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The Obligation of Return Unjust Enrichment or Compensation for the Use of Flight Safety Zone -Seoul High Court Judgment 2018Na2034474, decided on 2018. 10. 11.- (비행안전구역의 사용에 대한 부당이득반환·손실 보상 의무의 존부 -서울고등법원 2018. 10. 11. 선고 2018나2034474 판결-)

  • Kwon, Chang-Young;Park, Soo-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.63-101
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    • 2020
  • 'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

A Study of Nursing Manpower Requirements based on the Nursing Times spent in Operating Room of an University Hospital (수술실 간호인력의 수요측정 및 간호제공량분석 - 수술대기시간과 수술시간을 중심으로 -)

  • YooN Ke Sook
    • Journal of Korean Public Health Nursing
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    • v.1 no.1
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    • pp.45-61
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    • 1987
  • This Study was an attempt to estimate the optimum numbers of Operating Room Nursing Manpower by measuring the amount of service hours required by the patients in Operating Room in relation to the service amount actually provided by the nurses. The major concern of this study was placed on the measurement of Nursing Service Requirements by using the Operating Room (O. R) Patient Acuity System recently developed by M. M. Hart to classify the O. R. patients into four groups according to the degree of the complexity of operative procedure and some other elements which increase nursing activities in respect of patient care; Acuity IV group is the one requires nursing services most, on the other hand Acuity I requires least. nu sing The objectives of this study were as follows; 1. To analyze functions of the nursing personnel in O. R. by time unit and to estimate the average time a nurse can activate for productive functions. 2. To measure the actual amount of nursing times provided by nurses to the surgical patients. 3. To develop a patient classification system in order to measure the amount of Nursing services required by the patients. 4. To calculate an appropriate number of nursing manpower to meet the needs of the patients. In order to conduct the research both selected nurses and patients in 'S' University Hospital were Studied by utilizing the O. R. Patient Acuity System as well as the Classification Chart developed by Association of Operating Room Nurses (A. O. R. N) as a means of classifying functions of O. R. nurses. That is; Functions of the 10 selected O. R. nurses observed during the period of June 30 to July 4, 1986, whereas the amount of nursing services required by or provided to the 974 patients who had received surgeries during the period of June 9 to July 4, 1986. The results of this study were as follows; 1) The actual working hours per a nurse averaged 6.7 hours a day. 2) Each nurse's daily routine schedule consists of $71.4\%$ for Technical Functions, $16.1\%$ for Nonprodective Functions, $6.6\%$ for Assessment and Evaluation, $3.9\%$ for Overseeing and Supervision and the rest $2.0\%$ for Patient Preparation respectively. 3) Preoperative waiting time per a patient was 24.1 minutes on the average; for the first case was 10.7 minutes, whereas for the following cases was 32.0 minutes. 4) Total Operation time for the 974 patients during the period of observation for this study amounted to 2759.6 hours, weekly hour was equivalent to 689.9 hours, Whereas daily operation time averaged 130 hours. Meanwhile the average operation time per patient was 2.8 hours ; for the case of Acuity IV was 5.6 hours, 5. 1 hours for the case of Acuity III, 2.3 hours for Acuity II and 1.1 hours for Acuity I. 5) According to the O. R. Patient Acuity System, $64.5\%$ of the whole patients belonged to Acuity II, $23.7\%$ to Acuity III, 11. $3\%$ to Acuity IV and $0.7\%$ to Acuity I respectively. 6) Required amount of nursing times based on the preoperative waiting time and operation time was 7167.8 person hours, which showed that $5.5\%$ of them needed for preoperative nursing care, whereas the rest $94.5\%$ for intraoperative nursing care. In terms of the O. R. Patient Acuity System, $49.7\%$ of total nursing service requirements was needed for Acuity II patients, $27.4\%$ for Acuity III patients, $17.2\%$ for Acuity IV patients and $0.2\%$ for Acuity I patients. 7) The rate of the nursing services provided against the required nursing times was about $81.4\%$ on the average; some departments, like those of Plastic Surgery, Otolaryngology and Ophthalmology whose patients mostly belonged to Acuity II recorded hegher provision rate than average, whereas other departments of Thoracic Surgery. Neurosurgery and Orthopedic Surgery whose patients belonged to Acuity III and Acuity IV as well as Acuity II recorded lower provision rate than average. 8) Subsequently, required numbers of nursing manpower was 10.7 nurses additionally. Based on the above findings the following recommendations will be made; 1) this study recommends, develops. and adopts an accurate and realistic O. R. Patient Acuity System which can help measure the nursing service requirements objectively to elicit the rationales of allocation of nursing personnels. 2) this study proposes storongly place nurses who take the role of preoperative nursing care exclusively for the waiting patients in O. R. and shortening their waiting time by close communication between the designated O. R. and the ward.

