• Title/Summary/Keyword: Discretion

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Liability for Damage due to Doctors' Unfaithful Medical Practice (의사의 불성실한 진료행위로 인한 손해배상책임)

  • Jeon, Byeon-Nam
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.317-343
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    • 2014
  • In order to account for whether a doctor should indemnify damages resulted from violation of duty of care, the fact that a doctor violated duty of care, that damages were incurred, and the link between violation of duty of care and damages incurred, respectively, should be verified. So even though a doctor violated duty of care to patients, he or she will not bear the responsibility to indemnify damages unless it is not verified. If a doctor's negligence in medical practices is assessed that obviously unfaithful medical practice far exceeds the limit of admission of a patient, it will not go against people's general perception of justice or law and order to constitute a medical malpractice itself as an illegal action that will require liabiliy for damage. However, when the limit of admission is set too low, a patient's benefit and expectation of proper medical treatment can be violated. In contrast, if the limit of admission is set high, it can leave too little room for doctors' discretion for treatments due to a bigger risk of indemnification for damages. Thus, a reasonable balance that can satisfy both benefit and expectation of patients and doctors' right to treatment is needed.

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A Study on the Difficulties and the Coping Strategies of the In-home Child Care Support Service (아이돌봄서비스 이용의 어려움과 대처방식 및 이용가정 유형화 연구)

  • Jang, Cham Seam;Kim, Seon Mi;Koo, Hye Ryoung;Hwang, Duck Soon
    • Journal of Family Resource Management and Policy Review
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    • v.19 no.3
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    • pp.17-40
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    • 2015
  • The purpose of this study was to analyze the in-home child care support service experience of twenty child rearing families. In order to conduct this study, grounded theory method was employed. The central phenomenon of the service experience digged out from this study was 'difficulty' (i. e. insecurity and a feeling of helplessness). The causal conditions which brought about the central phenomenon were 'defect of system' and 'service characteristics' The intervening conditions included 'alternative resources' 'working conditions' and 'service institute manager discretion'. The contextual conditions consisted of 'maternal ideology' 'the public nanny's personality awareness'. The action/interaction strategies on the central phenomenon were 'inaction' 'insecurity decrease strategy' and 'dissonance decrease strategy. The final outcome was 'rearing gap fillup "the method of nanny managing" dissatisfaction accumulation' ''system improvement demand'. The families were classified as four types: 'management/subject' 'adaptation/dependent' 'patience/acceptant' 'supplementation/overcoming'. Based on these results, this study provided a few political and practice suggestions to improve this system.

THE IMPROVEMENT OF NUCLEAR SAFETY REGULATION: AMERICAN, EUROPEAN, JAPANESE, AND SOUTH KOREAN EXPERIENCES

  • CHO BYUNG-SUN
    • Nuclear Engineering and Technology
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    • v.37 no.3
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    • pp.273-278
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    • 2005
  • Key concepts in South Korean nuclear safety regulation are safety and risk. Nuclear regulation in South Korea has required reactor designs and safeguards that reduce the risk of a major accident to less than one in a million reactor-years-a risk supposedly low enough to be acceptable. To date, in South Korean nuclear safety regulation has involved the establishment of many technical standards to enable administration enforcement. In scientific lawsuits in which the legal issue is the validity of specialized technical standards that are used for judge whether a particular nuclear power plant is to be licensed, the concept of uncertainty law is often raised with regard to what extent the examination and judgment by the judicial power affects a discretion made by the administrative office. In other words, the safety standards for nuclear power plants has been adapted as a form of the scientific technical standards widely under the idea of uncertainty law. Thus, the improvement of nuclear safety regulation in South Korea seems to depend on the rational lawmaking and a reasonable, judicial examination of the scientific standards on nuclear safety.

