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Legislative Study on the Mitigation of the Burden of Proof in Hospital Infection Cases - Focusing on the revised Bürgerliches Gesetzbuch - (병원감염 사건에서 증명책임 완화에 관한 입법적 고찰 - 개정 독일민법을 중심으로 -)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.159-193
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    • 2015
  • Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

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A Study on Actual Usage of Information Systems: Focusing on System Quality of Mobile Service (정보시스템의 실제 이용에 대한 연구: 모바일 서비스 시스템 품질을 중심으로)

  • Cho, Woo-Chul;Kim, Kimin;Yang, Sung-Byung
    • Asia pacific journal of information systems
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    • v.24 no.4
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    • pp.611-635
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    • 2014
  • Information systems (IS) have become ubiquitous and changed every aspect of how people live their lives. While some IS have been successfully adopted and widely used, others have failed to be adopted and crowded out in spite of remarkable progress in technologies. Both the technology acceptance model (TAM) and the IS Success Model (ISSM), among many others, have contributed to explain the reasons of success as well as failure in IS adoption and usage. While the TAM suggests that intention to use and perceived usefulness lead to actual IS usage, the ISSM indicates that information quality, system quality, and service quality affect IS usage and user satisfaction. Upon literature review, however, we found a significant void in theoretical development and its applications that employ either of the two models, and we raise research questions. First of all, in spite of the causal relationship between intention to use and actual usage, in most previous studies, only intention to use was employed as a dependent variable without overt explaining its relationship with actual usage. Moreover, even in a few studies that employed actual IS usage as a dependent variable, the degree of actual usage was measured based on users' perceptual responses to survey questionnaires. However, the measurement of actual usage based on survey responses might not be 'actual' usage in a strict sense that responders' perception may be distorted due to their selective perceptions or stereotypes. By the same token, the degree of system quality that IS users perceive might not be 'real' quality as well. This study seeks to fill this void by measuring the variables of actual usage and system quality using 'fact' data such as system logs and specifications of users' information and communications technology (ICT) devices. More specifically, we propose an integrated research model that bring together the TAM and the ISSM. The integrated model is composed of both the variables that are to be measured using fact as well as survey data. By employing the integrated model, we expect to reveal the difference between real and perceived degree of system quality, and to investigate the relationship between the perception-based measure of intention to use and the fact-based measure of actual usage. Furthermore, we also aim to add empirical findings on the general research question: what factors influence actual IS usage and how? In order to address the research question and to examine the research model, we selected a mobile campus application (MCA). We collected both fact data and survey data. For fact data, we retrieved them from the system logs such information as menu usage counts, user's device performance, display size, and operating system revision version number. At the same time, we conducted a survey among university students who use an MCA, and collected 180 valid responses. A partial least square (PLS) method was employed to validate our research model. Among nine hypotheses developed, we found five were supported while four were not. In detail, the relationships between (1) perceived system quality and perceived usefulness, (2) perceived system quality and perceived intention to use, (3) perceived usefulness and perceived intention to use, (4) quality of device platform and actual IS usage, and (5) perceived intention to use and actual IS usage were found to be significant. In comparison, the relationships between (1) quality of device platform and perceived system quality, (2) quality of device platform and perceived usefulness, (3) quality of device platform and perceived intention to use, and (4) perceived system quality and actual IS usage were not significant. The results of the study reveal notable differences from those of previous studies. First, although perceived intention to use shows a positive effect on actual IS usage, its explanatory power is very weak ($R^2$=0.064). Second, fact-based system quality (quality of user's device platform) shows a direct impact on actual IS usage without the mediating role of intention to use. Lastly, the relationships between perceived system quality (perception-based system quality) and other constructs show completely different results from those between quality of device platform (fact-based system quality) and other constructs. In the post-hoc analysis, IS users' past behavior was additionally included in the research model to further investigate the cause of such a low explanatory power of actual IS usage. The results show that past IS usage has a strong positive effect on current IS usage while intention to use does not have, implying that IS usage has already become a habitual behavior. This study provides the following several implications. First, we verify that fact-based data (i.e., system logs of real usage records) are more likely to reflect IS users' actual usage than perception-based data. In addition, by identifying the direct impact of quality of device platform on actual IS usage (without any mediating roles of attitude or intention), this study triggers further research on other potential factors that may directly influence actual IS usage. Furthermore, the results of the study provide practical strategic implications that organizations equipped with high-quality systems may directly expect high level of system usage.

