• Title/Summary/Keyword: Offsetting

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Compensation for Personal Injury and the Insurer's Claim for Indemnity - Focused on the NHIC's Claim for Indemnity - (인신사고로 인한 손해배상과 보험자의 구상권 - 국민건강보험공단의 구상권을 중심으로 -)

  • Noh, Tae Heon
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.87-130
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    • 2015
  • In a case in which National Health Insurance Corporation (NHIC) pays medical care expenses to a victim of a traffic accident resulting in injury or death and asks the assailant for compensation of its share in the medical care expenses, as the precedent treats the subrogation of a claim set by National Health Insurance Act the same as that set by Industrial Accident Compensation Insurance Act, it draws the range of its compensation from the range of deduction, according to the principle of deduction after offsetting and acknowledges the compensation of all medical care expenses borne by the NHIC, within the amount of compensation claimed by the victim. However, both the National Health Insurance Act and the Industrial Accident Compensation Insurance Act are laws that regulate social insurance, but medical care expenses in the National Health Insurance Act have a character of 'an underinsurance that fixes the ratio of indemnification,' while insurance benefit on the Industrial Accident Compensation Insurance Act has a character of full insurance, or focuses on helping the insured that suffered an industrial accident lead a life, approximate to that in the past, regardless of the amount of damages according to its character of social insurance. Therefore, there is no reason to treat the subrogation of a claim on the National Health Insurance Act the same as that on the Industrial Accident Compensation Insurance Act. Since the insured loses the right of claim acquired by the insurer by subrogation in return for receiving a receipt, there is no benefit from receiving insurance in the range. Thus, in a suit in which the insured seeks compensation for damages from the assailant, there is no room for the application of the legal principle of offset of profits and losses, and the range of subrogation of a claim or the amount of deduction from compensation should be decided by the contract between the persons directly involved or a related law. Therefore, it is not reasonable that the precedent draws the range of the NHIC's compensation from the principle of deduction after offsetting. To interpret Clause 1, Article 58 of the National Health Insurance Act that sets the range of the NHIC's compensation uniformly and systematically in combination with Clause 2 of the same article that sets the range of exemption, if the compensation is made first, it is reasonable to fix the range of the NHIC's compensation by multiplying the medical care expenses paid by the ratio of the assailant's liability. This is contrasted with the range of the Korea Labor Welfare Corporation's compensation which covers the total amount of the claim of the insured within the insurance benefit paid in the interpretation of Clauses 1 and 2, Article 87 of the Industrial Accident Compensation Insurance Act. In the meantime, there are doubts about why the profit should be deducted from the amount of compensation claimed, though it is enough for the principle of deduction after offsetting that the precedent took as the premise in judging the range of the NHIC's compensation to deduct the profit made by the victim from the amount of damages, so as to achieve the goal of not attributing profit more than the amount of damage to a victim; whether it is reasonable to attribute all the profit made by the victim to the assailant, while the damages suffered by the victim are distributed fairly; and whether there is concrete validity in actual cases. Therefore, the legal principle of the precedent concerning the range of the NHIC's compensation and the legal principle of the precedent following the principle of deduction after offsetting should be reconsidered.

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Review of 2021 Major Medical Decisions (2021년 주요 의료판결 분석)

  • Park, Taeshin;Yoo, Hyunjung;Lee, Jeongmin;Cho, Woosun;Jeong, Heyseung
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.171-209
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    • 2022
  • There were also many medical-related rulings in 2021, among which the rulings reviewed in this paper are as follows. The first relates to a case in which the medical record, which is the primary judgment data regarding the presence or absence of medical negligence, has been modified. The court judged whether there was negligence on the basis of the first written medical record without considering the contents of the medical record that was later modified. Next, the ruling on the case of asking for liability for damages for prescription of anti-obesity drugs recognized negligence related to prescription, but denied liability for property damage by denying a causal relationship, and recognized only alimony for violation of the duty of explanation. The a full-bench ruling on the scope of subrogation of the National Health Insurance Corporation, which subrogates the claims for compensation for medical expenses against the perpetrator of the patient, changed the existing precedent that had taken the 'deduction method after offsetting negligence' and judged it as 'the method of offsetting negligence after deduction'. In addition, in the ruling on whether or not there was negligence, the court was not bound by the medical record appraisal result. Lastly, in relation to the National Health Insurance Service's disposition of reimbursement for medical care benefit costs, we reviewed the ruling that discretion should be exercised even when a non-medical person makes a refund to a medical institution opened by a non-medical person. And we also reviewed the ruling that the scope of reimbursement for medical institutions jointly using facilities and manpower specifically should be determined.

