• Title/Summary/Keyword: duty of information to report

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The Functional Classification of Physician's Duty of Information and Liability for Violation of the Duty (의사 설명의무의 법적 성질과 그 위반의 효과)

  • Suk, HeeTae
    • The Korean Society of Law and Medicine
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    • v.18 no.2
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    • pp.3-46
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    • 2017
  • Physician's Duty of Information is classified into three categories by legal function: 'Duty of Information to Report' to fulfill the patient's right to know; 'Duty of Information to Guide' patient's convalescing and staying healthy; 'Duty of Information to Contribute' to patient's self-determination. We classify the physician's duty of information because the legal effect from the breach of duty varies accordingly. The legal effect is focused on damage compensation responsibility for breach of duty. When a physician violates 'Duty of Information to Report', he subjects himself to liability of compensation for infringing on the patient's 'Right to Know'. When a physician violates 'Duty of Information to Guide', she subjects herself to liability for general medical malpractice. Finally, when a physician violates 'Duty of Information to Contribute', the physician is basically liable for violation of the patient's 'Right to Self- Determination' which refers to infringement on freedom of choice. However, in the case of situation that patient's refusal to the medical treatment would be presumed, the physician bears all liability for the patient's damage which includes both of property and mental damage.

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Is the Korean Duty Free Shop Industry Monopolistic? (한국 면세점 산업의 구조, 독과점인가?)

  • Lee, Hee-Tae;Cha, Moon-Kyung
    • Journal of Distribution Science
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    • v.14 no.10
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    • pp.47-57
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    • 2016
  • Purpose - This study's purpose is to investigate the market structure of the Korean duty free shop industry that has received recent attention from researchers and practitioners. By raising the question of whether or not the Korean duty free shop industry is unequivocally monopolistic, a wider viewpoint is provided. The study seeks to offer insights and managerial implications for marketers and policy makers who are in charge of regulating major Korean duty free shops. Research design, data, and methodology - The authors use secondary data from various sources, including Korea Customs Service and the Moodie Report, to investigate the structure of the duty free shop industry of Korea. Based on several theories, they present various criteria and statistical evidence such as K-firm concentration ratio, HHI, consumer substitutability, excess profit, and marketing costs. Results - In terms of consumer substitutability, it is difficult to confirm whether or not the Korean duty free shop industry is monopolistic. Notwithstanding monopoly characteristics in terms of market share, neither the company Lotte nor Shilla appear to have market dominating power. It is not easy for either of them to control prices or to achieve a much lower operational profit ratio due to a dominant bargaining power. Moreover, the license is not an economic rent. In this situation, it is not easy for these companies to obtain an excessive profit. Conclusions - Considering that most global duty free shops are trying to go upscale to improve bargaining power, it does not seem likely that rigid regulations are needed in the industry. Even though the Korean duty free industry ostensibly has a monopolistic structure, government and policy-makers should look beyond the surface. They should take global and other reasonable criteria into consideration when they establish or change regulation policies. Thorough understanding and appropriate support are needed for the Korean duty free shop industry. Additionally, duty free shops should position themselves as global companies struggling against unlimited international competition, rather than Korean domestic companies. At the same time, they need to give customers appropriate information about the benefits they provide.

Patient's 'Right Not to Know' and Physician's 'Duty to Consideration' (환자의 모를 권리와 의사의 배려의무)

