• Title/Summary/Keyword: Permission sheet

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The Precaution Duty and the Product Liability for Adverse Reactions to the Contrast Media (조영제 부작용에 대한 주의의무와 제조물책임)

  • Kang, Yeong-Han
    • Journal of radiological science and technology
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    • v.30 no.4
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    • pp.305-311
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    • 2007
  • Contrast medium is a useful drug for radiological examinations and usability of it gradually increases while it has some inevitable adverse reaction and it is difficult to predict the occurrence and the degree of adverse reactions. Although the patient consented permission for the use of contrast media, the hospital could not be exempted from the responsibility for the adverse contrast media reaction. During radiological contrast media examination, the radiologist and the contrast media producer have the duty of precaution, prediction and avoid adverse results. In addition, they have reliabi lity of patient remedy for neglecting the duty. Since contrast medium are manufactured or processed as movable properties, the manufacturers are bound to the product liability if damages occur due to the defects in pharmaceuticals. In consideration of the characteristics of product liability, it is necessary to demand high degree of duty of care and diligence from producer or to reduce patient's burden of proof in a product liability lawsuit. For securing compensation ability and liability implementation, products compensation liability insurance is required for contrast medium manufacturers. In conclusion, contrast medium producer has legal liability for adverse reactions and the contract concluded with producer and hospital including legal liability will reduce liability of hospital and radiologist, patient.

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A Study on the Improvement of the Development Charges System (개발부담금 제도 개선방안에 관한 연구)

  • Choi, YeunHee;Yu, SeonBong
    • Korean Journal of Construction Engineering and Management
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    • v.20 no.5
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    • pp.61-71
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    • 2019
  • In this study, the constitutional basis of public concept of land and concept of development gains are confirmed, and justification of the development charges system through the precedent of the Constitutional Court is investigated, and suggestions for improvement of fairness and reliability of development charges calculation are proposed. First, it is necessary to develop a system for estimating the development charges for securing transparency of the development charges system, preventing speculative development projects, and streamlining administrative efficiency. Second, it is necessary to prevent bad calculation by institutionalizing the responsibilities of experts to construct specification of the development cost calculation sheet submitted by taxpayers. Third, in order to precisely calculate the development cost, basic data should be specified in conditions for approval from the time of granting permission, or it should be minutely described in development charge treatment regulations.