• Title/Summary/Keyword: economic compensation

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The Problems in the Medical Dispute Mediation Process According to the "Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes" and the Alternative Propsal (의료분쟁조정제도 운영에 따른 문제점 및 개선 방안)

  • Hwang, SeungYun
    • The Korean Society of Law and Medicine
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    • v.14 no.1
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    • pp.85-116
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    • 2013
  • Korea Medical Dispute Mediation and Arbitration Agency, "K-MEDI" in abbr. herein-after, is established on Apr. 9, 2012 according to the law cited in the title above for the purpose of settling medical disputes in a prompt, fair and efficient manner. Two special professional organizations are established in K-MEDI, one of them is Medical Dispute Mediation and Arbitration Committee(hereinafter referred to as the "Mediation Committee") and the other Medical Malpractice Appraisal Board(hereinaf-ter referred to as the "Appraisal Board"), the mission of the latter is to investigate the facts concerning the disputed medical conduct and to research as to and apprai-se whether the medical conduct was negligent and whether a causal relationship exists. Each panel organized in the Mediation Committee or the Appraisal Board shall be comprised of five mediators or appraisers, including necessarily a judge or a prose-cutor respectively and any disputed case regardless of the scale, the importance or the complicacy shall be handled by a panel. As the system is not thought efficient or economic, the number of the members comprising a panel or total members com-prising the Mediation Committee or the Appraisal Board shoud be adjusted, and the process shoud be versified, including the "Rapid Process," for instance. A petition for the mediation of a medical dispute shall be rejected if the respondent fails to notify K-MEDI of his/her intention to accede to the mediation within 14days from the day on which the petition for the mediation was served(Art. 27 Cl. 7). As the option of an arbitrary decision whether the mediation proceedings shall be commenced or not given to the respondent by the clause is thought unfair, making the process unstable, and moreover, diminishing the purpose of the system established by the law cited above for solving the medical disputes, the clause shoud be amended not to allow the respondent the option of such an arbitrary deci-sion. K-MEDI shall conduct the "Program for Compensation of Medical Accidents"(Art 46) according to which unavoidable injuries caused by the medical accidents in the cour-se of childbirth and the "Advances for Damages"(Art. 47) that are the compensating moneys paid to victims in medical malpractice cases who fail to receive money at all or partly from the operator or the professional of a public health or medical institution although he/she has a final and conclusive right to be paid by them. Some operators or professionals of such institutions claim that both the programs violate their fundamental rights assured by the constitution, and that it be a justifica-tion of refusal to accede to the mediation. As any of the programs needs not to be conducted by K-MEDI, it may be a proper solution to change the conductor of the programs to avoid the unproductive controversy.

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Change of Skin Temperature of Workers Using Vibrating Tools in Anthracite Mines (진동공구 사용근로자의 피부온도 변화)

  • Roh, Jae-Hoon;Moon, Young-Hahn;Shin, Dong-Chun;Cha, Bong-uk;Cho, Soo-Nam
    • Journal of Preventive Medicine and Public Health
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    • v.21 no.2 s.24
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    • pp.357-364
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    • 1988
  • By implementing epoch-making policies for industrial promotion, the national economy has made a remarkable development. As a result of such economic growth, industrial accidents and occupational diseases have become a serious problem in Korean society. In the presidential order for the execution of the Korean Labor Standard Law, neuritis and other diseases stemming from health impairments due to vibrations in industrial processes are designated to be dealt with as vibration diseases. In the case of vibration disease, industrial accident compensation is not effectively paid. In order to investigate the vibration hazards of rock-drill operation, the authors studied the subjective symptoms and performed physical function tests on a total of 79 persons (vibration exposed group) who used rock-drills, and 39 persons (control group) who did not use rock-drills at anthracite mines. The results of the physical function test were as follosws : 1. The right hand was more affected by white finger than the left hand. 2. Independent variables such as duration of rock-drill operation, age, drinking and smoking were indentified as statistically significant factors for the occurrence of white finger. 3. In the pain sense threshold, the group with Raynaud's phenomenon showed a statistically higher level than that of the control group. 4. The skin temperature of the group with Raynaud's phenomenon was lower than that of the control group. The recovery time of skin temperature aftr cooling was delayed compared with the value of the control group.