  • Suk, HeeTae
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.145-173
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    • 2016
  • A patient's Right to Self-Determination or his/her Right of Autonomy in the Republic of Korea has traditionally been understood as being composed of two elements. The first, is the patient's Right to Know as it pertains to the physician's Duty to Report [the Medical Situation] to the patient; the second, is the patient's Right to Consent and Right of Refusal as it pertains to the physician's Duty to Inform [for Patient's Consent]. The legal and ethical positions pertaining to the patient's autonomous decision, particularly those in the interest of the patient's not wanting to know about his/her own body or medical condition, were therefore acknowledged as passively expressed entities borne from the patient's forfeiture of the Right to Know and Right to Consent, and exempting the physician from the Duty to Inform. The potential risk of adverse effects rising as a result of applying the Informed Consent Dogma to situations described above were only passively recognized, seen merely as a preclusion of the Informed Consent Dogma or a denial of liability on part of the physician. In short, the legal measures that guarantee a patient's 'Wish for Ignorance' are not currently being understood and acknowledged under the active positions of the patient's 'Right Not to Know' and the physician's 'Duty to Consideration' (such as the duty not to inform). Practical and theoretical issues arise absent the recognition of these active positions of the involved parties. The question of normative evaluation of cases where a sizable amount of harm has come up on the patient as a result of the physician explaining to or informing the patient of his/her medical condition despite the patient previously waiving the Right to Consent or exempting the physician from the Duty to Inform, is one that is yet to be addressed; that of ascertaining direct evidence/legal basis that can cement legality to situations where the physician foregoes the informing process under consideration that doing so may cause harm to the patient, is another. Therefore it is the position of this paper that the Right [Not to Know] and the Duty [to Consideration] play critical roles both in meeting the legal normative requirements pertaining to the enrichment of the patient's Right to Self-Determination and the prevention of adverse effects as it pertains to the provision of [unwanted] medical information.

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A Study on Transition Factor of Audit Opinion (감사의견(監査意見)의 추이요인(推移要因)에 관한 연구(硏究))

  • Chung Youn-Hae
    • Management & Information Systems Review
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    • v.7
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    • pp.141-168
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    • 2001
  • The causes that the transparency of Korean accounting information was rated low, a short supply of faithful and transparent accounting information from the limitation of external audit environment must be pointed out. Purpose of the external audit is a expression of the auditors about that financial statements an enterprise made public were appropriately drew up in accordance with the corporate accounting principles from important point of view. Analysis of the audit opinion and so fourth according to 6,541 individual audit reports and introduced to the bill securities forward committee as a subject of external audit according to the raw of corporation external audit show that considerable change to the contents of audit report. This show as it is that uncertainty of future that is now being faced by our enterprise, because corporation which present audit reports since 1997 because of enterprise dishonor and contents of existence probability as a continued enterprise following to general economic crisis after 1998 occupy important position in special matters of audit report. Also, increase in special matters is due to application of the corporate accounting principles revised on December 11, 1998. In 1999, audit opinion under limitation(limitation, incongruity and rejecting opinion) increased greatly according to existence doubt as a continued enterprise, and this is the consequence of strengthening audit to the continues enterprise because of limited enterprise dishonor according to the stagnancy of business activities after 1997. Now financial supervisory service put in effect electromagnetic public announcement system about a project report of listed corporation (including an audit report) keeping pace with a documentary public announcement system as first phase since 1999 and expand to the unlisted corporation from 2000. As electromagnetic public announcement of public announcement documents including audit documents of external audit subject get a duty, approach of external user to the accounting information will be easier. Fixation of this system will make deep and wide analysis to the audit opinion, and this will draw up a plan to reconsider confidence of accounting information.

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A Study on the Charge Controller for Solar Street Lamp by Direct Duty Ratio Control (다이렉트 듀티비 제어에 의한 태양광 가로등용 충전제어기에 관한 연구)

  • Jang, Han-Gi;Lim, Jung-Yeol
    • Journal of IKEEE
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    • v.19 no.1
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    • pp.118-123
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    • 2015
  • According to the recent report, solar street lamp connected to a non Maximum Power Point Tracking(MPPT) charger, can lead to a system-wide decline in power output with as much as 30%. This paper proposes the charge controller with direct duty ration control for 250W solar street lamp in order to improve the efficiency of photovoltaic from these output power reduction. This paper covers the Pulse Width Modulation(PWM) controller and power conversion topology and analyze the MPPT method for charge controller. The power conversion part consists of push pull converter based on PWM controller using 8bit MCU in order to have lower manufacturing cost. The PWM controller with direct duty ratio control algorithm is constantly tracking the maximum power point of photovoltaic module and increases energy output power. The test results shows 97.1~97.4% MPPT efficiency and the experimental hardware is implemented based on the solar simulator condition for 241W. Thus, the implemented charge controller shows its feasibility for the real application, especially under solar street lamp.

