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Review of 2019 Major Medical Decisions (2019년 주요 의료판결 분석)

  • Yoo, Hyun Jung;Park, Noh Min;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun;Park, Tae Shin
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.107-152
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    • 2020
  • During the main ruling in 2019, a number of rulings that were of interest or meaningful were handed down, such as just because the complication of medical practice has occurred, there is no presumption of negligence, a case involving a fall accident in which a lot of culpability has recently been made. the death of a well-known singer that caused a sensation, a case about damages caused by MERS in 2015, which is more meaningful in connection with damages caused by COVID-19, an infectious disease that has recently hit the world, including Korea. In preaching the principles of the law, just because there has been a complication caused by medical practice, there is no presumption of negligence, 'The scope of the complication without presumption of negligence' was determined differently by the court, the court was not able to specify the criteria. Specific circumstances were presented to limit the responsibility of the medical institution while acknowledging the malpractice of the medical institution in relation to the fall accident. In relation to the scope of damages, judgment was made on issues related to the calculation of lost profits of medical malpractice; criteria for determining celebrities' daily income, criteria for determining daily income in case of receiving survivor's pension due to medical accident, an incident in which the daily income is denied if the labor capacity is already lost at the time of a medical accident. But, it seems that judgments should be made based on clearer and more reasonable standards. Related to Medical Advertise, specific logic of judgment was presented as to whether it was interpreted as being in accordance with the specific prohibition listed in Article 27 paragraph 3 of the Medical Law, which is the criterion for violation of the Medical Law, or if it constitutes a significant harm to the order of the medical market. In response to the prohibition of operating the multiple medical institutions, the Constitutional Court decided that it was constitutional because it did not violate the regulations on excessive funding, and rationally limited the scope of the prohibited 'redundant operation'. The Supreme Court ruled for the first time that even a medical institution established and operated in violation of the Medical Service Act did not make it impossible to receive all medical care benefits implemented by a medical institution under the National Health Insurance Act. Significant rulings were finalized that recognized the existence of specific protection obligations for the people of the country in the management of infectious diseases.

The legal responsibility of the unmanned aircraft operators and insurance (무인항공기 운영자의 법적책임과 보험)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.367-418
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    • 2018
  • Just as safety is the most important thing in aviation, safety is the most important in the operation of unmanned aircraft (RPA), and safety operation is the most important in the legal responsibility of the operator of the unmanned aircraft. In this thesis, the legal responsibility of the operator of the unmanned aircraft, focusing on the responsibility of the operator of the unmanned aircraft, was discussed in depth with the issue of insurance, which compensates for damages in the event of an accident First of all, the legal responsibility of the operator of the unmanned aircraft was reviewed for the most basic : definition, scope and qualification of the operator of the unmanned aircraft, and the liability of the operator of the Convention On International Civil Aviation, the ICAO Annex, the RPAS Manual, the Rome Convention, other major international treaties and Domestic law such as the Aviation Safety Act. The ICAO requires that unmanned aircraft be operated in such a manner as to minimize hazards to persons, property or other aircraft as a major principle of the operation of unmanned aircraft, which is ultimately equivalent to manned aircraft Considering that most accidents involving unmanned aircrafts fall to the ground, causing damage to third parties' lives or property, this thesis focused on the responsibility of operators under the international treaty, and the responsibility of third parties for air transport by Domestic Commercial Act, as well as the liability for compensation. In relation to the Rome Convention, the Rome Convention 1952 detailed the responsibilities of the operator. Although it has yet to come into effect regarding liability, some EU countries are following the limit of responsibility under the Rome Convention 2009. Korea has yet to sign any Rome Convention, but Commercial Act Part VI Carriage by Air is modeled on the Rome Convention 1978 in terms of compensation. This thesis also looked at security-related responsibilities and the responsibility for privacy infringement. which are most problematic due to the legal responsibilities of operating unmanned aircraft. Concerning insurance, this thesis looked at the trends of mandatory aviation insurance coverage around the world and the corresponding regulatory status of major countries to see the applicability of unmanned aircraft. It also looked at the current clauses of the Domestic Aviation Business Act that make insurance mandatory, and the ultra-light flight equipment insurance policy and problems. In sum, the operator of an unmanned aircraft will be legally responsible for operating the unmanned aircraft safely so that it does not pose a risk to people, property or other aircraft, and there will be adequate compensation in the event of an accident, and legal systems such as insurance systems should be prepared to do so.

