• Title/Summary/Keyword: Evidence-based Standards

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Review of a Tort Case regarding Liability for the Production of Air Pollutant-emitting Vehicles: Supreme Court Decision 2011Da7437, Decided on September 4, 2014 (자동차를 통한 대기오염물질의 배출에 따른 민법상 불법행위책임의 성립 여부: 대법원 2014. 9. 4. 선고 2011다7437 판결을 중심으로)

  • Lee, Sun Goo
    • Journal of Environmental Health Sciences
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    • v.42 no.6
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    • pp.375-384
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    • 2016
  • Objectives: This paper analyzes the intersection of tort law and environmental health in a recent court decision. Methods: This paper analyzes Supreme Court Decision 2011Da7437, Decided on September 4, 2014 and related lower court decisions. Results: The plaintiffs sought financial compensation from the defendants, arguing that air pollutants in gases emitted by vehicles produced by the defendants had caused them to acquire respiratory diseases. The district court highlighted the need to mitigate the burden of proof for the plaintiffs, but proceeded to review whether the plaintiffs proved the actual toxicity levels of the air pollutants, whether the defendant's vehicles were the main source of the emissions, the plaintiff's level of exposure to the pollutants, and causation between the emissions and the injury. By doing so, the district court required the plaintiffs to prove both indirect and direct facts of causation, increasing burden of proof for plaintiffs. The appellate court upheld the district court's decision, adding that the defendant's conduct did not constitute an illegal act because it did not violate the emissions standards set by environmental law. The Supreme Court upheld the appellate court's decision, reasoning that the epidemiological evidence cannot establish a direct causation for diseases that lack specificity. Conclusion: This case demonstrates that discussions in environmental health have significance in tort lawsuits. For each fact that the plaintiffs and defendants attempted to prove, environmental health research studies were offered as evidence. In addition, the courts decided the legality of the defendant's conduct based on emission standards set by environmental law.

Evaluating LIMU System Quality with Interval Evidence and Input Uncertainty

  • Xiangyi Zhou;Zhijie Zhou;Xiaoxia Han;Zhichao Ming;Yanshan Bian
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.17 no.11
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    • pp.2945-2965
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    • 2023
  • The laser inertial measurement unit is a precision device widely used in rocket navigation system and other equipment, and its quality is directly related to navigation accuracy. In the quality evaluation of laser inertial measurement unit, there is inevitably uncertainty in the index input information. First, the input numerical information is in interval form. Second, the index input grade and the quality evaluation result grade are given according to different national standards. So, it is a key step to transform the interval information input by the index into the data form consistent with the evaluation result grade. In the case of uncertain input, this paper puts forward a method based on probability distribution to solve the problem of asymmetry between the reference grade given by the index and the evaluation result grade when evaluating the quality of laser inertial measurement unit. By mapping the numerical relationship between the designated reference level and the evaluation reference level of the index information under different distributions, the index evidence symmetrical with the evaluation reference level is given. After the uncertain input information is transformed into evidence of interval degree distribution by this method, the information fusion of interval degree distribution evidence is carried out by interval evidential reasoning algorithm, and the evaluation result is obtained by projection covariance matrix adaptive evolution strategy optimization. Taking a five-meter redundant laser inertial measurement unit as an example, the applicability and effectiveness of this method are verified.

Evidence and suggestions for establishing vitamin D intake standards in Koreans for the prevention of chronic diseases

