• Title/Summary/Keyword: benefit analysis

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The Obligation of Return Unjust Enrichment or Compensation for the Use of Flight Safety Zone -Seoul High Court Judgment 2018Na2034474, decided on 2018. 10. 11.- (비행안전구역의 사용에 대한 부당이득반환·손실 보상 의무의 존부 -서울고등법원 2018. 10. 11. 선고 2018나2034474 판결-)

  • Kwon, Chang-Young;Park, Soo-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.63-101
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    • 2020
  • 'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

A Case Study about PET/CT Collaboration Operation (PET/CT 공동운영에 대한 사례 연구)

  • Kim, Chang-Ho;Pyo, Sung-Jae
    • The Korean Journal of Nuclear Medicine Technology
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    • v.14 no.2
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    • pp.87-92
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    • 2010
  • Purpose: In 2003, we decided to buy a PET/CT, at the time, it was the latest cancer diagnostic medical equipment. Equipment company was offered the marketing of collaboration operation because the highly cost of PET/CT. However, this hospital's choice was own purchase way. In this study we evaluated the collaboration operation way by post-mortem analysis to the current situation. Materials and Methods: From 2004 until 2008, five years, we investigate the revenue analysis the number of PET/CT cases about own purchase way and collaboration operation way according (ABC costing). Results: The year 2004, own purchase way is 4 billion 9 thousand 2 hundred million won in deficit, the collaboration operation way is 1 billion 1 thousand 7 hundred million won in deficit. The year 2005, own purchase way is 1 billion 5 hundred million won in deficit, collaboration operation way is 8 thousand 7 hundred million won in deficit. However, the year 2006, own purchase way is 5 billion 1thousand 3 hundred million won in surplus, collaboration operation way is 9 thousand 9 hundred million won in deficits. The year 2007 and 2008, revenue of own purchase way is more increased but the collaboration operation way is more decreased. From the year 2004 to 2008, subtotal of own purchase way is 10 billion 8 thousand 8 hundred won in surplus, sub-total of collaboration operation way is 6 billion 7 thousand million won in deficit. Conclusion: Own purchase way has been a big benefit occurs and to reflect the equipment price, the collaboration operation way became to deficit continues. In other words, the problem of collaboration operation way showed us. When you buy the high cost Equipment, consideration will be risk and economic analysis of variance, the appropriate of the initial investment cost, clinical diagnostic needs and etc.

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Therapeutic compliance and its related factors in pediatrics patients (소아 환자의 치료 순응도 및 이에 영향을 미치는 요인)

  • Park, Ki Soo;Kam, Sin;Kim, Heung Sik;Lee, Jeong Kwon;Hwang, Jin-Bok
    • Clinical and Experimental Pediatrics
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    • v.51 no.6
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    • pp.584-596
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    • 2008
  • Purpose : This study was conducted to investigate treatment compliance and related factors in pediatric patients. Methods : Three hundred and fifty-five patients diagnosed with various acute diseases at a teaching hospital or clinic in October 2003 were enrolled. Data were analyzed using the Health Belief Model, which includes items on self-efficacy and family assistance. Results : The study found that 62.9% of pediatric patients adhered faithfully to agreed-upon hospital revisits, 41.6% complied with dose timings instructions, 65.8% precisely took medication, and 27.2% complied with all of these requirements. According to ${\chi}^2$ test analysis, the factors found to be related to therapeutic compliance (the taking of medicines requested) were; susceptibility, severity, benefit, barriers, mother's self-efficacy, and family assistance (P<.05). Multiple logistic analysis and path analysis showed that susceptibility, severity, barriers, and mother's self-efficacy were related to therapeutic compliance (P<.05). Moreover, mother's self-efficacy was identified as the most important factor. Conclusion : To improve therapeutic compliance among pediatric patients, parental education is necessary, and a health care professional must take a thorough history of how the medication was taken before it is assumed that treatment failure is attributable to the medication prescribed. Furthermore, the type of device recommended for dosing should be determined by clinicians. In addition, it is important that pediatric medications be discussed in relation to their palatability and internal acceptability.