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Appling Nursing Theory to Clinical Practice of Home Health Care (가정간호실무에 적용가능한 이론적틀)

  • Woo, Seon-Hye
    • Journal of Home Health Care Nursing
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    • v.11 no.1
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    • pp.5-13
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    • 2004
  • The home health care industry has grown rapidly and can be expected to continue to grow in the foreseeable future. Home health care refers to the practice of nursing applied to clients with a health condition in the clients place of residence. clients and their designated care givers are the focus at home health nursing practice. The goal of care is to initiate. manage and evaluate the resources needed to promote the clients optimal level of well-being and function. Nursing activities necessary to achieve this goal may warrant preventive maintenance and restorative emphases to prevent potential problems from developing. Many project program were suggested home health care model for Korea's health care system and policy direction for expansion and establishment of home health care .But the aim of this paper is to provide on overview for theoretical frame work in home health care. Theories and conceptual frameworks or models are important nursing because they define and guide the boundaries of professional practice and identify key nurse-patient-caregiver relationships that emerge with caring. Following is the research with an investigation of the literature review in the University of Arizona international medline database, In conclusion, are as followers: First, many nursing theorists have had a tremendous impact on nursing practice. the following highlights those nursing theorists that are particularly helpful in understanding home health care. 1. Florence Nightingale : Our earliest theoretical legacy. Nightingale's believes are reflected in basic infection control practice such as hand washing and infectious waste disposal and are key nursing interventions in home care. 2. Martha Roger's :Science of unitary human beings theory. Rorger's believed that the focus of shared. non invasive healing modelities is the human environmental field rather than direct physical care. These modelities continue to evolve as our awareness (reflecting greater diversity, faster rhythms, motions, and ways of knowing) transcends time and space, allowing individuals to get in touch with their integral nature of unbroken wholeness. On people as ever changing energy fields have special relevance in home care especially with hospice and palliative care applications. 3. Madeline Leininger's; Transcultural nursing theory. Home care nurses move through a variety of communities and often care for patients from different cultural back grounds. Therefore Leininger's work has a good that with home care because home care nursing practice is very culturally focused. 4. Dorothea Orem's : Self care deficit theory. Orem's theory views care as something to be performed by both nurses and patients. The role of the nurse is to provide education and support that help patients acquire the necessary activities to perform self-care. Orem's theory is foundational to have care because it begins to truly acknowledge the role of the patient in managing his or her own health. which is referred to as self-care. 5. Margaret Neuman's; Health as expending consciousness theory. Neuman believes that health compasses disease and reflects an underlying pattern of person-environment interaction. A key application of 'Neuman's work to home care is for nurses to understand that health and illness do not necessarily exist at opposite ends of a continuum. 6. Jean Watson's: Theory of human caring. Watson's theory of human caring in nursing proposes human caring as the moral ideal of nursing. Nurses participate human caring to protect, enhance and preserve humanity by assisting individuals to fing meaning in illness. pain and existence and to help others gain self knowledge. self control. and self healing such thinking lends richness to theory development. as well as clinical practice in home care. Second, Robin Rice : Dynamic self determination for self care. (A theoretical framework for home care) Dynamical self determination for self care can be useful to home care nurses in a variety of ways. As research tool it can be reflected in the interview process when the home visit. The home care nurse's role is that of facilitator of patient self-determination for self care through numerous strategies. including patient education and case management.

