• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.435-459
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• 2014

Supreme Court of Korea has been mitigating the burden of proof on the malpractice and causal relation by a patient in accordance with the practical transfer of such burden of proof on causal relation as well as relieving a doctor's burden of proof on mistake in the civil damage claim suits on the malpractice. However, a prosecutor shall strictly prove the causal relation between malpractice and unfavorable results as well as a doctor's mistake in the criminal cases for making a doctor accept the professional negligence resulting in death or injury in accordance with In Dubio Pro Reo principles. Furthermore, it shall not be allowed to relieve the burden of proof on malpractice and causal relation which has been frequently applied in the civil proceedings. Nevertheless, it was widely known that the front-line courts accepted the malpractice and causal relation by quoting the legal principles on relieving the burden of proof on malpractice and causal relation applied in the civil cases even in criminal cases with no or insufficient proof on malpractice or causal relation. However, the latest precedents in Supreme Court explicitly declared the opinion that there was no reason to apply the legal principle to relieve the burden of proof on the malpractice and causal relation in the criminal cases requiring the proof 'which doesn't cause any reasonable doubt' on malpractice and causal relation in accordance with the legal principles 'favorable judgment for a defendant in case of any doubt' on the basis of the strict principle of 'nulla poena sine lege.' Accordingly, Supreme court definitely clarified that there would be no reason to relieve the burden of proof on malpractice and causal relation in criminal cases by reversing several original judgments accepting malpractice and causal relation even though there were no strict evidence.

• Bulletin of the Korean Mathematical Society
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• v.46 no.5
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• pp.941-947
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• 2009

Let q be a power of 16. Every polynomial $P\in\mathbb{F}_q$[t] is a strict sum $P=A^2+A+B^3+C^3+D^3+E^3$. The values of A,B,C,D,E are effectively obtained from the coefficients of P. The proof uses the new result that every polynomial $Q\in\mathbb{F}_q$[t], satisfying the necessary condition that the constant term Q(0) has zero trace, has a strict and effective representation as: $Q=F^2+F+tG^2$. This improves for such q's and such Q's a result of Gallardo, Rahavandrainy, and Vaserstein that requires three polynomials F,G,H for the strict representation $Q=F^2$+F+GH. Observe that the latter representation may be considered as an analogue in characteristic 2 of the strict representation of a polynomial Q by three squares in odd characteristic.

• Journal of applied mathematics & informatics
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• v.27 no.3_4
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• pp.763-771
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• 2009

T.H. Kim, H.K. Xu, [Convergence of the modified Mann's iteration method for asymptotically strict pseudo-contractions, Nonlinear Anal.(2007),doi:l0.l016/j.na.2007.02.029.] proved the strong convergence for asymptotically strict pseudo-contractions by the classical CQ iterative method. In this paper, we apply the monotone CQ iterative method to modify the classical CQ iterative method of T.H. Kim, H.K. Xu, and to obtain the strong convergence theorems for asymptotically strict pseudo-contractions. In the proved process of this paper, Cauchy sequences method is used, so we complete the proof without using the demi-closedness principle, Opial's condition or others about weak topological technologies. In addition, we use a ingenious technology to avoid defining that F(T) is bounded. On the other hand, we relax the restriction on the control sequence of iterative scheme.

• Journal of applied mathematics & informatics
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• v.18 no.1_2
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• pp.553-562
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• 2005

It is well-known that the smoothness of 4-point interpolatory Deslauriers-Dubuc(DD) subdivision scheme is $C^{1}$. N. Dyn[3] proved that 4-point interpolatory subdivision scheme is $C^{1}$ by means of eigenanalysis. In this paper we take advantage of Laurent polynomial method to get the same result, and give new way of strict proof on Laurent polynomial method.

• Journal of the Korean School Mathematics Society
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• v.14 no.3
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• pp.325-337
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• 2011

There have been several studies regarding strict and formal proof in the field of geometry in middle school curriculum, and the level of proof has been gradually lowered along with the changes in the curriculum. In the 2011 Revised Middle School Math Curriculum, there have been efforts to eliminate the term 'proof' and instead to replace it with the new one, 'justification'. Therefore, this study intends to present specific and practical examples of justification by analyzing the current math textbook especially in the field of geometry. As a result, it identified that strict and practical proof has been sharply increased in the second year of middle school. It also witnessed the possibility of justification from the various examples presented in the first, second, and the third year of the middle school math textbook.

