• Title/Summary/Keyword: compensation of the damage

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Review and Improvement of Alternative Medical Dispute Resolution Through Case Studies (사례연구를 통한 소송이외의 의료분쟁 해결방안의 검토와 개선방안)

  • Kang, Eui Sung;Kim, Jang Mook;Sung, Dong Hyo;Mok, Nam Hee
    • Korea Journal of Hospital Management
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    • v.18 no.3
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    • pp.106-125
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    • 2013
  • Medical litigation, as a method of resolving medical disputes, has been a huge burden on both the patient and medical institution as it is both costly and time-consuming. The Korea Medical Dispute Mediation and Arbitration Agency has created a dispute mediation process as a method of alternative dispute resolution(ADR). Being in its early stage of implementation, there are still areas requiring improvement as some functions overlap with the Korea Consumer Agency's damage redress and mediation process. This study examines the problems of existing practices in medical litigation while reviewing the mediation process of the two agencies from legal/administrative aspects, and provides an in-depth analysis of the situation through case studies and interviews. While the Korea Medical Dispute Mediation and Arbitration Agency offers many advantages in resolving medical disputes, there must be a distinct division of roles and mutual cooperation with the Korea Consumer Agency. Considering the increasing amount of compensation in medical disputes, medical professionals are being requested to carry medical malpractice insurance. However, this has yet to become a general trend in the medical field despite the growing social demand. As such, the coverage of medical malpractice insurance should be expanded to prevent medical accidents from escalating into medical disputes, thus acting as a social safety net. This study seeks to examine the methods of medical dispute resolution and to allow institutional provisions to reduce the social costs arising from such disputes.

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A Study on the Investor Protection Principle as a Legal Basis of Investor - State Dispute Settlement(ISDS) (투자자-국가 분쟁해결(ISDS)의 대상이 된 투자자 보호원칙에 관한 연구)

  • Kim, Kyung-Bae
    • Journal of Arbitration Studies
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    • v.19 no.1
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    • pp.121-145
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    • 2009
  • South Korea has investment agreements such as FTAs, BITs with several countries. Up to now, no single case has been registered against the Korean government on breach of investment agreements, but it is likely that the number of such cases would increase. Therefore, an investor-state dispute settlement system, an arbitral procedure by which a foreign investor may seek compensation of damage against the host country, is gaining its importance. The provision of the ISDS has been one of the hottest issues in Korea while the Kor-US FTA was being signed. In this respect, with the growing number of regional agreements such as BITs and FTAs, a careful scrutiny on the ISDS is necessary for Korea. I have therefore studied theoretically subjects including the National Treatment(NT), the Most-Favored Nation(MFN), Fair and Equitable Treatment and Expropriation - those that have been the objects of protection on investors. And I have analyzed ICSID arbitral awards and provided implications. In the ICSID arbitral awards, the Fair and Equitable Treatment turned out to be the most recognized violation on investors by the host State in terms of investor protection. On the other hand, Indirect Expropriation - a matter of which public anxiety was shown led by civic groups - was not generally recognized in arbitral awards. This study is written for sake of governments, local autonomous entities and public enterprises that are in charge of FTAs and BITs.

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Analysis of Frequency Response of Piezo Stages and Scanning Path Monitoring/Compensation for Scanning Laser Optical Tweezers (주사 레이저 광집게를 위한 압전 구동기 주파수 특성 분석과 주사 경로 추적 및 보상)

  • Hwang, Sun-Uk;Lee, Song-Woo;Lee, Yong-Gu
    • Korean Journal of Optics and Photonics
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    • v.19 no.2
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    • pp.132-139
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    • 2008
  • In scanning laser optical tweezers, high speed scanning stages are used to manipulate a laser beam spot. Due to the inertia of the stage, the output scanning signal decreases with increased frequency of the input signal. This discrepancy in the signals is difficult to observe since most of the energy from the laser beam is blocked out to avoid CCD damage. In this paper, we propose two methods to alleviate these problems. Firstly, frequency responses of piezo stages are measured to analyze the signal drops and the input signal is compensated accordingly. Secondly, an overlay of the scanning path is drawn on the live monitoring screen to enhance the visibility of the scanning path. The result is a drop-compensated scanning with clear path view.