  • Kim, Jung Hyun;Park, Hyoung Su;Pae, Munkyong;Park, Kyung Hee;Kwon, Oran
    • Nutrition Research and Practice
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    • v.16 no.sup1
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    • pp.57-69
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    • 2022
  • BACKGROUND/OBJECTIVES: Vitamin D is produced in the skin during sun exposure and is also ingested from foods. The role of vitamin D needs to be considered in the prevention and management of various diseases. Moreover, since the majority of Koreans spend their days indoors, becoming susceptible to the risk of vitamin D deficiency. The current study aims to prepare a basis for determining dietary reference intake of vitamin D in Korea, by reviewing the evidence against various diseases and risks. MATERIALS/METHODS: Literature published in Korea and other countries between 2014 and 2018 was prioritized based on their study design and other criteria, and evaluated using the RoB 2.0 assessment form and United States Department of Agriculture Nutrition Evidence Library Conclusion Statement Evaluation Criteria. RESULTS: Of the 1,709 studies, 128 studies were included in the final systematic analysis after screening. To set the dietary reference intakes of vitamin D based on the selected articles, blood 25(OH)D levels and indicators of bone health were used collectively. Blood vitamin D levels and ultraviolet (UV) exposure time derived from the Korean National Health and Nutrition Examination Survey were analyzed to establish the dietary reference intakes of vitamin D for each stage of the life cycle. The adequate intake levels of vitamin D, according to age and gender, were determined to be in the range of 5-15 ㎍/day, and the tolerable upper intake level was established at 25-100 ㎍/day. CONCLUSIONS: The most important variable for vitamin D nutrition is lifestyle. A balanced diet comprising foods with high contents of vitamin D is important, as is vitamin D synthesis after UV exposure. The adequate intake level of vitamin D mentioned in the 2015 Dietary Reference Intakes for Korean (KDRI) remained unchanged in the 2020 KDRI for the management of vitamin D nutrition in Koreans.

The Impact of K-IFRS Adoption on Accounting Conservatism: Focus on Distribution Companies (한국채택국제회계기준(K-IFRS)의 도입이 보수주의에 미치는 영향: 유통기업들을 중심으로 (초기 일시적 적응 현상))

  • Noh, Gil-Kwan;Kim, Dong-Il
    • Journal of Distribution Science
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    • v.13 no.9
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    • pp.95-101
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    • 2015
  • Purpose - This study provides evidence of the impact of the mandatory adoption of Korean equivalents to International Financial Reporting Standards (K-IFRS) on accounting quality. K-IFRS uses fair value as a basis of measurement and is characterized by principle-based standards. These characteristics can lead to a decrease in conservatism. Therefore, this study aims to examine whether or not there is a change in the level of conservatism before and after the enforcement of K-IFRS (2007~2014). By comparing 2007 through 2008 and 2013 through 2014 (excluding 2009 to 2012), we test "the temporary adjustment phenomenon" and document an overall decline in the degree of conservatism after the adoption of K-IFRS. Research design, data, and methodology - Our sample is comprised of data of all listed Korea Composite Stock Price Index (KOSPI) manufacturing distribution companies in Korea from 2007 to 2014, which yields the pooled sample of 4,412 (panel A) and 1,915 (panel B) firm-year observations for hypotheses 1 and 2. In line with recent literature, we adopt the Givoly and Hayn (2000) model, which recomputes the non-operating accruals, excluding two components that are most likely to capture the effect of restructuring activities: special items and gains or losses from discontinued operations. In addition, we also use these variables: SIZE, LEV, INV_CYCLE, ROA, OWN, and FOR. Results - Our sample period spans 2007 to 2014. This offers evidence on the effect of the mandatory adoption of IFRS on conservatism. Our findings can be summarized as follows. First, in panel A, for mandatory K-IFRS adoption (2011), we do not find any significant evidence of conservatism. We can guess that the "temporary adjustment phenomenon" is the reason that we do not find significant evidence of conservatism. Second, we investigate panel B from 2009 to 2012. We document an overall decline in the degree of conservatism after the adoption of K-IFRS. We can assume that these results are due to "the temporary adjustment phenomenon." Conclusions - This study finds that conservatism significantly decreased after IFRS adoption. In particular, this study makes the initial effort to elucidate "the temporary adjustment phenomenon" to analyze the effect of K-IFRS on conservative accounting. We argue that K-IFRS are conceptually conservative but that inappropriate application of the conservatism principles is likely to prevent financial reporting from reaching the level of conservatism targeted by the IASB. Overall, this paper contributes to the literature on IFRS and can be useful to capital market supervisors who are monitoring the trends of the firms implementing K-IFRS. Additionally, our results inform stakeholders of the potentially negative effect of the greater flexibility permitted by IFRS and/or lack of appropriate enforcement on key dimensions of accounting quality. This has important implications for Korean regulators and standard setters as they review the cost and benefits of IFRS. Our study also sheds light on the importance of the institutional environment in achieving the targeted objectives for improving financial reporting quality.