Microbiological Hazard Analysis for HACCP System Application to Non Heat-Frozen Carrot Juice (비가열냉동 당근주스의 HACCP 시스템 적용을 위한 미생물학적 위해 분석)

  • Lee, Ung-Soo;Kwon, Sang-Chul
    • Journal of Food Hygiene and Safety
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    • v.29 no.2
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    • pp.79-84
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    • 2014
  • This study has been performed for about 270 days at analyzing biologically hazardous factors in order to develop HACCP system for the non heat-frozen carrot juice. A process chart was prepared by manufacturing process of raw agricultural products of non heat-frozen carrot juice, which was contained water and packing material, storage, washing, cutting, extraction of the juice, internal packing, metal detection, external packing, storage and consignment (delivery). As a result of measuring Coliform group, Staphylococcus aureus, Salmonella spp., Bacillus cereus, Listeria Monocytogenes, Enterohemorrhagic E. coli before and after washing raw carrot, Standard plate count was $4.7{\times}10^4CFU/g$ before washing but it was $1.2{\times}10^2CFU/g$ detected after washing. As a result of testing airborne bacteria (Standard plate count, Coliform group, Yeast and Fungal) depending on each workplace, number of microorganism of in packaging room, shower room and juice extraction room was detected to be 10 CFU/Plate, 60 CFU/Plate, 20 CFU/Plate, respectively. As a result of testing palm condition of workers, as number of Standard plate count, Coliform group and Staphylococcus aureus was represented to be high as $6{\times}10^4CFU/cm^2$, $0CFU/cm^2$ and $0CFU/cm^2$, respectively, an education and training for individual sanitation control was considered to be required. As a result of inspecting surface pollution level of manufacturing facility and devices, Coliform group was not detected in all the specimen but Standard plate count was most dominantly detected in scouring kier, scouring kier tray, cooling tank, grinding extractor, storage tank and packaging machine-nozzle as $8.00{\times}10CFU/cm^2$, $3.0{\times}10CFU/cm^2$, $4.3{\times}10^2CFU/cm^2$, $7.5{\times}10^2CFU/cm^2$, $6.0{\times}10CFU/cm^2$, $8.5{\times}10^2CFU/cm^2$ respectively. As a result of analyzing above hazardous factors, processing process of ultraviolet ray sterilizing where pathogenic bacteria may be prevented, reduced or removed is required to be controlled by CCP-B (Biological) and critical level (critical control point) was set at flow speed is 4L/min. Therefore, it is considered that thorough HACCP control plan including control criteria (point) of seasoning fluid processing process, countermeasures in case of its deviation, its verification method, education/training and record control would be required.

A Study on the Application of Bushings Fire Prevent Structure to Prevent Fire Spread of Transformer (변압기의 화재확산 방지를 위한 부싱 방화구조체 적용에 관한 연구)

