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Constitutional Issue Review of Compensation for Inevitable Medical Accidents During Delivery (불가항력 의료사고 보상사업에 대한 헌법적 쟁점 검토)

  • JUN, HYUN JUNG
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.153-185
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    • 2020
  • In principle, even if serious consequences such as death or serious injury of a patient occur as a result of a medical accident, if the medical malpractice of a health care worker is not recognized, the health care worker is not held liable for said consequences. However, with the opening of the Korea Medical Dispute Mediation and Arbitration Agency on April 7, 2012, a system was established to compensate health care personnel for their medical malpractices only in the case of "injuries caused by medical accidents in the course of childbirth" (hereinafter referred to as "program for compensation of medical accidents"). Article 46 paragraph 1 of the current Medical Dispute Mediation Act, which is the basis of the Force Majeure Medical Accident Compensation System, stipulates that "medical accidents under delivery" claims are to be determined by the Medical Accident Compensation Review Committee are subject to the compensation project. And the details of the compensation, ratio of sharing financial resources for compensation, scope of compensation, and the guidelines and procedure for the payment of compensations are prescribed by Presidential Decree. In other words, the Presidential Decree requires the state to pay 70 percent of the compensation funds, and 30 percent of the above funds among health care providers. The Constitutional Court has decided on the 2015Hun-Ga13 that the scope of the health care institution's founders and the share of the compensation funds cannot be directly determined by the law, and that the portion delegated by the Presidential decree does not violate the Principle of Legal Protection nor Comprehensive Nondelegation Doctrine. However, this can be seen as an exclusion of accountability for force-induced delivery accidents even if there is no negligence of the medical staff. If the nature of the system is a type of social security system with a social compensatory nature, it could consider eliminating the health care innovator's cost-sharing provisions, leaving the full cost to the state. However, it is also necessary to review institutional protocols that strengthen the efforts of medical institutions in areas such as analysis of the causes of medical accidents and measures to prevent their recurrence. In addition, I think that the conclusion of the Act is in line with the purpose of the Comprehensive Wage Support Regulations that at minimum the law sets an upper limit of the compensation funds that are to be paid by health and medical institutions. Moreover, it is reasonable for the Medical Accident Compensation Review Committee to specify gestational age and weight of births, which are the criteria for compensation, under the Enforcement Decree of the Medical Dispute Mediation Act, in relation to the criteria for payment of contributions by the Medical Accident Compensation Review Committee, and to set the detailed criteria.

A Characteristic of Deformation and Strength of Domestic Sands by Triaxial Compression Tests (삼축압축시험에 의한 국내 모래의 변형-강도 특성)

  • Park, Choon Sik;Kim, Jong Hwan;Park, Cheol Soo
    • KSCE Journal of Civil and Environmental Engineering Research
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    • v.34 no.2
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    • pp.515-527
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    • 2014
  • This study conducted experiment for understanding engineering characteristics of domestic sands by examining standard sand and sand from Yokji Island and Nakdong River in terms of confining pressure, $K_0$, over consolidation and relative density factors through triaxial compression test. The test showed that deviator stress by strain positively changed as confining pressure and relative density grow while $K_0$ and over consolidation factors do not directly correlated with it. Angle of internal friction decreases as confining pressure increases which strengthens contact force between particles, and declines as relative density drops, whereas $K_0$ and over consolidation factors hardly affect the results. When it comes to volumetric strain, volume expansion decreases as confining pressure increase due to crushability and rearrangement of particles while $K_0$ and over consolidation shows same movement unconditionally, and relative density appears compressed as it grows at the beginning however it expands as axial strain increases. Modulus of elasticity ($E_{sec}$) by strain has tendency into convergence resulting in initial secant modulus of elasticity ($E_{ini}$) > secant modulus of elasticity($E_{sec}$) > tangent modulus of elasticity ($E_{tan}$). On the other hand, it grows as confining pressure and relative density increase while indicating similar modulus of elasticity ($E_{sec}$) regarding on $K_0$ and over consolidation. Slope of critical line (M) tended to decrease as confining pressure increases, follow same line according to $K_0$, confining pressure and relative density, and increase as relative density grows.

