• Title/Summary/Keyword: FAIR

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A Study on the Punishment of Unlicensed Medical Practice -Focusing on Collaboration between Medical and Non-medical Personnel- (무면허 의료행위 처벌에 관한 고찰 -의료인과 비의료인의 협업관계를 중심으로-)

  • Yoon, Suh-Young
    • The Korean Society of Law and Medicine
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    • v.23 no.3
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    • pp.117-137
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    • 2022
  • Today, the medical system is changing into a comprehensive health care system in which collaborative relationships between medical professionals and non-medical personnels in neighboring occupational areas. The current medical act brands such "collaboration" as unlicensed medical practice, and punishes non-medical personnel who acted in the risk management of doctors as well as doctors collaborated with non-medical personnel as unlicensed medical practice. In order to narrow the gap between the legal system that regulates unlicensed medical practices and the medical reality, it is necessary to overcome the structural limitations of dualistic, nationalistic, and identity-oriented regulation of unlicensed medical practices. The legal interests of unlicensed medical practice have a dual nature as a personal legal interest of "human life and body" as well as a national legal interest of "maintenance and protection of the nation's medical license system", and it should be noted that the criteria for judging the legal interests protected by the regulations of criminal punishment should be found in "personal legal interest theory." In addition, when determining which behavior is a medical practice and evaluating its risk, the dimension of behavior and measures should be considered in a fair manner without being biased against the subject (identity) of the action. In other words, judging unlicensed medical practice should depend on whether the risk of side effects that may result from the act is reasonably managed. Considering the prospect of therapeutic dialogue between medical professionals and patients, it would be desirable for medical law policies to move in a way that does not fundamentally block the possibility of collaboration among pluralistic medical personalities.

Early Restoration of Hypoperfusion Confirmed by Perfusion Magnetic Resonance Image after Emergency Superficial Temporal Artery to Middle Cerebral Artery Anastomosis

  • Eun, Jin;Park, Ik Seong
    • Journal of Korean Neurosurgical Society
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    • v.65 no.6
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    • pp.816-824
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    • 2022
  • Objective : Emergency superficial temporal artery to middle cerebral artery (STA-MCA) anastomosis in patients with large vessel occlusion who fails mechanical thrombectomy or does not become an indication due to over the time window can be done as an alternative for blood flow restoration. The authors planned this study to quantitatively measure the degree of improvement in cerebral perfusion flow using perfusion magnetic resonance imaging (MRI) after bypass surgery and to find out what factors are related to the outcome of the bypass surgery. Methods : For a total of 107 patients who underwent emergent STA-MCA bypass surgery with large vessel occlusion, the National Institute of Health stroke scale (NIHSS), modified Rankin score (mRS), infarction volume, and hypoperfusion area volume was calculated, the duration between symptom onset and reperfusion time, occlusion site and infarction type were analyzed. After emergency STA-MCA bypass, hypoperfusion area volume at post-operative 7 days was calculated and analyzed compared with pre-operative hypoperfusion area volume. The factors affecting the improvement of mRS were analyzed. The clinical status of patients who underwent emergency bypass was investigated by mRS and NIHSS before and after surgery, and changes in infarct volume, extent, degree of collateral circulation, and hypoperfusion area volume were measured using MRI and digital subtraction angiography (DSA). Results : The preoperative infarction volume was median 10 mL and the hypoperfusion area volume was median 101 mL. NIHSS was a median of 8 points, and the last normal to operation time was a median of 60.7 hours. STA patency was fair in 97.1% of patients at 6 months follow-up DSA and recanalization of the occluded vessel was confirmed at 26.5% of patients. Infarction volume significantly influenced the improvement of mRS (p=0.010) but preoperative hypoperfusion volume was not significantly influenced (p=0.192), and the infarction type showed marginal significance (p=0.0508). Preoperative NIHSS, initial mRS, occlusion vessel type, and last normal to operation time did not influence the improvement of mRS (p=0.272, 0.941, 0.354, and 0.391). Conclusion : In a patient who had an acute cerebral infarction due to large vessel occlusion with large ischemic penumbra but was unable to perform mechanical thrombectomy, STA-MCA bypass could be performed. By using time-to-peak images of perfusion MRI, it is possible to quickly and easily confirm that the brain tissue at risk is preserved and that the ischemic penumbra is recovered to a normal blood flow state.