  • Kim, Do-Hyun;Cho, Nam-Wook;Yoon, Choung-Ho;Park, Pil-Yong;Park, Keun-Sung
    • Fire Science and Engineering
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    • v.31 no.5
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    • pp.53-62
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    • 2017
  • Electric power which is the energy source of economy and industries requires long distance transportation due to regional difference between its production and consumption, and it is supplied through the multi-loop transmission and distribution system. Prior to its actual use, electric power flows through several transformations by voltage transformers in substations depending on the characteristics of each usage, and a transformer has the structure consisting of the main body, winding wire, insulating oil and bushings. A transformer fire that breaks out in substations entails the primary damage that interrupts the power supply to houses and commercial facilities and causes various safety accidents as well as the secondary economic losses. It is considered that causes of such fire include the leak of insulating oil resulting from the destruction of bottom part of bushings, and the chain reaction of fire due to insulating oil that reaches its ignition point within 1 second. The smoke detector and automatic fire extinguishing system are established in order to minimize fire damage, but a difficulty in securing golden time for extinguishing fire due to delay in the operation of detector and release of gas from the extinguishing system has become a problem. Accordingly, this study was carried out according to needs of active mechanism to prevent the spread of fire and block the leak of insulating oil, in accordance with the importance of securing golden time in extinguishing a fire in its early stage. A bushings fireproof structure was developed by applying the high temperature shape retention materials, which are expanded by flame, and mechanical flame cutoff devices. The bushings fireproof structure was installed on the transformer model produced by applying the actual standards of bushings and flange, and the full scale fire test was carried out. It was confirmed that the bushings fireproof structure operated at accurate position and height within 3 seconds from the flame initiation. It is considered that it could block the spread of flame effectively in the event of actual transformer fire.

An Implementation of Dynamic Gesture Recognizer Based on WPS and Data Glove (WPS와 장갑 장치 기반의 동적 제스처 인식기의 구현)

  • Kim, Jung-Hyun;Roh, Yong-Wan;Hong, Kwang-Seok
    • The KIPS Transactions:PartB
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    • v.13B no.5 s.108
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    • pp.561-568
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    • 2006
  • WPS(Wearable Personal Station) for next generation PC can define as a core terminal of 'Ubiquitous Computing' that include information processing and network function and overcome spatial limitation in acquisition of new information. As a way to acquire significant dynamic gesture data of user from haptic devices, traditional gesture recognizer based on desktop-PC using wire communication module has several restrictions such as conditionality on space, complexity between transmission mediums(cable elements), limitation of motion and incommodiousness on use. Accordingly, in this paper, in order to overcome these problems, we implement hand gesture recognition system using fuzzy algorithm and neural network for Post PC(the embedded-ubiquitous environment using blue-tooth module and WPS). Also, we propose most efficient and reasonable hand gesture recognition interface for Post PC through evaluation and analysis of performance about each gesture recognition system. The proposed gesture recognition system consists of three modules: 1) gesture input module that processes motion of dynamic hand to input data 2) Relational Database Management System(hereafter, RDBMS) module to segment significant gestures from input data and 3) 2 each different recognition modulo: fuzzy max-min and neural network recognition module to recognize significant gesture of continuous / dynamic gestures. Experimental result shows the average recognition rate of 98.8% in fuzzy min-nin module and 96.7% in neural network recognition module about significantly dynamic gestures.

Personal Information Overload and User Resistance in the Big Data Age (빅데이터 시대의 개인정보 과잉이 사용자 저항에 미치는 영향)

