• Title/Summary/Keyword: Non-decision Making

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A Criminal Legal Study in the Protecting the Right of Surgical Patients - Self-Determination of Patients - (수술환자의 권리보호에 대한 형사법적 쟁점 - 환자의 자기결정권을 중심으로 -)

  • Yoo, Jae Geun
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.3-26
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    • 2015
  • Recently, Practicing of ghost surgery and duty of informed consent of doctors have become a big issue in the medical dispute and lawsuits. The ground of admitting the informed consent and the agreement(self-determination of patients) can be based on the dignity of man and the right to pursue his happiness guaranteed under Article 10 of the constitution in theory. However there are no explicit legal regulations on the duty of the informed consent and there is no substantive legal enactment on the informed consent, but there is a collision between self-determination of patients and the discretionary power of doctors. If the discretionary power on the duty of the informed consent was extended it may result in the infringement of the right of surgical patients, so called arbitrary medical treatment. Relating to this issue, New Jersey Supreme Court held that a patient has the right to determine not only whether surgery is to be performed on him, but also who shall perform it. Moreover it held that a surgeon who operates without the patient's consent engages in the unauthorized touching of another and, thus, commits a battery'. But there are no ghost surgery cases adopting battery theory in Korea, and professional negligence has been considered rather than the battery, regarding an absence of hostile intent to injure patient. Supreme Court of Korea held that a doctor who operates a medical procedure without the patient's valid prior consent based on wrong diagnosis commits professional negligence resulting in injury, and the patient's invalid consent do not preclude wrongfulness'. However, if a health care provider conducts a completely non-consensual treatment or substitute surgeon without consent, the action should be plead in battery, not negligence, but if a health care provider violate his duty of care in obtaining the consent of the patient by failing to disclosure all relevant information (risks) that a reasonable person would deem significant in making a decision to have the procedure, the action should be plead in negligence, not battery. Therefore, the scope of patients' self-determination can be protected by stating clearly the scope of the duty of the informed consent and the exemption of the informed consent legislatively, it is considered that it is valid to legislate the limitation of the discretionary power.

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Performance Analysis of Siding Window based Stream High Utility Pattern Mining Methods (슬라이딩 윈도우 기반의 스트림 하이 유틸리티 패턴 마이닝 기법 성능분석)

  • Ryang, Heungmo;Yun, Unil
    • Journal of Internet Computing and Services
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    • v.17 no.6
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    • pp.53-59
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    • 2016
  • Recently, huge stream data have been generated in real time from various applications such as wireless sensor networks, Internet of Things services, and social network services. For this reason, to develop an efficient method have become one of significant issues in order to discover useful information from such data by processing and analyzing them and employing the information for better decision making. Since stream data are generated continuously and rapidly, there is a need to deal with them through the minimum access. In addition, an appropriate method is required to analyze stream data in resource limited environments where fast processing with low power consumption is necessary. To address this issue, the sliding window model has been proposed and researched. Meanwhile, one of data mining techniques for finding meaningful information from huge data, pattern mining extracts such information in pattern forms. Frequency-based traditional pattern mining can process only binary databases and treats items in the databases with the same importance. As a result, frequent pattern mining has a disadvantage that cannot reflect characteristics of real databases although it has played an essential role in the data mining field. From this aspect, high utility pattern mining has suggested for discovering more meaningful information from non-binary databases with the consideration of the characteristics and relative importance of items. General high utility pattern mining methods for static databases, however, are not suitable for handling stream data. To address this issue, sliding window based high utility pattern mining has been proposed for finding significant information from stream data in resource limited environments by considering their characteristics and processing them efficiently. In this paper, we conduct various experiments with datasets for performance evaluation of sliding window based high utility pattern mining algorithms and analyze experimental results, through which we study their characteristics and direction of improvement.

