• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.271-310
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• 2006

In the situation of bringing out of social problem about the medical accident and medical dispute, from 1988 the enactment activity for a legislative bill on conciliation of dispute has promoted, a legislative bill on prevention and relief of medical accident was again proposed in December, 2005. This bill has been faced rough going in review process of National Assembly. Because the purpose of this legislative bill is the conciliation of interest of between medical service consumer and medical service supplier, an item of issues of law is no-fault compensation scheme. However, as no-fault compensation scheme runs counter to the principle liability with fault in our civil law, as expected, whether the inducement is valid or, if induced, the problem is not must be totally reviewed. First of all, the general of principle liability without fault and especially the medical system in foreign countries are reviewed, by reviewing an issue and the pros and cons of the inducement of no-fault compensation scheme, this article draws the conclusion. After all, considering that the necessity adapting Gefahrdungschftung in medical accident as much as other industrial fields exists, the many provisions of the principle liability without fault exists in civil law and special law of our law system, and no-fault compensation scheme let legislative purpose be, to what extent, achieved by conciliating patient and doctor, the inducement of principle liability without fault in medical field is reasonable in the aspect of politic and legal system.

• Journal of Arbitration Studies
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• v.22 no.1
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• pp.89-110
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• 2012

No-fault automobile insurance system is a statutory scheme to provide automobile accident victims with compensation for certain expenses arising from personal injuries occurring in car accidents. New York State has enacted No-Fault Law to ensure that the injured in automobile accidents be paid rapidly by their own insurance company for medical expenses, lost earnings regardless of fault, replacing common law system of reparation for personal injuries under tort law. Its primary purpose is to facilitate compensation without the need to exhaust time-consuming litigation over establishing the existence of fault and the extent of damages. No-Fault Law allows arbitration as a method for settling the no-fault insurance disputes. No-fault arbitration, however, differs in a significant way from general arbitration system. First, No-Fault Law provides the parties with the option to submit any dispute involving no-fault automobile insurance to arbitration. Second, no-fault arbitration attempts to speed its procedure incorporating various methods. Third, the parties are required to seek review of arbitral awards by master arbitrator prior to seeking court's review. Fourth, the parties have right to bring de novo action in court if master arbitrator's award exceeds $5,000. Given the current state of law in Korea, it may not be easy to introduce no-fault arbitration system into Korea in the context of automobile insurance disputes settlement as its law has a long-established reparation system based on tort liability and no-fault arbitration system has its own features that differ from general arbitration system. Nonetheless, it could be suggested that no-fault arbitration be introduced in other fields which require speedy dispute resolution and a third party's decision to settle the disputes. The optional right of submitting disputes to arbitration as provided by No-Fault Law of New York State may offer a ground to supprot the effectiveness of an optional arbitration agreement.

• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.59-84
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• 2010

Medical practice is characterized by various physiological response and uncapacity of prediction, therefore when medical accident occur it's hard to prove medical professionals' mistake. Though medical accident by medical professionals' mistake will be compensated anyhow, about irresistible medical accidents, no one should be not bound to compensate, victims get into very difficult situation. So, the nation don't negligent irresistible medical accidents but compensate anyway. As in the past, to the legal principle's constitution of irresistible medical accidents, theory of liability without fault was adapted, and it was said this theory was illogical in theory of liability with fault. But the subject of compensation to irresistible medical accidents is nation, nation don't participate in medical treatment therefore there is no room to occur mistake. And it is not reasonable to regard medical agency as a truster of public service, to cast to it responsibility of medical accidents. The problem of compensation to irresistible medical accidents is understood under the theory of social compensation. Social compensation is consisted of compensation to sacrifice and contribution to nation and society and compensation to sacrifice revealed under danger, the compensation to irresistible medical accidents belongs to the latter. This is near to concept of relief, is applied to national compensation system supplementarily, and compensation have no option but to compensate minimum. And there are not relation between national compensation system of irresistible medical accidents and proof liability transposition and theory of liability with out fault, merely in side of sharing responsibility burden between medical treater and victim, it is reasonable to discuss transportation of proof liability and compulsive liability insurance together.

• The Korean Journal of Health Service Management
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• v.4 no.2
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• pp.107-117
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• 2010

In this paper, the researcher looked into major issues in the "Act (Draft) on Remedy for Damage from Medical Accident and Medical Dispute Mediation, etc." which was proposed by the Health & Welfare Committee, the National Assembly of the Republic of Korea, and which was pending with the Legislation & Judiciary Committee. Then the researcher pointed out worrisome problems therein and presented suggestion" to improve problematic situations. First of all, the researcher examined the following items which are major points in the aforementioned Act: 1) Establishment of Korea Medical Dispute Mediation and Arbitration Center, 2) Procedures for mediation and arbitration of medical disputes, 3) Establishment of Medical Injury Compensation Association, 4) Introduction of proxy payment for damages, 5) Compensation for no-fault medical accidents, 6) A system concerned with special cases on criminal punishment. Next, the researcher closely reviewed the following possible issues: 1) Limit of arbitrary mediation, 2) Postponement of the system concerned with special case on criminal punishment, 3) Examination of reasons for rejection, 4) Function and role of the Appraisal department, 5) A possibility of being reduced to an evidence collection procedure for lawsuit, 6) A possibility of no-fault compensation rather than injury compensation, 7) Operational issues related proxy payment for damages. Lastly, the researcher presented suggestions on how to improve each problematic issue.