Comparison of Naphthalene Degradation Efficiency and OH Radical Production by the Change of Frequency and Reaction Conditions of Ultrasound (초음파 주파수 및 반응조건 변화에 따른 나프탈렌 분해효율과 OH 라디칼의 발생량 비교)

  • Park, Jong-Sung;Park, So-Young;Oh, Je-Ill;Jeong, Sang-Jo;Lee, Min-Ju;Her, Nam-Guk
    • Journal of Korean Society of Environmental Engineers
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    • v.31 no.2
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    • pp.79-89
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    • 2009
  • Naphthalene is a volatile, hydrophobic, and possibly carcinogenic compound that is known to have a severe detrimental effect to aquatic ecosystem. Our research examined the effects of various operating conditions (temperature, pH, initial concentration, and frequency and type of ultrasound) on the sonochemical degradation of naphthalene and OH radical production. The MDL (Method detection limit) determined by LC/FLD (1200 series, Agilient) using C-18 reversed column is measured up to 0.01 ppm. Naphthalene vapor produced from ultrasound irradiation was detected under 0.05 ppm. Comparison of naphthalene sonodegradion efficiency tested under open and closed reactor cover fell within less than 1% of difference. Increasing the reaction temperature from $15^{\circ}C$ to $40^{\circ}C$ resulted in reduction of naphthalene degradation efficiency ($15^{\circ}C$: 95% ${\rightarrow}$ $40^{\circ}C$: 85%), and altering pH from 12 to 3 increased the effect (pH 12: 84% ${\rightarrow}$pH 3: 95.6%). Pseudo first-order constants ($k_1$) of sonodegradation of naphthalene decreased as initial concentration of naphthalene increased (2.5 ppm: $27.3{\times}10^{-3}\;min^{-3}\;{\rightarrow}$ 10 ppm : $19.3{\times}10^{-3}\;min^{-3}$). Degradation efficiency of 2.5 ppm of naphthalene subjected to 28 kHz of ultrasonic irradiation was found to be 1.46 times as much as when exposed under 132 kHz (132 kHz: 56%, 28 kHz: 82.7%). Additionally, its $k_1$ constant was increased by 2.3 times (132 kHz: $2.4{\times}10^{-3}\;min^{-1}$, 28 kHz: $5.0{\times}10^{-3}\;min^{-1}$). $H_2O_2$ concentration measured 10 minutes after the exposure to 132 kHz of ultrasound, when compared with the measurement under frequency of 28 kHz, was 7.2 times as much. The concentration measured after 90 minutes, however, showed the difference of only 10%. (concentration of $H_2O_2$ under 28 kHz being 1.1 times greater than that under 132 kHz.) The $H_2O_2$ concentration resulting from 2.5 ppm naphthalene after 90 minutes of sonication at 24 kHz and 132 kHz were lower by 0.05 and 0.1 ppm, respectively, than the concentration measured from the irradiated M.Q. water (no naphthalene added.) Degradation efficiency of horn type (24 kHz) and bath type (28 kHz) ultrasound was found to be 87% and 82.7%, respectively, and $k_1$ was calculated into $22.8{\times}10^{-3}\;min^{-1}$ and $18.7{\times}10^{-3}\;min^{-1}$ respectively. Using the multi- frequency and mixed type of ultrasound system (28 kHz bath type + 24 kHz horn type) simultaneously resulted in combined efficiency of 88.1%, while $H_2O_2$ concentration increased 3.5 times (28 kHz + 24 kHz: 2.37 ppm, 24 kHz: 0.7 ppm.) Therefore, the multi-frequency and mixed type of ultrasound system procedure might be most effectively used for removing the substances that are easily oxidized by the OH radical.

