• Title/Summary/Keyword: Responsibility Decision Criteria

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A Comparative Study on the Legal Responsibilities Classified by Time Slots and Educational Participants Using School Safety Accident Cases of Korea and China (한국과 중국의 학교안전사고 판례에 기초한 시간대별 및 교육주체별 책임에 대한 비교연구)

  • Piao, Li-Na;Lee, Il-Yong
    • Korean Journal of Comparative Education
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    • v.28 no.1
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    • pp.25-49
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    • 2018
  • The rate of school safety accident is increasing gradually. Recently bullying at school also became harsh, the number of related cases is increasing. The purpose of this study is to compare laws between Korea and China, to analyze law cases related with school safety accidents, and to suggest alternatives for the People's Republic of China. Total 80 cases were used. The research results are as follows. First, responsibility decision criteria of both countries are different because of related laws and regulations. Second, responsibility ranges of educational participants are different because of responsibility reversion principle and school safety accident policy. Third, through the results of comparison, prevention of school safety accident, preparation of legal ground, and supplement of present laws were suggested for the future of China.

EXPLANATION BY PHYSICIANS AND CONSENT OF PATIENTS (의사(醫師)의 설명(說明)과 환자(患者)의 동의(同意))

  • Choe, Haeng-Sik
    • The Korean Society of Law and Medicine
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    • v.5 no.2
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    • pp.294-319
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    • 2004
  • Because the treatment of a physician generally pertains to the intrusion into body of a patient, his/her consent is a must in order for such conduct to be justifiable. To ensure effective consent of a patient, the physician should fully inform him/her of kind and details of the disease and way of treatment and risks associated with it. The patient can, then, make a decision whether he/she should accept any treatment or operation, if necessary, on the basis of such information. The obligation of physicians to explain has since long been recognized as important in view of guaranteeing the rights of patients for self-decision and protecting them from arbitrary assessment of physicians for treatment. Progress has been made in this respect even to the extent that physicians treat patients on equal terms and think first of all much of establishing trustworthy relationships with patients. Lots of studies in Korea and foreign countries have tried to explore the issues concerning the obligation of physicians to explain in the meantime but seem to have failed to make concrete and versatile approaches from the standpoint of protecting the rights of patients. Wouldn't it be really possible for patients to perceive their own rights and cope actively with the medical treatments? If physicians have full understanding to the rights of patients, they will be put in a better situation to protect themselves and patients, in turn, can identify their own responsibility correctly, which will eventually contribute to fulfilling the goal of treatment. With this background, the present paper examines briefly the obligations of physicians for explanation based mainly on the preceding theories and judicial precedents in the first place and then deals with the status quo and contents of the German medical laws, with a focus on the treaty of European Law 1997 and its working document on the applications of genetics for health purposes that stipulate the detailed criteria on the medical treatment and rights of patients and Germany's $\ulcorner$Charter of Rights for Patients$\lrcorner$ promulgated in 2003.

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Supplier Selection using DEA-AHP Method in Steel Distribution Industry (DEA AHP 모형을 통한 철강유통산업에서의 공급업체 선정)

  • Park, Jinkyu;Kim, Pansoo
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.40 no.2
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    • pp.51-59
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    • 2017
  • Due to the rapid change of global business environment, the growth of China's steel industry and the inflow of cheap products, domestic steel industry is faced on downward trend. The change of business paradigms from a quantitative growth to a qualitative product is needed in this steel industry. In this environment, it is very important for domestic steel distribution companies to secure their competitiveness by selecting good supply companies through a efficient procurement strategy and effective method. This study tried to find out the success factors of steel distribution industry based on survey research from experts. Weighted values of each factors were found by using AHP (analytic hierarchy process) analysis. The weighted values were applied to DEA(data envelopment analysis) model and eventually the best steel supply company were selected. This paper used 29 domestic steel distribution firms for case example and 5 steps of decision process to select good vendors were suggested. This study used quality, price, delivery and finance as a selection criteria. Using this four criterions, nine variable were suggested. Which were product diversity, base price, discount, payment position, average delivery date, urgency order responsibility and financial condition. These variables were used as a output variable of DEA. Sales and facilities were used as an input variable. Pairwise comparison was conducted using these variables. The weighted value calculated by AHP pairwise comparison were used for DEA analysis. Through the analysis of DEA efficiency process, good DMU (decision making unit) were recommended as a steel supply company. The domestic case example was used to show the effectiveness of this study.