  • Lee, Hwansoo;Lim, Dongwon;Zo, Hangjung
    • Journal of Intelligence and Information Systems
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    • v.19 no.1
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    • pp.125-139
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    • 2013
  • Big data refers to the data that cannot be processes with conventional contemporary data technologies. As smart devices and social network services produces vast amount of data, big data attracts much attention from researchers. There are strong demands form governments and industries for bib data as it can create new values by drawing business insights from data. Since various new technologies to process big data introduced, academic communities also show much interest to the big data domain. A notable advance related to the big data technology has been in various fields. Big data technology makes it possible to access, collect, and save individual's personal data. These technologies enable the analysis of huge amounts of data with lower cost and less time, which is impossible to achieve with traditional methods. It even detects personal information that people do not want to open. Therefore, people using information technology such as the Internet or online services have some level of privacy concerns, and such feelings can hinder continued use of information systems. For example, SNS offers various benefits, but users are sometimes highly exposed to privacy intrusions because they write too much personal information on it. Even though users post their personal information on the Internet by themselves, the data sometimes is not under control of the users. Once the private data is posed on the Internet, it can be transferred to anywhere by a few clicks, and can be abused to create fake identity. In this way, privacy intrusion happens. This study aims to investigate how perceived personal information overload in SNS affects user's risk perception and information privacy concerns. Also, it examines the relationship between the concerns and user resistance behavior. A survey approach and structural equation modeling method are employed for data collection and analysis. This study contributes meaningful insights for academic researchers and policy makers who are planning to develop guidelines for privacy protection. The study shows that information overload on the social network services can bring the significant increase of users' perceived level of privacy risks. In turn, the perceived privacy risks leads to the increased level of privacy concerns. IF privacy concerns increase, it can affect users to from a negative or resistant attitude toward system use. The resistance attitude may lead users to discontinue the use of social network services. Furthermore, information overload is mediated by perceived risks to affect privacy concerns rather than has direct influence on perceived risk. It implies that resistance to the system use can be diminished by reducing perceived risks of users. Given that users' resistant behavior become salient when they have high privacy concerns, the measures to alleviate users' privacy concerns should be conceived. This study makes academic contribution of integrating traditional information overload theory and user resistance theory to investigate perceived privacy concerns in current IS contexts. There is little big data research which examined the technology with empirical and behavioral approach, as the research topic has just emerged. It also makes practical contributions. Information overload connects to the increased level of perceived privacy risks, and discontinued use of the information system. To keep users from departing the system, organizations should develop a system in which private data is controlled and managed with ease. This study suggests that actions to lower the level of perceived risks and privacy concerns should be taken for information systems continuance.

The Changes of Smart Device Usage Status in Early Childhood: Comparison of 2015-2016 and 2017 Studies (유아 스마트 기기 사용 현황의 변화: 2015-2016년과 2017년의 연구 결과 비교)

  • So, Hyejin;Lim, Sungmin;Cho, Sang Yeun;Koh, Min Suk;Moon, Jin-Hwa
    • Journal of the Korean Child Neurology Society
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    • v.26 no.4
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    • pp.251-262
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    • 2018
  • Purpose: This study aimed to identify changes in smart device usage trends of young children using two studies conducted in 2015-2016 and 2017 respectively. Methods: We compared the data of the previous study of 130 children (Group A) and the new study of 162 children (Group B). The children and parents were recruited from kindergartens in Seoul and Guri/Namyangju cities. We used the "Parental questionnaire for smart device usage status." Results: There were some changes in the smart device usage in young children and parental perception. In the 2017 study, smart device usage time increased during weekends (P<0.05) and the usage with siblings decreased (P<0.05). In 2017, the smart device was mostly used when children had to be quiet without disturbing others (36.8%). No significant difference existed in the main purpose of use: watching video clips (79.3% vs 76.6%). Overall control of the usage was still largely exercised by mothers; however, when using applications, mothers still only helped the children on request (51.8% vs 49.7%). Regarding the effect of smart device on children, responses of "not knowing" decreased and "will be negative" and "will be positive" increased (P<0.05). Additionally, most mothers thought that "Although the smart device is currently unnecessary, it will be needed in future" in 2017 (46.3%). Conclusion: Limiting the smart device usage time during the weekends and increasing parental involvements are recommended. Guidelines for smart devices usage in young children are also necessary considering the changes in parental attitudes in recognizing the smart device usage as unavoidable.

