• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.331-393
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• 2010

Psychiatrists who treat violent or potentially violent patients may be sue for failure to control aggressive outpatients and for the discharge of violent inpatients. Psychiatrists may be sued for failing to protect society from the violent acts of their patients if it was reasonable for the psychiatrists to have known or should have known about the patient's violent tendencies and if the psychiatrists could have done something that could have safeguarded in public. The courts of a number of jurisdictions have imposed a duty to protect the potential victims of a third party on persons or institutions with a special relationship to that party. In the landmark case of Tarasoff v Regents of University of California, the California Supreme Court held that the special relationship between a psychotherapist and a patient imposes on the therapist a duty to act reasonably to protect the foreseeable victims of the patient. Under Tarasoff, when a therapist has determined, or under applicable professional standards should determine, that a patient poses a serious threat of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger. In addition to a Tarasoff type of action based on a duty to warn or protect foreseeable victims of psychiatric outpatients, courts have also imposed liability on mental health care providers based on their custody of patients known to have violent propensities. The legal duty in such a case has been stated to be that where the course of treatment of a mental patient involves an exercise of "control" over him by a physician who knows or should know that the patient is likely to cause bodily harm to others, an independent duty arises from that relationship and falls on the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient. After going through a period of transition, from McIntosh, Thompson and Brady case, finally, the narrow rule of requiring a specific or foreseeable threat of violence against a specific or identifiable victim is the standard threshold or trigger element in the majority of states. Judgements on these kinds of cases are not enough yet in Korea, so that it may be too early to try find principles in these cases, however it is hardly wrong to read the same reasons of Tarasoff in the judgements of Korea district courts. To specific, whether a psychiatric institute was liable for violent behavior toward others depends upon the patients conditions, circumstances and the extent of the danger the patients poses to others; in short, the foreseeability of a specific or identifiable victim. In this context if a patient exhibit strong violent behavior toward others, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly attack others or unidentifiable victim. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only requires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. All these principles have been established in cases of the U.S.A and Japan. In this article you can find the reasons which you can use for psychotherapist's liability for failure to protect third person in Korea as practitioner.

• The Journal of Fisheries Business Administration
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• v.37 no.1 s.70
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• pp.25-44
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• 2006

Under the provision of Article 63 of the Enforcement Regulation of the Act on Acquisition and Compensation of Land and Others for Public Project that is recently enacted and implemented (hereinafter referred to as the 'Lend Compensation Act') the compensation is required to make 'When the Actual Damage Amount' is confirmed for the damage in fishery affairs that is outside of the public project area. The compensation for fishery business on the indirect damage area has been excluded from the advance compensation subject to conflict with the existing laws on fishery business compensation with the controversy in method, procedure, time and others to confirm the actual damage amount, and it lacks the standard of calculation for detailed compensation on partial damages outside of business implementation area, which caused the ceaseless conflicts and straggles between the project implementation party and the victimized fishermen regarding the calculation method of damages, standard, compensation period and others. In particular, from the numerous problems in damage compensation in fishery on the indirect damage area, the most recent problem emerged is the issue on application method of damage period in calculating the damage compensation amount that the struggle has been deepened with the differences between the project implementation party and the victimized fishermen without the stipulation on the compensation, that caused the difficulties in carrying out the public project and other serious social problems. In this study, the reasonable application method for the damage period and the calculation plan of the damage amount for calculating the damages on fishery industry outside of the public project implementation zone that is not fully specified under the Land Compensation Act, and the indirect damage area is not influenced for the notification of project recognition, and the compensation to undertake with the damage in the fishery industry in project implementation area to have the nature of damage compensation, the right to engage in fishery industry has the perpetual nature of rights, the fishery damage compensation system of Japan also recognizes the perpetual right on fishery industry to calculate the compensation amount, and the compensation for damage amount has been exercised for the period of actual damage occurrence period regardless of remaining effective period for most of fishery permit and license for fishery compensation outside of the project implementation area following the recent various public projects as well as the development process of theory on fishery loss compensation that the calculation of damage amount on the fishery industry outside of the project implementation zone would be prudent to compensate by calculating the applicable damages during the period of actual damages, and by doing so, the 'just compensation' guaranteed under the Constitution may be materialized. Therefore, the calculation of the damages from the implementation of the public project shall consider the actual period of damages and the degree of damage from the public project to calculate by the income capitalization method, however, considering the equitable consideration with the compensation following the cancellation, it shall not exceed the compensation following the termination of the applicable fishery businesses. Furthermore, the calculation method of partial damage amount on the fishery business following the project implementation shall apply, depending on the period of damage occurrence, by (1) the case of calculating the future damage amount at the present time, and (2) calculating the damage from the past to the present time as well as the damage to be incurred later, by selecting the calculation method for damages following the damage occurrence type.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.227-260
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• 2018

