• Title/Summary/Keyword: Loss and damage

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The Trend of Precedents about Calculation of Damage Compensation for Last Decade (손해배상액 산정에 관한 최근 10년간 판례의 동향 (상)(上))

  • Park, Young-Ho
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.11-36
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    • 2009
  • This thesis introduces the trends of korean courts' ruling on damages in medical malpractice cases for past 10 years. First of all, Korean courts' ruling have had a tendency to pay only non-economic damages for not taking the informed consent. If a doctor cannot get the informed consent from a patient, he compensate only non-economic damages for the infringement of self-determination rights of patient. It's enough for the plaintiff to prove the infringement of self-determination rights, if the plaintiff just want to get non-economic damages. The Korean Supreme court have ruled that if plaintiffs want to get economic damages for the infringement of self-determination rights or informed consent, plaintiffs must prove that the infringement of self-determination rights is the proximate cause of the economic damages of patient. There is another tendency for the Korean Supreme court to limit the damages in medical malpractice cases on the ground of patient's diseases' dangerousness or patient's idiosyncrasy. In the past courts often limit the damages only to 70~80% of total damages, but now a days courts mostly limit the damages to 20~30%. This thesis also introduce the Korean courts' trends about Valuing damages in personal injury actions awarded for gratuitously rendered nursing and medical care.

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Minimum Curing Time Prediction of Early Age Concrete to Prevent Frost Damage (동해방지를 위한 초기재령 콘크리트의 최소 양생 시간 예측)

  • Pae, Su-Won;Yi, Seong-Tae;Kim, Jin-Keun
    • Journal of the Korea Concrete Institute
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    • v.19 no.1
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    • pp.27-37
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    • 2007
  • The purpose of this study is to propose a method to predict the minimum curing time of early age concrete required to prevent frost damage. Tests were performed to examine major factors, which affect the compressive strength of concrete frozen at early ages and investigate the source of frost damage at early age concrete. The results from the tests showed that the loss rate of compressive strength decreases as the beginning time of frost damage was delayed and water-cement ratio was lower. In addition, the test results also showed that concrete made with type III cement was less susceptible to frost damage than concrete made with ordinary Portland cement and frost damage occurred through the formation of ice lenses. When early age concrete is being damaged by frozen, a phase transition into ice of free water presented at the capillary pores of the concrete gives a reason for the decrease of compressive strength. Accordingly, the frost resistance of fresh concrete can be determined based on the saturation degree of the capillary pores. The method to predict the minimum curing time was suggested using the concept of critical saturation degree of the capillary pores.

Facial Nerve Damage in Bell's Palsy according to When Korean Medical Treatment was Started : A Retrospective Study (벨마비 환자의 한의학적 치료 시작시기에 따른 신경손상률 비교 : 후향적 관찰 연구)

  • Choi, Ji Eun;Kwon, Min Soo;Kim, Jung Hwan;Jo, Dae Hyun;Han, Ji Sun;Jo, Hee Jin;Kim, Ji Hye;Kim, Hyun Ho;Kang, Jung Won;Nam, Dong Woo
    • Journal of Acupuncture Research
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    • v.33 no.2
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    • pp.51-60
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    • 2016
  • Objectives : Although integrative Korean medical treatments have been suggested to be effective for treating Bell's palsy, the effect of Korean medical treatment according to when treatment was started is unknown in the clinical field. Therefore, this study was conducted to determine the results of treating Bell's palsy according to different starting points of integrative Korean medical treatments. Methods : We screened patients who visited the Facial Palsy Center at Kyung Hee University Hospital for Korean and Western combined medical treatment from March 2011 to February 2016. A total of 821 out of 2086 patients were studied, including their basic characteristics and results of an electromyography. Patients who started Korean medical treatment within 3 days of onset were placed in group A, within 9 days of onset in group B, and patients who started treatment after 10 days of onset were placed in group C. We tried to compare the level of facial nerve damage by electromyography between groups. Results : The patients in group C had the highest axonal loss rates in all branches(frontal, oculi, nasal, oris). The post hoc analyses revealed the difference of axonal loss rates between group A and B was not statistically significant. Only group C showed statistically higher axonal loss rates in all branches. Conclusion : The study results showed that the patients who had delayed Korean medical treatments had a higher level of facial nerve damage by electromyography. According to the results of this study, early application of integrative Korean medical treatment is suggested.

