• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.3-28
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• 2016

While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

• Journal of Science and Technology Studies
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• v.15 no.2
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• pp.229-262
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• 2015

Toxic tort cases have increased dramatically since the 1970s, as large technological systems, such as nuclear power plants and chemical factories, or mass-produced, high-tech products, had exposed citizens and consumers to dangerous substances. It was, however, difficult to establish causal connection between exposure and the alleged harms in many of the environmental, pollution, and product liability cases under the framework of tort law conception of causation and responsibility. Science and law was called upon to resolve such 'late modern' legal cases where true causes are hard to find, where no single explanatory factor is sufficient for explaining diseases like cancer. This article examines how plaintiffs in the Korean tobacco litigation mobilized such late modern tools in science and law, such as epidemiology and the allocation of the burden of proof, in the context of the global circulation of science and law. It further shows how a set of the scientific theories and legal arguments developed in order to cope with late modern risk played a central role in establishing a causation between smoking and cancer in 2011. This article suggests that STS scholars can fruitfully examine the interaction between science and law as a way to understand and engage with social and legal issues engendered by late modern risk.

• Proceedings of the KSCN Conference
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• 2003.05a
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• pp.143-143
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• 2003

Reactive oxygen species are highly reactive oxidant molecules and react with cellular components, causing oxidative damages. These damages may play a significant role in the causation of several chronic diseases. Antioxidative defence systems are present in the body to protect cells from oxidative damages. The first line of defence include dietary antioxidants and enzymes such as superoxide dismutase. Cynanchum wilfordii Hemeseley has been used for centuries as a tonic nutraceutical in China and Korea. (omitted)

• Proceedings of the Korean Operations and Management Science Society Conference
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• 2000.10a
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• pp.52-55
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• 2000

The purpose of this study is to develope a stage management model for R&D projects using expert system in order to evaluate the successful accomplishment and diagnose the success level of projects at each development stage. Constructing this model, we classified the development projects for electronic parts, and designed the basic system structure through causation analysis between the factors of success influence and R＆D process. We gathered the input data of expert system by enquete survey, and used ID3 algorithm in order to extract the reasoning rule.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2011.06a
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• pp.225-226
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• 2011

IALA Waterway Risk Assesment(IWRAP)에서 선박의 충돌확률은 기하학적인 선박의충돌확률(geomatric probability)에 인과관계 확률(causation probability) 곱한 값으로 해당수역의 양적인 충돌확률 평가에 이용되고 있다. 이를 통해 목포대교부근에 통항하는 선박의 선종별 충돌확률 및 입출항 선박 전체 충돌 확률 값을 분석하고자 한다.

• Journal of Korean Neurosurgical Society
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• v.61 no.4
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• pp.474-477
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• 2018

Objective : From November 30, 2016, the Korean Government carried the revised Medical Dispute Mediation and Arbitration Act into effect. Mediation will start automatically without agreements of the defendant, when the outcome of the patient was death, coma more than a month or severe disability. Cerebral aneurysm has a definite risk of bad outcome, especially in the worst condition. Any surgical intervention to this lesion has its own high risk of complications. Recently, Seoul central district court decided 50% responsibility of the doctors who made a rupture of the aneurysm during coiling (2015Ga-Dan5243104). We reviewed judicial precedents related to cerebral aneurysms in lawsuit using a web search. Methods : We searched judicial precedents at a web search of the Supreme Court, using the key words, "cerebral aneurysm". Results : There were 15 precedents, six from the Supreme Court, seven from the High Court, and two from district courts. Seven precedents were related to the causation analysis, such as work-relationship. Five precedents were malpractice suits related bad results or complications. Remaining three precedents were related to the insurance payment. In five malpractice precedents, two precedents of the Supreme Court reversed former two precedents of the High Court. Conclusion : Judicial precedents on the cerebral aneurysm included not only malpractice suits, but also causation analysis or insurance payment. Attention to these subjects is needed. We also need education of the independent medical examination. To avoid medical disputes, shared decision making seems to be useful, especially in cases of high risk condition or procedures.