Future Development of Republic of Korea NCAGS (한국형 선박통제의 발전방향에 관한 연구)

  • Kim, Sung Hae;Jung, Hyo Sup
    • Strategy21
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    • s.44
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    • pp.352-376
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    • 2018
  • Through this research, the current state of naval coordination and guidance of shipping is reviewed whereupon which a suggestion is made for a novel role which satisfies the needs of the people and the country asked of the Navy. Taking into consideration the dynamic security environment, the developing relationship between the two nations on the Korean peninsula, and the influence that the Republic of Korea has on maritime security, it is made more urgent that the Navy takes a proactive course of action in terms of naval coordination and guidance of shipping. The current form of Korean naval coordination and guidance of shipping is adapted from the logical and flexible concepts of NCAPS and NCAGS and is one of many tasks that the Republic of Korea Navy must perform. However, when the Republic of Korea Navy develops blue-water capabilities with the ambitions of protecting its people and their way of life, naval coordination and guidance of shipping could potentially become one of the primary functions of the Republic of Korea Navy that the it must champion. Already, there are indications that foreign navies are, through many developments and commitment towards naval coordination and guidance of shipping, protecting its people and states' interests wherever is necessary. In the case of Chile, its Navy has taken the helm of naval coordination and guidance of shipping and has integrated various maritime organizations including the coast guard and the National Customs Service for the sake of maintaining regional maritime security, showing immediate force if necessary. Presently, as the Republic of Korea Navy looks to be a global naval power, it is important that a reprioritization of the Navy's mission is undertaken, all the while sustaining military readiness posture on the Northern Limit Line. It cannot be any more emphasized how crucial thorough military readiness posture is as a natural stance against the enemy. That being said, contributing towards international maritime security is consistent with the nation's standing. It is a fact that maritime security has been conceptualized and developed merely as a study within the Ministry of Maritime Affairs and Fisheries, the Republic of Korea Navy, and other governmental organizations, forces, and academia. Naval cooperation and guidance of shipping suggested by this research as a practical operational field is a concrete solution to what once was an abstract concept. To stand firm on its status as a maritime nation, the Republic of Korea must establish a Maritime Security Organization within its Navy and develop the appropriate doctrines. Attaining experts, developing doctrines, and cultivating the capability to deploy maritime forces will allow for the Republic of Korea to execute a primary role in keeping international maritime security and naval coordination and guidance of shipping. To fully achieve its latent potential necessitates the Republic of Korea Navy to expedite the introduction of naval coordination and guidance of shipping concepts and to establish the appropriate doctrines, operation plans, and organizations.

The Effect on the Lower Limbs Joint as the Landing Height and Floor Pattern (착지 높이와 지면 형태가 하지 관절에 미치는 영향)

  • Kim, Eun-Kyong
    • Korean Journal of Applied Biomechanics
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    • v.21 no.4
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    • pp.437-447
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    • 2011
  • In this study, the lower limbs joints were analyzed for features based on the biomechanical characteristics of landing techniques according to height and landing on the ground type (flats and downhill). In order to achieve the objectives of the study, changes were analyzed in detail contents such as the height and form of the first landing on the ground at different angles of joints, torso and legs, torso and legs of the difference in the range of angular motion of the joint, the maximum angular difference between joints, the lower limbs joints difference between the maximum moment and the difference between COM changes. The subjects in this study do not last six months did not experience joint injuries 10 males in 20 aged were tested. Experimental tools to analyze were the recording and video equipment. Samsung's SCH-650A model camera was used six units, and the 2 GRF-based AMTI were used BP400800 model. 6-unit-camera synchronized with LED (photo cell) and Line Lock system were used. the output from the camera and the ground reaction force based on the data to synchronize A/D Syc. box was used. To calculate the coordinates of three-dimensional space, $1m{\times}3m{\times}2m$ (X, Y, Z axis) to the size of the control points attached to the framework of 36 markers were used, and 29 where the body was taken by attaching a marker to the surface. Two kinds of land condition, 40cm and 60cm in height, and ground conditions in the form of two kinds of flat and downhill slopes ($10^{\circ}$) of the landing operation was performed and each subject's 3 mean two-way RM ANOVA in SPSS 18.0 was used and this time, all the significant level was set at a=.05. Consequently, analyzing the landing technique as land form and land on the ground, the changes of external environmental factors, and the lower limbs joints' function in the evaluation were significantly different from the slopes. Landing of the slop plane were more load on the joints than landing of plane. Especially, knee extensor moment compared to the two kinds of landing, slopes plane were approximately two times higher than flat plane, and it was statistical significance. Most of all not so much range of motion and angular velocity of the shock to reduce stress was important. In the further research, front landing as well as various direction of motion of kinetic, kinetic factors and EMG variables on lower limbs joints of the study in terms of injury-prevention-approach is going to be needed.

