• Title/Summary/Keyword: Duty to Consideration

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Patient's 'Right Not to Know' and Physician's 'Duty to Consideration' (환자의 모를 권리와 의사의 배려의무)

  • Suk, HeeTae
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.145-173
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    • 2016
  • A patient's Right to Self-Determination or his/her Right of Autonomy in the Republic of Korea has traditionally been understood as being composed of two elements. The first, is the patient's Right to Know as it pertains to the physician's Duty to Report [the Medical Situation] to the patient; the second, is the patient's Right to Consent and Right of Refusal as it pertains to the physician's Duty to Inform [for Patient's Consent]. The legal and ethical positions pertaining to the patient's autonomous decision, particularly those in the interest of the patient's not wanting to know about his/her own body or medical condition, were therefore acknowledged as passively expressed entities borne from the patient's forfeiture of the Right to Know and Right to Consent, and exempting the physician from the Duty to Inform. The potential risk of adverse effects rising as a result of applying the Informed Consent Dogma to situations described above were only passively recognized, seen merely as a preclusion of the Informed Consent Dogma or a denial of liability on part of the physician. In short, the legal measures that guarantee a patient's 'Wish for Ignorance' are not currently being understood and acknowledged under the active positions of the patient's 'Right Not to Know' and the physician's 'Duty to Consideration' (such as the duty not to inform). Practical and theoretical issues arise absent the recognition of these active positions of the involved parties. The question of normative evaluation of cases where a sizable amount of harm has come up on the patient as a result of the physician explaining to or informing the patient of his/her medical condition despite the patient previously waiving the Right to Consent or exempting the physician from the Duty to Inform, is one that is yet to be addressed; that of ascertaining direct evidence/legal basis that can cement legality to situations where the physician foregoes the informing process under consideration that doing so may cause harm to the patient, is another. Therefore it is the position of this paper that the Right [Not to Know] and the Duty [to Consideration] play critical roles both in meeting the legal normative requirements pertaining to the enrichment of the patient's Right to Self-Determination and the prevention of adverse effects as it pertains to the provision of [unwanted] medical information.

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Analysis on Co-use Parameter in TV Band Using a Transmisssion Probability Concept of Interfering Transmitter (간섭 송신기의 전송확률 개념을 이용한 방송대역 공용 파라미터 분석)

  • Cho, Ju-Phil
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.16 no.8
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    • pp.1587-1592
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    • 2012
  • Analysis on co-use parameters in TV frequency channels is essential to utilize a TV White Space(TVWS) efficiently. A transmission probability of interfering transmitter can be used as some criteria for performance evaluation of the systems that co-use the cochannels. We considered a duty cycle as a parameter for getting the method how heterogeneous systems can use simultaneously a co-channel in TVWS. We analyze the transmission probability of interfering transmitter with an assumption that the probability is the same as the duty cycle, a time that it spends in an active state as a fraction of the total under consideration. In order to make an analysis of relationship between duty cycle and performances of two systems. We take into consideration on the case that WLAN is an victim receiver and WiBro is a interfering transmitter. Analyzed coexistence results may be widely applied into the technique developed to get the coexisting condition for wireless devices using many communication protocols in same frequency.

Duty Cycle Research for Energy Consumption Efficiency under the IoT Wireless Environment

  • Woo, Eun-Ju;Moon, Yu-Sung;Choi, Ung-Se;Kim, Jung-Won
    • Journal of IKEEE
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    • v.22 no.4
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    • pp.1210-1213
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    • 2018
  • In this paper, we propose a method to reduce the amount of current through the Timing Control of the duty cycle and the Report Attribute Control at the MAC Layer in consideration of the Sleep Mode under the IoT wireless environment. The use of a duty cycle is an effective way to reduce energy consumption on wireless sensor networks where the node is placed in sleep mode periodically. In particular, we studied how to control power efficiency through duty rate in Short Transition Time and ACK Time processing while satisfying radio channel limitation criterion. When comparing before and after the improvement considering the delay time constraint, we validated the correlation of the electrical current reduction.

Analysis on Co-use Performance of System according to Duty Cycle of Interfering Transmitter Signal (간섭 송신기 신호 duty cycle에 따른 시스템 공유 성능 분석)

  • Cho, Ju-Phil
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.16 no.2
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    • pp.222-227
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    • 2012
  • In this paper, we analyze the total performance according to duty cycle of interfering transmitter in hetero systems. We analyze this criteria as a parameter for co-use when hetero systems share the same frequency channels. In order to make an analysis of relationship between duty cycle and performances of two systems. We take into consideration on the case that WiBro is an victim receiver and WLAN is a interfering transmitter. Analyzed coexistence results may be widely applied into the technique developed to get the coexisting condition for wireless devices using many communication protocols in same frequency.