A Study on Management of Records for Accountability of University student body's autonomy activity - Focused on Myongji University's student body - (대학 총학생회 자치활동의 설명책임성을 위한 기록관리 방안 연구 - 명지대학교 총학생회를 중심으로 -)

  • Lee, Yu Bin;Lee, Seung Hwi
    • The Korean Journal of Archival Studies
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    • no.29
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    • pp.175-223
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    • 2011
  • A university is an organization charged with publicity and has accountability to the community for the operating process. Students account for a majority of members in a university. In universities, numerous creatures are pouring out every year and university students are major producers of these records. However, roles and functions of university students producing enormous amount of records as main agents of universities and focused concentration on produced records have not been made yet. It is reality that from the archival point of view, the importance of produced records of which main agents are university students has been relatively underestimated. In this background, this study attempted approach in archival point of view on records produced by university students, main agents. There are various types of records that university students produce such as records produced in the process of research and teaching as well as records produced in the process of various autonomy activities like clubs, students' associations. This study especially focused on university student autonomy activity process and placed emphasis on accountability securing measures on autonomy activity process of university students. To secure accountability of activities, records management should be based. Therefore, as a way to ensure accountability of unversity students autonomy activity, we tried to present records management systematization and records utilization measures. For this, a student body, a university student autonomy organization was analyzed and a student body of Myongji University Humanities Campus was selected as a specific target. First, to identify records management status, activities and organization and functions of the student body, we conducted an interview with the president of the student body. Through this, we analyzed the activities of the university student body and examined the necessity of accountability accordingly. Also, we derived the types and characteristics of records to be produced at each stage by analyzing the organization and functions of the student body of Myongji University. Like this, after deriving the types of production records according to the necessity, organization and functions of accountability and activities of the student body, we analyzed records management status of the present student body. First, to identify the general process status of activities of the student body, we analyzed activity process by stage of the student body of Myongji University. And we analyzed records management method of the student body and responsibility principal and conducted real condition analysis. Through this analysis, we presented the measures to ensure accountability of a university student body in three categories such as systematization of records management process, establishment of records management infrastructure, accountability guarantee measures. This study discussed accountability on society by analyzing activities and functions of a student body, targeting a student body, an autonomy organization of university students. And as a measure to secure accountability of a student body, we proposed a model for records management environment settlement. But in terms that a student body is an organization operated in one year basis, there is a limit that records management environment is hard to settle. This study pointed out this limit and was to provide clues when more active researches were carried out in the field of student records management in the future through presentation of student body records management model. Also, it is expected that the analysis results derived from this research will have significance in terms of school history arrangement and conservation.

Assessment of 1,4-Dioxane Removal in Polyester Wastewater by Activated Sludge and Its Microbial Property by 16S rDNA (폴리에스테르 중합폐수의 활성슬러지 공정에서의 1,4-다이옥산 제거 및 16S rDNA에 의한 미생물 군집특성 평가)

  • Han, Ji-Sun;So, Myung-Ho;Kim, Chang-Gyun
    • Journal of Korean Society of Environmental Engineers
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    • v.30 no.4
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    • pp.393-400
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    • 2008
  • 1,4-Dioxane($C_4H_8O_2$), which is used as a solvent stabilizer, could make harmful effects on ecosystem because of its higher solubility, toxicity and carcinogenic by US EPA. From 2011, its discharge limit to waterbody will be regulated at 5 mg/L by Ministry of Environment Republic of Korea. It was thus to investigate that the currently operating activated sludge in polyester manufacturing processes in Gumi can properly treat it to meet with the regulation standard. For that purpose, the removal rate of 1,4-dioxane and its microbial properties were assessed for a few companies(i.e. K, H and T). Its removal efficiency was the most highly recorded in H as 98% and then 77% for K, which met with the regulation standard. However, concentration of 1,4-dioxane of T was 23 mg/L in the effluent, which is more than the regulation standard. Aside from, microbial degradation test was done for 100 ppm of 1,4-dioxane in BSM (Basal salt medium) inoculated with each of activated sludge. After 7 days, 1,4-dioxane was completely removed in the test bottle inoculated with H sludge, 67% in T and 52% in K, which could confirm that the given activated sludge might have different biodegradability against the amount of 1,4-dioxane. Therefore, microbial diversity in each company was investigated by 16s rDNA cloning methods where a species, e.g. Methylibium petroleiphilum PM1, was the greatest observed from H and in lesser from K, but it was not detected from T. Methylibium petroleiphilum PM1 is known to efficiently degrade ether like methyl tertiary-butyl ether(MTBE). It is concluded that the activated sludge in H can be most effectively adopted for a biodegradation of 1,4-dioxane in the concern of industrial sector.

