• Title/Summary/Keyword: bodily Damage

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Mode of tooth movement according to the timing of orthodontic force application after extraction (발치 후 교정력 적용 시기에 따른 치아 이동 양상)

  • Han, Sung-Ho;Hwang, Hyeon-Shik
    • The korean journal of orthodontics
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    • v.30 no.1 s.78
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    • pp.9-17
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    • 2000
  • This study was performed to compare and analyze the mode of tooth movement according to the timing of orthodontic force application alter extraction. The upper right and left third incisors were carefully extracted at three-week interval in lout adult dogs. Both canines were used as an anchorage for the bodily movement of the upper second incisors. Orthodontic forte of 100 gm was simultaneously applied at one week after extraction on one side and four weeks after extraction on the other side using NiTi closed coil spring. While orthodontic force was applied for twelve weeks, the amount of tooth movement was measured at every second week with digital calipers. The animals were sacrificed at twelve weeks and histologic examination was executed to reveal any difference between both sides. The results were obtained as follows. 1. The tooth movement was likely to be faster in lout-week side 4han one-week side for the first two weeks while faster in one-week side during next two weeks 2. The rate of tooth movement was fastest during four to six weeks period, then decreased gradually. 3. The total amount of tooth movement was likely to be larger in one-week side compared to four-week side. 4. Any damage to tooth and periodontal tissue could not be seen in the histologic section of one-week side. These results suggest that earlier application of orthodontic force is better than later after extraction In terms of the rate of tooth movement.

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Recent Trends in Compensation for Mental Anguish of Airline Passengers (항공여객의 정신적 손해배상에 관한 최근 동향 - 미국 연방법원 판례를 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.1
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    • pp.33-62
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    • 2020
  • The current air transportation industry is facing a lot of changes not only in the quantitative growth of the market, but also in the legal aspects. For many years, the Warsaw Convention has contributed to the uniform discipline of civil carriers' legal liabilities arising from international aviation accident and has fulfilled the duties of legal guardians for the development of the air transport industry. In the process, however, the consumer interests of the air transport industry did not have much protection compared to other industries. In response, the Montreal Convention has effected for protecting the interests of aviation consumers, and there are numerous legal changes around the world to protect aviation consumers like passengers. The mental damages of airline passengers arising from the accident can also be understood as part of the protection of air consumers. Considering that the US Federal Court has dealt with the recognition of mental damages for air passengers since the early 1990s. However, Korean judicial precedent still excludes mental anguishes from the scope of damage compensation. From this point of view, it is considered academically meaningful to analyze the latest case of the US federal court. Recently, the United States Court of Appeal for the Sixth Circuit in Doe v Etihad Airways applied a different interpretation against the traditional opinion: passengers could not recover for mental distress unless that mental distress resulted from a bodily injury sustained in an airplane accident. The background of the court's conclusions can be explained in many ways, among other things, unlike the Warsaw Convention the new international rule, Montreal Convention is recognizing the importance of ensuring protection of the interests of consumers in international carriage by air and the need for equitable compensation based on the principle of restitution.

Studies on Anisakis Type Larvae (Anisakis 형(型) 유충(幼蟲)에 관한 연구(硏究))

  • Lim, Jung Teck
    • Korean Journal of Veterinary Research
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    • v.15 no.2
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    • pp.293-307
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    • 1975
  • As it has been known recently that anisakis type larvae harbouring in marine fishes are a causal agent of zoonosis to human and probably to land living mammal animals, attention was focused on the study on the larvae in an aspect of epidemiology or epizootiology. The present work was conducted from 1966 to 1975 for i) survey on the harbouring status of anisakis type larvae in marine fishes of this country, ii) observation on the response to the experimental infestation of the larvae to the pigs, in the reason that they could well fetid raw fish viscera occasionally containing the larvae as a high protein source of swine food, and iii) observation on the larval resistance and response to vermicidal agents for the purpose of prevention of the larval infection to the mammal animals. The data obtained in the studies were summarized as follows: 1. In the survey on the status of larvae harbouring in main species of marine fishes of this country, 15 species, a total of 1,940 fishes, were observed and the result was summarized in table 2. Average number of larvae, in upper rank of 5 out of all 15 species of fishes, were as highest as 156 larvae ranging 74 to 450 in Pseudosciaena manchurica (chamjogi), 54.5 ranging 15 to 240 in Trichiurus haumela (kalchi), 35.6 ranging 8 to 112 in Trachurus japonica (junggengi), 30.6 ranging 4 to 65 in Parapristipama trilineatum (benjari) and 20.5 ranging 3 to 48 in Nibea argentata (boguchi) respectively. In morphological observation, size of the larvae in the fishes were varied, ranging from 2 to 32mm long, and a tendency to larger size and number of larvae in the fishes, which were wider sea migration, higher age and lager bodily size, was observed The favorite places harbouring the larvae in fishes were mainly around the intraperitoneal viscera such as mesentery, omentum, liver, pyloric suspensory, fat tissue and cloaca, and rarely in body muscles of fish. Fishes heartily infested with the larvae showed stunted growth decreased egg formation and severe damage of liver. 2. In the experimental infestation of the larvae to normal pigs, as illustrated in table 3, a group with large dose of larvae (a total of 1,800 larvae, 300 larvae Per dose, twice in a dart for 3 days) showed acute clinical syndrome terminatine death with a week course, whereas two groups with less dose of larvae (a total of 180~360 larvae, 10 larvae per dose, at 5 days interval for 70~180 days) showed subclinical syndrome with remarkably stunted growth as. much as approximately one half of body size in contest to the control pigs. In the pathological findings, a group with large dose of larvae showed macroscopically larvae penetrating to the gastric wall with severe gastroenteritis, and histopathologically various acute lesions caused by active larvae penetration into the wall of stomach and interstine, whereas two groups with less dose of larvae showed chronic lesions such as hypertrophy and verminous granulomatous swelling of gastric wall, suggesting strongly the possibility of natural infestation of larvae to swine. 3. In the resistance of the larvae to the chemical solutions, the larvae tolerated for 2 days in 15 percent solution of sodium chloride and acetic acid, and for 7 days in 70 percent solution of ethyl alcohol. In the resistance to the temperature, the larvae died within 1 second at $62^{\circ}C$ and tolerated for 24 hours at $-3^{\circ}C$, 12 hours $-5^{\circ}C$ respectively. 4. For the experiment on the vermicidal effect to larvae, general vermicidal drugs such as Neguvon, Combantrin, antimony Potassium, piperazine adipate and piperazine dihydrochloride, oxidizer such as potassium permanganate and potassium chlorate, and dyes such as gentian violet and crystal violet were used, and among them, as illustrated in table 6, potassium permanganate was proved as the best. In the successive test for the practical use of potassium permanganate, vermicidal effect in seawater solution of potassium permanganate and common-water solution of potassium permanganate were compared, and then retested by dipping the fish viscera including the larvae into the two different solutions of potassium permanganate. The result through these tests indicated that 0.01 percent common water and sea-water solution of potassium permanganate could be apparently recommended as a preventive vermicidal solution, having 90 to 100 percent vermicidal effect by dipping for 12 to 24 hours even though sea-water solution of potassium permanganate had a tendency to slightly less effect than the common-water solution of potassium permanganate (Table 8).

