• Title/Summary/Keyword: Responsibility limit

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Liability for Damage due to Doctors' Unfaithful Medical Practice (의사의 불성실한 진료행위로 인한 손해배상책임)

  • Jeon, Byeon-Nam
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.317-343
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    • 2014
  • In order to account for whether a doctor should indemnify damages resulted from violation of duty of care, the fact that a doctor violated duty of care, that damages were incurred, and the link between violation of duty of care and damages incurred, respectively, should be verified. So even though a doctor violated duty of care to patients, he or she will not bear the responsibility to indemnify damages unless it is not verified. If a doctor's negligence in medical practices is assessed that obviously unfaithful medical practice far exceeds the limit of admission of a patient, it will not go against people's general perception of justice or law and order to constitute a medical malpractice itself as an illegal action that will require liabiliy for damage. However, when the limit of admission is set too low, a patient's benefit and expectation of proper medical treatment can be violated. In contrast, if the limit of admission is set high, it can leave too little room for doctors' discretion for treatments due to a bigger risk of indemnification for damages. Thus, a reasonable balance that can satisfy both benefit and expectation of patients and doctors' right to treatment is needed.

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Replacement model under warranty with age-dependent minimal repair

  • Park, Minjae
    • International Journal of Reliability and Applications
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    • v.18 no.1
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    • pp.9-20
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    • 2017
  • In this paper, we consider a renewable repair-replacement warranty strategy with age-dependent minimal repair service and propose an optimal maintenance model during post-warranty period. Such model implements the repair time limit under warranty and follows with a certain form of system maintenance strategy when the warranty expires. The expected cost rate is investigated per unit time during the life period of the system as for the standard for optimality. Based on the cost design defined for each failure of the system, the expected cost rate is derived during the life period of the system, considering that a renewable minimal repair-replacement warranty strategy with the repair time limit is provided to the customer under warranty. When the warranty is finished, the maintenance of the system is the customer's responsibility. The life period of the system is defined and the expected cost rate is developed from the viewpoint of the customer's perspective. We obtain the optimal maintenance strategy during the maintenance period by minimizing such a cost rate after a warranty expires. Numerical examples using field data are shown to exemplify the application of the methodologies proposed in this paper.

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Development of Noise Prediction Program for HRSG (HRSG 소음예측 프로그램 개발)

  • Cheong, Cheol-Ung;Ryu, Jae-Wook;Nam, Kyoung-Hun;Lee, Byeong-Eun;Lee, Soo-Gab
    • Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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    • 2000.11a
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    • pp.389-395
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    • 2000
  • It is usually the contractual responsibility of HRSG(Heat Recovery Steam Generator) supplier to limit combustion turbine exhaust noise at cogeneration sites. Thus, it is necessary to predict the noise level from HRSG at the stage of preliminary design. HRSG is usually composed of inlet duct, main casing, outlet duct, stack. To satisfy the noise limit level, additional equipments are sometimes required - duct shroud, silencer. We develop algorithms for predicting the noise emission from all these equipments of HRSG units. For the convenience of user, we develop the GUI window version program, named NP-HRSG program. To evaluate the accuracy of this program, predicted noise levels from a real HRSG model are compared with measured data. Through this comparison, we observe that the maximum error is just about 3dB.

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The study of the effect of the diuretic herbal medicine in the Sasang Constitutional Medicine (사상체질별(四象體質別) 이소편(利小便) 약물(藥物)의 효능(效能)에 관한 연구(硏究))

  • Shin, Mee-Ran;Kim, Jung-Yul;Jeon, Jung-Won;Kim, Dal-Rae;Sim, Gyu-Heoun
    • Journal of Sasang Constitutional Medicine
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    • v.15 no.3
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    • pp.187-196
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    • 2003
  • The aim of this thesis is to examine the effect of the diuretics in the Sasang constitutional medicine those are not categorized to the diuretic in the established herbal medicine by the way of measuring the change of body edema and the quantity of body moisture through the inbody test, along with the urine volume taken for 24 hours 1. We medicated the diuretic suggested by the DongyiSuseBowon東醫壽世保元 into the tested group and measured the change of the urine volume, the quantity of body moisture and the degree of body edema. The results are the followings below. 1) Soeumin The change in the urine volume and body moisture showed no responsibility, but the degree of body edema decreased with the responsibility. 2) Soyangin All of the degree of body edema and the urine volume, and body moisture showed decrease. 3) Taeumin The urine volume and body moisture increased but showed no responsibility. Also the degree of body edema decreased within the normal limit which can not be accepted. 4) The medicine of the Sasang Constitutional Medicine can not be simply thought to be the diuretic, but it has the function that excretes the moisture which functions negatively in the body and causes edema, as well as the function of the adjustment of metabolism that preserves the normal amount of moisture. This is the good example which is the concept of the adjustment therapy suggested by The Sasang Constitutional Medicine 2. Through the results above, we can find that the diuretic suggested by The Sasang Constitutional Medicine functions in the way that is differently explained by the herbal medicine.