Human Health Risk, Environmental and Economic Assessment Based on Multimedia Fugacity Model for Determination of Best Available Technology (BAT) for VOC Reduction in Industrial Complex (산업단지 VOC 저감 최적가용기법(BAT) 선정을 위한 다매체 거동모델 기반 인체위해성·환경성·경제성 평가)

  • Kim, Yelin;Rhee, Gahee;Heo, Sungku;Nam, Kijeon;Li, Qian;Yoo, ChangKyoo
    • Korean Chemical Engineering Research
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    • v.58 no.3
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    • pp.325-345
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    • 2020
  • Determination of Best available technology (BAT) was suggested to reduce volatile organic compounds (VOCs) in a petrochemical industrial complex, by conducting human health risk, environmental, and economic assessment based on multimedia fugacity model. Fate and distribution of benzene, toluene, ethylbenzene, and xylene (BTEX) was predicted by the multimedia fugacity model, which represent VOCs emitted from the industrial complex in U-city. Media-integrated human health risk assessment and sensitivity analysis were conducted to predict the human health risk of BTEX and identify the critical variable which has adverse effects on human health. Besides, the environmental and economic assessment was conducted to determine the BAT for VOCs reduction. It is concluded that BTEX highly remained in soil media (60%, 61%, 64% and 63%), and xylene has remained as the highest proportion of BTEX in each environment media. From the candidates of BAT, the absorption was excluded due to its high human health risk. Moreover, it is identified that the half-life and exposure coefficient of each exposure route are highly correlated with human health risk by sensitivity analysis. In last, considering environmental and economic assessment, the regenerative thermal oxidation, the regenerative catalytic oxidation, the bio-filtration, the UV oxidation, and the activated carbon adsorption were determined as BAT for reducing VOCs in the petrochemical industrial complex. The suggested BAT determination methodology based on the media-integrated approach can contribute to the application of BAT into the workplace to efficiently manage the discharge facilities and operate an integrated environmental management system.

Accession of Korea to the Nagoya Protocol and its Economic Impact Analysis on Korean Bioindustry Companies (우리나라의 나고야의정서의 가입이 바이오산업에 미치는 경제적 영향 분석)

  • Park, Yong-Ha;Kim, Joon Sun;Choi, Hyun-Ah
    • Journal of Environmental Policy
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    • v.11 no.4
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    • pp.39-57
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    • 2012
  • Analysis of the economic impact on Korean bioindustry companies was approached after Korea access to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (hereinafter 'the Protocol') enters into force. Cost analysis of the economic impact is based on the size of bioindustry market, dependency ratio on genetic resources abroad, ABS (Access and Benefit Sharing) ratio for royalty ratio. Korean bioindustry companies would have had to pay extra ABS cost around 1.3-6.0 billion won for using genetic resources abroad, if the Protocol had entered into force in 2009. And this cost is estimated to be around 13.6 - 63.9 billion won in 2015. All ABS costs account only about less than 0.01% of total Korean bioindustry volume of target years. These show us that joining the Protocol will not significantly impact the bioindustry market in Korea. If the Protocol enters into force, genetic resources users have to pay PIC (Prior Informed Consent) and MAT (Mutually Agreed Terms) cost before accessing the genetic resources outside of their country, regardless of the accession status of the country. This ABS costs and terms on provided genetic resources will be determined by compliance between genetic resources users and providers. As a genetic resources provider, Korean bioindustry companies will have advantage over technology transfer agreements, royalties, licensing agreements, and taxes on profits from patents including traditional knowledge. Also, Korean bioindustry companies are expected to get various socio-economic benefits such as patent litigation and regulatory proceedings as a genetic resources provider. Considering the advantages and disadvantages of the Protocol that Korean bioindustry companies will face together, the socio-economic impact of the Nagoya Protocol on Korean bioindustry companies is negligible regardless of the accession status of Korea to the Nagoya Protocol.