The Analysis of a Causal Relationship of Hospital's Culture Marketing on Customer Emotional Response and Satisfaction

  • Kim, Kyung-A;Kang, Hyung-Chul;Cho, Young-Hun;Won, Jun-Yeon
    • East Asian Journal of Business Economics (EAJBE)
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    • v.4 no.3
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    • pp.1-17
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    • 2016
  • Businesses are using culture marketing as a new promotional tool and as a marketing strategy since consumers have desire for not only economical fulfilment, but also emotional and psychological fulfilment. Similar to service industry, medical service industry has started to use culture marketing on its service industry management side. Therefore, this paper will propose necessity and usable culture marketing in hospitals to identify the current position of culture marketing in medical service industry. In conclusion, the present research offers the following implication. First, culture marketing has a partial offsetting impact to those who have negative emotion regarding the medical service industry. This is because of the positive impact of culture marketing on a customer response and customer satisfaction. Moreover, by considering the fact that only a culture synthesis and a culture style have a positive impact, focusing on a culture synthesis and a culture style would be treated as an advantageous strategy.

Development of Improved Pixel Enhancement Actuator for DLP Projection TV (DLP 프로젝션 TV의 화소 증진 엑추에이터 개발)

  • Yun, Gi-Tak;Kim, Jae-Eun;Lee, Kyung-Taek;Hong, Sam-Nyol;Ko, Eui-Seok;Hahn, Sang-Hoon;Koo, Hee-Sool
    • Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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    • 2005.05a
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    • pp.463-466
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    • 2005
  • While recent display devices are becoming light and slim, the size of a screen is especially the important issue in the field of display devices. Furthermore, it is also required that the projection TV, a large screen display device, be able to represent higher resolutions as the digital broadcasting is set off. In order to realize high resolutions in a DLP projection TV, the number of pixel on DMD should be increased. However, a large number of pixels make it difficult to realize resulting small sized pixels and this cause the increase in cost. Therefore, we propose a simple and improved pixel enhancement actuator using the existing DMD by offsetting half pixels repeatedly in the vertical direction.

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Feasibility Analysis for Futures Trading of Imported Crude Oil (국내 수입 원유의 선물거래 타당성 분석)

  • Yun, Won Cheol
    • Environmental and Resource Economics Review
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    • v.9 no.2
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    • pp.421-449
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    • 2000
  • The objective of this paper is to examine whether it is feasible to introduce an crude oil futures contract on domestic commodity exchange in order to minimize the price risks of imported crude oil. In addition. this study suggests the policy issues to promote futures trading and the alternatives to use foreign energy compares the five criteria to evaluate the feasibility of crude oil futures trading on the domestic exchange. Related to the possibility of successful futures trading of imported crude oil on the domestic exchange, they are evaluated as follows: it is highly possible to succeed for the aspects of price volatility, potential market size or liquidity, and commodity homogeneity; but it is inappropriate for the aspects of deliverable amounts and market power or market structure. Therefore, it is concluded that trading a new futures contract for the underlying imported crude oil on the domestic exchange is inappropriate. For the policy issues and the hedging alternatives, first, it is urgent to establish an atmosphere for futures trading by promoting spot trading. Second, for the case of futures trading on the domestic exchange it is important to consider the simultaneous hedging of crude oil price and foreign exchange risks and mutual offsetting mechanism with major foreign exchanges. Third, for the case of futures trading on foreign exchanges it is reasonable to regard cooperation among concerned companies, government support for futures trading and direct participation into futures trading by the government.

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A Stipulation Based Sources Insertion Multilevel Inverter (SBSIMLI) for Waning the Component Count and Separate DC Sources

  • Edwin, Jose S;Titus, S
    • Journal of Electrical Engineering and Technology
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    • v.12 no.4
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    • pp.1519-1528
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    • 2017
  • The paper proposes a well structured, component count waned single phase multilevel inverter (MLI) topology, which drives three different modules viz. Stipulation Based Sources Insertion (SBSI) module, Level Count Increasing (LCI) module and Inter-Linking H-Bridge (ILHB) module. The SBSI module confronts the number of basic sources needed in series/parallel to achieve required magnitude for any particular level. The LCI possesses an offsetting dc source and opuses to increase the number of levels and the ILHB module links the SBSI and LCI modules. A developed Hybrid Pulse Width Modulation (HPWM) strategy has PWM pulses for the switches of LCI module while the switches of the remaining two modules function at fundamental switching frequency. A fifteen level version of the proposed stipulation based sources insertion MLI (SBSIMLI) topology is simulated in MATLAB R2010a and a prototype of the similar specifications is constructed to validate the performance by experimental results. The comparison between the developed SBSIMLI topology and the competent topologies shows many interesting facts.