Recently, as the use of drones increases, the risk of drone accidents and third-party property damage is also increasing. In Korea, due to the recent increase in drone use, accidents have been frequently reported in the media. The number of reports from citizens, and military and police calls regarding illegal or inappropriate drone use has also been increasing. Drone operators may be responsible for paying damages to third parties due to drone accidents, and are liable for paying settlements due to illegal video recording. Therefore, it is necessary to study the idea of providing drone insurance, which can mitigate the liability and risk caused by drone accidents. In the US, comprehensive housing insurance covers damages caused by recreational drones around the property. In the UK, when a drone accident occurs, the drone owner or operator bears strict liability. Also, in the UK, drone insurance joining obligation depends on the weight of the drones and their intended use. In Germany, in the event of personal or material damage, drone owner bears strict liability as long as their drone is registered as an aircraft. Germany also requires by law that all drone owners carry liability insurance. In Korea, insurance is required only for "ultra-light aircraft use businesses, airplane rental companies and leisure sports businesses," where the aircraft is "paid for according to the demand of others." Therefore, it can be difficult to file claims for third party damages caused by unmanned aerial vehicles in personal use. Foreign insurance companies are selling drone insurance that covers a variety of damages that can occur during drone accidents. Some insurance companies in Korea also have developed and sell drone insurance. However, the premiums are very high. In addition, drone insurance that addresses specific problems related to drone accidents is also lacking. In order for drone insurance to be viable, it is first necessary to reduce the insurance premiums or rates. In order to trim the excess cost of drone insurance premiums, drone flight data should be accessible to the insurance company, possibly provided by the drone pilot project. Finally, in order to facilitate claims by third parties, it is necessary to study how to establish specific policy language that addresses drone weight, location, and flight frequency.

• Economic and Environmental Geology
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• v.46 no.2
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• pp.179-198
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• 2013

The Boziguoer A-type granitoids in Baicheng County, Xinjiang, belong to the northern margin of the Tarim platform as well as the neighboring EW-oriented alkaline intrusive rocks. The rocks comprise an aegirine or arfvedsonite quartz alkali feldspar syenite, an aegirine or arfvedsonite alkali feldspar granite, and a biotite alkali feldspar syenite. The major rock-forming minerals are albite, K-feldspar, quartz, arfvedsonite, aegirine, and siderophyllite. The accessory minerals are mainly zircon, pyrochlore, thorite, fluorite, monazite, bastnaesite, xenotime, and astrophyllite. The chemical composition of the alkaline granitoids show that $SiO_2$ varies from 64.55% to 72.29% with a mean value of 67.32%, $Na_2O+K_2O$ is high (9.85~11.87%) with a mean of 11.14%, $K_2O$ is 2.39%~5.47% (mean = 4.73%), the $K_2O/Na_2O$ ratios are 0.31~0.96, $Al_2O_3$ ranges from 12.58% to 15.44%, and total $FeO^T$ is between 2.35% and 5.65%. CaO, MgO, MnO, and $TiO_2$ are low. The REE content is high and the total ${\sum}REE$ is $(263{\sim}1219){\times}10^{-6}$ (mean = $776{\times}10^{-6}$), showing LREE enrichment HREE depletion with strong negative Eu anomalies. In addition, the chondrite-normalized REE patterns of the alkaline granitoids belong to the "seagull" pattern of the right-type. The Zr content is $(113{\sim}1246){\times}10^{-6}$ (mean = $594{\times}10^{-6}$), Zr+Nb+Ce+Y is between $(478{\sim}2203){\times}10^{-6}$ with a mean of $1362{\times}10^{-6}$. Furthermore, the alkaline granitoids have high HFSE (Ga, Nb, Ta, Zr, and Hf) content and low LILE (Ba, K, and Sr) content. The Nb/Ta ratio varies from 7.23 to 32.59 (mean = 16.59) and the Zr/Hf ratio is 16.69~58.04 (mean = 36.80). The zircons are depleted in LREE and enriched in HREE. The chondrite-normalized REE patterns of the zircons are of the "seagull" pattern of the left-inclined type with strong negative Eu anomaly and without a Ce anomaly. The Boziguoer A-type granitoids share similar features with A1-type granites. The average temperature of the granitic magma was estimated at $832{\sim}839^{\circ}C$. The Boziguoer A-type granitoids show crust-mantle mixing and may have formed in an anorogenic intraplate tectonic setting under high-temperature, anhydrous, and low oxygen fugacity conditions.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.35 no.1
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• pp.173-185
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• 2015