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Favorable Outcome in Elderly Asian Patients with Metastatic Renal Cell Carcinoma Treated with Everolimus: The Osaka Urologic Oncology Group

  • Inamoto, Teruo;Azuma, Haruhito;Nonomura, Norio;Nakatani, Tatsuya;Matsuda, Tadashi;Nozawa, Masahiro;Ueda, Takeshi;Kinoshita, Hidefumi;Nishimura, Kazuo;Kanayama, Hiro-Omi;Miki, Tsuneharu;Tomita, Yoshihiko;Yoshioka, Toshiaki;Tsujihata, Masao;Uemura, Hirotsugu
    • Asian Pacific Journal of Cancer Prevention
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    • v.15 no.4
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    • pp.1811-1815
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    • 2014
  • Background: In clinical trials with no upper age limit, the proportion of older patients is usually small, probably reflecting the more conservative approach adopted by clinicians when treating the elderly. An exploratory analysis of elderly patients in the RECORD-1 Trial showed that patients ${\geq}$ 65 y.o. had superior median PFS than overall RECORD-1 population (5.4 months and 4.9 months, respectively). We investigated the efficacy, relative benefit and safety of Everolimus (EVE) as sequential therapy after failure of VEGFr-TKI therapy for older patients with metastatic renal cell cancer (mRCC), in daily practice. Materials and Methods: 172 consecutive IRB approved patients with mRCC (median age 65, M:F 135/37, 78% clear cell) who received salvage EVE at 39 tertiary institutions between October 2009 and August 2011 were included in this analysis. Some 31% had progressed on sunitinib, 22% on sorafenib, 1% on axitinib, 41% on sequential therapy, and 5% had received other therapy. Patients with brain metastases were not included and 95% of the patients had a ECOG (Eastern Cooperative Oncology Group) performance status (PS) of 0 or 1. Previous radiotherapy was an exclusion criterion, but prior chemotherapy was permitted. Adequate organ function and hematologic parameters were mandatory. EVE administration was approved by the institutional review board at each participating institution and signed informed consent was obtained from all patients. Results: Median time of the whole cohort to last follow-up was 3.5 months (range 0.4-15.2 months). Forty four percent were continuing to take EVE at last followup. There were 86 (50%) patients ${\geq}$ 65 y.o. and 86 (50%) <65 y.o. The percentage of patients who showed PR/SD was higher in the older group than in the younger one (5.9%/61.2% vs 1.2%/46.5%, respectively). Median survival of older patients was also significantly longer (3.5 +/- 0.31 vs 3.1 +/- 0.34, hazard ratio=0.45, CI; 0.255-0.802). Analysis using Cox regression model adjusted for gender, PS, number of metastases, site of metastases, histology, smoking history and age detected an association between age and PFS (p=0.011). The frequency of adverse events in elderly patients treated with EVE was no greater than that in younger patients, although such toxicity may have had a greater impact on their quality of life. Conclusions: Older patients should not generally be excluded from accepted therapies (mTOR inhibitors after failure of VEGFr-TKI therapy) for mRCC.

An Analytic Case Study on the Management of an Upper-level General Hospital(2010-2012)