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A Study on the Economic Valuation of the Suncheon Bay Wetland according to the Logit Model (로짓모형에 따른 순천만습지의 경제적 가치평가)

  • Lee, Jeong;Kim, Sa-rang;Kweon, Dae-gon;Jung, Bom-bi;Song, Sung-hwan;Kim, Sun-hwa
    • Journal of the Korean Institute of Landscape Architecture
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    • v.45 no.6
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    • pp.10-27
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    • 2017
  • Recently, the importance of recognizing the natural environment and the need for its conservation are increasing due to rapid urbanization. Suncheon Bay, designated as Scenic Site No. 41 and one of the World's Five Greatest Coastal Wetlands, is the only tideland among the tidal flats in Korea, which has salt marsh reserves. It has high conservation value from the ecological aspect. In addition to the Suncheon Bay National Garden, it provides various benefits not only to visitors but to local residents as well in terms of economics, environmental issues, and history and cultural aspects. Two million tourists visit the site annually, which has constantly highlighted the limits of ecological capacity. The valuation of the Suncheon Bay wetland is more important for the sustainability of the Suncheon Bay wetland than for its value as a tourism resource for the activation of the local economy. This study used the Logit model, which is commonly used among probabilistic choice models, to evaluate the economic value of Suncheon Bay wetland with the contingent valuation method(CVM). Applying the conservation value of the Suncheon Bay wetland to the benefit of KRW 8,200 for 1 person and 1 day, the benefit from exploration is KRW 2,050, the management and conservation value is KRW 3,034, and the heritage value is KRW 3,116. The results of this study are that benefit from the annual exploration of Suncheon Bay wetland was KRW 44.3 in billion, the management and conservation value was KRW 6.55 in billion, and the heritage value was KRW 6.73 in billion. When converted to the number of paying visitors per year, the conservation value is about KRW 177.1 billion. This study was conducted to evaluate the use and conservation aspects of the economic value of Suncheon Bay wetland. Based on the latent value of the Suncheon Bay wetland, it provides basic data about the efficient management and policy establishment of Suncheon Bay wetland. The study is significant in that the ecological sustainability of the Suncheon bay wetland and the value of non-marketable were evaluated based on the recognition of 'benefit through exploration', 'management and conservation value' and 'value of heritage'. It can be used as policy decision data on the integrated collection of the admission fee of the Suncheon Bay wetland and Suncheon Bay National Garden.

Efficient Application of Westgard Multi-Rules and Quality Control Implementation Improvement (Westgard Multi-Rules의 효율적 적용과 조치사항의 개선)

  • Jung, Heung Soo;Oh, Youn Jung;Bae, Jin Soo;Baek, Jin Young;Hwang, Bo ra;Shin, Yong Hwan
    • The Korean Journal of Nuclear Medicine Technology
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    • v.21 no.1
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    • pp.60-64
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    • 2017
  • Purpose Westgard multi-rules application based on test quality improvement and commercialized international standard has been widely used in quality control. However, it is difficult to applicate the Westgard multi-rules in nuclear medicine in vitro tests due to the larger sample sizes and the simultaneous measurement of quality control material and patient sample. This study investigated the usefulness of Westgard multi-rules application in nuclear medicine in vitro tests. Materials and Methods A total of 282 systematic error multi-rules (22s, 101s) recorded in the samsung medical center computer system from January 2013 to June 2016 along with 117 cases of corrective measure record was analyzed. The Quality control implementation is recorded in Hospital information system were divided into 4 high-level areas including quality control material error, experimental procedural error, Kit lot number management error, and others. To prevent quality control material error, the existing method that each staff used their own method was changed. The staff who in charge of managing the quality control material was designated and daily consumption amount of every test was strictly controlled by one person. To prevent other errors, every test step was standardized so that the entire test procedures are identically implemented. Results The total quality control implementation was 117 cases; As a result, 62 quality control material errors were 62 cases, experimental process errors were 24 cases, Kit lot number control errors were 18 cases, and other errors were 13 cases. The quality control material error was corrected and could be used fresh materials within 2 days after thawing. The cases of systemic error were decreased to causes as quality control material error. The quality control materials were reduced above 10 vials to a monthly average. In addition, these errors of experimental processing and Kit lot number were improved by test standardization. Consequently, the cases of 101s and 22s in systematic error rules decreased at least 2 cases to a monthly average. Conclusion To confirm of systematic error through multi-rules application quickly, it is necessary to base on management of the QC material, target values and standard deviation. Moreover, in the event of a systematic error, it was found important to record measures based on test cause analysis. The experiment results are expected to contribute to internal quality control improvement and prompt and accurate result reporting through error recording and causal analysis based on Westgard multi-rules analysis.