Lessons from Haitai Distribution Inc's experience in Korea

  • Cho, Young-Sang
    • Journal of Distribution Science
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    • v.9 no.3
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    • pp.25-36
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    • 2011
  • Owing to the rapid growth of hypermarket/discount store formats since 1996, Korean retailing has suddenly attracted the significant attention from researchers. Before the emergence of large scale retailers such as E-Mart, Lotte Mart and Tesco Korea, there were the two retail formats who led the Korean retailing in the modern retailing history: department store and supermarket formats. Nevertheless, there has been little literature concerned about the two retail formats as a case study, while some authors have paid their attention to hypermarket/discount store formats. In addition, when mentioning the development process of retailing history, it is less likely that authors have made an effort to illustrate supermarket retailing history. In order to regard supermarket retailing as part of the Korean retailing, it is interesting to look at a representative supermarket retailer, Haitai, who was one of the subsidiaries of Haitai chaebol. Based on supermarket retailing, the company which was established as a joint venture in 1974 led a supermarket retailing in the Korean modernised retailing history. Before analysing whether Haitai failed or not, the definition of failure should be illustrated. With regard to the term, failure, in the academic world, authors have interchangeably used the following terms: failure, divestment, closure, organisational restructuring, and exit. To collect research data as a case study, the author adopted an in-depth interview method. The research is based on research interviews with 13 ex-staff who left after Haitai went bankruptcy, from store management department to merchandise department. By investigating Haitai's experiences through field interviews, the research found that Haitai restructured organisational decision-making process at the early stage when companies started to modernise organisational charts, benchmarking sophisticated retailing knowledge through the strategic alliance with a Japanese retailer. In respect of buying system, the company established firmly buying functions by adopting central buying system, and further, outstandingly allocated considerable marketing resources to the development of retailer brands with the dedicated team of retailer brand development. In the grocery retailing, abandoning a 'no-frill' packaging concept, the introduction of retailer brand packaging equal to, or better than national brand packaging design, encouraged other retailers to change their retailer brand development strategies. In product sourcing ways, Haitai organised for the first time the overseas sourcing team with the aim of improving the profit margins of foreign products and providing exotic products for customers, followed by other retailers. Regarding distribution system, the company introduced the innovative idea which delivered products ordered by stores directly to each store withboth its own vehicles and its own warehouse in which could deal with dry foods, chilly foods, frozen food, and non-foods, and even, process produce. In addition, Haitai developed many promotional methods to attract more customers like 'the guarantee of the lowest price', and expanded its own business to US in 1996, although withdrew, because of bankruptcy in 1997. Together with POS introduction in 1994, Haitai made a significant contribution to the development of the Korean retailing, influencing other retailers in many aspects. As a case study, the study has provided a number of lessons from Haitai's experiences for academicians and practitioners, suggesting that its history should be involved in the Korean modernised retailing.

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A Historical Approach to the Development of Democracy and the Archival Society in Korea (한국 기록관리와 '거버넌스'에 대한 역사적 접근)

  • OH, Hang-Nyeong
    • The Korean Journal of Archival Studies
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    • no.11
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    • pp.15-40
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    • 2005
  • 'Governance' is a subject that is widely discussed these days in the government and the academic world. I think that the new concept, 'governance', is a strategy to develop the democracy of the society in its institutional and functional aspects. When we are going to discuss about governance, public records and their relationships, without understanding the meaning of 'public' in Korea, we cannot expect to discuss the matter precisely. It is said that Korean public service sectors are awash with authoritarianism and unreasonableness, and that they are at the center of seething corruption and bribe scandals. It is the legacy that the regimes adopted in the aftermath of the Japanese colonial rule for 35 years. The colonial legacy included not simply the practice of the Japanese colony, but also people who had collaborated the Japanese. The American military government and Rhee, Sung-Man regime also appointed the same officials to government posts. As was the same case in other areas including economy, press, education, politics, law, etc. In this point of view, "Righting historical wrongs", a controversial issue now in Korea, aims at establishing the right relationships between an individual and the public, and eventually laying the foundation of democracy for future generation, a procedure of achieving good governance. Apparently, Korea has made progress in developing democracy, as well as in reforming the government policy and organization. Many independent commissions are performing the projects instead of the government institutions that mandated to do the job, but has not played their roles. The e-government projects in Korea was launched in 2001 by the former administration. However, the confusion of records-management after the promulgation of the act is the result of the lack of strategy and the inconsistency of the vision. Good record-keeping supports effective, transparent and accountable government. Accountability is a key element of good governance. It is a recognized fact that without information, there is no guidance for decision-making, and accountability. Thus without records, there is no accountability for the decisions of actions. Transparency means that the decisions taken and their enforcement are carried out based on led-out rules and regulations. When both accountability and transparency are non-existent, good governance is bound to fail. Archival institutions have to give an attention to inner-governance because of the new trend of archival practice, namely 'macro-appraisal'. This 'macro-appraisal' is a kind of a functions-based approach. However, macro-appraisal focuses not just on function, but on the three-way interaction of function, structure and citizen, which combined reflect the functioning of the state within civil society, that is to say, its governance. In conclusion, the public and democracy are major challenges in the Korean society. The so-called good governance requires good record management. In this respect, records managers are in the front line of instituting good governance, and achieving better public and democracy for future generation, a procedure of achieving good governance.