Is the Korean Duty Free Shop Industry Monopolistic? (한국 면세점 산업의 구조, 독과점인가?)

  • Lee, Hee-Tae;Cha, Moon-Kyung
    • Journal of Distribution Science
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    • v.14 no.10
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    • pp.47-57
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    • 2016
  • Purpose - This study's purpose is to investigate the market structure of the Korean duty free shop industry that has received recent attention from researchers and practitioners. By raising the question of whether or not the Korean duty free shop industry is unequivocally monopolistic, a wider viewpoint is provided. The study seeks to offer insights and managerial implications for marketers and policy makers who are in charge of regulating major Korean duty free shops. Research design, data, and methodology - The authors use secondary data from various sources, including Korea Customs Service and the Moodie Report, to investigate the structure of the duty free shop industry of Korea. Based on several theories, they present various criteria and statistical evidence such as K-firm concentration ratio, HHI, consumer substitutability, excess profit, and marketing costs. Results - In terms of consumer substitutability, it is difficult to confirm whether or not the Korean duty free shop industry is monopolistic. Notwithstanding monopoly characteristics in terms of market share, neither the company Lotte nor Shilla appear to have market dominating power. It is not easy for either of them to control prices or to achieve a much lower operational profit ratio due to a dominant bargaining power. Moreover, the license is not an economic rent. In this situation, it is not easy for these companies to obtain an excessive profit. Conclusions - Considering that most global duty free shops are trying to go upscale to improve bargaining power, it does not seem likely that rigid regulations are needed in the industry. Even though the Korean duty free industry ostensibly has a monopolistic structure, government and policy-makers should look beyond the surface. They should take global and other reasonable criteria into consideration when they establish or change regulation policies. Thorough understanding and appropriate support are needed for the Korean duty free shop industry. Additionally, duty free shops should position themselves as global companies struggling against unlimited international competition, rather than Korean domestic companies. At the same time, they need to give customers appropriate information about the benefits they provide.

A Study on Relation to Empowerment of Dental hygienist and Immersion of Duty and Devotion of Organization (치과위생사의 임파워먼트와 직무몰입.조직몰입과의 관계에 관한 연구)

  • Kim, Yang-Kyun;Choi, Moon-Sil;Jung, Ki-Teak;Kim, Young-Hoon
    • Korea Journal of Hospital Management
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    • v.8 no.4
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    • pp.76-110
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    • 2003
  • This study analyzed and investigated of positivism to set up a hypothesis with a model of study based on a theoretical consideration to analyze a structural empowerment, a psychological empowerment, an immersion of duty, and a devotion of organization. which made the dental hygienists an object of study of investigation and analyzation in order to understand relation to elements that have an effect on a business result, effect and degree in a dental hygienist's organization. The results of positive analysis in the study are as follows. A psychological empowerment is influenced by a level of satisfaction for their duty, educational level, and types of main duty. A structural empowerment is influenced by a level of satisfaction for their duty, total years of work, a level of salary, type of work place. Organizational devotion is influenced by the structural empowerment, total year of work, type of workplace, and a level of satisfaction for their duty. Devotion for their duty is influenced by the psychological empowerment, total year of work, type of main duty, main duty that they want in the future, and specialization for amin duty.

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A Study on Unseaworthiness and Exclusive Right of Insurer on It (감항 능력 부족과 보험자의 면책 특권에 관한 해석론적 고찰)

  • Park, Yong-Sub
    • Journal of Fisheries and Marine Sciences Education
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    • v.6 no.1
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    • pp.45-57
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    • 1994
  • One of the fundamental duty of the assured in a marine insurance contract is maintaining seaworthiness of the ship insured. Since duty of the seaworthiness of ship is a shipowners implied warranty in the marine insurance, the breach of the duty of seaworthiness by assured is recognized as immunity for the underwriter. This is a measure to protect the underwriter through prevention of unexpected casualties which may be occurred from the unseaworthiness. In the Korean Marine Insurance Act the legal character of the assured's duty of seaworthiness is not clear whether it is a legal duty or contracted one. Accordingly, in this paper the author pointed out that the duty of seaworthiness of the ship should be interpreted according to the English Law. As a conclusion, the hull insurance does not require even implied warranty concerning seaworthiness, since it is recognized as one of implied fundamental warranty of the English Marine Insurance Act. Especially, this issue pointed out is very meaningful and advisable under the consideration of the existing conditions of the marine insurance regime for the distant-water fishing vessels and the catch carriers in Korea.