  • Park, Hyun-Suk;Lee, Jung-Min;Baek, Hong-Suck;Lee, Jun-Ho;Park, Sang-Sub
    • Journal of Korean Clinical Health Science
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    • v.2 no.1
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    • pp.1-16
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    • 2014
  • Purpose. For a more efficient hospital management, this study aims to provide basic data so that the hospital management and staff in charge of hospital administration may systematically classify and collect hospital information, by analyzing the ordinary characters of an upper-level general hospital system and its common-type balance sheet, common-type profit and loss statement and financial ratio. Methods. By using information about an upper-level general hospital in C Province, provided by Alio(www.alio.go.kr), a public organization information provision site, Health Insurance Review & Assessment Service(www.hira.or.kr) and Ministry of Health and Welfare(www.mw.go.kr), this study analyzed 3 year's data from 2010 to 2012 and provided basic data by analyzing the ordinary characters of an upper-level general hospital system, and its common-type balance sheet, common-type profit and loss statement and financial ratio. Results. After analyzing the ordinary characters, common-type balance sheet, common-type proft and loss statement and financial ration of this general hospital, based on the 2010 to 2012 data, this study came to the following conclusions. Firstly, out of all the 1,069 hospital staff, there were 272 doctors working for 24 medical departments, out of whom the majority was 33 physicians. Most of the nurses were third-class ones, and about 2,000 outpatients and 600 inpatients on average were treated per day. Secondly, as a result of analyzing the common-type balance sheet, this study discovered that intangible assets out of fixed assets accounted for 41%, the majority, out of which usable and profitable donation asset buildings were of great importance, and the liquid assets increased more in 2012 than 2011. In the financial structure, the ratio of liquid liabilities was over 50% out of all the liabilities in 2012, and the ratio of purchase payables was high as well. The ratio of fixed liabilities reached up to 40%, out of which the retirement benefit appropriation fund was quite high. The capital was over 80%, but the surplus was in a deficit state. Compared to the capital, the ratio of total liabilities was about 90%, which indicates the financial structure of this general hospital was vulnerable. Thirdly, as a result of analyzing the common-type profit and loss statement, this study found out that the medical profits from inpatients were higher than profits from outpatients. The material cost was related to the medical quality of this general hospital, and it was as high as 30% out of the total costs and was about 45% of the labor cost. This general hospital showed 10% in the ratio of non-medical profits, and it seemed because of government subsidies. The ratios of medical profits and current net income were gradually changing for the better in 2012, compared to 2011. Lastly, as a result of analyzing the financial ratio, it was found that the liquidity ratio kept decreasing, from 110.7% in 2010 and 102.0% in 2011 to 77.2% in 2012. Besides, it was analyzed that the liquidity ratio and the net working capital ratio greatly decreased, while the quick ratio and the liquid ratio kept decreasing. Conclusions. 1. It is necessary to take the risk management into more consideration, and particularly, it is needed to differentiate and manage the levels of risk in detail. 2. By considering the fact that investments into hospital infrastructures were mostly based on liabilities, it is needed to deal with the scale of losses when evaluating risks. 3. By reflecting the character that investments into hospital infrastructures were based on liabilities, it is necessary to consider the ratio of ordinary profits as well as the ratio of operating profits to sales, and it is also important to consider sales productivity factors, such as the sales amount per a sickbed, by comparing them with other hospitals. As for limitations of this study, there may be some problems in terms of data interpretation because of the lack of information about the number of inpatients and the number of outpatients per year, which are needed for the break-even point analysis. Besides, to suggest a direction for the improvement of hospital management through analyses, non-financial factors should be reflected, such as the trend of economy, medical policies, and politic backgrounds. However, this study only focused on the common-type balance sheet, common-type profit and loss statement and financial ratio, so this study is actually limited to generalizing all the factors by analyzing public data only.

Tertiary Cytoreduction for Recurrent Epithelial Ovarian Cancer: a Multicenter Study in Turkey

  • Arvas, Macit;Salihoglu, Yavuz;Sal, Veysel;Gungor, Tayfun;Sozen, Hamdullah;Kahramanoglu, Ilker;Topuz, Samet;Demirkiran, Fuat;Iyibozkurt, Cem;Bese, Tugan;Ozgu, Burcin Salman;Vatansever, Dogan;Tokgozoglu, Nedim;Berkman, Sinan;Turan, Hasan;Bengisu, Ergin;Sofiyeva, Nigar;Demiral, Irem;Meydanli, Mutlu
    • Asian Pacific Journal of Cancer Prevention
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    • v.17 no.4
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    • pp.1909-1915
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    • 2016
  • Background: The purpose of this study was to determine the benefit of tertiary cytoreductive surgery (TC) for secondary recurrent epithelial ovarian cancer (EOC), focusing on whether optimal cytoreduction has an impact on disease-free survival, and whether certain patient characteristics could identify ideal candidates for TC. Materials and Methods: Retrospective analysis of secondary recurrent EOC patients undergoing TC at three Turkish tertiary institutions from May 1997 to July 2014 was performed. All patients had previously received primary cytoreduction followed by intravenous platinum-based chemotherapy and secondary cytoreduction for first recurrence. Clinical and pathological data were obtained from the patients' medical records. Survival analysis was caried out using the Kaplan Meier method. Actuarial curves were compared by the two tailed Logrank test with a statistical significance level of 0.05. Results: Median age of the patients was 49.6 years (range, 30-67) and thirty-eight (72%) had stage III-IV disease at initial diagnosis. Twenty six (49%) had optimal and 27 (51%) suboptimal cytoreduction during tertiary debulking surgery. Optimal initial cytoreduction, time to first recurrence, optimal secondary cytoreduction, time interval between secondary cytoreduction and secondary recurrence, size of recurrence, disease status at last follow-up were found to be significant risk factors to predict optimal TC. Optimal cytoreduction in initial and tertiary surgery and serum CA-125 level prior to TC were independent prognostic factors on univariate analysis. Conclusions: Our results and a literature review clearly showed that maximal surgical effort should be made in TC, since patients undergoing optimal TC have a better survival. Thus, patients with secondary recurrent EOC in whom optimal cytoreduction can be achieved should be actively selected.