Inquiry on Post Surgery Induced Consumption in HyungSang Medicine View (우울증(憂鬱症)에 대한 형상의학적 고찰)

  • Kim, Jong-Won;Jj, Gyu-Yong;Kim, Kyung-Chul;Lee, In-Sun;Eun, Jong-Won;Kim, Kyu-Kon;Lee, Yong-Tae
    • Journal of Physiology & Pathology in Korean Medicine
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    • v.22 no.5
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    • pp.1035-1046
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    • 2008
  • I looked into hypochondria, an increasing social problem, in psychological and Korean medical aspects and these conclusions were made through 16 clinical cases based on HyungSang medicine. Hypochondria is a disorder that is caused when feeble minded person could not fight the reality. It is caused by deficiency and stagnation of Ki which connects body and mind. In Korean medical view point mind and body is the same. Particularly, in HyungSang medicine believes that everyone's way of life and how to deal with situation differs according to the characteristics and traits. HyungSang medical treatment in hypochondria Mind and body is in line with each other, so manifestation of mental activity is caused by deficiency of combining action of vital Ki. Medication that helps combining force of vital Ki is needed. As the way people handle situation is different, according to characteristics and trait it is valid to differ counselling and treatment according to the criteria. Looking at 16 case studies of hypochondria patients, in gender wise, woman with astriction quality and engaging in much mental activities are more vulnerable. In view of vital substances, more cases were found in Jung type and Ki type. In animal type, bird and reptile type were, and in six meridian type, Tae yang, Yang Myong, Tae Eum and Kwolum type were more susceptible. Especially, cases of Indang being stagnant was noticeable. Moreover, the pulse activated parallel with the Heart which is a leading organ that manifests mental activity and controls seven emotions, so many cases were found that was far from Heart-Small intestine and Heart-Gall Bladder relationship.

Algebraic Analysis for Partitioning Root and Stem Lodging in Rice Plant

  • Chang, Jae-Ki;Yeo, Un-Sang;Lee, Jeom-Sig;Oh, Byong-Geun;Kim, Jeong-Il;Yang, Sae-Jun;Ku, Yeon-Chung;Kim, Ho-Yeong;Sohn, Jae-Keun
    • KOREAN JOURNAL OF CROP SCIENCE
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    • v.51 no.6
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    • pp.539-543
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    • 2006
  • Lodging is classified as root lodging caused by the loss of supporting force in the root, bending caused by the deformation of the stem and breaking where the stem breaks down as loads exceeding critical elasticity were applied. This research excluded breaking which is not in a state of equilibrium and tried to partition the level of lodging using an algebraic model in root lodging and stem lodging, or bending. When a vertical load was applied, the deformation of the stem of rice plant showed the form of a quadratic equation. The trace of the panicle neck in the process of lodging was an ellipse-shape. When loading was pure root lodging, the trace of the panicle neck became a circle of which culm length is the radius. When it was a pure stem lodging, the trace of the panicle neck is an ellipse of which major axis is culm length and minor axis is 0.64* culm length. When both stem lodging and root lodging occurred in a natural setting, the partitioning of lodging can be calculated by a formula using eccentricity of an ellipse, S=e*100/0.768(S is the ratio of stem lodging in the whole lodging, e is eccentricity of the ellipse). This method is expected to be useful in simple lodging partitioning. We could also calculate the partitioning of stem lodging and root lodging as units of angles as an accuracy method, by using a straight line calculated by differentiating a quadratic equation of stem deformation at the origin of the coordinates. These two methods for dividing root and stem lodging showed different values. However, each of them showed almost same values with different lodging degree in one plant.

Effect of Implant Length on the Immediate Loading at the Anterior Maxilla (즉시하중시 상악 전치부에 식립된 임플란트 길이 변화에 따른 응력 분포의 삼차원 유한요소 연구)

  • Lee, Joon-Seok;Kim, Myung-Joo;Kwon, Ho-Beom;Lim, Young-Jun
    • Journal of Dental Rehabilitation and Applied Science
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    • v.25 no.3
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    • pp.255-265
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    • 2009
  • Recently many studies have been published on application of immediate loaded implants. However, the immediate loading protocol has not been well documented. The purpose of the present study was to evaluate the stress distribution between bone-implant interfaces and the effect of implant length in the anterior maxilla using 3 dimensional finite element analyses. The diameter 4.0 mm threaded type implants with different length(8.5 mm, 10.0 mm, 11.5 mm, 13.0 mm, 15.0 mm) were used in this study. The bone quality of anterior maxillary bone block was assumed to D3 bone. Bone-implant interfaces of immediately loaded implant were constructed using a contact element for simulating the non osseointegration status. For simplification of all the processing procedures, all of the material assumed to be homogenous, isotropic, and linearly elastic. The 178 N of static force was applied on the middle of the palatoincisal line angle of the abutment with $120^{\circ}$ angle to the long axis of abutment. Maximum von Mises stress were concentrated on the labial cortical bone of the implant neck area, especially at the cortical-cancellous bone interfaces. Compared the different length, highest peak stress value was observed at the 8.5 mm implants and the results indicated a tendency towards favorable stress distribution on the bone, when the length was increased. Presence of cortical bone was very important to immediate loading, and it appears that implants of a length more than 13 mm are preferable for immediate loading at the anterior maxilla.

