• 제목/요약/키워드: Proof evaluation

검색결과 168건 처리시간 0.026초

의료과오소송 입증책임론의 전개와 발전 (The Development on Medical Malpractice Lawsuit and its Burden of Proof)

  • 신은주
    • 의료법학
    • /
    • 제9권1호
    • /
    • pp.9-56
    • /
    • 2008
  • The medical practice does not always get a satisfatory result since the disease progress of patients are depended on patients' physical constitution and the doctors cannot control the outcomes about patients' physiological and biological reaction after the treatment. Moreover, the medical practice may bring wrong result fatalistically because of the unpredictablility of life. To demand for compensation of the damage to the doctors about these wrong result, the patient side holds the burden of proof that is between medical practice and demage, and there is damage from doctor's malpractice according to the accepted theory about the fundamental principle of distribution of the burden of proof. This falls not only under the liability of Tort Law, but also liability of Contract Law. However, the patient may be in difficult situation to prove the malpractice of doctors since he or she cannot recognize the facts because he or she was in unconscious while the medical practice was conducted, or they cannot judge precisely even though they recognize the facts. Nevertheless, the lawsuits against medical malpractice are the field that never achieves the equality of arms since the most of the evidence belong to the doctor's side. Hence, to maintain the principle of the equality of arms under the constitution, the theory leads to alleviate the burden of proof that patients hold. However, the doctors cannot be asked for the burden of proof that they conduct medical practice without errors. Because the doctors may experience difficulty to prove their innocence as the patients because of the unique characteristic that medical practices have. Therefore, the methods of the alleviation of the patient's burden of proof should have the equality of arms and the equal opportunity between the patients and the doctors with the evaluation of the justifiable interest from both the patients and the doctors. As the methods of the alleviation of the burden of proof, the alleviation of the demands and the degree of the burden of proof or resolutely the conversion of the burden may be considered. However, Recognizing the exception from general principle with converting the burden of proof is not proper in principle because the doctors may experience difficulty of the proof as the patients may have. If the difficulty of proof can be resolved by alleviating of the demands and the degree of the burden of proof, it is more desirable resolution rather than converting the burden of proof.

  • PDF

습윤 환경 구조물에 적용하는 누수균열 보수용 방수씰의 성능평가 방법에 관한 연구 (A Study on the Performance Evaluation Method of Waterproofing-Seal as Leakage Crack Repairing Material using in Wet Environment Structure)

  • 강효진;우영제;강호경;오상근
    • 한국건축시공학회:학술대회논문집
    • /
    • 한국건축시공학회 2002년도 학술.기술논문발표회
    • /
    • pp.43-48
    • /
    • 2002
  • Since the basement building like the communication hole and etc. is built under the ground where it is pressed by the water, the leakage happens due to the dried-shrinking crack, the sinking crack, the creation of the work-joint of the building and etc. caused by the character of the material and construction way of the reinforced concrete building. Especially, a lot of repair for the leakage cannot help but being taken in temporary way without any noticeable countermeasure. Therefore, this kind of repair is socially criticized many times that this is defective construction even if this costs a lot. The fundamental reason of the above mentioned symptoms can be found in the creation of the work-joint caused by the character of the concrete building, the limitation of the physical performance of the existing water-proof and repair material, the limitation of the construction, the limitation of the physical sustaining performance of the concrete building, the limitation(heat-injury, deterioration) of the constancy of the durability caused by aging and etc. Therefore, in this study, we would like to present the better understanding on the water-proof seal relating to the application at the spot and its test evaluation related data since the necessity of the establishment of the quality control standard and the performance testing way on the relevant water-proof seal is rising a lot to regulate the water-proof technology and the leakage repair technology in accordance with the growth of the demand on the facility.