Medical Certificate as an Evidence of Personal Injury (진단서의 증명력: 상해진단서를 중심으로)

  • Lee, Dongjin
    • The Korean Society of Law and Medicine
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    • v.18 no.2
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    • pp.47-73
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    • 2017
  • Medical certificate is a document to demonstrate a patient's health status, made up and signed by a physician, dentist, or oriental physician who attended the patient. It serves as an evidence in many official process including civil or criminal law suit, especially for one's personal injury. The Korean legal system also acknowledges and protects the evidentiary function of medical certificate by mandating physicians etc. to issue medical certificate in good faith and only when they personally attended the patient, and by criminally punishing them when they do not comply with these legal requirements. There are some reasons, however, that medical certificates often do not reflect the true health status of the patient: When physicians attend the patient and collect information regarding the health status of the patient, their priority is and should be the most cost-effective way to meet the health needs of the patient. It does not necessarily correspond to the accurate examination of the health status of the patient. Even when the patient's report on the history of the illness or the injury seems suspicious, physicians might have to avoid disproving it because that kind of attitude might harm the rapport between the physician and the patient. All these can distort the perception of the physicians and this distortion can be reproduced in the medical certificate they made up. Some of these problems might be resolved or at least enhanced by introducing new form of medical certificate which would guide physicians to reveal the nature, factual and theoretical grounds, and the limit of their findings more accurately. Others, however, would not be able to address, because it stems from the conflict between the physician's primary duty, duty to be loyal to the patient's life and health, and his secondary duty to serve as a public or neutral witness on the health status of the patient, and when both values or duties conflict with each other, they should choose the duty to the patient sacrificing the duty to the public or the court.

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Analysis for Traffic Accident of the Bus with Advanced Driver Assistance System (ADAS) (첨단안전장치 장착 버스의 사고사례 분석)

  • Park, Jongjin;Choi, Youngsoo;Park, Jeongman
    • Journal of Auto-vehicle Safety Association
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    • v.13 no.3
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    • pp.78-85
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    • 2021
  • Recently a traffic accident of heavy duty vehicles under the mandatory installation of ADAS (Advanced Driver Assistance System) is often reported in the media. Heavy duty vehicle accidents are normally occurring a high number of passenger's injury. According to report of Insurance Institute for Highway Safety, FCW (Forward Collision Warning) and AEB (Automatic Emergency Braking) were associated with a statistically significant 12% reduction in the rate of police-reportable crashes per vehicle miles traveled, and a significant 41% reduction in the rear-end crash rate of large trucks. Also many countries around the world, including Korea, are studying the effects of ADAS installation on accident reduction. Traffic accident statistics of passenger vehicle for business purpose in TMACS (Traffic safety information Management Complex System in Korea) tends to remarkably reduce the number of deaths due to the accident (2017(211), 2018(170), 2019(139)), but the number of traffic accidents (2017(8,939), 2018(9,181), 2019(10,095)) increases. In this paper, it is introduced a traffic accident case that could lead to high injury traffic accidents by being equipped with AEB in a bus. AEB reduces accidents and damage in general but malfunction of AEB could occur severe accident. Therefore, proper education is required to use AEB system, simply instead of focusing on developing and installing AEB to prevent traffic accidents. Traffic accident of AEB equipped vehicle may arise a new dispute between a driver's fault and vehicle defect. It is highly recommended to regulate an advanced event data recorder system.