Spatial Conservation Prioritization Considering Development Impacts and Habitat Suitability of Endangered Species (개발영향과 멸종위기종의 서식적합성을 고려한 보전 우선순위 선정)

  • Mo, Yongwon
    • Korean Journal of Environment and Ecology
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    • v.35 no.2
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    • pp.193-203
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    • 2021
  • As endangered species are gradually increasing due to land development by humans, it is essential to secure sufficient protected areas (PAs) proactively. Therefore, this study checked priority conservation areas to select candidate PAs when considering the impact of land development. We determined the conservation priorities by analyzing four scenarios based on existing conservation areas and reflecting the development impact using MARXAN, the decision-making support software for the conservation plan. The development impact was derived using the developed area ratio, population density, road network system, and traffic volume. The conservation areas of endangered species were derived using the data of the appearance points of birds, mammals, and herptiles from the 3rd National Ecosystem Survey. These two factors were used as input data to map conservation priority areas with the machine learning-based optimization methodology. The result identified many non-PAs areas that were expected to play an important role conserving endangered species. When considering the land development impact, it was found that the areas with priority for conservation were fragmented. Even when both the development impact and existing PAs were considered, the priority was higher in areas from the current PAs because many road developments had already been completed around the current PAs. Therefore, it is necessary to consider areas other than the current PAs to protect endangered species and seek alternative measures to fragmented conservation priority areas.

Analysis of the educational status of gerontological nursing subjects - Focusing on the American gerontological nursing competency- (노인간호 교과목 교육현황 분석 - 미국노인간호역량 중심으로 -)

  • Park, Sung Ji;Kim, Eun Mi;Yu, Myeong Hwan;Kang, Ji Sook
    • The Journal of the Convergence on Culture Technology
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    • v.7 no.4
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    • pp.583-590
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    • 2021
  • This study was attempted to identify the current status of education of gerontological nursing at nursing colleges across the country and to check whether 19 senior nursing competencies suggested by the American Association of Nursing Colleges are reflected in the courses. The subjects of this study were 198 nursing education institutions accredited by KABONE, and each university's website, department homepage, university handbook, admission-related information, curriculum table, and syllabus were collected and analyzed through an internet search engine. The collected syllabus and the most recent curriculum table of the elderly nursing course were checked and analyzed using SPSS 23.0. The current status of gerontological nursing management was presented by calculating the frequency and percentage, and the educational contents presented in the syllabus were analyzed based on 19 geriatric nursing competencies presented by AACN. 185 institutions (93.43%) operated the geriatric nursing subjects, 98 institutions (49.49%) offered theory subject, and 84 institutions (42.42%) offered both theory and practice. In the case of compulsory majors, 52.92% had the most, 27.84% for the first semester of the 4th year, and 53.54% for 2 credits. As a result of analyzing the lesson plan, communication-related educational competency was included in 40% of cases. As AACN gerontological nursing competency 'effective information provision ability for the elderly', 'ethical and non-coercive decision-making', 'care without restraint', 'safe and effective transition across levels of care' was not included in the education content. In conclusion, gerontological nursing education has been focused on disease, and effective information provision capabilities including communication with the elderly need to be reflected.

