• Title/Summary/Keyword: Negligence ratio

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Development of a Model for Calculating the Negligence Ratio Using Traffic Accident Information (교통사고 정보를 이용한 과실비율 산정 모델 개발)

  • Eum Han;Giok Park;Heejin Kang;Yoseph Lee;Ilsoo Yun
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.21 no.6
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    • pp.36-56
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    • 2022
  • Traffic accidents occur in Korea are calculated with the 「Automobile Accident Negligence Ratio Certification Standard」 prepared by the 'General Insurance Association of Korea' and the insurance company's agreement or judgment is made. However, disputes are frequently occurring in calculating the negligence ratio. Therefore, it is thought that a more effective response would be possible if accident type according to the standard could be quickly identified using traffic accident information prepared by police. Therefore, this study aims to develop a model that learns the accident information prepared by the police and classifies it to match the accident type in the standard. In particular, through data mining, keywords necessary to classify the accident types of the standard were extracted from the accident data of the police. Then, models were developed to derive the types of accidents by learning the extracted keywords through decision trees and random forest models.

Critical Overview on Changes of Judicial Precedents in the Medical Cases of Korea - In Relation with Forms of Judgments and Damages - (우리나라 의료판례 변화에 대한 비판적 고찰 - 판결양식과 손해배상액을 중심으로 -)

  • Shin, Hyun Ho
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.83-122
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    • 2014
  • Compared with medical cases and health care law from other countries there has been a lot of progress on medical law, especially on medical precedents in Korea. However, in recent years, medical precedents tend to reflect a realistic position of health care providers, rather than normative position of the victim. The burden of proof to prove strict liability is given to patients in civil law suits by courts, patients generally has the burden of proof. The rate of claims to prove the negligence of medical malpractice is falling significantly. Even if the error is acknowledged, it is not enough to get right to be relief for patients by increasing limitations of liability or ratio of patient's own negligence. Compensation fee is included in medical fees and risk of medical malpractice actions contributes ultimately to a health care consumer. In conclusion, author represents a major the new upgrade of above mentioned problem. By advising that court should assess actively for the perspective of victim for medical negligence we will be able to exercise remedies of patients' rights and to prevent recurring medical accidents and also contribute to medical advances.

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Development of Whistle Signal Reception and Alert System for Small Vessel (소형선박용 기적경고신호 수신.경보시스템 개발)

  • Moon, Serng-Bae;Oh, Jin-Seok;Jun, Seung-Hwan;Yang, Hyoung-Seon;Jeong, Eun-Seok
    • Journal of Advanced Marine Engineering and Technology
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    • v.31 no.8
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    • pp.990-997
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    • 2007
  • In the last 5 years, collisions of fishing vessels have recorded about 54.6% of the total marine accidents. Specially about 64.0% of these collisions were caused by navigator's negligence of watch keeping during works. The purpose of this paper is to develop vessel detecting system that is able to receive the whistle blast of other vessel and make a warning sound and light when the fishermen can not confirm the approaching another vessel on account of fishing works. It is designed to receive the whistle signal blast by a weather tight microphone. The signal is processed by analog active filter in order to enhance the SNR(Signal to noise ratio). And this microprocessor-based system is programmed to do ADC(Analog to digital converting), FFT analysis, controls of warning sound and light.

Practical second-order analysis and design of single angle trusses by an equivalent imperfection approach

  • Cho, S.H.;Chan, S.L.
    • Steel and Composite Structures
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    • v.5 no.6
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    • pp.443-458
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    • 2005
  • Steel angles are widely used in roof trusses as web and chord members and in lattice towers. Very often angle members are connected eccentrically. As a result, not only an angle member is under an axial force, but it is also subject to a pair of end eccentric moments. Moreover, the connection at each end provides some fixity so neither pinned nor the fixed end represents the reality. Many national design codes allow for the effects due to eccentricities by modifying the slenderness ratio and reducing the compressive strength of the member. However, in practice, it is difficult to determine accurately the effective length. The concept behind this method is inconsistent with strength design of members of other cross-sectional types such as I or box sections of which the buckling strength is controlled by the Perry constant or the initial imperfection parameters. This paper proposes a method for design of angle frames and trusses by the second-order analysis. The equivalent initial imperfection-to-length ratios for equal and unequal angles to compensate the negligence of initial curvatures, load eccentricities and residual stresses are determined in this paper. From the obtained results, the values of imperfection-to-length ratios are suggested for design and analysis of angle steel trusses allowing for member buckling strength based on the Perry-Robertson formula.