This study aims to investigate the characteristics and types of car accidents and establish a prediction model by analyzing 456 car accidents having occurred in the 11 tunnels in Busan, through statistical analysis techniques. The results of this study can be summarized as below. As a result of analyzing the characteristics of car accidents, it was found that 64.9% of all the car accidents took place in the tunnels between 08:00 and 18:00, which was higher than 45.8 to 46.1% of the car accidents in common roads. As a result of analyzing the types of car accidents, the car-to-car accident type was the majority, and the sole-car accident type in the tunnels was relatively high, compared to that in common roads. Besides, people at the age between 21 and 40 were most involved in car accidents, and in the vehicle type of the first party to car accidents, trucks showed a high proportion, and in the cloud cover, rainy days or cloudy days showed a high proportion unlike clear days. As a result of analyzing the principal components of car accident influence factors, it was found that the first principal components were road, tunnel structure and traffic flow-related factors, the second principal components lighting facility and road structure-related factors, the third principal factors stand-by and lighting facility-related factors, the fourth principal components human and time series-related factors, the fifth principal components human-related factors, the sixth principal components vehicle and traffic flow-related factors, and the seventh principal components meteorological factors. As a result of classifying car accident spots, there were 5 optimized groups classified, and as a result of analyzing each group based on Quantification Theory Type I, it was found that the first group showed low explanation power for the prediction model, while the fourth group showed a middle explanation power and the second, third and fifth groups showed high explanation power for the prediction model. Out of all the items(principal components) over 0.2(a weak correlation) in the partial correlation coefficient absolute value of the prediction model, this study analyzed variables including road environment variables. As a result, main examination items were summarized as proper traffic flow processing, cross-section composition(the width of a road), tunnel structure(the length of a tunnel), the lineal of a road, ventilation facilities and lighting facilities.

• Journal of Distribution Science
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• v.12 no.4
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• pp.41-46
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• 2014

Purpose - This study focused on providing strategic findings that make significant sense for companies that are looking for a future outsourcing strategy. The study analyzes the results of outsourcing in the information logistics systems field and verifies the results through experimental study of the performance delivered by logistics outsourcing types. Research design, data, and methodology - The study sample was assembled based on a random sampling method used to extract the initial 451 companies from a list of Korean distributors, wholesalers, and retailers. Following that sample process, 423 companies were confirmed by verifying their e-mail address and contacts (telephone and fax numbers), and were selected as initial research subjects. We reduced that number to 331 companies for the survey sample through telephone interviews in advance with the 423 companies that were targeted, in order to verify whether they are in the field of outsourcing of information logistics systems. The period of the survey extended from November 10, 2013 to January 10, 2014. The number of collected surveys totaled 181. We reviewed the contents of the survey responses, and reduced the number of research subjects to 175. In this study, we used a standard analysis to investigate whether there is a difference in distribution results based on different types of outsourcing information in the logistics system field and, through T-verification, we investigated whether the difference between distribution results in each group resulting from that standard analysis is statistically significant. Results - These results show that there is a difference in distribution outcome, based upon type of distribution outsourcing. In addition, we determined that they are meaningful results by confirming that, for usability and to improve the capabilities of a third-party logistics service supplier, both the choice of reasonable outsourcing types and the enhancement of various types of alliances are very important success factors. Taken together these study results, with a goal of enhancing the distribution capabilities of a Korean distributor, can be implemented to enhance management results achievable by supplying an information logistics system in the form of strategic outsourcing rather than in the form of simple outsourcing. In addition, the outcomes of logistics distributors in Korea that are using outsourcing in the logistics information systems field show high performance results in commercial endeavors in the following order: competitive, pre-competitive, non-competitive, and pro-competitive. Conclusions - This study focused on providing strategic findings. However, in the case of outsourcing in the field of information logistics systems of Korean distributors, there has been a focus on simple outsourcing rather than on strategic outsourcing; furthermore, there has been a concentration on non-competitive forms instead of pro-competitive forms, which could achieve better distribution results. This discussion is presented in more detail in the analysis results of this study.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.11 no.1
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• pp.121-130
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• 2016

There is a growing interest in the technology transfer and commercialization both at home and abroad. Accordingly, this study looked at the concept of technology transfer and commercialization, identified the factors that should be taken into account in order to facilitate technology transfer and commercialization, and then performed a empirical analysis. As for the conventional technology transfer and commercialization, there was a tendency to limit its scope to the exploration, transfer and commercialization of technology itself. Here in this research, technology transfer and commercialization is defined the category to expand as various activities implemented in order to make sure that intellectual properties such as intangible technological developments, know-how, and knowledge are transferred between the relevant parties through a contract or negotiation, and the party to which the transfer is made can then further develop and exploit the technology into tangible products and other activities to obtain economic benefit out of that. In addition, the findings of the positive analysis of technology transfer and commercialization revealed that the focus of facilitating technology transfer has been on the technology itself, its management and securing efficiency of the systems and institutions involved in the technology transfer and commercialization. So there was lack of recognition as to the importance of financial support given to the phase of technology commercialization. This indicates that when it comes to the technology transfer and commercialization, quantitative performance has been the focus of interest such as patent application, registration, number of technology transfers, royalty, etc. So there was not enough understanding as to the issues of starting up a business, creating quality jobs through technology transfer and commercialization, which are directly related to the realization of the creative economy. In this regard, this research is expected to be used for the development for the future policies to boost technology transfer and commercialization as it suggests not only simply ensuring quantitative performance but also necessary to create the environment for the creation of the stable ecosystem for the parties involved in the technology transfer and commercialization and then to build circumstances in which creative economy can be realized.