Recent Progress in Air Conditioning and Refrigeration Research - A Review of Papers Published in the Korean Journal of Air-Conditioning and Refrigeration Engineering in 2002 and 2003 - (공기조화, 냉동 분야의 최근 연구 동향 -2002년 및 2003년 학회지 논문에 대한 종합적 고찰 -)

  • Chung Kwang-Seop;Kim Min Soo;Kim Yongchan;Park Kyoung Kuhn;Park Byung-Yoon;Cho Keumnam
    • Korean Journal of Air-Conditioning and Refrigeration Engineering
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    • v.16 no.12
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    • pp.1234-1268
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    • 2004
  • A review on the papers published in the Korean Journal of Air-Conditioning and Refrigerating Engineering in 2002 and 2003 has been carried out. Focus has been put on current status of research in the aspect of heating, cooling, air-conditioning, ventilation, sanitation and building environment/design. The conclusions are as follows. (1) Most of fundamental studies on fluid flow were related with heat transportation in diverse facilities. Drop formation and rivulet flow on solid surfaces were interesting topics related with condensation augmentation. Research on micro environment considering flow, heat transfer, humidity was also interesting to promote comfortable living environment. It can be extended considering biological aspects. Development of fans and blowers of high performance and low noise were continuing research topics. Well developed CFD technologies were widely applied for analysis and design of various facilities and their systems. (2) Heat transfer characteristics of enhanced finned tube heat exchangers and heat sinks were extensively investigated. Experimental studies on the boiling heat transfer, vortex generators, fluidized bed heat exchangers, and frosting and defrosting characteristics were also conducted. In addition, the numerical simulations on various heat exchangers were performed and reported to show heat transfer characteristics and performance of the heat exchanger. (3) A review of the recent studies shows that the performance analysis of heat pump have been made by various simulations and experiments. Progresses have been made specifically on the multi-type heat pump systems and other heat pump systems in which exhaust energy is utilized. The performance characteristics of heat pipe have been studied numerically and experimentally, which proves the validity of the developed simulation programs. The effect of various factors on the heat pipe performance has also been examined. Studies of the ice storage system have been focused on the operational characteristics of the system and on the basics of thermal storage materials. Researches into the phase change have been carried out steadily. Several papers deal with the cycle analysis of a few thermodynamic systems which are very useful in the field of air-conditioning and refrigeration. (4) Recent studies on refrigeration and air-conditioning systems have focused on the system performance and efficiency enhancement when new alternative refrigerants are applied. Heat transfer characteristics during evaporation and condensation are investigated for several tube shapes and new alternative refrigerants including natural refrigerants. Efficiency of various compressors and performance of new expansion devices are also dealt with for better design of refrigeration/air conditioning system. In addition to the studies related with thermophysical properties of refrigerant mixtures, studies on new refrigerants are also carried out. It should be noted that the researches on two-phase flow are constantly carried out. (5) A review of the recent studies on absorption refrigeration system indicates that heat and mass transfer enhancement is the key factor in improving the system performance. Various experiments have been carried out and diverse simulation models have been presented. Study on the small scale absorption refrigeration system draws a new attention. Cooling tower was also the research object in the respect of enhancement its efficiency, and performance analysis and optimization was carried out. (6) Based on a review of recent studies on indoor thermal environment and building service systems, it is noticed that research issues have mainly focused on several innovative systems such as personal environmental modules, air-barrier type perimeterless system with UFAC, radiant floor cooling system, etc. New approaches are highlighted for improving indoor environmental conditions and minimizing energy consumption, various activities of building energy management and cost-benefit analysis for economic evaluation.

