• Title/Summary/Keyword: HARM

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Bad Faith Intent in Internet Address Resources Act (인터넷주소자원에 관한 법률 제12조에 규정된 부정한 목적의 해석 : 대법원 2013. 4. 26. 선고 2011다64836 판결을 중심으로)

  • Park, Young-Gyu
    • Journal of Information Technology Services
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    • v.13 no.3
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    • pp.129-148
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    • 2014
  • Generally, the Internet Address Resources Act is intended to protect the public from acts of Internet "cybersquatting", a term used to describe the bad faith, abusive registration of Internet domain names. In determining whether a person has a bad faith intent, a court may consider factors such as, (1) the trademark or other intellectual property rights of the person, if any, in the domain name, (2) the extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify that person, (3) the person's prior use, if any, of the domain name in connection with the bona fide offering of any goods or services, (4) the person's bona fide noncommercial or fair use of the mark in a site accessible under the domain name, (5) the person's intent to divert consumers from the mark owner's online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or with the intent to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site, (6) the person's offer to transfer, sell, or otherwise assign the domain name to the mark owner or any third party for financial gain without having used, or having an intent to use, the domain name in the bona fide offering of any goods or services, or the person's prior conduct indicating a pattern of such conduct.

The Effects of Anti Chemotherapy Individualized Education Relationship with Knowledge and Promoting Self Care for Cancer Patients (화학요법에 관한 개별적 환자교육이 암환자의 지식과 자가간호 수행에 미치는 효과)

  • Cho, Young-Su;Ryu, Eun-Jung;Choi, Kyung-Sook
    • Asian Oncology Nursing
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    • v.2 no.1
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    • pp.27-35
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    • 2002
  • The Cancer Patients are rapidly growing and it became one of the main cause of death. Lately with the effect of Chemotherapy, drastically improved patients quality of life and also Prolonged Life of Cancer Patients. But the Chemotherapy not only Kill the Cancer cells but also harm to normal cells witch Cancer lots of side effect. This study was designed to identify the effectiveness of patient education to reduce side effect and help promote self care. The date was collected from October, 2001 to February, 2002 by questionary Survey Method. The subjects were 24 patients Who were and Anti Chemotherapy C University Hospital. Educated booklet contained what is Chemotherapy, what are the side effects, and to promote Self care, Pre test was given after 3-4 weeks re admission period. Analysis data was done by SPSS Program Paired t-test was used to differentiate Knowledge and difference of performing self care. Relationship in between Knowledge and promoting Self care was used Pearson Correlation. As the result of education, knowledge of self care and performance was drastically increased but the relationship in between knowledge of self care performed was not significant. Therefore it is proposed as follows: 1) Further research with experienced subjects to differentiate experience group and control group. 2) Education program need to be develop and standardize for anti cancer Chemotherapy patient. 3) During 6 cycle of Chemotherapy what is ideal number of in order to get the best result.

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Adhesives Used in Conservation Treatment of Oriental Paintings -Comparison of Adhesiveness and Conservativeness in Relation to Starch and Protein Contents of the Adhesive Formula (회화 문화재의 보존처리에 쓰이는 풀 - 전분과 단백질의 함량에 따른 접착력과 보존성을 중심으로)

  • Chun, Ji Youn;Park, Chi sun;Kim, Kang Sung
    • Journal of Conservation Science
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    • v.12 no.1 s.15
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    • pp.83-91
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    • 2003
  • The paste used for conserving and mounting has much to do with the life of cultural properties of paintings. Previous studies on the pastes dealt with elimination of protein from wheat flour as protein has been known to do harm to paste and investigated the effects of starch and protein content on adhesive strength and conservativeness. We found that protein content inversely affected adhesive strength while adhesive strength and viscosity of paste were proportionally related to starch concentration of the paste. The adhesives with more protein showed less conservativeness. Types and number of microorganisms were found to increase as protein percentage increased. All these results points that the higher content of protein in adhesive formula support higher microbial growth with reduced adhesive strength, but higher flexibility. The optimized paste of conservation treatment was wheat starch paste with not only minimize viscosity but also maximized adhesive strength.