Supply and demand of nursing manpower for small and medium hospitals in rural area: nursing shortage versus wage disparity (중소병원의 간호인력 수급 논쟁: 인력난 vs 임금난)

  • Park, Kwang-Ok
    • Perspectives in Nursing Science
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    • v.6 no.1
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    • pp.67-76
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    • 2009
  • Recently, small and medium-sized hospitals which are located in rural areas have many difficulties in securing high quality nurses. That is because working environments for nurses in small and medium-sized hospitals in rural areas are poor compared with those of big hospitals in urban. As a result, the migration of nurses from small and medium-sized hospitals in rural areas to big hospitals in urban is continuously happening. In general, big hospitals provide nurses with high level of salary and fringe benefits. To prevent the migration of nurses, chief executive officers of small & medium hospitals in rural areas have been interested in improving nurses' working conditions including wages. Also, they have raised nurses' salary and improved working conditions. But, basically these individualized efforts have some limit. In connection with this, medical interest groups have produced various voices in terms of interpretation and solutions for these issues. However, from the future perspectives, it seems evident that two approaches for both manpower supply and demand plans of nurses are necessary. They should contain not only accurate estimation of the supply-demand of nursing manpower but also the improvement of working conditions and wages of nurses. Estimation of nursing manpower supply-demand depends on the standards and criteria being used. Supply and demand may be met or not in accordance with the points emphasized on the decision. In the articles, issues regarding nursing manpower, levels of salary, other working conditions and social support system for child care are discussed. According to Joe's report (2005), most health institutions did not meet the guidelines of nurse staffing in Medical Law. The wages of nurse vary on every hospital and there is a big difference in wages' range. The average starting salary for a nurse is 22 million won a year. In case of tertiary hospitals, it reaches up to 30 million won a year. Nurse as a profession should have a strong responsibility and should take care of the patients for 24 hours with three working shifts. Also, most of them are female who have the burden of child rearing. Therefore, it is suggested to increase the salary, to provide comfortable working conditions, and to have social support system for nurses with household affairs.

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Review of 2010 Major Medical Decisions (2010년 주요 의료 판결 분석)

  • Lee, Jung-Sun;Seo, Young-Hyun;Yoo, Hyun-Jung
    • The Korean Society of Law and Medicine
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    • v.12 no.1
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    • pp.177-225
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    • 2011
  • Verdicts related to major medical litigation given by the Seoul Central District Court, the Seoul High Court and the Supreme Court in 2010 were analyzed. It's shown that in cases of the medical negligence regarding the occurrence of neonatal cerebral palsy, the plaintiff claims were dismissed using criteria proposed by associations of Obstetrics and Gynecology and Pediatrics in US, and thereof the burden of plaintiffs to prove the medical negligence has increased. In addition, in case of that the expected survival period of infants gets longer, payments for treatment and nursing after survival period determined by judges are made and it was judged to compensate it as a periodical indemnity. In case for the explanation obligation the most frequently mentioned in the medical litigation, in addition to cases of invoking the existing theory of explanation obligation, verdicts to mention the instructions of theory regarding instruction explanation obligation and the possibility of compensation for damages on property are given. Particularly, in cases for a liability of reparation by exaggerating the effects and not disclosing the risks related to treatment with stem cells, even if the treatment not approved by Food and Drug Administration is in violation of the Pharmaceutical Affairs Law, it's not illegal as violation in Pharmaceutical Affairs Law itself. But there is a certain verdict to present the possibility of an extension of the theory of explanation obligation by acknowledging the liability of reparation caused by illegal acts with no explanations of effects and risks of treatment with stem cell by doctors and pharmaceutical companies. In an incident in which a mental patient fell and died through the opened door of the roof at the hospital, a liability of reparation was acknowledged due to defects in structure installation management and this verdict drew an attention since the overall management responsibility about patients including structures was acknowledged to the hospital besides the obligations on medical practice. In case of the verdict without giving the opportunity to state the opinion with respect to the main legal issues, the responsibility of the court was emphasized since the court did not fulfill the explanation obligations. There were some cases in which payments for nursing and caring to a patient in vegetative state during the plastic surgery was admitted. However, in dental-related incidents, the proportion of cases in which plaintiff won was low since the difficulty of proving may be reflected. In the area of administrative litigation, unlike the existing position regarding arbitrary medical charge cover collected from patients in hospital, the verdict to admit the legitimacy of collection of medical treatment was given and attracted the attention of people. Verdict in which the expression related to medical advertisement was not exaggerated disposed the original verdict and pointed out the problem of excessive regulations on medical advertisement. The effort to analyze the trend of verdicts of court through reviewing the decisions and to organize should be continued, but the full decision should be disclosed as a base, and people and systems to enable the all time monitoring should be prepared.

