• 의료법학
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• 제23권2호
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• pp.171-209
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• 2022

2021년에도 의료와 관련된 많은 판결들이 있었는데, 그 중 본 논문에서 검토한 판결들은 다음과 같다. 먼저 진료기록 부실기재 및 변조 등과 주의의무위반 관련 판결은 의료과실 유무 등에 관한 일차적 판단자료인 진료기록이 사후에 수정된 사례에 관한 것으로 그 수정내용 및 수정시기에 비추어 사후에 수정된 진료기록 내용은 고려하지 않고 최초 작성된 진료기록을 토대로 과실 유무 판단을 하였다. 다음으로 비만치료약 처방 등에 대한 손해배상책임을 묻는 사례에 관한 판결은 처방과 관련한 과실을 인정하였으나 상당인과관계를 부정하여 재산상 손해배상책임을 부정하고, 설명의무위반에 따른 위자료만 인정하였다. 또한, 환자의 가해자에 대한 기왕치료비 손해배상채권을 대위하는 국민건강보험공단의 대위범위에 관한 전원합의체판결은 '과실상계 후 공제방식'을 취해온 기존 판례를 변경하여 '공제 후 과실상계방식'으로 대위 범위를 판단하여 피해자 보호를 도모하였다. 그리고 과실 유무에 관해 진료기록감정회신결과와 달리 판단한 판결은 과실유무 판단을 함에 있어 진료기록감정결과에 구속되는 것은 아니고 자유심증에 따라 판단한다는 입장에 따라 규범적으로 판단하였다. 마지막으로 국민건강보험공단의 요양급여비용환수처분과 관련해서는 비의료인이 개설한 의료기관에 대한 환수처분을 함에 있어서도 재량권을 행사해야 한다는 판결과 시설 및 인력을 공동이용한 의료기관에 대한 환수처분의 경우 그 환수범위를 세부적으로 판단해야 한다는 판결을 검토하였다.

• 한국환경복원기술학회지
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• 제1권1호
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• pp.95-101
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• 1998

In order to seek a efficiency of site cooperation and slope stabilization in a rock sloping work, it would rather take into consideration, in its importance, a concurrent performance of civil works and landscaping works than give any part a special priority. It can enable us to achieve an expanded scope of landscaping works and improvement of slope scenery via this sort of cooperation. However, this can not be achieved without assurance on the slope stabilization and scenic view of the project owner, and further via this cooperation, environmentally familiar works can be performed, becoming natural environment and minimizing damages on surrounding scenery and environment. It is foreseeable that improvement of functions of civil equipment, introduction of technology and development of landscaping materials can facilitate an improvement in the betterment of slope scenery. Landscaping related parties need to enhance their understanding of rock sloping and scenic view based on knowledge on the fundermental understanding of slope stabilization and on the base rock characteristics.

• 한국안전학회지
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• 제31권2호
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• pp.26-32
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• 2016

In previous studies on LPG siting in Korea, the scope have not included the probability of the secondary events of adjacent LPG tanks or structures from an explosion source. Therefore, it is essential to first identify the phenomenon which can be caused by BLEVE and then, properly assess their effects to each target including secondary event. In this study, we calculated the effects from a potential BLEVE of 15 ton LPG tank causing damages of storage tanks (LPG), structures and human using Phast ver. 6.7 and then suggested three risk zones (Zone I, II, III) assuming the consequences such as overpressure, heat radiation and missile effect by fragments. Zone I and II are divided at the line of 50% occurrence of the secondary event. Zone II and III are divided by Individual Risk(IR). The zone approach in this study can be used for more effective and safer Land Use Planning (LUP) for the future.