A Study on the Managerial Factors to the Enterprise's Information Productivity (정보생산성에 영향을 미치는 기업경영 요인에 관한 연구)

  • Koo Il Seob;Kim Tae Sung
    • Journal of the Korea Safety Management & Science
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    • v.7 no.1
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    • pp.127-135
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    • 2005
  • In general one can find an enormous number of studies about the productivity of land, labor and capital, very little has been done so far to communicate about the productivity of corporate information creating and information-consuming resources in ways that are useful to business executives. In view of the enormous share of corporate spending on information resources it would be useful in planning, budgeting, as well as in performance evaluation to measure how information resources are used in creating EVA(economic value-added). The effectiveness in deploying information resources has potentially a greater effect on corporate financial performance than any other economic influence. That in because corporate executives have greater discretion in directing what their information management staffs will do than in setting the terms for materials purchases, employee compensation, taxes or interest rates. The expenses for information are mostly in the form of overhead costs. Because expenses for information are mostly overhead costs and not for costs of goods, the prudent decision-maker should have a wide array of discretionary options available for allocating this resource. This study is intended for analysis the factors that having effects on the enterprise information productivity and is to description the factor using a foreign enterprise case study.

A Review of Media Argumentation: Roles of Background Knowledge in Critical Reading

  • Lee, Jong-Hee
    • English Language & Literature Teaching
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    • v.15 no.4
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    • pp.157-175
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    • 2009
  • This paper offers a critical review of a newspaper argument regarding the problems of high school education assessment for university entrance examination system in the United Kingdom. The media account raises three sets of questioning to hold that the nation's long-standing A-levels have failed and is no longer viable as a high-stakes test. However, it is found that the writer's argumentations involving misleading conceptions can be deconstructed because of invalid reasoning and unreliable evidence. So, it is proposed that a reasonable solution to replace the discredited A-level exams should be to adopt an eclectic approach for assessing candidates' multiple capabilities; performance, potentiality and critical thinking skills. These criteria for component-oriented assessments are designed to measure their high school academic achievements and intellectual capacity for tertiary education; in the process of such measurement, critical-logical reasoning abilities for sound judgment and problem-solving tasks should be incorporated with the basic precondition that each university possesses its own discretion for the determination of adequate proportions to reflect each of the assessment outcomes. It is, therefore, expected that this critical review will inspire the readers to understand aspects of assessment as an educational field and to confirm how seriously they may be misguided by a distorted media argumentation without substantive background knowledge.

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A Study on the Current Nutrition Labelling Practices for Processed Foods (시판 가공식품의 영양표시 실태조사)

  • 이현정;정해랑;장영애
    • Korean Journal of Community Nutrition
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    • v.7 no.4
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    • pp.585-594
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    • 2002
  • This study examined the status of current nutrition labelling and claims for the processed foods that were purchased in the supermarket. They were assessed in the aspects of frequency and content of nutrition labelling and claims. The results are summarized as follows; The percentage of products contain the nutrition labelling or claims of processed foods of investigation were 18.7% and 18.8% respectively. In the nutrition labelling method, the format separated by expression contents with 'only liability indication nutrient'or 'liability indication nutrients plus discretion indication nutrients' were 44.7% and 43.4% respectively. In the case of type and title, 'table' and 'nutrition composition'were used most frequently, 83.9% and 83.2% respectively. And in the case of expression unit, 'per 100 g or 100 ml'was higher (56.8%) than others. Nutrition claims were divided into 'nutrition content claim'and 'comparative claim', in the former the most claim was 'containing'and in the other'more or plus'used most frequently.'Nutrient function claim'was 13.4% and 'Implied nutrient claim'was 7.3% of all the claims. Results of the evaluation of current nutrition labeling system, nutrition labelling was less advanced and variable in content and format and also the information was not easy for consumers to understand and use them. To support achievement of the nutrition label, there must be program and initiatives for better understanding and communication and guidances on food labelling and nutrition for food manufactures.

Reflections on Public Holidays and Productivity in Nigeria

  • Adefolaju, Toyin;Adeyemi, Odedokun
    • East Asian Journal of Business Economics (EAJBE)
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    • v.5 no.2
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    • pp.48-54
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    • 2017
  • Public holidays are periods set aside by nations or states to observe particular events like national days, independence anniversary or religious festivals. These days are different from the usual periods of statutory leave or vacation provided for workers in the collective agreement or rule of engagement at the point of entry. These periods of leave enjoyed by workers include annual vacation, casual leave, sick leave, maternity leave, paternity leave and others as may be recognized within an establishment. Individual worker's period of leave is personal and at the discretion of the worker or the organization as the case may be, but public holidays involve the stoppage of work by the entire workforce within the period it would last. Nigeria observes many public holidays some of which, at times, are unplanned for by the people. This has attracted arguments for and against on the basis that these holidays are too many and detrimental to productivity and the national economy. Using secondary data, this paper examines the issue and opines that there is the need to review these public holidays with a view to halting their negative effects on the nation's economy. Also, measures to manage these holidays in line with constitutional provisions are espoused.

