• Title/Summary/Keyword: Presumption

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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.

Latest Supreme Court Decision on Proof of Causation in Medical Malpractice Cases - Focusing on Supreme Court decision 2022da219427 on August 31, 2023 and the Supreme Court decision 2021Do1833 on August 31, 2023 - (의료과오 사건에서 인과관계 증명에 관한 최신 대법원 판결 - 대법원 2023. 8. 31. 선고 2022다219427 판결 및 대법원 2023. 8. 31. 선고 2021도1833 판결을 중심으로 -)

  • HYEONHO MOON
    • The Korean Society of Law and Medicine
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    • v.24 no.4
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    • pp.3-36
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    • 2023
  • The main issue in medical malpractice civil litigation is medical negligence and the causal relationship between medical negligence and damages. Regarding the presumption of causality in cases where medical negligence is proven, there is a previous Supreme Court decision 93da52402 on February 10, 1995, but it is difficult to find a case that satisfies the textual requirements of the above decision, and yet, in practice, the above decision is cited. In many cases, causal relationships were assumed, and criticism was consistently raised that it was inconsistent with the text of the above judgment. In its ruling, the Supreme Court reorganized and presented a new legal principle regarding the presumption of causality when medical negligence is proven in a civil lawsuit. According to this, If the patient proves ① the existence of an act that is assessed as a medical negligence, that is, a violation of the duty of care required of an ordinary medical professional at the level of medical care practiced in the field of clinical medicine at the time of medical practice, and ② that the negligence is likely to cause damages to the patient, the burden of proving the causal relationship is alleviated by presuming a causal relationship between medical negligence and damage. Here, the probability of occurrence of damage does not need to be proven beyond doubt from a natural scientific or medical perspective, but if recognizing the causal relationship between the negligence and the damage does not comply with medical principles or if there is a vague possibility that the negligence will cause damage, causality cannot be considered proven. Meanwhile, even if a causal relationship between medical negligence and damage is presumed, the party that performed the medical treatment can overturn the presumption by proving that the patient's damage was not caused by medical negligence. Meanwhile, unlike civil cases, the standard is 'proof beyond reasonable doubt' in criminal cases, and the legal principle of presuming causality does not apply. Accordingly, in a criminal case of professional negligence manslaughter that was decided on the same day regarding the same medical accident, the case was overturned and remanded for not guilty due to lack of proof of a causal relationship between medical negligence and death. The above criminal ruling is a ruling that states that even if 'professional negligence' is recognized in a criminal case related to medical malpractice, the person should not be judged guilty if there is a lack of clear proof of 'causal relationship'.

A Study on the proposal of Strength Presumption Equation of Concrete Using Admixture by Nondestructive Testing (비파괴 시험에 의한 혼화재를 사용한 콘크리트의 강도 추정식 제안에 관한 연구)

  • Kim Jeong-Sup;Shin Yong-Seok;Kim Koung-Ok
    • Journal of the Korea Institute of Building Construction
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    • v.6 no.3 s.21
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    • pp.59-66
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    • 2006
  • This study aims to estimate strength approximate to actual concrete strength by presenting appropriate non-destructive strength estimation expression with admixtures such as fly ash, blast furnace slag and silica fume which are used as cement substitute and owing to theirs of cement owing to their equal conditions to blending characteristics of concrete used for domestic structures and their recyclable properties. As a result of comparing error rate of existing expressions and this estimation expression, error rate of this estimation is reduced compared to existing expressions and has higher reliability. When conventional concrete expression is applied to admixture concrete, error rate occurs and then this study suggests the following estimation expressions depending on types of admixture concrete.

Presumption of Slipper-pad Fault Condition for Hydraulic Rotary Actuator (마멸입자 해석을 통한 유압로터용 Slipper - Pad의 손상상태 추정)

  • 전성재;조연상;서영백;박흥식
    • Proceedings of the Korean Society of Tribologists and Lubrication Engineers Conference
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    • 2000.06a
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    • pp.62-67
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    • 2000
  • This paper was undertaken to do morphological analysis of wear debris for slipper-Pad of hydraulic rotary acuator. The lubricating wear test was performed under different experimental conditions using the wear test device and wear specimens of the pin on disk type was rubbed in paraffinic base oil by three kinds of lubricating materials, varying applied load, sliding distance. The four shape parameters(50% volumetric diameter, aspect, roundness and reflectivity) are used for morphological analysis of wear debris. The results showed that the four shape parameters of wear debris depend on a kind of the lubricating condition. It was capable of presuming wear volume for slipper-pad of hydraulic rotary acuator on driving time.

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An Experimental Study on the Chloride Diffusion Properties in Concrete according to the Water-Cement Ratio and Coating Materials (물시멘트비 및 도장재 종류에 따른 콘크리트의 염소이온 확산특성에 관한 실험적 연구)

  • 이태희;김용로;김재환;강석표;권영진;김무한
    • Proceedings of the Korea Concrete Institute Conference
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    • 2002.10a
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    • pp.679-684
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    • 2002
  • In this study we performed test to compare and analyze the chloride diffusion properties in concrete according to organic coating materials used at concrete structures widely and inorganic coating materials as eco-materials in recently. The results of study were shown as follow ; 1) Chloride diffusion coefficient was low as low as and that of organic and inorganic painted was lower than non-painting 2) In case of inorganic coating material applied in this study, it should be possible to evaluate the chloride diffusion properties by CTH method. Because presumption value by CTH method is similar with real estimate value by digestion experiment.