A Study on the Domestic Small Package Express Service′s Competitive Power Improvement Plan at EC Times (전자상거래 시대 국내 택배업의 경쟁력 향상 방안에 관한 연구)

  • 박영태;정종식
    • Proceedings of the Korean DIstribution Association Conference
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    • 2002.05a
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    • pp.31-59
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    • 2002
  • Recently there are many changes of logistics environment Such as integrated logistics information system, the rapid growth of the domestic and international small package express service and third party logistics with Electronic Commerce. At this time it is very important to deliver to customers the goods sold through EC speedy, accurately and safely. That is to say, the role of small package express service is very important at EC times. The bottlenecks of small package express service in the circumstances of EC are the weakness of EC operating company and small package express service provider the shortage of distribution centre and cargo terminal, the shortage of skilled man with related small package express service etc. So, I suggested that for activation of EC it is necessary to strengthen the strategic alliances, introduce GPS and use the third party logistics positively in the side of small package express service provider. And it is necessary to prepare for the settlements of traffic problems, support the introduction of integrated logistics service, logistics information system, deregulate restriction such as weight limit of vehicles in the side of the government. And to government support throughout extending nation's SOC, deregulation, support to small package express service terminal, permit to stopping & parking in downtown, abolishing a no passing zone, permit to being employed foreigner. Also this service involves ensuring that the product will arrive when wanted, and in an undamaged condition.

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A Study on Load-carrying Capacity Design Criteria of Jack-up Rigs under Environmental Loading Conditions (환경하중을 고려한 Jack-up rig의 내하력 설계 기준에 대한 연구)

  • Park, Joo Shin;Ha, Yeon Chul;Seo, Jung Kwan
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.1
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    • pp.103-113
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    • 2020
  • Jack-up drilling rigs are widely used in the offshore oil and gas exploration industry. Although originally designed for use in shallow waters, trends in the energy industry have led to a growing demand for their use in deep sea and harsh environmental conditions. To extend the operating range of jack-up units, their design must be based on reliable analysis while eliminating excessive conservatism. In current industrial practice, jack-up drilling rigs are designed using the working(or allowable) stress design (WSD) method. Recently, classifications have been developed for specific regulations based on the load and resistance factor design (LRFD) method, which emphasises the reliability of the methods. This statistical method utilises the concept of limit state design and uses factored loads and resistance factors to account for uncertainly in the loads and computed strength of the leg components in a jack-up drilling rig. The key differences between the LRFD method and the WSD method must be identified to enable appropriate use of the LRFD method for designing jack-up rigs. Therefore, the aim of this study is to compare and quantitatively investigate the differences between actual jack-up lattice leg structures, which are designed by the WSD and LRFD methods, and subject to different environmental load-to-dead-load ratios, thereby delineating the load-to-capacity ratios of rigs designed using theses methods under these different enviromental conditions. The comparative results are significantly advantageous in the leg design of jack-up rigs, and determine that the jack-up rigs designed using the WSD and LRFD methods with UC values differ by approximately 31 % with respect to the API-RP code basis. It can be observed that the LRFD design method is more advantageous to structure optimization compared to the WSD method.

Review of 2016 Major Medical Decisions (2016년 주요 의료판결 분석)

  • Park, Tae Shin;Yoo, Hyun Jung;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.297-341
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    • 2017
  • We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.

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A Study of the Roundabout Hump type Crosswalks Installation Criteria That Takes Into Account the Safety of Pedestrian Traffic (보행자 통행안전성을 고려한 회전교차로의 고원식횡단보도 설치기준 연구)