Efficacy of Listeria Innocua Reduction on Enoki Mushrooms by Utilization of an Air Sterilization Device (공기 살균 장치 적용 팽이버섯 재배사의 Listeria Innocua 저감 효과)

  • Lee, Hyun-Dong;Yu, Byeong-Kee;Seo, Da-Som;Kim, Se-Ri;Lee, Chan-Jung;Kwak, Kang-Su
    • Journal of Mushroom
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    • v.19 no.3
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    • pp.210-215
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    • 2021
  • For sterilization of microorganisms of the Listeria genus contaminating enoki mushroom, pilot mushroom grower equipped with air sterilization devices were developed. Sterilization experiments were performed using physical and chemical treatments. Internal temperature and humidity were controlled, maintaining 6.62℃±0.30 in the upper shelves, 6.46℃±0.24 in the middle shelves, and 6.48℃±0.25 in the lower shelves. Humidities were 79.97%±4.42, 79.43%±4.06, and 79.94±4.30%, respectively, with a temperature setting of 6.5℃, and a relative humidity of 75%. A suitable enoki mushroom cultivation stage for air sterilizer application was during the growth stage, with temperature in the 6.5~8.5℃ range, and humidity of 70~80%. At these same internal conditions, the ozone concentration in the mushroom cultivator was found to be 160 ppb during ion-cluster generator operation. After physical sterilization, the Listeria innocua survival rate was 0.1 to 0.9% using ion cluster sterilization, and 9.3 to 10.6% using UV air sterilization. The Listeria innocua survival rates on different materials were 9.3~10.6% on the metal specimen, and 9.9~16.2% on the plastic wrapper. The survival rate was particularly high on the rough side of the plastic wrapper. Ion cluster air sterilization is a labor-saving and effective method for suppressing the occurrence of Listeria bacteria on mushroom growers walls and shelves. For the plastic wrapper, chemical sterilization is more effective than physical sterilization.

Demand for the Radiological Technologist Independent Act for the Performance of the Duties of a Radiological Technologist (방사선사 직무수행을 위한 방사선사 단독법 제정에 대한 요구도)

  • Kim, Eun-Hye;Lim, Cheong-Hwan;Lim, Woo-Taek;Joo, Young-Cheol;Hong, Dong-Hee;Jung, Hong-Ryang;Moon, Young-Ju;Kim, Hoon;Jung, Young-Jin;Choi, Ji-Won;Yoon, Yong-Su;Cho, Pyong-Kon;Park, Myeong-Hwan;Yang, Oh-Nam;Jeong, Bong-Jae
    • Journal of radiological science and technology
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    • v.44 no.5
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    • pp.525-534
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    • 2021
  • In order to provide high-quality medical services to the public and contribute to the improvement of public health, it is necessary to enact an independent law according to the work of radiological technologists. Therefore, this study intends to review the regulations related to radiographers in the Medical Service Technologists, etc. Act. and to present opinions and directions for enactment of individual laws for radiological technologists. An online survey was conducted to 15,000 radiological technologists working in medical institutions and education sites in Korea; 1,027 people (6.85%) responded. The questionnaire consisted of 3 questions on demographic characteristics, 5 questions on the scope of work, and 12 questions on the revision of the Medical Service Technologists, etc. Act. and the establishment of the Radiological Technologist Independent Act. Reliability and factor analysis were performed on 9 questions measured on a Likert 5-point scale in "Revision of the Medical Service Technologists, etc. Act. and the establishment of the Radiological echnologist Independent Act" among the questionnaire items. Reliability for the total 9 questions was Chronbach α=0.728. There was a high perception that the regulations related to radiological technologists were insufficient in the current Medical Service Technologists, etc. Act., and the perception that examinations performed by radiological technologists at medical institutions were included in medical practice was high. If the Radiological Technologist Independent Act is enforced, a high percentage of respondents said that they could receive legal protection through the institutionalization of the scope of work, that the status of radiological technologists would be improved, and the scope of work would be expanded. The response that the scope of work of radiological technologists should be included was the highest at 96.6%. In the analysis according to demographic characteristics, it was found that 96.7% of the respondents were agreed regardless of the factors. Radiological technologists will have to work hard to secure the public health by coping with new radiology devices, procedures and treatment methods. Therefore, as the results of this study, it is expected that the enactment and implementation of the Radiological Technologist Independent Act will contribute to the improvement of the quality of treatment for patients and to the public health.