A Legal Analysis of the Precedents of Medical Disputes in the Cosmetic Surgery Field

  • Park, Bo Young;Kim, Min Ji;Kang, So Ra;Hong, Seung Eun
    • Archives of Plastic Surgery
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    • v.43 no.3
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    • pp.278-283
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    • 2016
  • Background Disputes regarding medical malpractice occur between practitioners and patients. As patients have become increasingly aware regarding medical care, an increase in the unexpected side effects of procedures has been observed, thereby leading to an increase in disputes regarding medical malpractice. In this study, we reviewed trends in precedents involving cosmetic surgery-related medical disputes, with the goal of helping to prevent unnecessary disputes in the future. Methods We conducted a search of the judgments made in South Korean courts between 2000 and 2013 that were related to the field of plastic surgery. A total of 54 judgments were analyzed, and the selected precedents were reviewed and classified according to the kind of negligence involved. Results The claim amounts ranged from under 8 million KRW (6,991 USD) to 750 million KRW (629,995 USD). The most common ratio of the judgment amount to the claim amount was 20%-30%. The judgments were classified according to the following categories: violation of the duty of explanation in 17 cases (29%), violation of the duty of care in 10 cases (17%), violation of both duties in 20 cases (35%), and no violation of duty in six cases (10%). Conclusions Cosmetic surgery-related suits require different approaches than general malpractice suits. The Supreme Court requires plastic surgeons to determine the type, timing, methods, and scope of their treatments when considering possible results. Therefore, practitioners should be educated on their rights and responsibilities to enable them to cope with any possible medical dispute that may arise.

Urban Instream Flow Augmentation Using Reclaimed Water in Korea (하수처리수 재이용을 통한 도시하천 물순환 및 수질 개선)

  • Jee, Yong-Keun;Ahn, Jong-Ho;Lee, Jin-Hee
    • Journal of Korean Society of Water and Wastewater
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    • v.26 no.2
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    • pp.285-294
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    • 2012
  • Current urban stream conditions and their restoration projects were investigated by surveying the urban stream management experts in 29 cities with high population density (more than 1,000person/$km^{2}$). The survey results showed that the ratio of covered urban streams decreased by 1.4% (from 14% to 12.6%) in the last 5 years through steady river restoration projects promoted by governments. Nonetheless, 36.3% of 369 urban streams surveyed still report stream depletion problems; therefore, more efforts to alleviate the problems caused by distorted water circulation of urban streams are still necessary. Water depletion in many local urban streams, unlike national rivers, is accelerated due to negligence in stream management, budget shortage, and other reasons. To prevent stream depletion, the use of reclaimed water is suggested as one of the prevention plans. When available amounts of reused sewage are estimated through actual available nationwide sewage discharges of each watershed and instream flow of stream, annual instream flow supply of 780 million $m^{3}$ is expected; 4.8% reduction in the pollution load of public sewer treatment facilities is expected; and the creation of new value through water reuse service is expected. Thus, it is important for the reviews of feasibility and alternatives of water reuse projects for flow augmentation to consider not only investment budget reductions, but also environmental aspects. Also it is necessary to provide the financial support of unified government with strict water quality management policy.

A Study on the Establishment of the Framework Apportion Ratio in Calculating Damages due to Accidental Fires (화재의 실화배상책임액 산정을 위한 프레임워크 수립에 관한 연구)

  • Song, Kwang-Suk;Park, Chung-Hwa
    • Fire Science and Engineering
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    • v.33 no.6
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    • pp.190-203
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    • 2019
  • Since the amendment of the Accidental Fire Liability Act in 2009, interested parties in accidental fire liability contracts have settled issues associated with the estimation of each other's liability amounts through lawsuits. As fire accidents are complex in nature, it is difficult to distinguish between direct and additional damages caused by extended combustion while calculating liability amounts for accidental fires. Additionally, there is an increasing need for establishing and using a framework that includes validity and reliability. To establish such a framework for estimating the liability amounts in case of an accidental fire, this study suggests a novel categorization of fires to be applied to the framework. This will be organized by the subjects of the liability of accidental fires, and quantified and probabilistic processed qualitative items through the methods applied to quantification (AMEA/FTA) based on the fire statistics data published by the government and the previous researchers' research application data and results.