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A Study on the Problems and Development of the Benefits in Work Injury Insurance (산재보험 급여체계의 합리화 방안에 관한 연구)

  • Kim, Jin-Soo
    • Korean Journal of Social Welfare
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    • v.37
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    • pp.119-141
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    • 1999
  • Korea paid attention to the work injury insurance in the early economic development stage as other developed countries did. Thus "The industrial Accident Compensation Insurance Law" was legislated in 1963 and it is now expanded to apply to the workplace with five or more employees. Beside the low coverage of the number of employees, the scope of benefits are the problem of work injury insurance. The work injury insurance's main benefits are for the loss of income and the medical cost caused by occupational accidents. On the other hand, the investment on the prevention accident and the medical, social and employment rehabilitation is very low, even though the occupational accident pension is higher than that in other OECD countries. Practically lay-off benefits and survivor' benefit for some special workers are paid more than they need, therefore they want to remain under the benefit condition and the medical care days are longer. This paper indicates the problems of work injury insurance and suggest how to improve the functions of it.

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User Value Factors of Internet of Things(IoT) Service (사물인터넷 서비스의 사용자 가치 요인)

  • Park, Joo Hyun;Ryoo, Han Young
    • Journal of the HCI Society of Korea
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    • v.11 no.2
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    • pp.23-30
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    • 2016
  • The Internet of Things(IoT) market is growing exponentially as a core growth engine of the future. Major companies of the world are competitively providing the IoT services to dominate the IoT market first and create ecosystem around their companies. In order to establish the IoT services and contribute to the related industry, they will need to make efforts to provide the IoT services that the users desire, and which the users can have new experiences with. Thus, we attempted to draw out the user value factors to help successful IoT service development. For this purpose, we explored the meaning and concept of IoT, drew out a trend matrix of IoT through the literature review related to IoT and conducted a survey through the user values established by the literature related to IoT and the focus group interviews. As a result, we identified thirteen user value factors of the IoT services, which are manageability, relationship, familiarity, expandability, simplicity, entertainment, safety, economic feasibility, compensation, automation, rapidity, informativity and environment-friendliness. This study is expected to be used as a basic material in understanding the IoT services and as standards or assessment items to develop the IoT services that the users want.

Income Analysis on the Cultivation of Major Medicinal Herbs (주요 약초류 재배에 대한 소득분석)

  • Kang, Hag Mo;Chang, Cheol Su;Kim, Hyun;Choi, Soo Im
    • Journal of Korean Society of Forest Science
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    • v.104 no.3
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    • pp.495-502
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    • 2015
  • This study intended to provide basic data required in establishing policies for improving the forestry management and the compensation standard for the loss from non-timber forest products by examining the cost of cultivating key medicinal herbs and the earnings from them to analyze the income. According to the income analysis on the cultivation of medicinal herbs, the average annual income per unit area of Adenophora triphylla var. japonica Hara was the highest as it recorded 14,233,000 won/10a and was followed by Pleuropterus multiflorus TURCZ. which recorded 4,121,000 won/10a, Gastrodia elata Blume 3,766,000 won/10a, Epimedium koreanum Nakai 3,537,000 won/10a, Atractylodes ovata (Thunb.) DC. 2,655,000 won/10a, Aralia continentalis Kitagawat 1,048,000 won/10a, Paeonia lactiflora Pallas 1,025,000 won/10a, and Bupleurum falcatum L. 919,000 won/10a. Compared with the income from major nuts and fruits analyzed in 2014, the average annual income per unit area for medicinal herbs was relatively higher. For Adenophora triphylla var. japonica Hara and Aralia continentalis Kitagawat, soots are used for food and the roots for medicine, it appears that it can become a new income source for the farming and mountain villages. Meanwhile, the price for Paeonia lactiflora Pallas is dropping due to Chinese imports, and also damage to the income from other medicinal herbs due to Chinese imports is expected with the implementation of Korea-China FTA in the future.