Signaling Effects of Government Support on Investment Attraction of Technology-based Start-ups: An Empirical Study of a Hurdle Model (기술창업기업의 투자유치에 대한 정부지원의 신호효과: 허들모형을 이용한 실증연구)

  • Bong, Kang Ho;Kwon, Jihun;Kim, Kyu-Tae
    • Korean small business review
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    • v.42 no.4
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    • pp.309-326
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    • 2020
  • There often is information asymmetry between start-ups and the investors, which is because start-up companies in the early stages do not have track records. Meanwhile, since the government grants programs go through a fair and the intense competition process, the government grants can provide a more objective information for start-ups in the early stages and perform a signal function that guarantees a company's capabilities and potential. This study confirms the quantitative relationship between government grants and investment attraction by using the hurdler model. We found that, although there is the proportionate relationship between the scale of government grants and that of external funds, more than a certain amount of government grants is required for technology-based start-ups to exceed the stage of attracting their first external funds. Our findings suggest that it is necessary to consider the hurdles structure in the study of signaling theory perspective, as the mechanisms for determining whether or not to attract external funds are different from determining the level of external funds. In addition, differentiated policy support is needed to help early-stage technology start-ups go beyond the threshold of investment attraction-the creation of a 'threshold effect'.

A Study on Punitive Damages System in Technology Protection Related Laws: Focusing on Patent Act, TSPA, ITPA, FTSA, MBCA (기술보호 관련 법률에서의 징벌적 손해배상제도에 대한 고찰: 특허법, 영업비밀보호법, 산업기술보호법, 하도급법, 상생협력법을 중심으로)

  • Cho, Yongsun
    • Korean small business review
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    • v.42 no.1
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    • pp.19-41
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    • 2020
  • In Korea, punitive damages were introduced in the 2011 Fair Transactions in Subcontracting Act(FTSA), and in 2019 the Patent Act, Trade Secret Protection Act(TSPA), Industrial Technology Protection Act(ITPA), and Mutually Beneficial Cooperation Act(MBCA). In punitive damages, the judgment of 'intentional' is especially important, and it is necessary to refer to US precedents since there is no accumulated case. Major Company can avoid intentional counseling through the advice of lawyers, but SMEs may have to punish punitive damages due to a lack of awareness of the system. In the case of TSPA, ITPA, FTSA, and MBCA, except for Patent Act, the provisions related to proof of damage have not been well maintained yet. Therefore, the data submission order system of these laws needs to be revised to the level of patent Act need to be. TSPA needs to be amended in the future to estimate the amount of the royalties in estimating the amount of damages so that it can receive the 'reasonably' estimated amount rather than the usual amount. On the other hand, ITPA, FTSA, and MBCA do not have any provisions for the estimation of damages. Besides, it is difficult to evaluate the technology value in the case of leakage or deodorization of new technologies. Therefore, valuation needs to be carried out by a credible institution along with the development of a model for calculating damages.

A Study of Online Ticket Resale Restrictions in the Korean Live Music Industry (온라인 티켓 재판매 규제에 관한 연구 - 국내 공연산업을 중심으로 -)

  • Yoo, Jiyun
    • Korean Association of Arts Management
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    • no.59
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    • pp.101-141
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    • 2021
  • Recently the concerns on online ticket resale have been globally soared. Numerous countries have dealt with problems about online ticket tout and resale platforms in various ways in spite of differences of scope and method on restrictions. However, in contrast with the worldwide concerns and actions, Korea has been relatively slow to take any action against regulating online ticket resale issues, and any legislation has not been made. At the end of 2020, a revised Performance Act was passed and enforced from June, 2021. With the enforcement of the bill, this study aims to provide an exploratory analysis to present current situation related to online secondary ticket resale policy in Korea. It examined how US and England have coped with legislation for online ticket resale. And then it attempted to illuminate the current situation of legislation and restrictions on online secondary ticket market in Korea and examined the effectiveness of the revised Act. Finally, this study suggested that there should be prompt consideration and actions to carry out related policies for establishing stable market ecosystem and providing fair opportunities to consumers.