Gender Differences in Psychosocial Working Conditions and Psychological Well-being among Korean Interactive Service Workers (대인서비스 종사자의 심리사회적 작업조건과 심리적 건강수준에 관한 성별 비교)

  • Lee, Bokim
    • Korean Journal of Occupational Health Nursing
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    • v.24 no.2
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    • pp.132-141
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    • 2015
  • Purpose: The purpose of this study was to investigate the relationships between psychosocial working conditions and psychological well-being depending on the gender among Korean interactive service workers. Methods: This study was a secondary analysis of the data extracted from the 2011 Korean Working Conditions Survey. For the present analysis, 15,669 workers who interact with others at work were selected. Based on the existing literature, a set of variables was chosen from the KWCS. Psychological well-being was measured using the WHO-5 well-being index. Results: The prevalence of poor psychological well-being was significantly higher among men (43.1%) than women (39.6%). Women were more likely to be exposed to demands for hiding emotions, bullying, and discrimination, whereas men were more likely to be exposed to psychological job demands, cognitive demands, demands for responsibility, role conflict and long working hours. Most factors were associated with poor well-being among women and men except demands for hiding emotions, skill discretion and development, physical violence, and sexual harassment. Conclusion: Based on these results, some practical suggestions are offered to help interactive service workers adjust to their duties.

A Study on the Relationship of Corporate Social Responsibility and Internal Corporate Management (기업의 사회적 책임과 내부 경영 활동 관계에 관한 연구)

  • Han, Man Yong;Kang, Su Jin;Sung, Joong Ahn;Choi, Jae Woong
    • Journal of Korea Society of Digital Industry and Information Management
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    • v.9 no.4
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    • pp.267-279
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    • 2013
  • To many, recent allegations of earnings management at Enron, coupled with similar ones at many other corporations, are a strong indication of a serious decay in business ethics. Nevertheless, the field of Corporate Social Responsibility(CSR) has grown exponentially in the last decade. This study investigates the effects of CSR on earnings management. Different to precedent works which focus on Financial Performance, this study attempts to provide empirical evidence for relevance of CSR and Discretionary Accruals(DA). The study used variables in the sustainability report, and DA for its earning management too progress empirical analysis because it is believed that the measurement of accounting transparency is highly related to the CEO's opportunistic selection of the accounting. In terms of Sustainable management activities, Employee training time(ETT) is significantly and negatively associated with Discretionary accruals(DA). And also Industrial Accidents Ratio(IAR) is significantly and negatively associated with Discretionary accruals. Consequently, empirical results suggest that Discretionary accruals associated with the company's CSR activities, such as ETT, and IAR. In this study, there are limitation of generalizations and omitted variable problem.

An Application on Modern Chinese Housing of Spatial Charactistics of Traditional Chinese Housing (중국 전통주택의 현대적 디자인 제안 - 북경 '사합원'을 중심으로 -)

  • Mei, Wen-Bing;Lee, Kun
    • Proceedings of the Korean Institute of Interior Design Conference
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    • 2005.10a
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    • pp.237-240
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    • 2005
  • The types of China Ancientry Architecture are rich and colorful. Among all these architectures, the Traditional Residence Architecture have the closest relationship with the mass's life. Traditional Residence Architecture reflected the connotation of the culture, philosophy ideology, especially the relationship between dwelling house and the nature, which can't be ignored by our modern people as well as the modern design. Beijing Sahap-won residence architecture is one of the apotheosis of China Traditional Residence Architecture, it'svery suitable for family's habitation. There's brilliance layout in space; around symmetry and radioactivity in plane, discretion grade in line, independence and continuity in inner spatial, with high privacy and benignity, Before the development and explore of modern APT Architecture design, we should fully understand the feature of Ancientry Residence House, inherit and carry forward its culture. The proposed design is started from the consolidation of the traditional feature of Beijing Sahap-won and the modern residence architecture, therefore to satisfy the modern people's fierce pursuing to the traditional culture.

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