Phenomenological Study of Guard's Recognition for Organization and Vocation (경호원의 조직 및 직업인식에 관한 현상학적 연구)

  • Song, Gyu-Geun;Lee, Ki-Se
    • Korean Security Journal
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    • no.32
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    • pp.123-150
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    • 2012
  • The purpose of this study was to seek practical intelligences for certain persons who wish to be a guard by studying for what practical public guards' recognition of organization and vocation is. The results of this study were as follows. First, Six study participants presented 'Respect within members', 'Atmosphere like family', 'Premium members', and 'Economic compensation & wealth of budget' as essential requirements for the best guard organization. Second, they also presented 'Systematic daily task & training', 'Exact selection system', and 'Strong cohesion & teamwork' as strong points of their organization. Third, they mentioned 'Internal evaluation system', 'Lack of education contents', and 'Limited position circulation' as weak points of their organization. Fourth, they mentioned that they feel encouraged itself as they work in the best guard organization, while they were skeptical when the citizens did not cooperate with them and they were not fully rewarded for their injury. Fifth, they expressed 'Difficulty of business cooperation', 'Unstable living patterns', 'Inconsistent assessment', and 'Continuing tension' as difficulties for performing the duties and stress causes. Lastly, they recognized of job security and self-esteem as they work in the best guard organization as advantages of a job, while they recognized of controlled life, low salaries and welfare level compared to duty importance and risks as disadvantages of a job. Consequently, students who wish to be a guard should consider job and organization attributes and set their career goals refer to these results.

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Admissibility of Subrogation Arbitration in the view of Firm Offer Hypothesis (확정오퍼가설 관점에서 바라 본 대위중재의 허용여부)

  • Cho, Chung-Kon
    • International Commerce and Information Review
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    • v.15 no.4
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    • pp.287-311
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    • 2013
  • The arbitration parties may disagree with the arbitrator's award about whether they are eligible for the dispute case. While lots of disputes cases relating to subrogation are arising, it is not easy to find subrogation arbitration system to handle them clearly. The main issue is an availability of subrogation arbitration in case of the dispute which the insurer requests the arbitration against the carrier according to the arbitration clause of Bill of Lading. The direct parties of arbitration clause of the B/L are the carrier and the holder of the B/L. Could the insurer get the position of the arbitration party in stead of the holder of the B/L after compensation if there was an accident of insurance on the way of carriage? Even though there are a few arbitral awards of subrogation, the reason of the eligibility of subrogation arbitration is not enough. This paper scrutinized precedent research papers, arbitration awards, judicial precedents, and the Automobile Subrogation Arbitration System. Vague dispute resolution system which burden corporations with so many costs must be not good for business. In the view of economic efficiency, blank of contract, reciprocality, and Coase Theorem, it is recommended that subrogation arbitration system for the international trade would be better focus on the hypothesis of "Firm Offer Character of Arbitration Clause."

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A SMR study of Korean public servants (우리 나라 공무원의 표준화 사망비에 대한 연구)

  • Kim, Hyun-Kyung;Kim, Yong-Chul;Paek, Do-Myung
    • Journal of Preventive Medicine and Public Health
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    • v.30 no.2 s.57
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    • pp.293-307
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    • 1997
  • In Korea, sudden deaths of middle-aged and older male workers who are the responsible persons at home as well as workplace, have aroused social concern. Besides, U. N. has reported recently that mortality of Korea male in 40-50's was one of the highest among newly developed countries in 1992. Not much is, however, known about the nature of the work contributing to the mortality of different groups of workers. Therefore, this study was done to examine mortality of public servants, comprising about 5% of all the employed in Korea, according to their job titles and grades. The datas of 1753 official deaths, comprised 323 (only disease-oriented deaths) applicants of survivors' compensation, were used to examine age-adjusted Standardized Mortality Ratios(SMRs) according to their job titles, grades, tenures and cause of deaths. Controlling age and sex difference was conducted using 26,950,481 general population, 95,340 general deaths and 864,560 working public servants. All the groups were aged 20-64, who were being observed January - December in 1993, at the same time. Results and discussions are as follows. 1. SMRs standardized by general population was significantly low (SMR 44.9 CI 42.8-52.7) for all job titlses. Of public servants, 90.0% was graduated from high school, although 17.5% in general population. The distinction of social status such a education may produce a strong healthy worker effect. Besides, SMRs for different tenure groups showed a steady increase as tenure increases. This suggests that the magnitude of healthy-worker effect may be greater with increasing tenures. 2. SMRs standardized by own public servants was significantly elevated for work-men(SMR 121.0, CI 110.2-132.6) in solitue. When SMRs for different grade, of work-men was examined, 9th(SMR 124.2, CI 104.4-146.7) and 10th(SMR 137.9 CI 120.8-156.8)grade, lower grade in workmen, showed significantly elevated SMRs. Of workmen, 57.0% were graduated from high school and 50.1% in 9th grade, as well. These mean that low economic states made up social class, education may increase mortality rate. 3. Of SMRs according to all causes of death, only policemen on 'cause of death related hypertensive disease'(SMR 282.5, CI 121.6-556.7) was significantly high except for' cause of death related other signs, symptoms and ill-defined conditions'. 4. When SMRs on cause of death related hypertensive disease for different grade of policemen was examined, senior policemen(SMR 241.9), in charge of the front service, showed elevated SMR, in spite of statistical no significance. Especially, the working hour of senior policemen is quite long and also the work schedule is even more irregular for policemen. The results of this study showed that mortality for different jobs differed, and it differed also for different grades in the same job. This difference in mortality may reflect the difference in the nature of job contents, and further studies are warranted to elucidate which job characteristics are responsible.