• 대한안전경영과학회지
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• 제11권1호
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• pp.1-6
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• 2009

The specific feature of trains as a means of transportation is that, on one side, at once they can carry big loads but, at the same time, if an accident occurs, it potentially leads to many human casualties or big material losses. Especially, train accidents caused by bad weather conditions result in many fatal losses of human lives and property. In Korea many railways run either in mountainous areas or along rivers thus making them especially susceptible to natural hazards. The types of damages inflicted by heavy rains resulting from rapidly changing meteorological conditions are diverse; and not only their scope is big but also they repeat regularly. Consequently, this study analyses the reasons why such effects of heavy rains on the railway conditions, damage to the railways caused by heavy rains or cases of stone fall as well as other types of accidents are not avoided. Study also, on the basis of laws related to movement in poor weather conditions and specifics of train braking, identifies systematic and technical problems and suggests and emphasizes new complex measures on their prevention.

• 한국화재소방학회논문지
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• 제22권5호
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• pp.9-21
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• 2008

본 연구는 인위적인 방화(放火)화재로부터 귀중한 생명과 재산 피해를 최대한 억제하고 예방하기 위한 방재대책을 제안하기 위한 것으로, 화재 공학적 측면에서 방화(放火)화재에 대한 특성을 분석하여 그 위험에 대처할 수 있도록 방재대책 추진방안을 검토하였다. 본 연구에서는 방화범의 범행 동기나 행위 등 심리적이고 정신적인 분석과 같은 의학적인 면과 방화범의 법적체벌 관련사항과 같은 법률적이고 행정적인 문제 등은 연구범위에서 제외하였으며, 방화화재 발생 실태를 분석하기 위하여 국내 및 일본, 미국의 화재통계자료를 조사하였다. 특히, 일반화재와 방화화재의 연소특성을 정량적으로 파악하기 위하여 화재모형 실험 및 컴퓨터 시뮬레이션을 수행하였고, 방화화재 방재대책 추진방안을 제시하였다.

• 대한안전경영과학회:학술대회논문집
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• 대한안전경영과학회 2009년도 춘계학술대회
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• pp.35-43
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• 2009

The specific feature of trains as a means of transportation is that, on one side, at once they can carry big loads but, at the same time, if an accident occurs, it potentially leads to many human casualties or big material losses. Especially, train accidents caused by bad weather conditions result in many fatal losses of human lives and property. In Korea many railways run either in mountainous areas or along rivers thus making them especially susceptible to natural hazards. The types of damages inflicted by heavy rains resulting from rapidly changing meteorological conditions are diverse; and not only their scope is big but also they repeat regularly. Consequently, this study analyses the reasons why such effects of heavy rains on the railway conditions, damage to the railways caused by heavy rains or cases of stone fall as well as other types of accidents are not avoided. Study also, on the basis of laws related to movement in poor weather conditions and specifics of train braking, identifies systematic and technical problems and suggests and emphasizes new complex measures on their prevention.

• Smart Structures and Systems
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• 제25권6호
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• pp.733-749
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• 2020

This study presents a computer vision-based approach for representing time evolution of structural damages leveraging a database of inspection images. Spatially incoherent but temporally sorted archival images captured by robotic cameras are exploited to represent the damage evolution over a long period of time. An access to a sequence of time-stamped inspection data recording the damage growth dynamics is premised to this end. Identification of a structural defect in the most recent inspection data set triggers an exhaustive search into the images collected during the previous inspections looking for correspondences based on spatial proximity. This is followed by a view synthesis from multiple candidate images resulting in a single reconstruction for each inspection round. Cracks on concrete surface are used as a case study to demonstrate the feasibility of this approach. Once the chronology is established, the damage severity is quantified at various levels of time scale documenting its progression through time. The proposed scheme enables the prediction of damage severity at a future point in time providing a scope for preemptive measures against imminent structural failure. On the whole, it is believed that the present study will immensely benefit the structural inspectors by introducing the time dimension into the autonomous condition assessment pipeline.