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Supplementary Woodblocks of the Tripitaka Koreana at Haeinsa Temple: Focus on Supplementary Woodblocks of the Maha Prajnaparamita Sutra (해인사 고려대장경 보각판(補刻板) 연구 -『대반야바라밀다경』 보각판을 중심으로-)

  • Shin, Eunje;Park, Hyein
    • MISULJARYO - National Museum of Korea Art Journal
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    • v.98
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    • pp.104-129
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    • 2020
  • Designated as a national treasure of Korea and inscribed on the UNESCO World Heritage List, the Tripitaka Koreana at Haeinsa Temple is the world's oldest and most comprehensive extant version of the Tripitaka in Hanja script (i.e., Chinese characters). The set consists of 81,352 carved woodblocks, some of which have two or more copies, which are known as "duplicate woodblocks." These duplicates are supplementary woodblocks (bogakpan) that were carved some time after the original production, likely to replace blocks that had been eroded or damaged by repeated printings. According to the most recent survey, the number of supplementary woodblocks is 118, or approximately 0.14% of the total set, which attests to the outstanding preservation of the original woodblocks. Research on the supplementary woodblocks can reveal important details about the preservation and management of the Tripitaka Koreana woodblocks. Most of the supplementary woodblocks were carved during the Joseon period (1392-1910) or Japanese colonial period (1910-1945). Although the details of the woodblocks from the Japanese colonial period have been recorded and organized to a certain extent, no such efforts have been made with regards to the woodblocks from the Joseon period. This paper analyzes the characteristics and production date of the supplementary woodblocks of the Tripitaka Koreana. The sutra with the most supplementary woodblocks is the Maha Prajnaparamita Sutra (Perfection of Transcendental Wisdom), often known as the Heart Sutra. In fact, 76 of the total 118 supplementary woodblocks (64.4%) are for this sutra. Hence, analyses of printed versions of the Maha Prajnaparamita Sutra should illuminate trends in the carving of supplementary woodblocks for the Tripitaka Koreana, including the representative characteristics of different periods. According to analysis of the 76 supplementary woodblocks of the Maha Prajnaparamita Sutra, 23 were carved during the Japanese colonial period: 12 in 1915 and 11 in 1937. The remaining 53 were carved during the Joseon period at three separate times. First, 14 of the woodblocks bear the inscription "carved in the mujin year by Haeji" ("戊辰年更刻海志"). Here, the "mujin year" is estimated to correspond to 1448, or the thirtieth year of the reign of King Sejong. On many of these 14 woodblocks, the name of the person who did the carving is engraved outside the border. One of these names is Seonggyeong, an artisan who is known to have been active in 1446, thus supporting the conclusion that the mujin year corresponds to 1448. The vertical length of these woodblocks (inside the border) is 21 cm, which is about 1 cm shorter than the original woodblocks. Some of these blocks were carved in the Zhao Mengfu script. Distinguishing features include the appearance of faint lines on some plates, and the rough finish of the bottoms. The second group of supplementary woodblocks was carved shortly after 1865, when the monks Namho Yeonggi and Haemyeong Jangung had two copies of the Tripitaka Koreana printed. At the time, some of the pages could not be printed because the original woodblocks were damaged. This is confirmed by the missing pages of the extant copy that is now preserved at Woljeongsa Temple. As a result, the supplementary woodblocks are estimated to have been produced immediately after the printing. Evidently, however, not all of the damaged woodblocks could be replaced at this time, as only six woodblocks (comprising eight pages) were carved. On the 1865 woodblocks, lines can be seen between the columns, no red paint was applied, and the prayers of patrons were also carved into the plates. The third carving of supplementary woodblocks occurred just before 1899, when the imperial court of the Korean Empire sponsored a new printing of the Tripitaka Koreana. Government officials who were dispatched to supervise the printing likely inspected the existing blocks and ordered supplementary woodblocks to be carved to replace those that were damaged. A total of 33 supplementary woodblocks (comprising 56 pages) were carved at this time, accounting for the largest number of supplementary woodblocks for the Maha Prajnaparamita Sutra. On the 1899 supplementary woodblocks, red paint was applied to each plate and one line was left blank at both ends.