Recent Advances in Artificial Insemination (AI) in Horses: Stallion Management, Processing and Preservation of Semen and Insemination Techniques

  • Yoon, Minjung
    • Journal of Embryo Transfer
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    • v.28 no.2
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    • pp.87-93
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    • 2013
  • The efficiency of artificial insemination (AI) for horses remains unsatisfactory. It is mainly because each process of AI causes a detrimental effect on semen quality. To sustain quality of semen properly, several factors including libido of stallions and sperm damage during sperm processing and preservation should be considered. Stallions with decent libido produce a high ratio of sperm to seminal plasma in their ejaculates, which is the ideal semen composition for maintaining sperm quality. Thus, to maximize the fertility rate upon AI, stallions should be appropriately managed to enhance their libido. Seminal plasma should have a positive effect on horse fertility in the case of natural breeding, whereas the effects of seminal plasma on both sperm viability and quality in the context of AI remain controversial. Centrifugation of semen is performed during semen processing to remove seminal plasma and to isolate fine quality sperm from semen. However, the centrifugation process can also result in sperm loss and damage. To solve this problem, several different centrifugation techniques such as Cushion Fluid along with dual and single Androcoll-E$^{TM}$ were developed to minimize loss of sperm and to damage at the bottom of the pellet. Most recently, a new technique without centrifugation was developed with the purpose of separating sperm from semen. AI techniques have been advanced to deliver sperm to optimal region of female reproductive tract at perfect timing. Recombinant equine luteinizing hormone (reLH) and low dose insemination techniques have been developed to maximize both fertility rate and the efficiency of AI. Horse breeders should consider that the entire AI procedure should be optimized for each stallion due to variation in individual horses for a uniformed AI protocol.

Effect of Chungganhaeju-hwan in Ethanol-induced Neuronal Cell Damage (청간해주환(淸肝解酒丸)의 알코올 유도 뇌신경세포 손상에 대한 보호 효과)

  • Ju, Mi-Sun;Kim, Hyo-Geun;Cho, Hae-Jeong;Sim, Jae-Jong;Jeon, Yong-Jun;Oh, Myung-Sook
    • The Korea Journal of Herbology
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    • v.26 no.3
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    • pp.75-82
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    • 2011
  • Objectives : In this study, we evaluated the effect of Chungganhaeju-hwan(CGHJH) on hydrogen peroxide($H_2O_2$)-induced and ethanol(EtOH)-induced neuronal damage in vitro and in vivo, respectively. Methods:We carried out the anti-oxidant effects of CGHJH against hydrogen peroxide($H_2O_2$)-induced toxicity in HT22 and PC12 cells using thiazolyl blue tetrazolium bromide. Then, to investigate the protective effect on CGHJH against EtOH-induced memory impairment and hippocampal cell damage in male ICR mice, we performed novel object recognition test(NORT), and analysed the brain tissues after immunohistochemistry and western blotting. Results:CGHJH showed protective effect from $H_2O_2$-induced cell toxicity at doses of $1\sim100{\mu}g$/mL in both HT22 and PC12 cells. CGHJH had also recovery effect from EtOH-induced memory impairment in ICR mice from NORT and it protected hippocampal cells against EtOH toxicity in the result of cresyl violet and NeuN immunoreactivity. Conclusion : These results demonstrate that CGHJH has protective effect in neuronal cells against $H_2O_2$ and EtOH toxicities and this effect could be a main role of recovery effect on EtOH-induced memory loss.

Convergent Study on Fatigue Life Analysis of Driving Shaft in Jet Engine (제트엔진에서의 추진축의 피로 수명해석에 관한 융합연구)

  • Lee, Jung-Ho;Cho, Jae-Ung
    • Journal of the Korea Convergence Society
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    • v.6 no.6
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    • pp.279-284
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    • 2015
  • The vibration happened at the revolution movement of driving shaft driven with the thrust of airplane affects the great influence on the life of the shaft. And a great loss of life is caused when the fatigue damage is occurred at the driving shaft during revolution. The chattering is occurred at the driving shaft placed at the various revolution due to the aviation environment. Therefore, the part of the driving shaft concerned about the fatigue damage is grasped through the analysis study in this paper. So, the durability to prevent damage can be improved and it is possible to be grafted onto the convergence technique on the basis of a recent safe design and show the esthetic sense.

A Study on the Reform Measures for the Act on the Acqusition of Land for the Public Undertakings and Compensation : Focused on the Case of Harbor Construction ("공익사업을 위한 토지 등의 취득 및 보상에 관한 법률"에 의한 어업보상 적용사례와 문제점 및 개선방안에 대한 연구 : 항만 개발사업을 중심으로)

  • Moon, Jeong-Gab;Kang, Yong-Joo
    • The Journal of Fisheries Business Administration
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    • v.37 no.3 s.72
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    • pp.85-108
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    • 2006
  • The government enforced 'Act on the acquisition of land for the public undertakings and compensation' commenced on the 1st of January 2003 to faithfully protect the property right of people and to scheme the effiecient drive of public works by systematizing the procedures and the standards of compensation and reforming irrational systems. The previous act regulated to compensate a rightful person of fishery right, who is in a nearby area of public works enforcement zone for actual loss according to the level of damage. On the contrary, as for the fishery damage happened at the outside of public works enforcement zone, the act regulates to compensate for a loss when it is actullay occurred and affirmed. So, the related act was amended as, so called, Post Factum Compensation. With regard to the Post Factum Compensation regulation for the fishery damage occurred at the outside of this public works enforcement zone, many objections and problems are raised as it is not clearly understood of the nature of the fishery compensation. However, this paper is not intended to mention the right or wrong of the current law, but to discuss the problems or remedies of 'Act on the acquisition of land for the public undertakings and compensation' after examining cases of public works which was enforced for the fishery compensation within the current law.