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Comparison of RSS Safety Distance for Safe Vehicle Following of Autonomous Vehicles (자율주행자동차의 안전한 차량 추종을 위한 RSS 모형의 안전거리 비교)

  • Park, Sungho;Park, Sangmin;Hong, YunSeog;Ryu, Seungkyu;Yun, Ilsoo
    • The Journal of The Korea Institute of Intelligent Transport Systems
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    • v.17 no.6
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    • pp.84-95
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    • 2018
  • A mathematical model of responsibility-sensitive safety (RSS) has been proposed as a way to determine whether an autonomous driving accident has occurred. Autonomous vehicles related industry and academia have shown great interest in this model. However, this mathematical model lacks a comprehensive review on whether the model can be used to clarify responsibilities of autonomous vehicles in the event of a traffic accident. In this study, we analyzed the issues that need to be solved in order to apply the RSS model. In conclusion, there is a limit in the equation and the social acceptability of the RSS model. To use the RSS model practically, it is necessary to define the response time of the autonomous vehicle and to measure and control the reaction time value according to the appropriate technology level for each autonomous vehicle.

School Zone Automobile Accidents in Republic of Korea: Comparative Law Analysis on Criminal Responsibility of the Driver

  • Byung-Woon Lyou
    • Journal of Auto-vehicle Safety Association
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    • v.15 no.3
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    • pp.7-16
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    • 2023
  • In 2019, a child died by a school zone traffic accident in Asan, Chungcheongnam-do, the Republic of Korea. Just after the accident, under the name of the "Minsik Law", the Road Traffic Act and the Specific Crime Aggravated Punishment Act were partially revised and went into effect in Korea on March 25, 2020. The new Korean law providing for harsh penalties is designed to reduce automobile accidents in school zones. However, the penalties under the new law seems to be unconstitutionally and unduly harsh. Under the new law, a negligent driver who kills a child at a school zone could be sentenced to indefinite imprisonment, or imprisonment for 3 years or more. The criminal responsibility of a negligent driver at a school zone is the same as serious intentional felonies such as rape, robbery, abandonment resulting in death. Also, even in the case of a school zone accident, if an accident driver complies with the speed limit and other traffic laws and it is impossible to avoid the accident, the driver should not be punished. So, in order to meet the principle of proportionality, the new Korean law should be revised again. In order to find out the appropriate level and punishment method for drivers who cause accidents in school zones, this thesis will compare and analyze the laws of Korea with those of the United States, Germany, and Japan. This paper also reviews the decision of the Constitutional Court of the Republic of Korea in February 2023 that the "Minsik Law" was constitutional. Based on these analyses, this thesis seeks the direction and amendments to properly revise Korean law. In addition, this thesis is intended to present exemplary measures to improve the school zone safety.