Analysis of Adolescent Awareness of Radiation: Marking the First Anniversary of the Fukushima Nuclear Accident (청소년의 방사선 인식도 분석: 일본 후쿠시마 원전사고 1주년 계기)

  • Park, Bang-Ju
    • Journal of Radiation Protection and Research
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    • v.37 no.2
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    • pp.75-83
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    • 2012
  • Marking the first anniversary of the Fukushima nuclear accident, which took place on March 11th, 2011, the level of adolescent awareness and understanding of radiation was surveyed, and the results were then compared with those for adults with the same questionnaires conducted at similar times. A qualitative survey and frequency analysis were made for the design of the study methodology. Those surveyed were limited to 3rd grade middle school students, 15 years of age, who are the future generation. The questionnaire, which is a survey tool, was directly distributed to the students and 2,217 answers were analysed. The questionnaires were composed of 40 questions, and it was found that Cronbach's coefficient was high with 'self awareness of radiation' at 0.494, 'risk of radiation' at 0.843, 'benefit of radiation' at 0.748, 'radiological safety control' at 0.692, 'information sources of radiation' at 0.819, and 'impacts of Fukushima accident'. The results of the survey analysis showed that the students' knowledge of radiation was not very high with 67.4 points (69.5 points for adults) calculated on a maximum scale of 100 points (converted points). The impacts of the Fukushima nuclear accident were found to be less significant to adolescents than adults, and the rate of answer of "so" or " very so" in the following questions demonstrates this well. It was also shown that the impacts of the Fukushima accident to adolescents were comparatively low with 27.0% (38.9% for adults) on the question of "attitude changed against nuclear power due to the Fukushima accident," 65.7%(86.6% for adults) on the question of "the damages from the Fukushima accident was immeasurably huge," and 65.0% (86.3% for adults) on "the Fukushima accident contributed to raising awareness on the safety of nuclear power plants". The adolescents had a high rate of "average" answers on most of the questions compared with adults, and it can be construed that this resulted from adolescent awareness of radiation not being firmly rooted on themselves. This study was the first of its kind for surveying adolescents regarding the level of awareness of radiation after the Fukushima accident, and the results were compared with the survey results of adults, and they are expected to greatly contribute toward establishing a radiation policy by the government in the future.

Development of Analytic Hierarchy Process or Solving Dependence Relation between Multicriteria (다기준 평가항목간 중복도를 반영한 AHP 기법 개발)

  • 송기한;홍상연;정성봉;전경수
    • Journal of Korean Society of Transportation
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    • v.20 no.7
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    • pp.15-22
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    • 2002
  • Transportation project appraisal should be precise in order to increase the social welfare and efficiency, and it has been evaluated by only a single criterion analysis such as benefit/cost analysis. However, this method cannot assess some qualitative items, and cannot get a proper solution for the clash of interests among various groups. Therefore, the multi-criteria analysis, which can control these problems, is needed, and then Saaty has developed one of these methods, AHP(Analytic Hierarchy Process) method. In AHP, the project is evaluated through weighted score of the criteria and the alternatives, which is surveyed by a questionnaire of specialists. It is based on some strict suppositions such as reciprocal comparison, homogeneity, expectation, independence relationship between multi-criteria, but supposing that each criterion has independence relation with others is too difficult in two reasons. First, in real situation, there cannot be perfect independence relationship between standards. Second, individuals, even though they are specialists of that area, do not feel the degree of independence relation as same as others. This paper develops a modified AHP method for solving this dependence relationship between multi-criteria. First of all. in this method, the degree of dependence relationship between multi-criteria that the specialist feels is surveyed and included to the weighted score of multi-criteria This study supposes three methods to implement this idea. The first model products the degree of dependence relationship in the first step for calculating the weighted score, and the others adjust the result of weighted score from the basic AHP method to the dependence relationship. One of the second methods distributes the cross weighted score to each standard by constant ratio, and the other splits them using Fuzzy measure such as Bel and Pl. Finally, in order to validate these methods, this paper applies them to evaluate the alternatives which can control public resentments against Korean rail path in a city area.