• The Korean Society of Law and Medicine
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• v.8 no.1
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• pp.179-211
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• 2007

To succeed the claim of medical malpractice litigation, the patient as a plaintiff should establish the medical fault of a physician as a defendant, and the causation between the fault and damages. Because of the extraordinary nature of medical province, however, this application of a legal principles is rigorous with the patient. In addition, given the causation between the validation of physician's fault and damage is not attested, patient is not awarded anything. In order to overcome a difficulty of patient's verification and ensure the right to fair process, it was demonstrated the lightening of burden of proof in medical malpractice litigation and the acceptance of the responsibility for an illegal act in a prescribed range in the absence of the causation between the physician's fault and damage. This paper deals with the judgement of causation and burden of proof in medical malpractice litigation, and the acceptance of responsibility in the absence of the causation between the physician's fault and damage. Also, this study recommends a tendency of our precedent through the comparative case method of ours and Japan.

• The Korean Society of Law and Medicine
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• v.14 no.1
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• pp.209-236
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• 2013

The concept of expectation rights considers 'the expectation' that the patient should be given proper medical treatment as the benefit and protection of the law, so it would be the benefit and protection of the law due to personal rights different from 'the legal principle that has the possibility to a considerable extent' being in an extension of life and body. However, the problem how the patient's expectation of medical service sets up in order to make it the benefit and protection of the law would be still left in the vague concept of the patient's 'expectation', thus, in the first place, the medical practice following formed medical standard in every particular medical institutes should be the standard because these medical services are normally within a range of the patients' expectations. In addition, it should be naturally constituted as mental profit to get the subjective circumstances such as 'the patient's expectation' to be an object, and also, different from the profit and protection of the law such as life and body that should be absolutely protected, the origin of violation behavior should be regarded simultaneously to define the denotation of expectation rights. Therefore, the expectation rights violations would be problematic in case it fails to reach the medical standard that is expected for common doctors to practice properly. This is the concept of expectation rights that gets subjective matters such as the patient's expectation to be objectivity as medical practices that can be expected by generalized abstract doctors. This standard should be defined as the minimum standard that is naturally expected for doctors to practice, different from medical standard that decides the level of doctors.

• Proceedings of the Korean Operations and Management Science Society Conference
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• 1999.04a
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• pp.426-426
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• 1999

;There are many sources of uncertainty in a typical production and inventory system. There is uncertainty as to how many items customers will demand during the next day, week, month, or year. There is uncertainty about delivery times of the product. Uncertainty exacts a toll from management in a variety of ways. A spurt in a demand or a delay in production may lead to stockouts, with the potential for lost revenue and customer dissatisfaction. Firms typically hold inventory to provide protection against uncertainty. A cushion of inventory on hand allows management to face unexpected demands or delays in delivery with a reduced chance of incurring a stockout. The proposed strategies are used for the design of a probabilistic inventory system. In the traditional approach to the design of an inventory system, the goal is to find the best setting of various inventory control policy parameters such as the re-order level, review period, order quantity, etc. which would minimize the total inventory cost. The goals of the analysis need to be defined, so that robustness becomes an important design criterion. Moreover, one has to conceptualize and identify appropriate noise variables. There are two main goals for the inventory policy design. One is to minimize the average inventory cost and the stockouts. The other is to the variability for the average inventory cost and the stockouts The total average inventory cost is the sum of three components: the ordering cost, the holding cost, and the shortage costs. The shortage costs include the cost of the lost sales, cost of loss of goodwill, cost of customer dissatisfaction, etc. The noise factors for this design problem are identified to be: the mean demand rate and the mean lead time. Both the demand and the lead time are assumed to be normal random variables. Thus robustness for this inventory system is interpreted as insensitivity of the average inventory cost and the stockout to uncontrollable fluctuations in the mean demand rate and mean lead time. To make this inventory system for robustness, the concept of utility theory will be used. Utility theory is an analytical method for making a decision concerning an action to take, given a set of multiple criteria upon which the decision is to be based. Utility theory is appropriate for design having different scale such as demand rate and lead time since utility theory represents different scale across decision making attributes with zero to one ranks, higher preference modeled with a higher rank. Using utility theory, three design strategies, such as distance strategy, response strategy, and priority-based strategy. for the robust inventory system will be developed.loped.

• Journal of Applied Tourism Food and Beverage Management and Research
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• v.8
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• pp.21-33
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• 1997

This study reviews the scientific management theories and discusses those theories within the food service industry. By providing the principles and the practical implications of the theories on the food service industry, this study tries to identify their philosophies and usefulness to the industry so that the managers in the industry use them in their dylmanic operations. In the fastly changing modern globalized world, we now face a situation where it's becoming more and more difficult to mange a restaurant business. In order to build a food industry business that can maintain a continuous development in today's business environment, one will have to apply the professional management theory in a cost-reduce strategy. It is more important though to have managers, organization members, in short, any person who can work to be motivated in accomplishing these two major issues-income increase and cost reduction. In this erawhere it's getting so difficult for researches on possible strategies for these business managers to overcome their difficulties. It is for certain that in the upcoming second millenium the travel and tourism industry will be one of the world's biggest industry worldwide. Korea's hotel industry has developed since the 1988 Seoul Olympic Games and has shown great amount of competition within the same business. Thus managers have become acquainted with the "know-how" strategy and the practical and scientific managemnet theories were introduced. This helped not only to increase income but also to maximize profit. However, rather than concentration on the "Hard-ware" aspect "Soft-ware" related professional management strategies were developed along with professionalism and human service were emphazied. As such, the actual cost of food and beverages are for the hotel industry business managers the biggest shortterm expense item. Due to the natural state of food items, there is a great chance of "Loss" in preservance, and this is the reason it is complicated to effectively maintain food. As a consequence, very often, the failure to managea hotel or restaurant depends on the capability of the food and beverage preservance mangement: on how they are able to manage effectively the original price of food and beverage. Finally, the main problem of the original price management of food and beverage in Korean hotels are: a) No fixation of set price b) The difficulty to calculate the price difference between a set price and an original price. c) Lack of professinalism in managing the food and beverage original price. d) Lack of perception of the highest ranking management personnels. So as to reform these matters it is necessary to : a) Reform on the management accounting system b) Emphasize to the people in charge on the idea of original price management c) Reinforce original price mangement prevention and assurance of indepedent inspection rights d) Reat manpower