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Decision-making of alternative pylon shapes of a benchmark cable-stayed bridge using seismic risk assessment

  • Akhoondzade-Noghabi, Vahid;Bargi, Khosrow
    • Earthquakes and Structures
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    • v.11 no.4
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    • pp.583-607
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    • 2016
  • One of the main applications of seismic risk assessment is that an specific design could be selected for a bridge from different alternatives by considering damage losses alongside primary construction costs. Therefore, in this paper, the focus is on selecting the shape of pylon, which is a changeable component in the design of a cable-stayed bridge, as a double criterion decision-making problem. Different shapes of pylons include H, A, Y, and diamond shape, and the two criterion are construction costs and probable earthquake losses. In this research, decision-making is performed by using developed seismic risk assessment process as a powerful method. Considering the existing uncertainties in seismic risk assessment process, the combined incremental dynamic analysis (IDA) and uniform design (UD) based fragility assessment method is proposed, in which the UD method is utilized to provide the logical capacity models of the structure, and the IDA method is employed to give the probabilistic seismic demand model of structure. Using the aforementioned models and by defining damage states, the fragility curves of the bridge system are obtained for the different pylon shapes usage. Finally, by combining the fragility curves with damage losses and implementing the proposed cost-loss-benefit (CLB) method, the seismic risk assessment process is developed with financial-comparative approach. Thus, the optimal shape of the pylon can be determined using double criterion decision-making. The final results of decision-making study indicate that the optimal pylon shapes for the studied span of cable-stayed bridge are, respectively, H shape, diamond shape, Y shape, and A shape.

Spatial Distribution and Regional Characteristics of Meteorological Damages to Agricultural Farms in Korea (우리나라 농업기상재해의 공간 분포 및 지역 특성 분석)

  • Song, Inhong;Song, Jung Hun;Kim, Sang Min;Jang, Min Won;Kang, Moon-Seong
    • Journal of The Korean Society of Agricultural Engineers
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    • v.54 no.6
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    • pp.45-52
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    • 2012
  • Along with global warming, ever intensifying weather events have increased damages to agricultural farms and facilities. The objective of this study was to investigate the spatial distribution and regional characteristics of agricultural damages by extreme weather events. Agricultural disaster statistics provided by the National Emergency Management Agency were summed over for a 13-year period from 1998 to 2010 and used for the spatial analysis. Two indices of damage area ration and property damage per unit area were introduced to quantify regional agricultural damages. As the results, farm inundation accounted for the largest area primarily damaged by typhoons with heavy rainfalls. Most property damages to farm lands originated from farm erosion in the alpine regions by localized guerrilla rains. The two major causes of damages to greenhouse and livestock facilities were typhoon with strong wind and winter blizzards. Gangwon was the province of the largest property loss mostly from farm land erosion losses, followed by Gyeongnam, Jeonnam, and Chungnam where losses to greenhouse and livestock facilities were relatively greater. Property loss per unit area was also the greatest for the Gangwon province (4.91 M\/ha), followed by Gyongnam and Chungnam of 2.20 and 1.50 M\/ha, respectively. Unit loss for greenhouse and livestock facilities was 13.3 M\/ha, approximately 13 times greater than that for farm land (1.06 M\/ha). The study findings indicated the importance of reducing highland farm erosion and reinforcing farming facilities structures for agricultural disaster management.

Tracking Analysis of User Privacy Damage using Smartphone (스마트폰 사용으로 인한 사용자 프라이버시 피해 현황 분석)

  • Jeong, Yoon-Su
    • Journal of Convergence Society for SMB
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    • v.4 no.4
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    • pp.13-18
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    • 2014
  • The usage rate of user due to advances in smartphone development is higher than the usage rate to use a PC. However, smartphone usage popularized research to protect sensitive information, such as smart phone users personal information, financial information is a small state. In this paper, we analyzed the various vulnerabilities in smartphone studies to date have been looking into the corresponding port smart consumer dispute resolution methods and criteria for smartphone security attack methods and analysis. In particular, the threat of such a network, malware, Peep attack of the security threats arising from the smartphone they can avoid or mitigate threats to minimize the smartphone security damage is done to the disclosure of personal information, such as direct damage or financial loss the analysis of that method.

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