Visualizing sphere-contacting areas on automobile parts for ECE inspection

  • Inui, Masatomo;Umezun, Nobuyuki;Kitamura, Yuuki
    • Journal of Computational Design and Engineering
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    • v.2 no.1
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    • pp.55-66
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    • 2015
  • To satisfy safety regulations of Economic Commission for Europe (ECE), the surface regions of automobile parts must have a sufficient degree of roundness if there is any chance that they could contact a sphere of 50.0 mm radius (exterior parts) or 82.5 mm radius (interior parts). In this paper, a new offset-based method is developed to automatically detect the possible sphere-contacting shape of such parts. A polyhedral model that precisely approximates the part shape is given as input, and the offset shape of the model is obtained as the Boolean union of the expanded shapes of all surface triangles. We adopt a triple-dexel representation of the 3D model to enable stable and precise Boolean union computations. To accelerate the dexel operations in these Boolean computations, a new parallel processing method with a pseudo-list structure and axis-aligned bounding box is developed. The possible sphere-contacting shape of the part surface is then extracted from the offset shape as a set of points or a set of polygons.

Hue-based Noise-tolerant Corner Detector Robust to Shadows (그림자에 강건한 색상 기반 내잡음성 코너 검출자)

  • 박기현;박은진;최흥문
    • Journal of the Institute of Electronics Engineers of Korea SP
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    • v.41 no.6
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    • pp.239-245
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    • 2004
  • A hue-based noise-tolerant corner detector is proposed for the exact detection of the real corners in spite of the shadows and random noise. Based on the fact that the hue gradient at the border of the opaque objects' shadow is smaller than the intensity gradient in HSI (hue-saturation-intensity) color space, the effects of shadow are eliminated by introducing the hue-weighted combination of vector gradient to the proposed corner detector. Furthermore, the proposed corner detector is robust to random noise by offsetting the contribution to the corner candidate when the polarities of the color gradients of the pixel pairs are out of phase each other. Results of the experiment show that the proposed corner detector can effectively detect the real corners.

Incomplete 2-manifold Mesh Based Tool Path Generation (불완전한 2차원다양체 메시기반 공추경로생성)

  • Lee Sung-gun;Kim Su-jin;Yang Min-yang;Lee Dong-yoon
    • Transactions of the Korean Society of Mechanical Engineers A
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    • v.29 no.3 s.234
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    • pp.447-454
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    • 2005
  • This paper presents a new paradigm for 3-axis tool path generation based on an incomplete 2-manifold mesh model, namely, an inexact polyhedron. When geometric data is transferred from one system to another system and tessellated for tool path generation, the model does not have any topological data between meshes and facets. In contrast to the existing polyhedral machining approach, the proposed method generates tool paths from an incomplete 2-manifold mesh model. In order to generate gouge-free tool paths, CL-meshes are generated by offsetting boundary edges, boundary vertices, and facets. The CL-meshes are sliced by machining planes and the calculated intersections are sorted, trimmed, and linked. The grid method is used to reduce the computing time when range searching problems arise. The method is fully implemented and verified by machining an incomplete 2-manifold mesh model.

An Algorithm to Speed Up the Rapid Prototyping (쾌속조형의 속도를 향상시키기 위한 알고리즘)

  • Ko, Min-Suk;Chang, Min-Ho;Wang, Gi-Nam;Park, Sang-Chul
    • Journal of the Korean Society for Precision Engineering
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    • v.25 no.3
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    • pp.157-164
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    • 2008
  • While developing physical prototype from CAD model, rapid prototyping mainly focuses on two key points reducing time and material consumption. So, we have to change from a traditional solid model to building a hollowed prototype. In this paper, a new method is presented to hollow out solid objects with uniform wall thickness to increase RP efficiency. To achieve uniform wall thickness, it is necessary to generate internal contour by slicing the offset model of an STL model. Due to many difficulties in this method, this paper proposes a new algorithm that computes internal contours computing offset model which is generated from external contour using wall thickness. Proposed method can easily compute the internal contour by slicing the offset surface defined by the sum of circle swept volumes of external contours without actual offset and the circle wept volumes. Internal contour existences are confirmed by using the external point. Presented algorithm uses the 2D geometric algorithm allowing RP implementation more efficient. Various examples have been tested with implementation of the algorithm, and some examples are presented for illustration.