance of liability for explanation is especially emphasized for protection of autonomous decisions by patients. Considering these characteristics, the plaintiff in the relevant case said that the contract of implant procedure has the characteristic of subcontract, and only the failure of implant itself and the violation of liability for explanation should be the defendant's fault liability. In addition, although the above procedure contract is considered as delegation rather than subcontract, whether it's the defendant's malpractice should be judged by general people's common sense rather than average people in the industry. Therefore, if all the implanted teeth were removed due to bleeding and pains, and the patient suffered from dysaesthesia during the process, the defendant's malpractice is fully proved. When the judgements of implant medical malpractice were researched, the court doesn't consider implant contract as subcontract, but it judges dentist's malpractice by whether the implant itself is successful, so it seems that the court acknowledges similar characteristics with subcontract whose purpose is completion of work to some degree. In addition, considering the detailed contents of presented medical malpractices, it seems that judging medical malpractice is based on the common sense of general people. Therefore, the argument of the plaintiff is valid when the fact the adjustment amount is relevant to the amount that the plaintiff initially claimed is considered even though the relevant case was decided to be compulsory mediation.

A Study on the Blockchain-Based Access Control Using Random-List in Industrial Control System (산업제어시스템에서 랜덤리스트를 이용한 블록체인 기반 접근제어 방식에 관한 연구)

  • Kang, Myung Joe;Kim, Mi Hui
    • KIPS Transactions on Computer and Communication Systems
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    • v.11 no.5
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    • pp.147-156
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    • 2022
  • Industrial control systems that manage and maintain various industries were mainly operated in closed environment without external connection, but with the recent development of the Internet and the introduction of ICT technology, the access to the industrial control system of external or attackers has become easier. Such incorrect approaches or attacks can undermine the availability, a major attribute of the industrial control system, and violation of availability can cause great damage. In this paper, when issuing commands in an industrial control system, a verification group is formed using a random list to verify and execute commands, and a trust score technique is introduced that applies feedback to the verification group that conducted verification using the command execution result. This technique can reduce overhead generated by random generation in the process of requesting command verification, give flexibility to the verification process, and ensure system availability. For the performance analysis of the system, we measured the time and gas usage when deploying a smart contract, gas usage when verifying a command. As a result, we confirmed that although the proposed system generates a random list compared to the legacy system, there was little difference in the time when it took to deploy smart contract and that the gas used to deploy smart contract increased by about 1.4 times in the process of generating a random list. However, the proposed system does not perform random operations even though the operation of command verification and confidence score technique is performed together during the command verification process, thus it uses about 9% less gas per verification, which ensures availability in the verification process.

The Rights of Patients as Consumers (환자의 소비자로서 권리)

  • Kwon, Yong Jin;Son, Sang Sik;Lim, Young Deok
    • Health Policy and Management
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    • v.22 no.3
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    • pp.315-346
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    • 2012
  • The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.

On Scheduling Real-Time Traffic under Controlled Load Service in an Integrated Services Internet

  • Shi, Hongyuan;Sethu, Harish
    • Journal of Communications and Networks
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    • v.5 no.1
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    • pp.73-81
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    • 2003
  • The controlled load service defined within the IETF's Integrated Services architecture for quality-of-service (QoS) in the Internet requires source nodes to regulate their traffic while the network, in combination with an admission control strategy, provides a guarantee of performance equivalent to that achieved in a lightly loaded network. Packets sent in violation of the traffic contract are marked so that the network may assign them a lower priority in the use of bandwidth and buffer resources. In this paper, we define the requirements of a scheduler serving packets belonging to the controlled load service and present a novel scheduler that exactly achieves these requirements. In this set of requirements, besides efficiency and throughput, we include an additional important requirement to bound the additional delay of unmarked packets caused due to the transmission of marked packets while dropping as few marked packets as possible. Without such a bound, unmarked packets that are in compliance with the traffic contract are not likely to experience delays consistent with that in al lightly loaded network. For any given desired bound ${\alpha}$ on this additional delay, we present the CL(${\alpha}$) scheduler which achieves the bound while also achieving a per-packet work complexity of O(1) with respect to the number of flows. We provide an analytical proof of these properties of the CL(${\alpha}$) scheduler, and we also verify this with simulation using real traces of video traffic. The scheduler presented here may be readily adapted for use in scheduling flows with multi-level priorities such as in some real-time video streams, as well as in other emerging service models of the Internet that mark packets to identify drop precedences.