A Study on the Activation of the Establishment of the Local Foundation for Arts and Culture: Political Dynamics of the Local Foundation for Arts and Culture and Pluralism of its Direction of Foundation (지역문화재단 설립갈등과 해소방향에 관한 연구 - 문화재단 설립의 정치적 역동성과 설립방향의 다원성 -)

  • Jang, Se Gil
    • Korean Association of Arts Management
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    • no.54
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    • pp.5-31
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    • 2020
  • This study has started from the political process of local community power structure to elaborate the reason why both a majority of cultural artists and cultural artist organizations want to be against establishing the local Foundation for Arts and Culture. The cultural artists and cultural artist organizations believe that the establishment of the local Foundation for Arts and Culture might threaten not only their monopolistic status or their livelihood in the local market relying on public supports, but also make them being marginalized from the potential supports. Therefore many of them have somewhat unfavourable opinions about its establishment. Drawing from the Jellabuk-do case, their concern of being isolated from the monopoly by the local Foundation for Arts and Culture are reduced to publicized discourses such as powerization, the lack of expertise, the loss of independence, and the fall of business. When constructing the Foundation for Arts and Culture, the major values are 'Pluralism' and 'Fairness'. On one hand, the terms of Fairness means that it should be fair in operations, support and executive composition. On the other hand, Pluralism means that policy-making rights should be distributed to various groups, not owned by some specific groups. Some plans for building Foundation for Arts and Culture are needed to make diverse classes and groups to expect the pluralistic interests emerged eventually.

The Effect of Telemedicine Expansion on the Structural Change and the Competition Increase in the Health Care Industry and its Policy Implication- Focusing on the case of Amazon's foray on the health care industry (원격의료 확대가 의료산업 구조변화 및 경쟁 확대에 미치는 영향과 정책적 시사점 - 미국 아마존의 헬스케어 분야 진출 사례를 중심으로)

  • Lee, Jaehee
    • The Journal of the Convergence on Culture Technology
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    • v.8 no.3
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    • pp.405-413
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    • 2022
  • Since the COVID-19 outbreak, the active utilization of new health care service utilizing the ICT technology and data science such as telemedicine, smart hospital, AI dignosis has been increasingly found. In this study we examined the business model of Amazon healthcare which leads disruptive innovation in U.S. health care industry with the introduction of hybrid model of telemedicin, in-person care and customer-centric online drug delivery, home-use diagnostic kit, characterized by the integrated model combining medical care, drug delivery and the use of diagnostic kit. We showed using the multiproduct competition model that the synergy effect between the Amazon's original business areas and the healthcare business area causes the active market penetration and the increase in the customer value from utilization of the Amazon care. Using Hotelling's spatial competition model, we also showed that the competition in the health care market can be greater when consumer's choice of health care providers are available in telemedicine platform. In the long, run the issue of competition being weakened due to the exit of less competent healthcare providers may arise, to which the policymakers in the charge of fair competition in health care industry should pay attention.

The Empathy and Justice Contemplated From the Neuroscientific Perspective in the Age of Social Divisions and Conflicts (분열과 반목의 시대에 신경과학적 관점에서 고찰해보는 공감과 정의)