  • PDF

기능성 작업복의 인간공학적 평가 - 방염복을 중심으로 - (Ergonomic Evaluation of Functional Working-Clothes - Focused on Flame-Proof Clothing -)

  • 김희은;연수민;정정림;이민정;장준호;유희천
    • 한국의류산업학회지
    • /
    • 제8권5호
    • /
    • pp.597-603
    • /
    • 2006
  • This study was aimed to find out the problems of wearing flame-proof clothing and to analytically assess functional working-clothes, thus to propose a new design. We carried out a questionnaire with workers in the field and evaluated the facility for wearing, the sensation of wearing and clothing microclimate in the environmental chamber. We found out the problems were in the parts of neck, armpits, armhole, sleeve, crotch and suspenders. Thermal sensation, wet sensation and comfort sensations were evaluated to be 'hot', 'wet' and near to discomfort', respectively. Therefore, improvement of movement and air permeability is needed. If we can add gusset on armpit for air permeability, this gusset will enable to enlarge the surface in armpit area and finally give a movement efficiency. We suggested several new partly modified design for flame-proof clothing which can be applied to other protective clothing for improvement. This must be further considered in the ergonomic evaluation of new proposed functional working-clothes as well as in the suggestion of design.

방폭구조 ESD Detector 개발 및 본질안전 특성 분석에 관한 연구 (A Study on the Development of Explosion Proof ESD Detector and Intrinsic Safety Characteristics Analysis)

  • 변정환;최상원
    • 한국안전학회지
    • /
    • 제35권1호
    • /
    • pp.1-11
    • /
    • 2020
  • Article 325 (Prevention of Fire Explosion due to Electrostatic) of the Rule for Occupational Safety and Health Standard specifies that in order to prevent the risk of disasters caused by static electricity, fire, explosion and static electricity in the production process, However, in order to do this, it is absolutely necessary to use a pre-detection technology and a detector for antistatic discharge prediction, which is a precautionary measure by static electricity in a fire / explosion hazard place, but in Korea, And there is no technical standard for the application of the technology of the explosion proof structure of the related equipment. Research methods include domestic and overseas electrostatic discharge detection technology and literature investigation of related equipment explosion proofing technology, domestic and foreign electrostatic discharge detection device production and use situation investigation, advanced foreign technology data analysis and benchmarking. In particular, we sought to verify the results of empirical experiments using electrostatic discharge detection technology through sample purchase and analysis of related major products, development of optimization technology through prototype production, evaluation, and supplementation, and expert knowledge through expert consultation. The results of this study were developed and fabricated two prototypes of electrostatic discharge detector based on the technology / standard related to electrostatic discharge detection technology in Korea and abroad through development of electrostatic discharge detection technology and development and production of detector. In addition, based on the development of electrostatic discharge detection technology, we developed an intrinsic safety explosion proof ib class explosion proof technology applicable to the process of using and handling flammable gas and flammable liquid vapor and combustible dust. In the case of the over voltage and minimum voltage are supplied to the explosion-proof structure ESD detector, check the state of the circuit and the transient and transient currents generated by the coil and capacitor elements during the input and standby of the signal pulse voltage. Explosion-proof equipment-Part 11: Intrinsically safe explosion proof structure The comparative evaluation with the reference curve in Annex A of "i" confirms that the characteristics of the intrinsically safe explosion protection structure are met.

교정 인쇄물과 국내 오프셋 인쇄물의 비교 평가에 관한 연구 (A Study on Comparison Evaluation between Proof Test Prints and Domestic Offset Prints)

  • 오승재;조가람;구철회
    • 한국인쇄학회지
    • /
    • 제29권2호
    • /
    • pp.15-32
    • /
    • 2011
  • In printing, managing color means that how closely its color reproducts and printing supplier meets customers' requirements. When applying device profiles, it depends on properties of the devices. But color management of domestic digital prints is accomplished more scientifically and objectively than any other printing. According to this paper addresses a method of evaluating between proof prints and offset prints which are produced by identical date on the field. We evaluate two cases normal proof prints and domestic offset prints based on standardized color data analysis and subjective data analysis. We gathered objective data by measuring solid density, $CIEL^*a^*b^*$ and ${\Delta}E^{*_}{ab}$. Furthermore, we evaluated the offset prints and proof prints through human eyes to decide the ranking.