Mass Media's Social Responsibility and Accountability: Focusing on Hutchins Report(1947) and Media Normative Theory (매스미디어의 사회적 책임과 어카운터빌리티: 허친스 보고서(1947)의 재고할 및 규범이론으로의 변천과정을 통해 본 현재적 의의와 과제)

  • Jung, Soo-Young
    • Korean journal of communication and information
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    • v.47
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    • pp.23-49
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    • 2009
  • The purpose of the study is to suggest contents, and a range of a Nonnative Theory and a practice for overcoming a crisis of the Mass media. In order to achieve the purpose of the study, a limitation and implication of Social Responsibility Theory was looked into by investigating a Hutchins Report. Hutchins Report suggested the related points at moral duty and legal obligation in implementing mass media's Social Responsibility and Accountability, with relations in publics and community. However, within a view point of a lack of Accountability, Social Responsibility Theory limited responsibility to the realm of 'function', 'self-regulation' and 'self-ethics', In order to promote mass media's quality and serve to rehabilitate its reliability under the pluralistic media system, the contents of Social Responsibility and its scope should be suggested. Media Accountability is a starting point to draw out the contents and scope of Social Responsibility and also a valid democratic plan for mass media to 'social self-regulation' through the mutual communication with civil society. For future Social Responsibility and Media Accountability that is suitable for various mass media, and contents and a range should be defined.

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An Efficient Neighbor Discovery Method for Cooperative Video Surveillance Services in Internet of Vehicles (차량 인터넷에서 협업 비디오 감시 서비스를 위한 효율적인 이웃 발견 방법)

  • Park, Taekeun;Lee, Suk-Kyoon
    • Journal of Information Technology Services
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    • v.15 no.4
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    • pp.97-109
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    • 2016
  • The rapid deployment of millions of mobile sensors and smart devices has resulted in high demand for opportunistic encounter-based networking. For the cooperative video surveillance of dashboard cameras in nearby vehicles, a fast and energy-efficient asynchronous neighbor discovery protocol is indispensable because a dashboard camera is an energy-hungry device after the vehicle's engine has turned off. In the existing asynchronous neighbor discovery protocols, all nodes always try to discover all neighbors. However, a dashboard camera needs to discover nearby dashboard cameras when an event is detected. In this paper, we propose a fast and energy-efficient asynchronous neighbor discovery protocol, which enables nodes : 1) to have different roles in neighbor discovery, 2) to discover neighbors within a search range, and 3) to report promptly the exact discovery result. The proposed protocol has two modes: periodic wake-up mode and active discovery mode. A node begins with the periodic wake-up mode to be discovered by other nodes, switches to the active discovery mode on receiving a neighbor discovery request, and returns to the periodic wake-up mode when the active discovery mode finishes. In the periodic wake-up mode, a node wakes up at multiples of number ${\alpha}$, where ${\alpha}$ is determined by the node's remaining battery power. In the active discovery mode, a node wakes up for consecutive ${\gamma}$ slots. Then, the node operating in the active discovery mode can discover all neighbors waking up at multiples of ${\beta}$ for ${\beta}{\leq}{\gamma}$ within ${\gamma}$ time slots. Since the proposed protocol assigns one half of the duty cycle to each mode, it consumes equal to or less energy than the existing protocols. A performance comparison shows that the proposed protocol outperforms the existing protocols in terms of discovery latency and energy consumption, where the frequency of neighbor discovery requests by car accidents is not constantly high.

Analysis of Disaster News Frame of Host Broadcaster for Disaster Broadcasting Services : Focusing on Zika Virus News (국내 재난 주관방송사의 재난보도 프레임 분석 : 지카 바이러스 보도를 중심으로)

  • Choi, Mideum;Chung, Heesoo
    • The Journal of the Korea Contents Association
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    • v.18 no.7
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    • pp.609-619
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    • 2018
  • Domestic broadcasting companies are obliged to provide the disaster information quickly to protect the public from the disaster, and people can prepare the disaster. Especially, Korea Broadcasting System (KBS) has a duty to deliver disaster news more quickly and accurately than other broadcasting companies because it is designated as a host broadcaster for disaster broadcasting services in accordance with Article 43 of the Broadcasting Act. This study examined how the KBS deals with social disaster news related to Zika virus, and evaluated whether they used the frames in a timely manner to help people prepare a disaster. Based on the results of this analysis, this study tried to suggest practical implications for measures to improve the efficiency and reliability of disaster news report.