The Liability on the Damage of Soil Pollution (토양오염의 피해에 대한 책임)

  • Cho, Eun-Rae
    • Journal of Soil and Groundwater Environment
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    • v.10 no.6
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    • pp.1-9
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    • 2005
  • Soil is polluted by an agricultural chemicals, the effluence of a crystal and sewage sludge, illegal discharging of waste water or waste matter and so on. Soil pollution that accompanies a groundwater and the crops contamination has a large effect on people's living. By polluters pay principle, when a soil was polluted, polluters take the responsibility of clean-up and compensation for damages. The character of the responsibility is a strict liability. When joint polluters exist in a soil pollution, they bear collective responsibility. But they are exempted from obligation in case of a natural calamity and war. The polluters who are poor contribution of pollution take a partition responsibility but it is not easy to prove that. The concerned parties of purification liability in a soil pollution are polluter, an owner or occupant of a contaminated site, and a grantee. But when we do not appoint the polluter or he cannot do a cleanup, municipal must put in effect the purification. In such a case, another parties who are related to the contamination should take upon themselves a liability. The province of responsible parties, therefore, is required to extend to an owner or operator of a facility, a carrier and lender.

Seismic behavior of structural and non-structural elements in RC building with bypass viscous dampers

  • Esfandiyari, Reza;Nejad, Soheil Monajemi;Marnani, Jafar Asgari;Mousavi, Seyed Amin;Zahrai, Seyed Mehdi
    • Steel and Composite Structures
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    • v.34 no.4
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    • pp.487-497
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    • 2020
  • During the last few decades, fluid viscous dampers have been significantly improved in terms of performance and reliability. Viscous dampers dissipate the input energy into heat and the increased temperature may damage internal seals of the damper. As a result, thermal compensation is crucial for almost all fluid viscous dampers. In this study, while referring to the main working principles of the recently developed bypass viscous damper in Iran, a comprehensive case study is conducted on a RC building having diagonal braces equipped with such viscous dampers. Experimental results of a small-scale bypass viscous damper is presented and it is shown that the currently available simplified Maxwell models can simulate behavior of the bypass viscous damper with good accuracy. Using a case study, contribution of bypass viscous dampers to seismic behavior of structural and non-structural elements are investigated. A designed procedure is adopted to increase damping ratio of the building from 3% to 15%. In this way, reductions of 25% and 13% in the required concrete and steel rebar materials have been achieved. From nonlinear time history analyses, it is observed that bypass viscous dampers can greatly improve seismic behavior of structural elements and non-structural elements.

Status of Government Supports to Overcome the Hebei Spirit Oil Pollution Accident and Suggestion of Responsive Policies (허베이스피리트호 유류오염사고 극복을 위한 정부지원 현황 및 대응정책 제언)

  • Chung, Kwang-Yong;Lee, Seung-Hwan
    • Journal of Digital Convergence
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    • v.10 no.7
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    • pp.153-159
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    • 2012
  • The Hebei Spirit oil pollution accident which occurred in Tae-an in 2007 has brought considerable impacts on the surrounding environment such as struggles among the regions and the residents in the damaged area as well as devastation of local economy and ocean environment. The majority of the impact was related with economic problem. Also, the main factor to cause the regional community conflict was found to be firstly economic problems and secondly the insufficiency of government's management system and policy measures for the community conflicts. Therefore, the government's policy to overcome oil accidents should focus on improvement of the economic support systems and conflict resolution. In this study, the support policies taken by government after the Hebei Spirit accident was examined and responsive policies which can be used by government in future accidents are suggested.

A Case Study on the MRI Profitability of a General Hospital (한 종합병원의 MRI 채산성 사례 연구)