• Journal of the Korean Society for Precision Engineering
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• v.21 no.9
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• pp.135-141
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• 2004

Anti-shock performance is one of the most important design specifications of TFT-LCD modules. Since they are adopted fur major display units of many mobile applications such as lap-top PCs, cellular phones, and palm pilots, they are able to accommodate and endure high level transient mechanical energy inputs. For the reasons, not only the LCD unit manufacturers but their customers like PC makers perform a series of strict impact/drop test on the units. Currently, designers are mostly relying on their own trial-error based experience for the anti-shock design. Thus those designs depending on only experience may result in disqualification from the drop/impact test during final product evaluation. Those shock failures of any new designs are prohibitive for both LCD and PC manufacturers. In order to avoid this problem, many designers are focusing on the development of computer-aided design tools that is directly connected to shock simulation capabilities and then shock-proof design cycle time could be significantly reduced. Development of an integrated CAE system for the shock-proof design is presented in this article. At every stages of the development of present work, practical industrial applicability and mass production feasibility are seriously considered and tested so that the system is to be used in the LCD design engineering field.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.49
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• pp.139-164
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• 2011

Traditionally courts have been adopted over the years two standards of dealing with compliance of documents such as strict compliance and substantial compliance and the substantial compliance, which was somewhat less demanding than the strict compliance. However the new guidelines of ICC's international standard banking practice for the examination of documents under documentary credits set up how the UCP is to be applied in practice. The payment obligations of an issuing bank to a beneficiary are independence of the performance or the nonperformance of any contract underlying the letter of credit. However, strictly applying the principle of independence and abstraction could produce unfair results by operating unjustly enrich an unscrupulous beneficiary in case of fraud. Accordingly, when a beneficiary presents complying documents, the issuing bank is bound to honour the presentation unless the fraud rule applies on the facts of the case such as forged or material fraud. If it does, the issuing bank(issuer) needs not pay despite the complying presentation of documents by the beneficiary under the Uniform Commercial Code Article 5-109 and case law in America. However the fraud rule was not addressed in UCP 600. In conclusion, view in terms of legal principle and the court cases is variable and difficult to honour or dishonour the presentation in case of application of the independence principle and fraud rule such as the problems on burden of proof timely, possibility of granting injunction in order to protect against victim for bona fide applicant.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2010.04a
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• pp.422-427
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• 2010

The judgement of 'Koreon Maritime Safety Tribunal'(KMST) influences criminal/civil trials, and thus the judgement must be decided very carefully. The Judge must bear in mind the Principle of Free Evaluation of Evidence is restricted by the admissibility of evidence, in dubio proreo and others. Also, empirical role must be used very carefully with strict proof. Therefore the reasons of the proof shall be expressed on the adjudication.

• The Korean Society of Law and Medicine
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• v.15 no.1
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• pp.83-122
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• 2014

Compared with medical cases and health care law from other countries there has been a lot of progress on medical law, especially on medical precedents in Korea. However, in recent years, medical precedents tend to reflect a realistic position of health care providers, rather than normative position of the victim. The burden of proof to prove strict liability is given to patients in civil law suits by courts, patients generally has the burden of proof. The rate of claims to prove the negligence of medical malpractice is falling significantly. Even if the error is acknowledged, it is not enough to get right to be relief for patients by increasing limitations of liability or ratio of patient's own negligence. Compensation fee is included in medical fees and risk of medical malpractice actions contributes ultimately to a health care consumer. In conclusion, author represents a major the new upgrade of above mentioned problem. By advising that court should assess actively for the perspective of victim for medical negligence we will be able to exercise remedies of patients' rights and to prevent recurring medical accidents and also contribute to medical advances.

• Journal of the Korean Institute of Intelligent Systems
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• v.17 no.6
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• pp.804-806
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• 2007

The usual arithmetic operations on real numbers can be extended to arithmetical operations on fuzzy intervals by means of Zadeh's extension principle based on a t-norm T. Dombi and Gyorbiro proved that addition is closed if the Dombi t-norm is used with two bell-shaped fuzzy intervals. Recently, Hong [Fuzzy Sets and Systems 158(2007) 739-746] defined a broader class of bell-shaped fuzzy intervals. Then he study t-norms which are consistent with these particular types of fuzzy intervals as applications of a result proved by Mesiar on a strict f-norm based shape preserving additions of LR-fuzzy intervals with unbounded support. In this note, we give a direct proof of the main results of Hong.