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ROLE OF COMPUTER SIMULATION MODELING IN PESTICIDE ENVIRONMENTAL RISK ASSESSMENT

  • Wauchope, R.Don;Linders, Jan B.H.J.
    • Proceedings of the Korea Society of Environmental Toocicology Conference
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    • 2003.10a
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    • pp.91-93
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    • 2003
  • It has been estimated that the equivalent of approximately $US 50 billion has been spent on research on the behavior and fate of pesticides in the environment since Rachel Carson published “Silent Spring” in 1962. Much of the resulting knowledge has been summarized explicitly in computer algorithms in a variety of empirical, deterministic, and probabilistic simulation models. These models describe and predict the transport, degradation and resultant concentrations of pesticides in various compartments of the environment during and after application. In many cases the known errors of model predictions are large. For this reason they are typically designed to be “conservative”, i.e., err on the side of over-prediction of concentrations in order to err on the side of safety. These predictions are then compared with toxicity data, from tests of the pesticide on a series of standard representative biota, including terrestrial and aquatic indicator species and higher animals (e.g., wildlife and humans). The models' predictions are good enough in some cases to provide screening of those compounds which are very unlikely to do harm, and to indicate those compounds which must be investigated further. If further investigation is indicated a more detailed (and therefore more complicated) model may be employed to give a better estimate, or field experiments may be required. A model may be used to explore “what if” questions leading to possible alternative pesticide usage patterns which give lower potential environmental concentrations and allowable exposures. We are currently at a maturing stage in this research where the knowledge base of pesticide behavior in the environmental is growing more slowly than in the past. However, innovative uses are being made of the explosion in available computer technology to use models to take ever more advantage of the knowledge we have. In this presentation, current developments in the state of the art as practiced in North America and Europe will be presented. Specifically, we will look at the efforts of the ‘Focus’ consortium in the European Union, and the ‘EMWG’ consortium in North America. These groups have been innovative in developing a process and mechanisms for discussion amongst academic, agriculture, industry and regulatory scientists, for consensus adoption of research advances into risk management methodology.

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A Study in the Crimes of the Medical Practice without License - Case of Oriental Medicine's use of Ultrasounds - (무면허의료행위에 대한 형사법적 쟁점 - 한의사의 초음파기기 사용을 중심으로 -)

  • Jang, Jun Hyuk
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.35-57
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    • 2014
  • Recently, there has been fierce argument between oriental and western doctors in the medical field. The use of medical devices has particularly come to the fore lately. Appropriate medical devices are required to diagnose and treat patients' conditions or illnesses accurately. At issue recently in medical device sector are diagnostic instruments using radiation, magnetic resonance imaging, ultrasound, IPL(Intense Pulse Light), and instruments used for tonometry. Relating to this issue, Association of Korean Oriental Medicine and The Association of Korean Medicine are sharply opposed. It is predicted that more accusations of this kind will be seen in the future. As oriental medicine contends, ultrasonic imaging itself seems to cause no harm to humans and its use may have an advantage for national health. The use of western diagnostic equipment can expand the diagnostic range of oriental doctors. However, unless new legislation is made, it is against the law for oriental doctors to use this equipment. Both law and medical science require grounds and predictability on the correctness of a decision and all of its consequences. Additionally, oriental medicine's use of ultrasounds and other medical devices should be established by standards and grounds which make same the diagnosis with repetition. Therefore, the scope of oriental medicine can be expanded following a revision of the Oriental Medicine Promotion Act and it is estimated that the state of national health will be greatly improved by the mutual respect of both sides of the health profession.