Pitfalls in Reimbursement Decisions for Oncology Drugs in South Korea: Need for Addressing the Ethical Dimensions in Technology Assessment

  • Cho, Eun;Park, Eun-Cheol;Kang, Myoung Sheen
    • Asian Pacific Journal of Cancer Prevention
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    • v.14 no.6
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    • pp.3785-3792
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    • 2013
  • This study aimed to discover to what extent ethical issues are considered in the reimbursement decision process based on health technology assessment (HTA) in Korea, especially for oncology medications. Public summary documents (PSDs) published by the Health Insurance Review and Assessment Service (HIRA) were analyzed for empirical and normative factors. For external comparison, PSDs presented by corresponding institutions of Australia and the United Kingdom were employed. Furthermore, the opinions of eight expert oncologists were obtained regarding the accountability of the evidence in PSDs. Among 7 oncology drugs, there were differences in the final decisions and empirical factors considered, such as selected comparators and interpretation of evidence between the PSDs from the three institutions. From an ethical viewpoint, the following matters were deficient in the HTA decision-making process for oncology drugs: clear and reasonable standards; identifying and evaluating ethical values; and public accountability for reasonableness about decisions and due process.

Trends in Health Education and Promotion Research Published in the Korean Journal of Health Education and Promotion from 2009 to 2011 (최근 보건교육건강증진학회지 게재논문 동향 (2009-2011년))

  • Kim, Hye-Kyeong;Kwon, Eun-Joo
    • Korean Journal of Health Education and Promotion
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    • v.29 no.4
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    • pp.1-13
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    • 2012
  • Objectives: By analysing the recent trends of published papers in the Korean Journal of Health Education and Promotion, this study aims to identify and discuss some challenging issues, and to provide recommendations for quality improvement of the research papers. Methods: One hundred and sixty five papers published between 2009 and 2011 were examined and categorized according to selected standards. Results are displayed in frequencies and percentages. Results: The volume of articles published has increased by two-folds in three decades since the publication of the first issue. More than 90% of the papers were original articles. Cross-sectional research design was most frequently applied, while only 11.5 % of the articles were intervention studies. For cross-sectional research articles, limitation in generalizability of the study findings was mentioned as one of the major issues, in relation with the frequent use of convenient sampling methods and lack of theoretical evidence in inclusion of variables. Consideration of internal and external validity of the study, utilization of scientific evaluation design and mixed evaluation methods were recommended for intervention research to improve the quality of the research results. Conclusion: To serve as a key resource for evidence-based practices in health promotion, more strict scientific research criteria should be applied to the articles published in the Korean Journal of Health Education and Promotion.

Efficient cross-sectional profiling of built up CFS beams for improved flexural performance

  • Dar, M. Adil;Subramanian, N.;Atif, Mir;Dar, A.R.;Anbarasu, M.;Lim, James B.P.
    • Steel and Composite Structures
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    • v.34 no.3
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    • pp.333-345
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    • 2020
  • In the past, many efficient profiles have been developed for cold-formed steel (CFS) members by judicious intermediate stiffening of the cross-sections, and they have shown improved structural performance over conventional CFS sections. Most of this research work was based on numerical modelling, thus lacking any experimental evidence of the efficiency of these sections. To fulfill this requirement, experimental studies were conducted in this study, on efficient intermediately stiffened CFS sections in flexure, which will result in easy and simple fabrication. Two series of built-up sections, open sections (OS) and box sections (BS), were fabricated and tested under four-point loading with same cross-sectional area. Test strengths, modes of failure, deformed shapes, load vs. mid-span displacements and geometric imperfections were measured and reported. The design strengths were quantified using North American Standards and Indian Standards for cold-formed steel structures. This study confirmed that efficient profiling of CFS sections can improve both the strength and stiffness performance by up to 90%. Closed sections showed better strength performance whereas open sections showed better stiffness performance.