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An Experimental Study on the Effect of Supporting Vest for Musculoskeletal Disorders in Low Back (허리 근골격계질환 예방 보조 조끼의 효과에 대한 실험적 연구)

  • Kim, Yun-Jeong;Jang, Jee-Hun;Cho, Yoe-han;Jeong, Jin-Hyoung;Cheong, Ha-Young;Lee, Sang-Sik
    • The Journal of Korea Institute of Information, Electronics, and Communication Technology
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    • v.13 no.3
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    • pp.219-225
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    • 2020
  • With the aging population, the prevalence of musculoskeletal disorders in the elderly continues to increase. In addition, musculoskeletal disorders are the third most common social and economic loss among occupational illnesses in Workers' compensation insurance benefits as of 2015 standard and are also common among workers. In this study, a vest that can assist in the prevention and treatment of musculoskeletal disorders of the waist was produced, and it is intended to confirm the presence or absence of the effect through experiments. Diseases of the waist are closely related to core muscles. Therefore, the produced vest was made in a form that supports the core muscles. Before and after wearing the vest for effectiveness verification, the While performing 10-times of the Mackenzie exercises, a waist extension exercise, collected the EMG data of the internal oblique, Rectus abdominis, and Erector spinae, which correspond to the core muscles. The collected data were analyzed through the electromyography analysis program RM-3 to obtain RMS values for 10-times measurements of each muscle and to compare the average values. After comparing the data, to verify the significance, the technical statistical value of the measurement result was calculated and the average difference was verified through PASW ver18.0, And the paired t-test is performed on the experimental results to perform statistical processing. and Statistical processing was performed by setting the significance level to α=.05.

A Study on Analyzing Precedents and Legal System of Landscape Tree Damage by Natural Disasters (자연재해로 인한 조경수목 피해 판례 및 제도분석 연구)

  • Yu, Joo-Eun;Lee, Sang-Suk
    • Journal of the Korean Institute of Landscape Architecture
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    • v.41 no.4
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    • pp.77-84
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    • 2013
  • With the increase in occurrence frequency and severity of natural disasters due to climate changes arising from global warming, damage in the landscaping field is rising. This leads to legal disputes, and is increasing social and economic damage, too. Especially even though landscape trees which are highly affected by external environments, suffer lots of damage from natural disasters, there is no specific scope of disaster criteria and thus it brings plenty of problems of damage restoration and compensation. Therefore, this study aims to suggest that gives ways to improve related criteria for damage of landscape trees from natural disasters. For this objective, this study analyzed damage cases of landscape trees and precedents, and compared Korean and Japanese legal systems and criteria regarding natural disasters with each other. The analysis result showed that opinions of experts have a great deal of influence on judgment results, since there is no definite legal basis on damage from natural disasters in the landscaping field. This implies the need for a professional and objective appraisal process. According to the comparative analysis of Korean and Japanese legal systems and criteria regarding natural disasters, Korea lacked in laws and criteria on natural disasters of landscape plants in Korea, whereas there were concrete disaster assessment standards of landscape trees in Japan. For improving natural disaster-related systems and criteria in the landscaping field, therefore, this study presented 'Revision of related laws', 'Revision of appraisal and loss assessment criteria', 'Revision of standard specification of landscaping project', 'Compulsory insuring against disasters', 'Reasonable fulfillment of contract', and 'Compulsory cost estimation for disaster restoration', as improvement plans.