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Personality Profiles of Patients Who Visit Oriental Neuropsychiatric Clinic : Analysis of Temperament and Character Inventory(TCI) (기질 및 성격검사(TCI)에 나타난 한방신경정신과 환자의 전반적 특성 및 화병 환자의 특성)

  • Kim, Sang-Young;Song, Seung-Yeon;Chung, Sun-Yong;Kim, Jong-Woo
    • Journal of Oriental Neuropsychiatry
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    • v.23 no.4
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    • pp.107-122
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    • 2012
  • Objectives : The purpose of this study is to examine the general personality profiles of patients who visited an oriental neuropsychiatric clinic and to investigate the specific profiles of patients diagnosed with Hwa-byung. Methods : We analyzed the profiles of 122 patients who completed TCI-RS questionnaire for the purpose of counseling. Patients were divided by sex, age and diagnosis related groups. Scales and subscales of each group were compared by an independent t-test and ANCOVA with SPSS windows 16.0. Types of temperament and character were classified by percentile ranks of the total patients and diagnosis related groups. Results : 1. Total patients were classified as the high harm avoidance type of temperament and of low self-directedness type of character. 2. Male patients showed significantly higher scores on NS, all subscales of NS, P2 and P3 than female patients. HA4 and C5 scores were significantly higher in the female group. Younger patients showed significantly higher scores on NS, all subscales of NS, HA1 and P3. However, older patients had significantly higher scores on SD4, SD5, ST2 and ST3. 3. Between diagnosis related groups, Hwa-byung group had significantly higher scores on RD, ST, SD3 and ST2. However P3 score of non-hwa-byung patients was higher than hwa-byung patients. In typical classification, both hwa-byung and non-hwa-byung groups were classified as the same types as total patients. Conclusions : This study showed that the patients visited an oriental neuropsychiatric clinic and had similar personality with that of general psychiatric disorders. Hwa-byung patients exhibited higher RD and ST scores than other disorders, but they had no typical differences.

Study on Personality Traits of Sasang Constitution with TCI and EPQ (아이젱크 성격검사와 기질 및 성격검사를 통한 사상체질 특성 연구)

  • Sung, Won-Young;Kim, Woo-Kyoung;Song, Jeong-Mo;Kim, Lak-Hyung
    • Journal of Oriental Neuropsychiatry
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    • v.23 no.4
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    • pp.95-106
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    • 2012
  • Objectives : The purpose of this study is to study the personality traits of Sasang constitutions by comparing the profiles of Temperament and Character Inventory (TCI) and Eysenck Personality Questionnaire (EPQ). Methods : A total of 110 healthy people (20 to 40 years old), except for 2 Taeyangin (TY type), were analyzed; 45 Taeeumin (TE type), 32 Soyangin (SY type), and 31 Soeumin (SE type). A Sasang constitutional medicine specialist diagnosed the Sasang constitution after analyzing the result of a Two Step Questionnaire for Sasang Constitution Diagnosis (TS-QSCD), the external appearance, temperament and symptoms. The dimensions of TCI and EPQ were compared among the different Sasang constitutions, using an analysis of variance, and correlations between TCI and EPQ were analyzed by a Pearson correlation method. Results : Among the four temperament dimensions of TCI, SY type showed a significantly higher score than the SE type in Novelty Seeking. SE type showed significantly higher score than TE and SY type in Harm Avoidance. SY type showed significantly higher score than SE type in Reward Dependence. TE and SY type showed significantly higher score than SE type in Persistence. There were no significant differences in the character dimensions of Self-directness, Cooperativeness and Self-Transcendence. Among the seven dimensions of EPQ, TE and SY type showed significantly higher score than SE type in Extraversion. SE type showed significantly higher score than SY type in Lie. SY type showed significantly higher score than TE and SE type in Impulsiveness. Conclusions : The results demonstrated that there are some significant differences of personality traits among Sasang constitutions. This could help diagnose and understand each Sasang constitution.