The Presumption of the Faults and Causation in Medical Negligence Litigations using the Standards of Comparison (의료과오소송에 있어서 과실과 인과관계의 인정에 관하여 - 경험칙을 중심으로 -)

  • Park, Joo-Hyun
    • The Korean Society of Law and Medicine
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    • v.7 no.2
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    • pp.179-218
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    • 2006
  • To succeed the claim of medical negligence, the plaintiff should establish the medical profession's fault, and the causation between the fault and damages. The faults are judged on lege artis, which is based on expert witness. However, judges often infer the faults and causations from circumstantial evidences and patients' injuries. This presumptions depend on the law of nature(Erfahrungsgesetz). The law of nature can explain the typical development of the event. If the circumstantial evidences were in accordance with that, the faults and causations would be able to be recognized by the judges. Therefore the standards of comparison such as lege artis or the law of nature play an important role for medical negligence liabilities to be imputed to doctors or hospitals. The factual elements necessary to assume the fault is similar to those of the causation, for the concept of the fault is correlated with that of the causation. The elements include the temporal and spatial proximity between damages and defendant's medical treatments, no existence of other causations, the probability of bed results developed by the medical treatments, and so on. These enable the fault and causation to be assumed at the same times.

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A Study on the Risk-based Model for Validation of Civil Aircraft (민간항공기 형식증명승인을 위한 위험기반 모델 개발 동향)

  • Baek, Unryul;Lee, Eunhee;Kim, Jinhee;Lee, Kyungchul
    • Journal of Aerospace System Engineering
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    • v.12 no.4
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    • pp.1-8
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    • 2018
  • The state of registry issues a type certificate validation (TCV) based on the satisfactory evidence that the product (aircraft, engine, and propeller) is in compliance with the appropriate airworthiness requirements. The Korean government performs an evaluation to determine whether the product complies with Korean airworthiness standards for issuing TCV according to the Korean aviation safety law. Recently, the Validation Principles Working Group (VPWG) has developed a risk-based model for validation of civil aeronautical products. Also, VPWG proposed to incorporate this validation model into the corresponding ICAO Standards and Recommended Practices and guidance material. In this paper, we have reviewed the validation model and discussed improvements in the validation process.

Updates of Nursing Practice Guideline for Pressure Injury (욕창간호 실무지침 개정)

  • Park, Kyung Hee;Kim, Jung Yoon;Park, Ok Kyoung;Park, Joo Hee;Lee, Yun Jin;Hwang, Ji Hyeon
    • Journal of Korean Clinical Nursing Research
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    • v.25 no.1
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    • pp.67-79
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    • 2019
  • Purpose: This study was conducted to update the existing evidence-based nursing clinical practice guideline in management of pressure injury in South Korea. Methods: The update process underwent the 22 steps according to the update method based on the international standards. Results: The updated nursing practice guideline for pressure injury consists of 4 domains and 436 recommendations. The numbers of recommendations in each domain were 25 for hospital policies, 51 for assessment, 350 for prevention and management, and 10 for education. There were 2.5% of A, 13.3% of B, 84.2% of C in terms of grading of recommendations. Among these, the major revision was done in 32 recommendations (7.4%). A total of 299 recommendations (68.6%) were added newly. Minor revisions, such as change or addition of some words, were also made in 25 recommendations(5.7%). No change was made in 80 recommendations (18.3%) compared to the previous ones. Conclusion: The nursing practice guideline for pressure injury has been updated. This updated guideline can be used as educational materials for both healthcare workers and patients with pressure injury.