D4AR - A 4-DIMENSIONAL AUGMENTED REALITY - MODEL FOR AUTOMATION AND VISUALIZATION OF CONSTRUCTION PROGRESS MONITORING

  • Mani Golparvar-Fard;Feniosky Pena-Mora
    • International conference on construction engineering and project management
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    • 2009.05a
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    • pp.30-31
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    • 2009
  • Early detection of schedule delay in field construction activities is vital to project management. It provides the opportunity to initiate remedial actions and increases the chance of controlling such overruns or minimizing their impacts. This entails project managers to design, implement, and maintain a systematic approach for progress monitoring to promptly identify, process and communicate discrepancies between actual and as-planned performances as early as possible. Despite importance, systematic implementation of progress monitoring is challenging: (1) Current progress monitoring is time-consuming as it needs extensive as-planned and as-built data collection; (2) The excessive amount of work required to be performed may cause human-errors and reduce the quality of manually collected data and since only an approximate visual inspection is usually performed, makes the collected data subjective; (3) Existing methods of progress monitoring are also non-systematic and may also create a time-lag between the time progress is reported and the time progress is actually accomplished; (4) Progress reports are visually complex, and do not reflect spatial aspects of construction; and (5) Current reporting methods increase the time required to describe and explain progress in coordination meetings and in turn could delay the decision making process. In summary, with current methods, it may be not be easy to understand the progress situation clearly and quickly. To overcome such inefficiencies, this research focuses on exploring application of unsorted daily progress photograph logs - available on any construction site - as well as IFC-based 4D models for progress monitoring. Our approach is based on computing, from the images themselves, the photographer's locations and orientations, along with a sparse 3D geometric representation of the as-built scene using daily progress photographs and superimposition of the reconstructed scene over the as-planned 4D model. Within such an environment, progress photographs are registered in the virtual as-planned environment, allowing a large unstructured collection of daily construction images to be interactively explored. In addition, sparse reconstructed scenes superimposed over 4D models allow site images to be geo-registered with the as-planned components and consequently, a location-based image processing technique to be implemented and progress data to be extracted automatically. The result of progress comparison study between as-planned and as-built performances can subsequently be visualized in the D4AR - 4D Augmented Reality - environment using a traffic light metaphor. In such an environment, project participants would be able to: 1) use the 4D as-planned model as a baseline for progress monitoring, compare it to daily construction photographs and study workspace logistics; 2) interactively and remotely explore registered construction photographs in a 3D environment; 3) analyze registered images and quantify as-built progress; 4) measure discrepancies between as-planned and as-built performances; and 5) visually represent progress discrepancies through superimposition of 4D as-planned models over progress photographs, make control decisions and effectively communicate those with project participants. We present our preliminary results on two ongoing construction projects and discuss implementation, perceived benefits and future potential enhancement of this new technology in construction, in all fronts of automatic data collection, processing and communication.

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A Study on Implementing BSC in the Public Enterprises : The Case of Korea Southern Power (공기업의 BSC 구축에 관한 연구: 한국남부발전(주) 사례를 중심으로)

  • Suh, Woo-Jong;Park, Jin-Bae;Hong, Jin-Won
    • Journal of Korea Society of Industrial Information Systems
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    • v.14 no.4
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    • pp.163-182
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    • 2009
  • The BSC(Balanced Scorecard), a strategic performance evaluation system, has drawn attention as an innovative tool for improving an organization's performance. Recently, the Korean government has recognized the advantages of the BSC and encouraged public enterprises to implement the BSC. However, it has been pointed out that many public enterprises have faced difficulties in constructing and operating the BSC due to lack of clear understanding, a complex environment of performance evaluation, and inherent features of organizational culture. Therefore, this study analyzed a project case of a public enterprise, Korea Southern Power (KSP), which has ever been assessed as an excellent organization in implementing BSC and managing performance. This paper provides procedures, activities, resources (manpower and time), and decision-making issues and criteria required for implementing BSC, along with real project outcomes of the company. Such project details are expected to be used as helpful guidelines for public or non-profit organizations's BSC implementation. Furthermore, the KSP's efforts to cope with its problems and implications derived from the efforts are also expected to help other organizations construct and operate the BSC effectively.