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A study of pain perception related to IV therapy in hospitalized preschool children and their mothers (정맥주사와 채혈시 학령전기 아동과 어머니가 인지하는 동통)

  • 임지영
    • Journal of Korean Academy of Nursing
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    • v.22 no.1
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    • pp.49-67
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    • 1992
  • Most hospitalized children will experience physical pain as well as psychological distress. Preschool children's pain perception related to painful procedures can increase due to elevated anxiety and fear because they do not have understanding logical of their disease and hospitalization. In particular, they are distressed about needle - related procedures which are feared because they are seen to be a cause of bodily damage. This descriptive study attempted to identify pain perception levels in preschool children and their mothers. A self-reporting measurement and behavioral observation were used to collect the data. A total of 25 hospitalized preschool children and their mothers were investigated and data were collected about 60 painful procedures. Data collection was carried out by the researcher and two trained investigators from November first to December tenth. Three insruments were used to collect the data : Faces Pain Rating Scale(FPRS) developed by Beyer was used to measure the degree of preschool children's pain perception about painful procedures. The Visual Analogue Scale(VAS) devised by Huskisson was used to assess the degree of mothers' pain perception about their children's painful procedures. A Pain Behavioral Checklist based on the Procedure Behavior Check List by LeBaron and Zelter and modified by the researcher was used to observe behaviors of preschool children, their mothers, and nurses when the painful procedures took place. The data were analyzed by an SPSS program, and were tested using real numbers, percentages, Pearson correlation coefficient, t-test, and ANOVA. The results of this study are as follows : 1. Of all the painful procedures, the mean score for the FPRS for the preschool children's pain perception was 4.02 points, and the mean score for the VAS of mothers' pain perception was 10.92 points. 2. A Positive correlation which was statistically significant was found between the pain perception of preschool children and their mothers (r=.53, p<.01). that is, the higher the children's pain perception was, the higher their mothers' pain perception was. 3. The characteristics of the painful procedures related with children's pain perception as follows : The type of painful procedure was found to be statistically significant (F=23.44, p<.01), Among the three procedures Ⅳ starting was found to be perceived as the most painful procedures to the children. The greater the number of times that the procedure had been done, the higher the pain perception was (F=4.44, p<.01), and the longer the duration of the procedure, the higher the pain perception wa(r=.30, p<.05). Pain perception in the treatment room was higher than in the children's room(t=6.30, <.01), pain perception in the mother's presence was the higher than when the mother was not present (t=2.91, p<.01). 4. The characteristics of the painful procedures related with the mothers' pain perception as follows : The type of painful procedure was found to be statistically significant(F=6.01, p<.01). Among the three procedures Ⅳ sampling was found to be perceived as the most painful procedures to the mothers. The greater the number of times that the procedure had been done, the higher the pain perception was (F=5.95, p<.01), and the longer the duration of the procedure, the higher the pain perception was (r=.31, p<.05). Pain perception in the treatment room was higher than in the children's room (t=3.51, p<.01), but pain perception in the mother's presence showed statistically significant no difference. 5. Of all of the 19 children's behaviors during the painful procedures, the most frequent behaviors observed Were as follows in order of frequency “crying”, “screamirig”, “facial grimacing”, “physical resistance”, Of all of the nine methers' behaviors, the most frequent by observed in “console children”, “hold children”, “applaud children”, Of all of the 11 nurses' behaviors during the painful procedures, the mast frequent in order were “smiling”, “physical restraint”, “console children”, “praise children”. 6. A positive correlation between children's and mothers' pain perception and children's behaviors was found to be statistically significant (r=.65, p<.01, r=67, p<.01). Also the relationship between children's and mothers' pain percertion, and mothers' behavior was found to be statistically significant (r=.57, p<. 01, 4=.60, p<.01). The relationship between children's pain perception and nurses' behaviors was also found to be statistically significant (r=.46, p<.01), but there was difference between mothers' pain perception and nurses' behaviors.

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Liability of the Compensation for Damage Caused by the International Passenger's Carrier by Air in Montreal Convention (몬트리올조약에 있어 국제항공여객운송인의 손해배상책임)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.9-39
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    • 2003
  • The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

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