• The Transactions of The Korean Institute of Electrical Engineers
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• v.57 no.6
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• pp.938-943
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• 2008

Coupling capacitor voltage transformers(CCVTs) have been used in extra or ultra high voltage systems to obtain the standard low voltage signal for protection and measurement. For fast suppression of the phenomenon of ferroresonance, three winding CCVTs are used instead of two winding CCVTs. A tuning reactor is connected between a capacitor voltage divider and a voltage transformer to reduce the phase angle difference between the primary and secondary voltages in the steady state. Slight distortion of the secondary voltage is generated when no fault occurs. However, when a fault occurs, the secondary voltage of the CCVT has significant errors due to the transient components such as dc offset component and/or high frequency components resulting from the fault. This paper proposes an algorithm for compensating the secondary voltage of a three winding CCVT in the time domain. With the values of the measured secondary voltage of the three winding CCVT, the secondary, tertiary and primary currents and voltages are estimated; then the voltages across the capacitor and the tuning reactor are calculated and then added to the measured voltage. Test results indicate that the algorithm can successfully compensate the distorted secondary voltage of the three winding CCVT irrespective of the fault distance, the fault impedance and the fault inception angle as well as in the steady state.

• Proceedings of the KIEE Conference
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• 1998.07c
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• pp.1006-1008
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• 1998

This paper describes the possible undesier-able side effects that thyristor controlled compensation may have upon in several relays. This process consisted of calculating line conditions for each of the fault, compensation and loading levels. In some cases their effectiveness at coordinating compensated lines is lost, as they no longer can always accurately determine "distances" to faults.

• Proceedings of the KIEE Conference
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• 2006.07a
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• pp.266-267
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• 2006

A coupling capacitor voltage transformer (CCVT) is used in extra high voltage and ultra high voltage transmission systems to obtain the standard low voltage signal for protection and measurement. To obtain the high accuracy at the power system frequency, a tuning reactor is connected between a capacitor and a voltage transformer (VT). Thus, no distortion of the secondary voltage is generated when no fault occurs. However, when a fault occurs, the secondary voltage of the CCVT has some errors due to the transient components resulting from the fault. This paper proposes an algorithm for compensating the secondary voltage of the CCVT in the time domain. With the values of the secondary voltage of the CCVT, the secondary and the primary currents are obtained; then the voltage across the capacitor and the tuning reactoris calculated and then added to the measured secondary voltage. The proposed algorithm includes the effect of the non-linear characteristic of the VT and the influence of the ferro-resonance suppression circuit. Test results indicate that the algorithm can successfully compensate the distorted secondary voltage of the CCVT irrespective of the fault distance, the fault inception angle and the fault impedance.

• Health Policy and Management
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• v.2 no.1
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• pp.80-114
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• 1992

Current compensation schemes for medical malpractice based on negligence is absolutely malfunctioning in Korea. Focussing on the reform of present tort systems for resolving medical malpractice disputes, this paper discusses the alternative models of the Social Relief Schemes for Medical Malpractice (SRSMM). Alternative models of SRSMM should fundamentally be based on either negligence or nofalult compensation principle. On the foundation of the previous relief principle, the SRSMM should be equupped with three major components-the preventio/reduction of the sharp increasing medical malpractice, the effective and efficient resolving process for malpractice disputes and the proper social financing scheme for compensation. The paper deals with pros and cons of the possible alternative models for reform centering on the three major components of the scheme. As conclusions, administrative arbitration machinaries and a compulsory fund for compensating the injured under the negligence principle are proposed to resolve the current problems Korea has faced.

• The Transactions of the Korean Institute of Electrical Engineers A
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• v.53 no.4
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• pp.214-220
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• 2004

This paper describes a busbar current differential relay in conjunction with a current transformer(CT) compensating algorithm irrespective of the level of the remanent flux. The compensating algorithm detects the start of first saturation if the third-difference function of the current exceeds the threshold; it estimates the core flux at the first saturation start by inserting the negative value of the third-difference function of the current into the magnetization curve; thereafter, it calculates the core flux during the fault and compensates the distorted current using the magnetization curve. The algorithm estimates the correct secondary current irrespective of the level of the remanent flux and needs no saturation point of the magnetization curve. The proposed relay can improve not only security of the relay on an external fault with CT saturation but sensitivity of the relay on an internal fault; the relay can improve the operating speed on n internal fault with CT saturation. This paper concludes by implementing the relay into a digital signal processor based prototype relay.

• The Transactions of the Korean Institute of Electrical Engineers B
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• v.53 no.4
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• pp.214-214
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• 2004

This paper describes a busbar current differential relay in conjunction with a current transformer(CT) compensating algorithm irrespective of the level of the remanent flux. The compensating algorithm detects the start of first saturation if the third-difference function of the current exceeds the threshold; it estimates the core flux at the first saturation start by inserting the negative value of the third-difference function of the current into the magnetization curve; thereafter, it calculates the core flux during the fault and compensates the distorted current using the magnetization curve. The algorithm estimates the correct secondary current irrespective of the level of the remanent flux and needs no saturation point of the magnetization curve. The proposed relay can improve not only security of the relay on an external fault with CT saturation but sensitivity of the relay on an internal fault; the relay can improve the operating speed on n internal fault with CT saturation. This paper concludes by implementing the relay into a digital signal processor based prototype relay.