• Parasites, Hosts and Diseases
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• v.55 no.2
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• pp.167-174
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• 2017

China still has more than 30,000 patients of advanced schistosomiasis while new cases being reported consistently. D-dimer is a fibrin degradation product. As ascites being the dominating symptom in advanced schistosomiasis, the present study aimed to explore a prediction model of ascites with D-dimer and other clinical easy-achievable indicators. A case-control study nested in a prospective cohort was conducted in schistosomiasis-endemic area of southern China. A total of 291 patients of advanced schistosomiasis were first investigated in 2013 and further followed in 2014. Information on clinical history, physical examination, and abdominal ultrasonography, including the symptom of ascites was repeatedly collected. Result showed 44 patients having ascites. Most of the patients' ascites were confined in the kidney area with median area of $20mm^2$. The level of plasma D-dimer and pertinent liver function indicators were measured at the initial investigation in 2013. Compared with those without ascites, cases with ascites had significantly higher levels of D-dimer ($0.71{\pm}2.44{\mu}g/L$ vs $0.48{\pm}2.12{\mu}g/L$, P=0.005), as well ALB (44.5 vs 46.2, g/L) and Type IV collagen (50.04 vs $44.50{\mu}g/L$). Receiver operating characteristic curve analyses indicated a moderate predictive value of D-dimer by its own area under curve (AUC) of 0.64 (95% CI: 0.54-0.73) and the cutoff value as $0.81{\mu}g/L$. Dichotomized by the cutoff level, D-dimer along with other categorical variables generated a prediction model with AUC of 0.76 (95% CI: 0.68-0.89). Risks of patients with specific characteristics in the prediction model were summarized. Our study suggests that the plasma D-dimer level is a reliable predictor for incident ascites in advanced schistosomiasis japonica patients.

• Korean journal of communication and information
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• v.77
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• pp.36-72
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• 2016

Comprehensive Cable TV Channels(CCCs) has been established as a political product around 5 years ago, and it's influence and position on the broadcasting field are keep increasing. CCC's stabilization is based on flooding the market with journalism. The repeating news and current affairs programs are appearing constantly in the afternoon which is CCC's primetime. The current affairs talk shows are a product of CCC's representative program type and it leads unique CCC style journalism. The guests of the current affairs talk show leading the program with critiques(comments) and discussions about political issues. The purpose of this study is to explore how these guests of the current affairs talk shows conceptually positioned as political mediating elites and same time to explore the television political landscape through the representative current affairs talk shows from TV chosun, Channel A, MBN, JTBC which are present by these political elites. This study wants to find out about that television political effects from CCCs which exemplified into certain directions by these political mediating elites saying their political biases and expresses their feelings drastically that causes high ratings and brings people's attention. The guests who called political mediating elites in this study are mostly considered to be extreme rightist, conservatives, conservative-centrist and they have close relationship with certain political party or political group. The political mediating elites gain the popularities and have great influence on the public from performing the television politics through CCCs' current affairs talk shows and use that to make political exchange connections with political groups. Therefore this study wants to point out that CCCs' current affairs talk shows are situated in political rally, exchange connection, so current affairs talk shows are existing only for political battle field.

• Korea journal of population studies
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• v.29 no.1
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• pp.97-131
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• 2006

This study analyses the relationship between mothers and adolescent children in current Korean society from an exchange perspective. Utilizing the 6 types of resources, I. e., service, goods, money, information, status, and affection, suggested by Foa et. al. and the distinction between positive exchange (rewards) and negative exchange (punishments), it explores what resources are exchanged, how the resources exchanged are valued by each party, whether the exchange is symmetrical or asymmetrical, and if gender and age of the child affects the exchange. A survey was conducted to 150 children--from middle school aged to college going, and their cohabiting mothers in the metropolitan Seoul. The overall findings are as follows: Positive exchanges are dominant over negative exchanges. The exchange of positive exchanges occur asymmetrically within each resource type, with the exception of affection which is exchanged in a more equal term. In general, children receive positive resources more often, but mothers value the resources given by their children more highly. Negative resources are exchanged in more symmetrical terms. Negative resources exchanged more frequently tend to have weaker negative valence. Daughters maintain a more intensive exchange relation with their mothers than sons do, and this pattern is especially prominent in the exchanges of information and affection. The age of the child has a weak effect on the exchange.