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Predicting Future ESG Performance using Past Corporate Financial Information: Application of Deep Neural Networks (심층신경망을 활용한 데이터 기반 ESG 성과 예측에 관한 연구: 기업 재무 정보를 중심으로)

  • Min-Seung Kim;Seung-Hwan Moon;Sungwon Choi
    • Journal of Intelligence and Information Systems
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    • v.29 no.2
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    • pp.85-100
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    • 2023
  • Corporate ESG performance (environmental, social, and corporate governance) reflecting a company's strategic sustainability has emerged as one of the main factors in today's investment decisions. The traditional ESG performance rating process is largely performed in a qualitative and subjective manner based on the institution-specific criteria, entailing limitations in reliability, predictability, and timeliness when making investment decisions. This study attempted to predict the corporate ESG rating through automated machine learning based on quantitative and disclosed corporate financial information. Using 12 types (21,360 cases) of market-disclosed financial information and 1,780 ESG measures available through the Korea Institute of Corporate Governance and Sustainability during 2019 to 2021, we suggested a deep neural network prediction model. Our model yielded about 86% of accurate classification performance in predicting ESG rating, showing better performance than other comparative models. This study contributed the literature in a way that the model achieved relatively accurate ESG rating predictions through an automated process using quantitative and publicly available corporate financial information. In terms of practical implications, the general investors can benefit from the prediction accuracy and time efficiency of our proposed model with nominal cost. In addition, this study can be expanded by accumulating more Korean and international data and by developing a more robust and complex model in the future.

Examining the Disparity between Court's Assessment of Cognitive Impairment and Online Public Perception through Natural Language Processing (NLP): An Empirical Investigation (Natural Language Processing(NLP)를 활용한 법원의 판결과 온라인상 대중 인식간 괴리에 관한 실증 연구)

  • Seungkook Roh
    • The Journal of Bigdata
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    • v.8 no.1
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    • pp.11-22
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    • 2023
  • This research aimed to examine the public's perception of the "rate of sentence reduction for reasons of mental and physical weakness" and investigate if it aligns with the actual practice. Various sources, such as the Supreme Court's Courtnet search system, the number of mental evaluation requests, and the number of articles and comments related to "mental weakness" on Naver News were utilized for the analysis. The findings indicate that the public has a negative opinion on reducing sentences due to mental and physical weakness, and they are dissatisfied with the vagueness of the standards. However, this study also confirms that the court strictly applies the reduction of responsibility for individuals with mental disabilities specified in Article 10 of the Criminal Act based on the analysis of actual judgments and the number of requests for psychiatric evaluation. In other words, even though the recognition of perpetrators' mental disorders is declining, the public does not seem to recognize this trend. This creates a negative impact on the public's trust in state institutions. Therefore, law enforcement agencies, such as the police and prosecutors, need to enforce the law according to clear standards to gain public trust. The judiciary also needs to make a firm decision on commuting sentences for mentally and physically infirm individuals and inform the public of the outcomes of its application.