The Liability for Unsafe Medical Product and The Preemption Clause of Medical Device Act (의료기기의 결함으로 인한 손해배상책임과 미국 연방법 우선 적용 이론에 관하여)

  • Kim, Jang Han
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.63-89
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    • 2014
  • In 1976, the Dalkon Shield-intrauterine device injured several thousand women in U.S.A. which caused the changes of medical deivce regulation. The Medical Device Regulation Act or Medical Device Amendments of 1976 (MDA) was introduce. As part of the process of regulating medical devices, the MDA divides medical devices into three categories. The class II, and III devices which have moderate harm or more can use the section 510 (k), premarket notification process if the manufacturer can establish that its device is "substantially equivalent" to a device that was marketed before 1976. In 21 U.S.C. ${\S}$ 360k(a), MDA introduced a provision which expressly preempts competing state laws or regulations. After that, the judicial debates had began over the proper interpretation and application of Section 360(k) In February 2008, the U.S. Supreme Court ruled in Riegel v. Medtronic that manufacturer approved by the Food and Drug Administration (FDA)'s pre-market approval process are preempted from liability, even when the devices have defective design or lack of labeling. But the Supreme Court ruled in Medtronic Inc. v. Lora Lohr that the manufactures which use the section 510 (k) process cannot be preempted and in Bausch v. Stryker Corp. that manufactures which violated the CGMP standard are also liable to the damage of patient at the state courts. In 2009, the Supreme Court ruled in Wyeth v. Levine that patients harmed by prescription drugs can claim damages in state courts. This may cause a double standard between prescription drugs and medical devices. FDA Preemption is the legal theory in the United States that exempts product manufacturers from tort claims regarding Food and Drug Administration approved products. FDA Preemption has been a highly contentious issue. In general, consumer groups are against it while the FDA and pharmaceutical manufacturers are in favor of it. This issues also influences the theory of product liability of U.S.A. Complete immunity preemption is an issue need to be more declared.

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A Study on the installation time and method of soundproofing facilities according to a Tunnel blasting work. (터널발파작업에 따른 방음시설의 설치시기와 방법에 대한 고찰.)

  • Won, Yeon-Ho;Son, Young-Bok;Jeong, Jai-Hyung
    • Proceedings of the KSEE Conference
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    • 2006.10a
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    • pp.119-140
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    • 2006
  • The rock excavation work by doing blasting breaks the rock by using a shock pressure and gas pressure produced when explosive explodes and the shock wave by shock pressure propagated three-dimensionally from the exploding center is on the decrease notably to the distance, however, $0.5{\sim}20%$ of energy produced by blasting propagates into the ground outside a crack zone by the shape of an elastic wave, on the ground it appears as a ground vibration with a seismic amplitude and a seismic cycle, it is called a blasting vibration. on the other side, what propagated in the air is called a blasting sound. The blasting sound of both means the things which the shock sound within the range the audible frequency($20{\sim}20000Hz$) of the elastic wave in the air influences the response system of a human body, it doesn't harm physically to any structures but influences unreasonably a work accomplishment, such as a work discontinuance due to the outbreak of a public complaint by a mental pain, reduction of a blasting scale, etc.. So, this study is examined at about 20 sites on the installation time and method of soundproofing facilities for reduction of the sound accompanied with a tunnel blasting work.

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Network analysis of issue diffusion on the sanitary pad cancer-causing agent via Twitter and Youtube (트위터와 유튜브를 통해 확산된 생리대 발암물질 이슈에 대한 네트워크 분석)

  • Hong, Juhyun
    • Journal of Internet Computing and Services
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    • v.19 no.4
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    • pp.15-26
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    • 2018
  • This study focused on the difference of the volume of sanitory pad issue and The aim of this study is to explore the relationship between the characteristics of SNS and the diffusion of issue in the process of crisis issue. SNS is categorized into communication diffusion, communication restriction,, diffusion, restriction base on the media interactivity and the user interactivity, In case of Twitter, media interactivity is low and user interactivity is low. In case of Youtube, media interactivity and user interactivity are all high. Crisiss issue is interactively diffused via Youtube compared to via Twitter. There was a negative public opinion in social media even if the government and the manufacturer said that there was no harm in the sanitary goods. In conclusion, this study highlights the importance of social media environment in the diffusion of information. The government prepared for the use of SNS in crisis because there was a negative opinion on the government and the manufacturer via SNS.