The legal responsibility of the unmanned aircraft operators and insurance (무인항공기 운영자의 법적책임과 보험)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.367-418
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    • 2018
  • Just as safety is the most important thing in aviation, safety is the most important in the operation of unmanned aircraft (RPA), and safety operation is the most important in the legal responsibility of the operator of the unmanned aircraft. In this thesis, the legal responsibility of the operator of the unmanned aircraft, focusing on the responsibility of the operator of the unmanned aircraft, was discussed in depth with the issue of insurance, which compensates for damages in the event of an accident First of all, the legal responsibility of the operator of the unmanned aircraft was reviewed for the most basic : definition, scope and qualification of the operator of the unmanned aircraft, and the liability of the operator of the Convention On International Civil Aviation, the ICAO Annex, the RPAS Manual, the Rome Convention, other major international treaties and Domestic law such as the Aviation Safety Act. The ICAO requires that unmanned aircraft be operated in such a manner as to minimize hazards to persons, property or other aircraft as a major principle of the operation of unmanned aircraft, which is ultimately equivalent to manned aircraft Considering that most accidents involving unmanned aircrafts fall to the ground, causing damage to third parties' lives or property, this thesis focused on the responsibility of operators under the international treaty, and the responsibility of third parties for air transport by Domestic Commercial Act, as well as the liability for compensation. In relation to the Rome Convention, the Rome Convention 1952 detailed the responsibilities of the operator. Although it has yet to come into effect regarding liability, some EU countries are following the limit of responsibility under the Rome Convention 2009. Korea has yet to sign any Rome Convention, but Commercial Act Part VI Carriage by Air is modeled on the Rome Convention 1978 in terms of compensation. This thesis also looked at security-related responsibilities and the responsibility for privacy infringement. which are most problematic due to the legal responsibilities of operating unmanned aircraft. Concerning insurance, this thesis looked at the trends of mandatory aviation insurance coverage around the world and the corresponding regulatory status of major countries to see the applicability of unmanned aircraft. It also looked at the current clauses of the Domestic Aviation Business Act that make insurance mandatory, and the ultra-light flight equipment insurance policy and problems. In sum, the operator of an unmanned aircraft will be legally responsible for operating the unmanned aircraft safely so that it does not pose a risk to people, property or other aircraft, and there will be adequate compensation in the event of an accident, and legal systems such as insurance systems should be prepared to do so.

A Study on Psychological Characteristics of Female Murderers -FOCUS ON ANGER STYLE- (여성살인범의 심리적 특성에 관한 연구 -분노특성을 중심으로-)

  • Kim, Sang-Kyun
    • Korean Security Journal
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    • no.4
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    • pp.47-64
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    • 2001
  • The aim of this study is to investigate the anger characteristics and the social psychological characteristics of Homicide by Female. With SPSS win program I analyzed 80 female murderers caught in the correction facility. The analysis results are as follows : Firstly, the age bracket of the female murderers is very high in their thirties(47.5%), they didn't almost graduate from the middle-school(65%). Secondly, they almost married(92.5%) and their job was the housekeeper(52.5%). Thirdly, the female murderers almost killed their husbands(45%) and other victims was people who was familiar with the female murderer. Fourth, the offenders were afraid that the victims had the responsibility for murder(87.5%). Fifthly, according to above analysis, the character type female murderers was almost anger-in type. Finally, My analysis shows us that the anger characteristics between offenders and victims was very similar. With the above research results, I can understand the socio-psychological characteristics of the female murderer. However, this paper has some problems which is the limit of the sampling range and the generalization of research results. In addition, we need to study the comparison with male murderers and female murderers.

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Corporate Social Responsibility for Charity or for Service Business?

  • Enquist, Bo;Edvardsson, Bo;Sebhatu, Samuel Petros
    • International Journal of Quality Innovation
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    • v.9 no.1
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    • pp.55-67
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    • 2008
  • Following this introduction, this paper presents two conceptual and theoretical analyses-(i) CSR and its relation to profit and charity (ii) CSR as part of a service business model. The paper then illustrates these concepts using a comparative study of four service firms, with particular emphasis on their different CSR activities and how these affect the mission of each company. All four of the service companies are global actors with strong Service Brands (Edvardsson, Enquist and Hay, 2006) and a leading position in using CSR as a driving force for doing business: IKEA, Starbucks, H&M and the Body Shop. The paper then draws together the conceptual analysis and the case studies in a discussion of how CSR can be a proactive driver in the service business. Because of the limit space for a QMOD paper the focus is on the conceptual and theoretical analysis part and the empirical part and discussion/conclusion has to be further developed.

Regulations of Food Packaging in Korea, Europe and USA (우리나라, 유럽 및 미국의 식품용 용기포장재 기준규격 관리제도 연구)

  • Jeon, Dae-Hoon;Lee, Young-Ja
    • KOREAN JOURNAL OF PACKAGING SCIENCE & TECHNOLOGY
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    • v.13 no.2
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    • pp.75-78
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    • 2007
  • Regulation of food packaging in Korea, Eurpoe and USA are surveyed. Food packaging manufacturer or converter has a responsibility to evaluate the safety of migration of harmful materials from typical finished packaging items. The 'overall migration limit' of all components from the packaging and 'specific migration limits(SML)' of monomers or additives are evaluated with food simulants, water, acetic acid, ethanol and n-heptane, based on the regulations of the countries. A substance not regulated has to be authorized with the technical data required, information on chemical identity, physical chemical and other properties, the intended use, migration studies and toxicological studies.

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