  • Ji-Woong, Kim
    • Korean Journal of Psychosomatic Medicine
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    • v.30 no.2
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    • pp.55-65
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    • 2022
  • Although humans exist as Homo Empathicus, human society is actually constantly divided and conflicted between groups. The human empathy response is very sensitive to the justice of others, and depending on the level of others' justice, they may feel empathy or schadenfreude to the suffering of them. However, our empathy to others' suffering are not always fair, and have inherent limitations of ingroup-biased empathy. Depending on whether the suffering other persons belongs to an ingroup or an outgroup, we may feel biased empathy or biased schadenfreude to them without even realizing it. Recent advances in information and communication technology facilitate biased access to ingroup-related SNS or ingroup media, thereby deepening the establishment of a more biased semantic information network related groups. These processes, through interacting with the inherent limitation of empathy, can form a vicious cycle of more biased ingroup empathy and ingroup-related activities, and accelerate divisions and conflicts. This research investigated the properties and limitations of empathy by reviewing studies on the neural mechanism of empathy. By examining the relationship between empathy and justice from a neuroscientific point of view, this research tried to illuminate the modern society of division and conflict in a different dimension from the classical perspective of social science.

Cryptoporus volvatus (Peck) Shear: Mycelial characteristics under different culture conditions (한입버섯 균사체 특성과 배양 적정 조건)

  • Kyung-Hwa, Shin;Tae-Min, Park;Kyung-Gu, Min;Soon-Ja, Seok;Myung-Jun, Jang
    • Journal of Mushroom
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    • v.20 no.4
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    • pp.263-269
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    • 2022
  • This study investigated the culture characteristics of Cryptoporus volvatus, whichis grow naturally in Korea, to determine the suitable environmental conditions for its cultivation. The physiological characteristics of the mycelia were assessed according to the cultivation conditions, to determine the optimal conditions for artificial cultivation. The visual characteristics of the hyphae of Cryptoporus volvatus KACC52303 included an irregular and uneven surface and a fuzzy or cotton-like texture. Under the microscope, its microstructure showed pre-chlamydospore formation, but no clamps were seen. The appropriate culture temperature was found to be a medium/high temperature of approximately 25-30℃, and the optimal pH was found to have a wide range from weakly acidic (pH 4) to neutral (pH 7). In the optimal nutrient source experiment, hyphal growth was shown to be fair in a mixed medium with 2.5% dextrin as the carbon source and 0.1% yeast extract as the organic nitrogen source. Among the various amino acids, organic acids, and inorganic salts tested, the fastest hyphal growth was observed in the presence of leucine, acetic acid or gluconic acid, and KCl or KH2PO4, respectively. The column test showed that the best mycelial growth occurred in a mixed medium of 80% pine sawdust, 10% rice bran, and 10% corncob sawdust.

An Analysis of Influence on the Selection of R&D Project by Evaluation Index for National Land Transport R&D Project - Focusing on the Technology Commercialization Support Project - (국토교통연구개발사업 평가지표별 연구개발과제 선정에 대한 영향력 분석 - 국토교통기술사업화지원 사업을 중심으로 -)

  • Shim, Hyung-Wook
    • Journal of Industrial Convergence
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    • v.20 no.2
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    • pp.1-9
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    • 2022
  • As the need for improvement of transparency and fairness in the selection of national R&D projects has been continuously raised, we analyzed the impact on the evaluation selection results by evaluation indexes for The land transportation technology commercialization support project and searched for ways to improve indexes using the analysis results. As for the research data, it were applied as selection results of new R&D projects and evaluation indexes in two fields(SME innovation and start-up) in 2021. Logistic regression analysis is used for the influence of each evaluation indexes on the evaluation result, and for the regression model, evaluation indexes with low influence are removed in advance through artificial neural network multiple perceptron analysis to improve the reliability of the analysis results. As a result of the analysis, in the field of SME innovation, the influence of the evaluation index on the workforce planning was the lowest and the influence of the appropriateness of commercialization promotion plan was the highest. In the start-up field, the influence of the evaluation indexes for technology development suitability, marketability, and suitability for carrying out the project were estimated to be similar to each other, and the influence of the technology evaluation index was found to be the lowest. The analysis results of this thesis suggest the need for continuous improvement of selection and evaluation indexes, and by using the analysis results to select a fair R&D institution according to the selection of appropriate indexes, it will be possible to contribute to deriving excellent research results and fostering excellent companies in the field of land transportation.