Review of 2013 Major Medical Decisions (2013년 주요 의료 판결 분석)

  • Lee, Dong Pil;Jeong, Hye Seung;Lee, Jung Sun;Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.263-302
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    • 2014
  • The court handed down meaningful rulings related to medical sectors in 2013. This paper presents the ruling that the care workers could be the performance assistants of the care-giving service although the duties of care worker are not included in the liability stipulated in the medical contract signed with the hospital for reason of clear distinction of duties between care workers and nurses within the hospital in connection with the contract which was entered into between the hospital and patients. In relation to negligence and causal relationship, the court recognized medical negligence associated with the failure to detect the brain tumor due to the negligent interpretation of MRI findings while rejecting the causal relationship with consequential cerebral hemorrhage. The court also recognized negligence based on the observation on the grounds of inadequate medical records in a case involving the hypoxic brain damage caused during the cosmetic surgery. In terms of the scope of compensation for damages, this paper presents the ruling that the compensation should be estimated based on causal relationship only in case the breach of the 'obligation of explanation' is recognized, however rejecting the reparation for de factor property damages in the form of compensation, and the ruling that the lawsuit could be instituted in case that the damages exceeded the agreed scope despite the agreement that the hospital would not be held responsible for any aftereffects of surgery from the standpoint of lawsuit, along with the ruling that recognized the daily net income by reflecting the unique circumstances faced by individual students of Korean National Police University and artists of Western painting. Many rulings were handed down with respect to medical certificate, prescription, etc., in 2013. This paper introduced the ruling which mentioned the scope of medical certificate, the ruling that related to whether the diagnosis over the phone at the issuance of prescription could constitute the direct diagnosis of patient, along with the ruling that required the medical certificate to be generated in the name of doctor who diagnosed the patients, and the ruling which proclaimed that it would constitute the breach of Medical Act if the prescription was issued to the patients who were not diagnosed. Moreover, this paper also introduced the ruling that related to whether the National Health Insurance Service could make claim to the hospitals for the reimbursement of the health insurance money paid to pharmacies based on the prescription in the event that the hospitals provided prescription of drugs to outpatients in violation of the laws and regulations.

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Method for Improving the Safety of the Bargemen (부선 승선 선두의 안전성 제고를 위한 제언)

  • Yang, Jinyoung;Kim, Chuhyong
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.6
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    • pp.946-954
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    • 2022
  • More than half of barges have been surveyed and designated as an "unmanned barge". The main advantage of the unmanned barge is that it can carry more cargo equivalent to 25 percent of freeboard compared to that of a manned barge. In contrast, it needs an onboard crew barge because the bargeman is in charge of several tasks during sailing such as mooring or unmooring barges to or from a wharf, dropping and heaving up an anchor and turning on and of navigational lights and shapes. The instant recognition is that a tug assume the responsibility of operating a barge; however, different situations exist in which the shipper, as the operator of the barge, hires a tug. Although a tug might be a carrier of a barge under a specific contract, the master of the tug should fulfill his duty to complete its voyage. Most masters are not provided with the particulars of a barge and the information regarding the bargemen onboard, which is believed not to respect the master's authority and lead to an unintended violation of relevant laws. This paper presents three recommendations for resolving these issues: the policy approach for changing unmanned barges to manned barges, issuing a minimum safe manning certificate, and providing the master of tug information on the barge and the crew onboard. Thus, the proposed approach can be expected to improve the crew's working conditions, diminish the violation of the maximum number of persons onboard the barge, and ensure the authority of the master of tug through such recommendations.

Violation Detection of Application Network QoS using Ontology in SDN Environment (SDN 환경에서 온톨로지를 활용한 애플리케이션 네트워크의 품질 위반상황 식별 방법)

  • Hwang, Jeseung;Kim, Ungsoo;Park, Joonseok;Yeom, Keunhyuk
    • The Journal of Korean Institute of Next Generation Computing
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    • v.13 no.6
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    • pp.7-20
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    • 2017
  • The advancement of cloud and big data and the considerable growth of traffic have increased the complexity and problems in the management inefficiency of existing networks. The software-defined networking (SDN) environment has been developed to solve this problem. SDN enables us to control network equipment through programming by separating the transmission and control functions of the equipment. Accordingly, several studies have been conducted to improve the performance of SDN controllers, such as the method of connecting existing legacy equipment with SDN, the packet management method for efficient data communication, and the method of distributing controller load in a centralized architecture. However, there is insufficient research on the control of SDN in terms of the quality of network-using applications. To support the establishment and change of the routing paths that meet the required network service quality, we require a mechanism to identify network requirements based on a contract for application network service quality and to collect information about the current network status and identify the violations of network service quality. This study proposes a method of identifying the quality violations of network paths through ontology to ensure the network service quality of applications and provide efficient services in an SDN environment.