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A Study on Emission Inspection Method Improvement of Heavy-duty Diesel Vehicles (대형 경유자동차 배출가스 검사방법 개선에 관한 연구)

  • Jung, Youngdal;Yeo, Unseok;Yun, Yongan;Hong, Minsung
    • Transactions of the Korean Society of Automotive Engineers
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    • v.22 no.1
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    • pp.165-173
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    • 2014
  • The method of emission inspection for Heavy-duty diesel vehicles has been engine speed type Lug-down 3mode. This method could bring damage to decrepit vehicles under high speed and high load condition and it could not apply the driving pattern on the road. For these reasons, this study has started to create new emission inspection which is appropriate for Korea's road infrastructure. KD 147 would be applied to light-duty diesel vehicles from july 2010 after model operations. Therefore, this study has investigated new emission inspection system for heavy-duty diesel vehicles, except for light-duty diesel vehicles. In consideration of domestic conditions to meet the new load test method in this study, the Lug-down3 mode vehicle speed method was developed for the first time in korea.

Requirements to Accept the Medical-service Person's Professional Negligence in the Medical Malpractice Case Occurred being on Duty - With its focus on the Precedent case no. 2005Do314, Sentenced by June 10, 2005, by The Supreme Court - (당직 근무 중 발생한 의료사고에서 당직의료인의 업무상과실을 인정하기 위한 요건 - 대법원 2005.6.10. 선고 2005도314 판결을 중심으로 -)

  • Kim, Young-Tae
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.285-317
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    • 2008
  • To accept the doctor's professional negligence in the medical malpractice, the mistakes, by which the doctor did not foresee the production of the results in spite of the possibility of foresight and did not avoid the production of the results in spite of the possibility of avoidance, must be considered, and to decide the presence of the doctor's professional negligence, the standard must be the attention standard of general-common doctor engaged in the same business and the same function, and the medical enviornments, the conditions, the extraordinary nature of medical behavior, and etc should be considered by the general level of medical science at the time of accident. This principlel must be applied to the medical malpractice case occurred being on duty without exception. But, because of the extraordinary nature of duty work, it is difficult for any doctor to do one's best technical practice by making all diagnosis, medical treatment with all the equipment on the same plane as the ordinary times. That cannot be also expected for any doctor to do one's best technical practice in the terms of a social idea. From this point of view looking into The Precedent case related to Medical-service person being on duty sentenced by The Supreme Court, unlike the general medical malpractice case, the presence of the professional negligence in the medical malpractice occurred being on duty seems to be decided with more consideration on the general level of medical science, the medical enviornments and the conditions, particularities of medical practice at the time of accident. Especially, the extraordinary nature of medical behavior of the medical service person being on duty in the emergency room seems to be admitted compared to that of the medical service person being on duty in ward.

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A Study on the Interhospital Transfer of Emergency Patients (응급환자 전원에 관한 판례의 태도 - 대법원 2005. 6. 24. 선고 2005다16713 판결 -)

  • Lee, Jae-Yeol
    • The Korean Society of Law and Medicine
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    • v.10 no.1
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    • pp.389-420
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    • 2009
  • Main Issue of Supreme Court Decision 2005Da16713 Delivered on June 24, 2005 is about the duty of medical care in the interhospital transfer of patients. According to the above Supreme Court Decision, in the interhospital transfer of patients, the decision to transfer should make from the aspect of medical treatment. The hospitals and doctors keep the duty of medical care. In addition to the duty for hospitals/doctors to check the capacity and availability of the hospital to which the patient is transferred, there are also duties to inform about emergency medical service and to sufficiently explain the need for the transfer, the medical conditions of the patient to be transferred and the hospital from which the patient is transferred. The hospital to which the patient is transferred must be thoroughly informed about matters such as the patient's conditions, the treatment the patient was given and reasons for transfer. including information upon referral, completeness of medical records, patient monitoring and so on. The interhospital transfer requires the consent of doctor belonging to the hospital to which the patient is transferred after the consideration of capacity and availability of the hospital and the informed consent of patients or legal representatives.

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