The main factor and counterplan for marine casualties of fishing vessel according to the type of fishing gear in Korea (업종별 어선 해양사고의 원인과 대책)

  • PARK, Byung-Soo;KANG, Il-Kwon;HAM, Sang-Jun;PARK, Chi-Wan;KIM, Su-Hyeong;CHO, Hyun-Kuk
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.52 no.3
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    • pp.232-240
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    • 2016
  • Marine casualties originated from fishing vessels occupied about 71.2% of the whole marine casualties in Korea from 2008 to 2014, which has not changed much for a long time. Therefore, a pragmatic counterplan to decrease in casualties in fishing vessel is indispensable for reduction of marine casualties in Korea. Since the casualties occurred by fishing vessels may incline to a specific type of casualties according to the difference in the operating type; in this paper, 11 fishing types which occurred casualties frequently in numbers and occupied ratio were selected. Since the most frequent occurring casualties in fishing vessels were from collisions and fire explosion in statistics from KMST (2008~2014), the study focused on them. The collision is given a great deal of weight in all the casualties mostly due to the negligence of duty regardless of the job types. Gill netter, trap fishing boat, jig boat, multiple fishing boat and stow netter have their own specific causes of casualties in collision according to the operating types. The cause of fire explosion was mainly due to poor inspection and maintenance the electric cord. For this reason, it may be necessary for an operator to make strict precaution on the other vessels under way systematically, keep the regulation for preventing collisions, and for an engineer on watch to make a check the electricity periodically to reduce the fire explosion.

Analysis of Contributory Factors in Causing Crashes at Rural Unsignalized intersections Based on Statistical Modeling (지방부 무신호교차로 교통사고의 영향요인 분석 및 통계적 모형 개발)

  • PARK, Jeong Soon;OH, Ju Taek;OH, Sang Jin;KIM, Young Jun
    • Journal of Korean Society of Transportation
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    • v.34 no.2
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    • pp.123-134
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    • 2016
  • Traffic accident at intersections takes 44.3% of total number of accidents on entire road network of Korea in 2014. Although several studies addressed contributory factors of accidents at signalized intersection, very few is known about the factors at rural unsignalized intersections. The objective of this study is therefore to investigate specific characteristics of crashes at rural unsignalized intersection and to identify contributory factors in causing crashes by statistical approach using the Ordered Logistic Regression Model. The results show that main type of car crashes at unsignalized intersection during the daytime is T-bone crashes and the number of crashes at 4-legged intersections are 1.53 times more than that at 3-legged intersections. Most collisions are caused by negligence of drivers and violation of Right of Way. Based upon the analysis, accident severity is modeled as classified by two types such as 3-legged intersection and 4-legged intersection. It shows that contributory factors in causing crashes at rural unsignalized intersections are poor sight distance problem, average daily traffic, time of day(night, or day), angle of intersection, ratio of heavy vehicles, number of traffic violations at intersection, and number of lanes on minor street.

The Comparative Studies on the Urban and Rural Landscape for the Plant Diversity Improvement in Pond Wetland (농촌과 도시지역 비교를 통한 연못형습지의 식생다양성 증진방안 연구)

  • Son, Jin-Kwan;Kong, Min-Jae;Kang, Dong-Hyeon;Nam, Hong-Shik;Kim, Nam-Choon
    • Journal of Wetlands Research
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    • v.17 no.1
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    • pp.62-74
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    • 2015
  • Urban areas are variously under threat including deterioration of ecological functions. Many pond wetland types have been created as part of an effort to improve and restore this urban environment. This study was arranged to examine improvement plans of wetlands in urban areas by analyzing semi-natural wetlands in farm areas. As for environment for water quality, it suggested the inflow of natural water neighboring rivers or the direct inflow of rain as the improvement plans. The result which analyzed soil pH, OM, and T-N content of the soil environment mentioned that urban areas supplied artificial sluices, removed apoptotic bodies, and used artificial soil and waterproofing materials and use of natural materials in design and construction, the sluice state of the natural form, and negligence of autumn plants were suggested as the improvement plans. Florae appeared in the subject sites of the study have found that there are 35 families 69 species in urban areas and 53 families 142 species in rural areas. As the average has found that there are 18.5 families 29.3 species in 4 urban areas and 26.3 families 53.5 species in 4 rural areas, the big difference between them was analyzed. As the cause has found that there are differences in yearly plants in farming areas when compared to urban areas, creation of various basic environments including soil and water quality was suggested to make yearly plants settle down widely. Naturalized plants have found that there are no big differences between urban areas and rural areas. However, the average of the naturalized ratio in urban areas is 17.4% as the naturalized plants are about 1/4 of the appeared plants. As it was analyzed to be higher than 7.7%, the average of the naturalized ratio in farming areas as the big difference, creation of various inhabiting environments was suggested to make more yearly plants appear like the analyzed result of the life type. Consideration of placement, materials, and inhabiting environments was suggested to make creation of wetlands well appreciated to improve functions of wetlands in urban areas. It is expected that the above results of the study will be utilized in creation and improvement of the pond wetlands which can play a huge role in increase and improvement of biological diversity in urban areas.