Stakeholder Awareness of Rural Spatial Planning Data Utilization Based on Survey (농촌공간계획 데이터 수급에 대한 이해당사자 인식조사)

  • Zaewoong Rhee;Sang-Hyun Lee;Sungyun Lee;Jinsung Kim;Rui Qu;Seung-Jong Bae;Soo-Jin Kim;Sangbum Kim
    • Journal of Korean Society of Rural Planning
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    • v.29 no.3
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    • pp.25-37
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    • 2023
  • According to the 「Rural Spatial Reconstruction and Regeneration Support Act」, enacted on March 29, 2024, all local governments are required to establish a 'Rural Spatial Reconstruction and Regeneration Plan' (hereinafter referred to as the 'Rural Spatial Plan'). In order for the 'Rural Spatial Plan' to be appropriately established, this study analyzed the supply and demand of spatial data from the perspective of user stakeholders and derived implications for improving rural spatial planning data utilization. In conclusion, three key recommendations come from this result. Firstly, it is necessary to establish an integrated DB for rural spatial planning data. This can solve the problem of low awareness of scattered data-providing websites, reduce the processing time of non-GIS data, and reduce the time required to acquire data by securing the availability of data search and download. In particular, research should be conducted on the establishment of a spatial analysis simulation system to support stakeholders' decision-making, considering that many stakeholders have difficulty in spatial analysis because spatial analysis techniques were not actively used in rural projects before the implementation of the rural agreement system in 2020. Secondly, research on how to improve data acquisition should be conducted in each data sector. The data sector group with the lowest ease of receiving are 'Local Community Domain', 'Changes in Domestic and International Conditions', and 'Provision and Utilization of Daily Life Services'. Lastly, in-depth research is needed on how to raise each rural spatial planning data supply stakeholder to the position of player. Stakeholders of 'University Institutions' and 'Public Enterprises and Research Institutes' should give those who participate in the formulation of rural spatial plans access to the raw data collected for public work. Stakeholders of 'Private company' need to come up with realistic measures to build a data pool centered on consultative bodies between existing private companies and then prepare a step-by-step strategy to fully open it by participating various stakeholders. In order to induce 'Village Residents and Associations' stakeholders to play a leading role as owners and producers of data, personnel should be trained to collect and record data related to the village. In addition, support measures should be prepared to continue these activities.

Emergent Esophagectomy in Patients with Esophageal Malignancy Is Associated with Higher Rates of Perioperative Complications but No Independent Impact on Short-Term Mortality

  • Yahya Alwatari;Devon C. Freudenberger;Jad Khoraki;Lena Bless;Riley Payne;Walker A. Julliard;Rachit D. Shah;Carlos A. Puig
    • Journal of Chest Surgery
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    • v.57 no.2
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    • pp.160-168
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    • 2024
  • Background: Data on perioperative outcomes of emergent versus elective resection in esophageal cancer patients requiring esophagectomy are lacking. We investigated whether emergent resection was associated with increased risks of morbidity and mortality. Methods: Data on patients with esophageal malignancy who underwent esophagectomy from 2005 to 2020 were retrospectively analyzed from the American College of Surgeons National Surgical Quality Improvement Program database. Thirty-day complication and mortality rates were compared between emergent esophagectomy (EE) and non-emergent esophagectomy. Logistic regression assessed factors associated with complications and mortality. Results: Of 10,067 patients with malignancy who underwent esophagectomy, 181 (1.8%) had EE, 64% had preoperative systemic inflammatory response syndrome, sepsis, or septic shock, and 44% had bleeding requiring transfusion. The EE group had higher American Society of Anesthesiologists (ASA) class and functional dependency. More transhiatal esophagectomies and diversions were performed in the EE group. After EE, the rates of 30-day mortality (6.1% vs. 2.8%), overall complications (65.2% vs. 44.2%), bleeding, pneumonia, prolonged intubation, and positive margin (17.7% vs. 7.4%) were higher, while that of anastomotic leak was similar. On adjusted logistic regression, older age, lower albumin, higher ASA class, and fragility were associated with increased complications and mortality. McKeown esophagectomy and esophageal diversion were associated with a higher risk of postoperative complications. EE was associated with 30-day postoperative complications (odds ratio, 2.39; 95% confidence interval, 1.66-3.43; p<0.0001). Conclusion: EE was associated with a more than 2-fold increase in complications compared to elective procedures, but no independent increase in short-term mortality. These findings may help guide data-driven critical decision-making for surgery in select cases of complicated esophageal malignancy.