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A Study on the Presumption of Geometrically Nonlinear Buckling Load of the Single Layer Layer Latticed Dome (단층 래티스 돔의 기하학적 비선형 좌굴하중 추정에 관한 연구)

  • Lee Jung-Hyun;Choi Il-Sub;Lee Sang-Ju;Han Sang-Eul
    • Proceedings of the Computational Structural Engineering Institute Conference
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    • 2005.04a
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    • pp.12-19
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    • 2005
  • The single layer latticed dome is very sensitive on the slenderness ratio and half open angle of the elements, load condition and the connection type because it is organized by a lot of thin elements, so we have to use the geometrically nonlinear buckling load when the buckling behavior of the structures is analyzed But, it is very difficult to design the single layer latticed domes considered all conditions. Therefore the purpose of this paper is to propose the appropriate design method of the single layer latticed dome considered the geometrically nonlinear buckling load in base on the linear buckling load by the eigen-value analysis.

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A study on the constructive principle and Techniques of Vionnet's works (Vionnet 작품의 구성원리와 기법에 대한 연구)

  • Chun, Hei-Jung
    • Journal of the Korean Society of Costume
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    • v.17
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    • pp.209-219
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    • 1991
  • The purpose of this study was to identify the constructive principle and techniques of Vionnet's works. According to analysis of Vionnets works, it was found that Vionnet conceived of the human body as a continuous shaping of a cylinder. Vionnet's drapery denied the planner presumption of woman and gave real three-dimension to form and to fashion. The techniques of Vionnet's works were as fallow : (1) She introduced the diogonal "bias cut" and changed dress design by her sensuous use of fabrics. (2) She eliminated interfacing to keep the silhouette and the fabric soft. (3) She manipulated the fabric to remove the excess for fit and decoration at the same time. (4) She treated the fabric with a synthesis of geometry and grace. (5) The sale luxury allowed was to note the choice of seams, facings, hems, and stitches. (6) Vionnet's dresses were not lined.

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Performance analysis of STTC using time-space ciphering method appropriate for MIMO channel (MIMO 채널에 적합한 시공간 부호 기법으로 STTC의 성능 분석)

  • 권순녀;김동옥;이윤현
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • 2003.05a
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    • pp.629-632
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    • 2003
  • This paper presents a way to maximize transmission efficiency and reception ability through transmission diversity technology, which can be adapted to wireless multimedia OFDM system. The presented method is a comparative analysis between a case where parameter $\alpha$for time average is 0.3, 1 with consideration of channel presumption with two types of rms delayed proliferation, which is 50nsec, 150nsec, for the performance analysis of STTC(Space-Time Trellis Code) using time-space ciphering method appropriate for MIMO channel, and performance in the case where presumed channel value from long training column section is applied to according frame in a single frame. The result showed that BER brought SNR improvement of 1.0dB in 10-3 when $\alpha$ was 0.3 than using only the long training column, and showed increase of general performance improvement for the sake of time average rather than the case without.

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The presumption that breakdown characteristics of $SF_6$ used to the Neural Network (인공신경망을 이용한 $SF_6$ 절연파괴 전압 추정)

  • Choi, Eun-Hyuck;Kim, Tae-Eun;Lim, Chang-Ho;Park, Yong-Kwon;Choi, Sang-Tae;Lee, Kwang-Sik
    • Proceedings of the Korean Institute of IIIuminating and Electrical Installation Engineers Conference
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    • 2007.05a
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    • pp.421-423
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    • 2007
  • The paper used to the Neral Netwok for a forecasting conservation system A neural network is a powerful data modeling tool that is able to capture and represent complex input/output relationships. The motivation for the development of neural network technology stemmed from the desire to develop an artificial system that could perform "intelligent" tasks similar to those performed by the human brain. The true power and advantage of neural network lies in their ability to represent both linear and non-linear relationships and in their ability to learn these relationships directly from the data being modeled. Form results of this study, the Neral Netwok is will play an important role for insulation diagnosis system of real site GIS and power equipment using $SF_6$ gas.

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The Calculation of Cell Radius for CDMA PCS System on the presumption of Log-normal Distribution with The Hata Path Loss Model (Hata Path Loss Model에서 Log-normal Distribution을 가정한 CDMA PCS 시스템의 Cell반경 산출)

  • 이명국;이호경
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.24 no.9A
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    • pp.1306-1313
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    • 1999
  • In this paper, we propose the signal strength path loss model (modified Hata path loss Model) and the signal strength distribution model (log-normal distribution) for the cell design of the land mobile communication system. We applied the measured experimental data at Soosungdon and Sanjuckdong in Daeku, to this model and calculate the fraction of total area above threshold.

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