  • Kang, Chang-Yeol;Song, Sung-Ho;Lim, Kyeong-Tae
    • The Korean Journal of Health Service Management
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    • v.4 no.1
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    • pp.145-156
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    • 2010
  • The purpose of this study is one of high price medical equipment wished to grasp propriety factor about the MRI introduction, analyzing payability through cost accounting into compensation. It was investigated from January 1 to December 31, 2007 about the MRI of a General Hospital. Expectation availability was 23.2 cases, but actual availability did achievement more than 196.1% with 45.5 items. It is estimated that there are a lot of occurrence cases because great reasons that actual availability increases more than expectation availability is excellent resolving power than a CT, and is device that prefer to reason back that radiation damage is less in person body. The followings show the main results of this study. 1. The MRI was construed in order of cost accounting, wave and personnel expenses 45.4%, administrative expenses 53.0%, and material costs 1.6%. 2. According to CVP (Cost-volume-profit) analysis, BEP (Break Even Point) profit is 173,931,428 won for 11 months, and break even usage number of items are 37.5 cases, and separation usage number of items were confirmed by 1.4 cases. Therefore, was construed that can achieve BEP within 11 months though usage number of items keeps 1.4 items day to create the MRI's hospital operation profit. 3. Estimated limit profitability appears high by 96.7%, exceed fixed charges even if when is non-benefit and when it is benefit consider variable, is judged that the MRI's addition induction helps in hospital management enhancing earning rates.

Developed using Quadcopter Crop Protection and Monitoring System from Wild Animals (쿼드콥터를 이용한 야생동물로부터 농작물보호 및 감시 시스템 개발)

  • Lim, Hyeon-Woo;Jie, Min-Seok;Choi, Won-Hyuck
    • Journal of Korea Entertainment Industry Association
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    • v.10 no.4
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    • pp.303-310
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    • 2016
  • Due to population explosion and develop of the industry, expressways, national roads and railways has been developed a lot. But it increased the disconnection of the ecosystem. The phenomenon of wild animals' habitat simplification has been increased. The damage appeared in succession because of the harmful wild animal. Our country is making efforts relief of some affected farming household's financial compensation. But the affected populations can't sleep at night or they are suffering in their basic life because of this kind of night patrol. This research is based on the study of wild animal's ecosystem and their habits, generate and regenerate supersonic waves and infrasound, prevent wild animal's approach to some extent and stop the approximation effectively, focusing on develop a quadcopter about discrete pulses system.

Full-mouth rehabilitation without changing the vertical dimension in patient with worn dentition (마모된 치열을 가진 환자에서 수직교합고경 변화 없이 수복한 증례)

  • Kim, Minuk;Kim, Nahong;Jang, Hee-Won;Lee, Yong-Sang
    • The Journal of Korean Academy of Prosthodontics
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    • v.54 no.2
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    • pp.160-166
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    • 2016
  • Although physiologic abrasion in normal range need not to be corrected, when hard tissue of teeth are worn abnormally fast, it can cause severe damage and destroy esthetics and, functional structure of occlusion consequently. To establish a correct occlusal plane and space for the patient with worn dentition, it is necessary to increase vertical dimension. However, actual occlusal vertical dimension remains unhanged with compensation for the increase of alveolar bone height equivalent to the decrease of teeth length. A 74-year-old male presented with worn dentition and fractured tooth. Based on the assessment of OVD including clinical findings, full-mouth rehabilitation without increase of OVD was planned. This case presents that a satisfactory clinical result was achieved by restoring the worn dentition without changing occlusal vertical dimension.

A Study on the Profiling System in the Aviation Security (항공보안에서의 프로파일링 연구)

  • Hwang, Ho-Won;Lee, Kyu-Hang
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.2
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    • pp.155-175
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    • 2007
  • As intellectual terror threats increase, we feel the limit in coping with those threats and the things we do are placing traditional X-ray machines & ETD and increasing aviation security staffs. In fact, even if air transportation system is the fast and most efficient transportation methods, it is true that there are many inconveniences to endure due to terror threats. In the name of security, even if we make a lot of efforts and time to screen both good-natured passengers, baggage, cargo and suspicious passengers, it is impossible to screen perfectly and it is not an efficient methods. Therefore, we introduce profiling system that reduce the effort to screen good-natured passengers but focus on screening dangerous passengers and baggages. Profiling system strengthens aviation security, using the concept "Selection & Concentration". Israel started to introduce manual profiling system in aviation security, which is interviewing suspicious passengers and it has been used in crime investigation since 1960. And it has been upgraded and diversified to CAPPS(Computer Assisted Passenger Screening Program) and SPOT(Screening Passenger by Observation). So, this theses is to study on the concept & kind of profiling and profiling methods adopted in airlines. Also it presents the method of introduction of profiling system in Korea and the necessity of making law on it.

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