Home Economics teachers' concern on creativity and personality education in Home Economics classes: Based on the concerns based adoption model(CBAM) (가정과 교사의 창의.인성 교육에 대한 관심과 실행에 대한 인식 - CBAM 모형에 기초하여-)

  • Lee, In-Sook;Park, Mi-Jeong;Chae, Jung-Hyun
    • Journal of Korean Home Economics Education Association
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    • v.24 no.2
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    • pp.117-134
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    • 2012
  • The purpose of this study was to identify the stage of concern, the level of use, and the innovation configuration of Home Economics teachers regarding creativity and personality education in Home Economics(HE) classes. The survey questionnaires were sent through mails and e-mails to middle-school HE teachers in the whole country selected by systematic sampling and convenience sampling. Questionnaires of the stages of concern and the levels of use developed by Hall(1987) were used in this study. 187 data were used for the final analysis by using SPSS/window(12.0) program. The results of the study were as following: First, for the stage of concerns of HE teachers on creativity and personality education, the information stage of concerns(85.51) was the one with the highest response rate and the next high in the following order: the management stage of concerns(81.88), the awareness stage of concerns(82.15), the refocusing stage of concerns(68.80), the collaboration stage of concerns(61.97), and the consequence stage of concerns(59.76). Second, the levels of use of HE teachers on creativity and personality education was highest with the mechanical levels(level 3; 21.4%) and the next high in the following order: the orientation levels of use(level 1; 20.9%), the refinement levels(level 5; 17.1%), the non-use levels(level 0; 15.0%), the preparation levels(level 2; 10.2%), the integration levels(level 6; 5.9%), the renewal levels(level 7; 4.8%), the routine levels(level 4; 4.8%). Third, for the innovation configuration of HE teachers on creativity and personality education, more than half of the HE teachers(56.1%) mainly focused on personality education in their HE classes; 31.0% of the HE teachers performed both creativity and personality education; a small number of teachers(6.4%) focused on creativity education; the same number of teachers(6.4%) responded that they do not focus on neither of the two. Examining the level and type of performance HE teachers applied, the average score on the performance of creativity and personality education was 3.76 out of 5.00 and the mean of creativity component was 3.59 and of personality component was 3.94, higher than standard. For the creativity education, openness/sensitivity(3.97) education was performed most and the next most in the following order: problem-solving skill(3.79), curiosity/interest(3.73), critical thinking(3.63), problem-finding skill(3.61), originality(3.57), analogy(3.47), fluency/adaptability(3.46), precision(3.46), imagination(3.37), and focus/sympathy(3.37). For the personality education, the following components were performed in order from most to least: power of execution(4.07), cooperation/consideration/just(4.06), self-management skill(4.04), civic consciousness(4.04), career development ability(4.03), environment adaptability(3.95), responsibility/ownership(3.94), decision making(3.89), trust/honesty/promise(3.88), autonomy(3.86), and global competency(3.55). Regarding what makes performing creativity and personality education difficult, most HE teachers(64.71%) chose the lack of instructional materials and 40.11% of participants chose the lack of seminar and workshop opportunity. 38.5% chose the difficulty of developing an evaluation criteria or an evaluation tool while 25.67% responded that they do not know any means of performing creativity and personality education. Regarding the better way to support for creativity and personality education, the HE teachers chose in order from most to least: 'expansion of hands-on activities for students related to education on creativity and personality'(4.34), 'development of HE classroom culture putting emphasis on creativity and personality'(4.29), 'a proper curriculum on creativity and personality education that goes along with students' developmental stages'(4.27), 'securing enough human resource and number of professors who will conduct creativity and personality education'(4.21), 'establishment of the concept and value of the education on creativity and personality'(4.09), and 'educational promotion on creativity and personality education supported by local communities and companies'(3.94).

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