• 융합보안논문지
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• 제16권1호
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• pp.23-32
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• 2016

경제발전과 더불어 사회가 복잡 다양화해질수록 교육활동도 이에 부응하기 위하여 기존의 교육방식에서 벗어나 다양한 학습형태를 띠게 되었다. 특히 다양성을 요구하는 교육소비자의 욕구에 부응하기 위한 현장체험, 위험한 교육 기자재 및 시설의 사용기회 증대와 학생들의 개성이 강해지는 추세에 따라 최근 들어 학교사고는 날로 증가하는 추세에 있다. 이에 본 연구에서는 학교사고의 발생에 따라 피해자가 제일 먼저 피해보상을 청구하는 학교안전공제회의 보상체계 및 현행 공제회 시스템의 문제점과 개선방안을 학교안전공제회의 급여 범위 측면에서 검토하여 교육현장에 있는 교원들에게 시사하는 바를 제시하고자 한다.

• Corrosion Science and Technology
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• 제11권3호
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• pp.89-95
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• 2012

U.S. Electric Power Research Institute (EPRI) has developed CHECWORKS program and applied it to power plant piping lines since some lines were ruptured by flow-accelerated corrosion (FAC) in 1978. Nowadays the CHECWORKS program has been used to manage pipe wall thinning phenomena caused by FAC. However, various erosion mechanisms can occur in carbon-steel piping. Most common forms of erosion are cavitation, flashing, liquid droplet impingement erosion (LDIE), and Solid Particle Erosion (SPE). Those erosion mechanisms cause pipe wall thinning, leaking, rupturing, and even result in unplanned shutdowns of utilities. Especially, in two phase condition, LDIE damages a wide scope of plant pipelines. Furthermore, LDIE is the major culprit to cause such as power runback by pipe leaking. This paper describes the methodologies that manage wall thinning and also predict LDIE wall thinning area. For this study, current properties of two-phase condition are investigated and LDIE areas are selected. The areas are checked by B-Scan method to detect the effect of wall thinning phenomena.

• 한국중재학회지:중재연구
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• 제28권1호
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• pp.125-151
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• 2018

Rapid industrial growth based on massive fossil fuel energy consumption has caused serious damages on natural environment and every aspects of human life. As demands for clean and pleasant living circumstance increases, conflicts and disputes around environmental problems have also been widespread. Given the 'environmental rights' is a relatively new legal concept, however, resolving environmental disputes through the traditional legal principles and litigation procedures could be restrictive and, in some sense. inefficient as well as expensive. With efforts to develop new legal principles on environmental disputes, the environmental dispute adjustment system has been introduced as an alternative dispute resolution to the traditional legal dispute procedures. The Korean Environmental Dispute Resolution Commission introduced as the environmental dispute adjustment system has been well established for the past twenty-seven years, given the steadily increasing numbers of applications to the Commission over environmental disputes. However, as most cases are still small in money terms and mainly subject to adjudication, the effectiveness and practical contribution of the Commission in the resolution of environmental disputes have in fact been limited. For the enhancement of the status and roles of the Commission as the prior instrument of the alternative dispute resolution(ADR) in environmental disputes, several suggestions could be considered as follows: First, mediation needs to be more activated than adjudication in order to meet the primary purpose of ADR that resolves environmental disputes according to free will of concerned parties. Second, the scope of mediation could be expanded to the areas including potential environmental damages. Third, the roles and responsibilities of the Environmental Dispute Resolution Commissions at both central and local levels need to be evenly distributed. Fourth, the mechanism and procedures of environmental dispute resolution should be standardized. Fifth, the status of the Environmental Dispute Resolution Commission could be elevated in rank by shifting its current affiliation from the Ministry of Environment to the Office of Prime Minister. Sixth, the organizational structure and human resources of the Commission need to be reinforced. Seventh, the current situation that tends to give priority to litigation procedures when an environment dispute is simultaneously pending in litigation and mediation should be eased and properly adjusted. Eighth, the adoption of mandatory mediation in advance to litigation needs to be discussed. Ninth, the legal authority of the Commission's decisions should be further guaranteed. If above suggestions are thoroughly reviewed and properly adopted, the roles, authority and power of the Environmental Dispute Resolution Commission would be increased in the era when environmental conflicts get widespread, requiring an effective alternative environmental dispute resolution mechanism.