  • Lim, Chang-Sik;Choi, Yang-Won
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.36 no.6
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    • pp.1075-1082
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    • 2016
  • In order to calculate the optimum installation interval between a speed hump and hump type crosswalk that are installed continuously in succession, this study examined the speed of a vehicle that passes different intervals between speed humps and hump type crosswalks from the approach section of a roundabout having a maximum speed limit of 30km/h; analyzed the effects of speed humps and hump type crosswalks installed continuously in succession on vehicle driving speed; and simulated the optimum installation height of hump type crosswalk. As a result, the following conclusion was drawn. First, it was found that the optimum interval between a speed hump and hump type crosswalk, which are the representative traffic calming techniques for reducing vehicle speed, to control vehicle speed under 30km/h is 30m. Second, as a result of comparing the deceleration of a vehicle that pass hump type crosswalks, it was found that if the installation interval is 65 m and above, a speed hump and hump type crosswalk had no effect. Therefore, it is desirable that the maximum installation interval between a speed hump and hump type crosswalk for controlling vehicle speed within a fixed road section should not exceed 65m. Third, the analysis showed that the optimum installation height of hump type crosswalk is 6-8cm in case vehicle speed at the approach section is 20km/h or lower, 8-10cm in case of 30km/h, and 10cm in case of 30km/h or higher, respectively. Fourth, even at a road section on which a speed hump and hump type crosswalk are installed, speed reduction effects may sometimes be insignificant due to a driver's studying effect, traffic conditions and so on. Thus, it is judged that speed reduction effects will be greater if several traffic calming techniques such as speed hump, chicane, and choker are applied at the same time. Therefore, in case of applying traffic calming techniques for the purpose of reducing vehicle speed in order to promote pedestrian safety, the composite application of several techniques should be considered.

A Study on Estimating Optimal Tonnage of Coastal Cargo Vessels in Korea (우리나라 연안화물선의 적정선복량 추정에 관한 연구)

  • 이청환;이철영
    • Journal of the Korean Institute of Navigation
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    • v.13 no.1
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    • pp.21-53
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    • 1989
  • In the past twenty years, there has been a rapid increase in the volume of traffic in Korea due to the Korean great growth of the Korean economy. Since transformation provides an infrastructure vital to economic growth, it becomes more and more an integral part of the Korea economy. The importance of coastal shipping stands out in particular, not only because of the expansion limit on the road network, but also because of saturation in the capacity of rail transportation. In spite of this increase and its importance, coastal shipping is falling behind partly because it is givenless emphasis than ocean-going shipping and other inland transportation systems and partly because of overcompetition due to excessive ship tonnage. Therefore, estimating and planning optimum ship tonnage is the first take to develop Korean coastal shipping. This paper aims to estimate the optimum coastal ship tonnage by computer simulation and finally to draw up plans for the ship tonnage balance according to supply and demand. The estimation of the optimum ship tonnage is peformed by the method of Origin -Destimation and time series analysis. The result are as follows : (1) The optimum ship tonnage in 1987 was 358, 680 DWT, which is 54% of the current ship tonnage (481 ships, 662, 664DWT) that is equal to the optimum ship tonnage in 1998. this overcapacity result is in excessive competition and financial difficulties in Korea coastal shipping. (2) The excessive ship tonnage can be broken down into ship types as follows : oil carrier 250, 926 DWT(350%), cement carrier 9, 977 DWT(119%), iron material/machinery carrier 25, 665 DWT(117%), general cargo carrier 17, 416DWT(112%). (3) the current total ship crew of 5, 079 is more than the verified optimally efficient figure of 3, 808 by 1271. (4) From the viewpoint of management strategy, it is necessary that excessive ship tonnage be reduced and uneconomic outdated vessels be broken up. And its found that the diversion into economically efficient fleets is urgently required in order to meet increasing annual rate in the amounts of cargo(23, 877DWT). (5) The plans for the ship tonnage balance according to supply and demand are as follows 1) The establishment of a legislative system for the arrangement of ship tonnage. This would involve; (a) The announcement of an optimum tonnage which guides the licensing of cargo vessels and ship tonnage supply. (b) The establishment of an organization that substantially arrangement tonnage in Korea coastal shipping. 2) The announcement of an optimum ship tonnage both per year and short-term that guides current tonnage supply plans. 3) The settlement of elastic tariffs resulting in the protect6ion of coastal shipping's share from other tonnage supply plans. 4) The settlement of elastic tariffs resulting in the protection of coastal shipping's share from other transportation systems. 4) Restriction of ocean-going vessels from participating in coastal shipping routes. 5) Business rationalization of coastal shipping company which reduces uneconomic outdated vessels and boosts the national economy. If we are to achieve these ends, the followings are prerequisites; I) Because many non-licensed vessels are actually operating and threatening the safe voyage of the others in Korea coastal routes, it is necessary that those ind of vessels be controlled and punished by the authorities. II) The supply of ship tonnage in Korean coastal routes should be predently monitored because most of the coastal vessels are to small to be diverted into ocean-going routes in case of excessive supply. III) Every ship type which is engaged in coastal shipping should be specialized according to the characteristics of its routes as soon possible.

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