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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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Sensitivity Analysis for CAS500-4 Atmospheric Correction Using Simulated Images and Suggestion of the Use of Geostationary Satellite-based Atmospheric Parameters (모의영상을 이용한 농림위성 대기보정의 주요 파라미터 민감도 분석 및 타위성 산출물 활용 가능성 제시)

  • Kang, Yoojin;Cho, Dongjin;Han, Daehyeon;Im, Jungho;Lim, Joongbin;Oh, Kum-hui;Kwon, Eonhye
    • Korean Journal of Remote Sensing
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    • v.37 no.5_1
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    • pp.1029-1042
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    • 2021
  • As part of the next-generation Compact Advanced Satellite 500 (CAS500) project, CAS500-4 is scheduled to be launched in 2025 focusing on the remote sensing of agriculture and forestry. To obtain quantitative information on vegetation from satellite images, it is necessary to acquire surface reflectance through atmospheric correction. Thus, it is essential to develop an atmospheric correction method suitable for CAS500-4. Since the absorption and scattering characteristics in the atmosphere vary depending on the wavelength, it is needed to analyze the sensitivity of atmospheric correction parameters such as aerosol optical depth (AOD) and water vapor (WV) considering the wavelengths of CAS500-4. In addition, as CAS500-4 has only five channels (blue, green, red, red edge, and near-infrared), making it difficult to directly calculate key parameters for atmospheric correction, external parameter data should be used. Therefore, thisstudy performed a sensitivity analysis of the key parameters (AOD, WV, and O3) using the simulated images based on Sentinel-2 satellite data, which has similar wavelength specifications to CAS500-4, and examined the possibility of using the products of GEO-KOMPSAT-2A (GK2A) as atmospheric parameters. The sensitivity analysisshowed that AOD wasthe most important parameter with greater sensitivity in visible channels than in the near-infrared region. In particular, since AOD change of 20% causes about a 100% error rate in the blue channel surface reflectance in forests, a highly reliable AOD is needed to obtain accurate surface reflectance. The atmospherically corrected surface reflectance based on the GK2A AOD and WV was compared with the Sentinel-2 L2A reflectance data through the separability index of the known land cover pixels. The result showed that two corrected surface reflectance had similar Seperability index (SI) values, the atmospheric corrected surface reflectance based on the GK2A AOD showed higher SI than the Sentinel-2 L2A reflectance data in short-wavelength channels. Thus, it is judged that the parameters provided by GK2A can be fully utilized for atmospheric correction of the CAS500-4. The research findings will provide a basis for atmospheric correction of the CAS500-4 in the future.

Exploring the Possibilities of Character Education in Various Interaction-based Mentor Program: Focusing on "Becoming a Science Teacher" Activity (다양한 상호작용 기반의 멘토멘티 프로그램에서 나타난 인성 교육 가능성 탐색 -"과학 선생님 되어보기" 활동을 중심으로-)

  • Kim, Sunhee;Shin, Donghee
    • Journal of The Korean Association For Science Education
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    • v.39 no.1
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    • pp.13-33
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    • 2019
  • The purpose of this study is to clarify the possibility of the character education and the concrete implementation process in the field of science education in accordance with the social demand for character education. Based on this purpose, the researchers tried to understand the specific character elements appearing in various science learning situations and to understand the qualities of each specific character elements that can be emphasized through science learning and the aspect of expression process in related learning situations. The researchers selected 11 students from the 7th and 8th graders in Seoul and developed and applied the 'Become a Science Teacher' mentor program in 2014 and 2015. Data collection was conducted through class recordings, mentor teachers' and assistant teacher's journal, artifacts, student journals, student portfolios, class listeners' essays for science class and analyzed qualitative data collected through constant comparison method. According to the result, we extracted 11 character elements and reorganized them into 16 specific character elements revealed in various learning situations based on the relationship between each character elements. The results of the study are eight specific character elements that can be emphasized through science learning and related learning situations. The eight specific character elements are 'responsibility for teaching behavior due to hierarchy of scientific knowledge structure, communication for forming scientific concept, empathic concern based on science learning experience, cooperation for promoting rationality of inquiry method, positive perception of scientific endeavor, respect for scientists' attitudes toward research, confidence in future scientific research, persistence in trial and error'. Based on the results of this study, we proposed the research methods of character in the field of science education in the future.