• Journal of Korean Medicine Rehabilitation
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• v.19 no.2
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• pp.157-185
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• 2009

Objectives : The aim of this study is to suggest approach of oriental medical management and necessity by research of eastern and western medical literatures for Complex Regional Pain Syndrome(CRPS). Methods : We reviewed the clinical and experimental literatures of eastern and western concerned with CRPS which is related causation, signs and symptoms, diagnosis, etiology and management. Results : 1. CRPS is divided into type I and II by nerve injury. Two types of CRPS have been recognized: type I, corresponds to RSD and occurs without a definable nerve lesion, and type II, formerly called causalgia refers to cases where a definable nerve lesion is present. These conditions can be charaterized clinically by the sensory abnormalities, vascular abnormalities, oedema, sweating abnormalities, motor or trophic changes. 2. CRPS are well known to patients and physicians relatively, but the pathophysiology, causation and treatments are still unclear. 3. CRPS is needed to take the early diagnosis and multidisciplinary approach for significant effect. 4. CRPS can be regarded for obstruction syndrome of Ki and blood(痺證), blood stasis(瘀血), Wei symptom(痿證), numbness(痲木) in the oriental medical management of CRPS. Conclusions : Above the results, it is suggested that further studies and active approach of management of CRPS will be conducted precisely in oriental medicine.

• Korean Journal of Logic
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• v.22 no.1
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• pp.183-209
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• 2019

In this paper, I first examine Reiss'(2005) arguments for the causal instrumental variable. Second, I argue that the conditions for causal transitivity I consider meet what the causal instrumental variables and the interveners of the manipulation theory of causation are intended to hold. Reiss shows that two conditions for instrumental variables are not sufficient for causal significance of independent variables for dependent variables. Reiss articulates and reformulates the conditions for instrumental variables in terms of the conditions on causality, while naming his instrumental variables as causal instrumental variables. Reiss argues that the causal instrumental variables are similar to the interveners of the manipulation, or intervention theory of causation. He further argues that the causal instrumental variables do a better job the interveners do. I argue that the conditions for causal transitivity I consider meet the goal the conditions for the causal instrumental variables and the conditions for the interveners both are intended to achieve.

• Safety and Health at Work
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• v.1 no.1
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• pp.87-97
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• 2010

Objectives: This study was conducted to investigate the effect of trust on work stress. Trust can be classified into three dimensions; social trust, institutional trust, and trust in others. The relationship between work stress and trust is regarded as having three components. First, trust has an influence on work stressors as an antecedent variable; secondly, trust modifies the effect of the various stressors, and finally, trust is one of the stressors. Methods: Data for this study was collected by interviews and self-administered structured questionnaires from 376 Korean and 77 Japanese workers in small businesses. Subjects were selected by two stage stratified random sampling from the working population of manufacturing industries. Results: Three different positions of trust are significantly related with the stress causation web. Social trust, institutional trust and trust in others significantly influence different work stressors in both Korean and Japanese workers. Three different kinds of trust influence work stressors among Korean workers, but institutional trust has no impact on work stressors among Japanese workers. As a moderating variable for perceived stress, distrust in an employer is statistically significant in both groups. However, stress symptom prevalence among Korean workers is modified by caution, trust in career development, and distrust in co-workers, but that of Japanese workers is modified only by distrust in employer. Job satisfaction of Korean workers is affected by general trust, utility of relation, institutional trust and trust in employer, but among Japanese workers, caution, reputation and trust in employer have influence on job satisfaction. Conclusion: The effect of trust on work stress, perceived stress, stress reaction and job satisfaction are different among Korean workers and Japanese workers. Three dimensions of trust have three different positions as antecedent, moderating and mediating factors in stress causation.

• Physical Therapy Korea
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• v.28 no.3
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• pp.161-167
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• 2021

Understanding sciences behind fall-related hip fractures in older adults is important to develop effective interventions for prevention. The aim of this review is to provide biomechanical understanding and prevention strategies of falls and related hip fractures in older adults, in order to guide future research directions from biomechanical perspectives. While most hip fractures are due to a fall, a few of falls are injurious causing hip fractures, and most falls are non-injurious. Fall mechanics are important in determining injurious versus non-injurious falls. Many different biomechanical factors contribute to the risk of hip fracture, and effects of each individual factors are known well. However, combining effects, and correlation and causation among the factors are poorly understood. While fall prevention interventions include exercise, vision correction, vitamin D intake and environment modification, injury prevention strategies include use of hip protectors, compliant flooring and safe landing strategies, vitamin D intake and exercise. While fall risk assessments have well been established, limited efforts have been made for injury risk assessments. Better understanding is necessary on the correlation and causation among factors affecting the risk of falls and related hip fractures in older adults. Development of the hip fracture risk assessment technique is required to establish more efficient intervention models for fall-related hip fractures in older adults.