증명이 어떻게 내러티브가 될 수 있는가? -함수의 평행이동에 대한 사례연구- (How Could a Proof Be Constructed into a Narrative? Focused on Function Translations)

  • 이지현;이기돈;이규희;김건욱;최영기
    • 대한수학교육학회지:학교수학
    • /
    • 제14권3호
    • /
    • pp.297-313
    • /
    • 2012
  • 학생들에게 증명을 보다 이해하기 쉽게 전개하는 대안으로, 내러티브의 잠재력과 그 효과를 함수의 평행 이동이라는 사례에서 논의한다. 내러티브의 구성 요소를 고려하여, 평행 이동한 함수의 식을 유도하는 증명을 내러티브로 구성하였다. 두 집단의 학생들에게 내러티브와 형식적 증명을 각각 제시하고, 내러티브가 증명을 제시하는 것보다 함수의 평행 이동에 대한 도구적 및 관계적 이해라는 측면에서 유의미한 효과가 있는지를 살펴보았다. 실험집단과 비교집단에서 사후 도구적 및 관계적 이해 검사 결과의 차이가 통계적으로 유의하지는 않았으므로, 내러티브로 제시하는 것이 증명을 제시하는 것보다 함수의 평행 이동에 대한 도구적 및 관계적 이해의 측면에서 더 효과적이라는 결론을 내릴 수는 없었다. 그러나 학생들의 관계적 이해 반응과 수업 평가에 대한 질적 분석에서는 비교집단과 실험 집단사이에서 몇 가지 다른 양상을 발견할 수 있었으며, 형식적 증명을 보완할 수 있는 내러티브의 가능성을 찾아볼 수 있었다.

  • PDF

종이내 수분확산(제1보)-종이의 방습성 평가를 위한 수증기의 정류상 확산 실험- (Molecular Diffusion of Water in Paper( I )-Steady-State Diffusion Experiment for the Evaluation of Water Vapor-proof Properties of Paper-)

  • 윤성훈;전양;오세균;서영범
    • 펄프종이기술
    • /
    • 제30권1호
    • /
    • pp.59-70
    • /
    • 1998
  • A steady-state molecular diffusion experiment was conducted to evaluate the water vapor proof properties of paper Handsheets prepared from unbleached Itraft pulps(UKP) and old newspapers(ONP) and four different types of polymer-laminated white duplex board were tested under appropriate standard conditions. The diffusivity was determined on the basis of the Fickean first law. Results obtained from this study can be summarized as follows ; 1. The diffusivity data for handsheets showed about $10^{-5}cm^2/min$. whereas polymer-laminated paperboards had remarkably improved water-vapor resistance with about $10^3 to 10^4$ times lower diffusivity : 2. Sheet basis weight, wet-swelling and sizing degree had little influence on the diffusivity of paper; 3 Linear relationship existed between sheet density and diffusivity, and, 4. Highly sfgnificant linear relationship could be observed between diffusivity and Darcy s gas permeability. Results indicate that diffusivity, an intrinsic property of paper, can provide a valuable information for precise evaluation and improved quality control of water-vapor proof properties of paper.

  • PDF

프랙티컬 비잔틴 장애 허용 기반의 합의 알고리즘의 평가 프레임워크 (Evaluation Framework for Practical Byzantine Fault Tolerant based Consensus Algorithms)

  • 이은영;김남령;한채림;이일구
    • 한국정보통신학회:학술대회논문집
    • /
    • 한국정보통신학회 2021년도 추계학술대회
    • /
    • pp.249-251
    • /
    • 2021
  • PBFT(Practical Byzantine Fault Tolerant)는 PoW(Proof of Work) 대비 높은 처리 속도를 보장하며 컴퓨팅 파워의 우위로 인한 기록이 번복되지 않는 절대적 최종성을 보장하는 합의 알고리즘이다. 하지만 메시지 복잡도로 인해 참여하는 노드의 수가 증가할수록 네트워크 부하가 지수적으로 증가한다는 한계가 있다. PBFT는 블록체인 네트워크의 성능을 결정짓는 중요한 요소이지만 평가지표와 평가 기술에 관한 연구는 부족한 실정이다. 본 논문에서는 PBFT를 평가할 수 있는 정량적 지표와 개선된 방안을 쉽게 평가할 수 있도록 합의 알고리즘 변경이 편리한 PBFT 평가 프레임워크를 제안한다.

  • PDF