Analysis of Impact Characteristics of Bonded Dissimilar Materials for Center Pillar (센터필라 적용을 위한 이종 접합강의 충격 특성 해석에 관한 연구)

  • Nam, Ki-Woo;Park, Sang-Hyun;Yoo, Jung-Su;Lee, Sang-Mun
    • Transactions of the Korean Society of Mechanical Engineers A
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    • v.36 no.8
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    • pp.929-934
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    • 2012
  • This study was carried out to analyze the dynamic characteristics of laser tailor-welded blanks (TWBs) made of dissimilar materials. The analysis was performed using Hyper Works 10.0 with Solver LS-DYNA v.971. 2D-Shell was used as the modeling element, and the number of elements and nodes was 35,641 and 36,561, respectively. The impact speed was 10 km/h. To analyze the impact characteristics according to the height of the weld line for the upper and lower parts of the center pillar, the length of the lower part was set as 300 and 400 mm. When the lower part was made of SPFC980 steel with a length of 300 mm, the deformation was the smallest and the absorbed energy of the impact force was the largest. On based the lower part of center pillar, the position of TWB shows the shorter and the better value. In other words, the performance depended on the proportion of the upper part made of high-strength SABC1470 steel. A lower part made of SPFH590 steel showed large deformation. In contrast, a lower part made of SPFC980 steel showed significantly lesser deformation. Therefore, the impact performance of a lower part made of SPFC980 steel with a length of 300 mm showed the best analysis result.

A Suggestion for the Strategic Choice of Seoul to be a Network Center in Northeast Asia

  • Ahn, Kun-Hyuck;Ohn, Yeong-Te
    • Journal of the Korean Regional Science Association
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    • v.15 no.2
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    • pp.155-187
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    • 1999
  • The East Asian Region has experienced remarkable economic growth and transformation of interurban networking over the past three decades, and urban competiti veness for a networking hub in this region has become a critical issue confronting cities. Competitiveness of the Seoul capital region for a networking hub in Northeast Asia is outstripped by other competing cities in East Asia, notwithstanding its geo-politically and geo-economically advantageous location in this region. In this paper, we aim to appraise the Seoul capital region's competitiveness in terms of logistics distribution, financial function and logistics distribution, financial function and agglomeration of transnational corporations (especially of RHOs and other managerial functions), and to advance the networking strategies of the region for a Northeast Asia hyb. As a result of analysis, we suggest that the Seoul capital region be developed as a Northeast Asian center for regional headquarters or leading global corporations and financial services for being a strategic nodal point in Northeast Asia in the 21st century. A recent survey shows that where to locate an RHQ is influenced by various factors, such as potential market and manufacturing site in the city's hinterland, quality of life, such things as culture, health, safety, education, a well-educated, English-speaking population, reliable air transport, state-of-the-art communications, and an active policy to offer foreign companies generous incentives. The Seoul capital region, which is located at a strategic nodal point advantageous as a springboard for its Northeast Asian hinterland, cannot meet the other conditions mentioned above. To overcome these drawbacks in attracting transnational capital and to create competitiveness as a strategic hub of RHQs in Northeast Asia, it is urgent to initiate a structural reform of the Korean economy, politics, and overall society, to minimize the regulation of FDI, and to provide various incentives for foreign investment. Moreover, we propose the construction of an 'International Business Town' in the Seoul capital region, as a medium to intermediate these strategies and to shape them in a spatial scale. The projected 'International Business Town(IBT)' will be a 'free city' open to international business in which liberal economic activities are guaranteed by special legislation and administration, infrastructures needed for international and improved accessibility to the airport are furnished, and the preference of foreign high-income investors for cultural and living environment are satisfactorily met. IBT is conspicuously differentiated from a raft of other cities' incentives in that it combines deregulation and incentive programs to attract the investment of transnational capital, with a spatial program of offering an urban environment preferred by the high-income investors for cultural and living environment are satisfactorily met. IBT is conspicuously differentiated from a raft of other cities' incentives in that it combines deregulation and incentive programs to attract the investment of transnational capita, with a spatial program of offering an urban environment preferred by the high-income and managerial class. Furthermore, it can be an excellent way of overcoming the xenophobia that has spread among the Korean population by concentrating foreign businesses and their lifestyles in a specific foreign businesses and their lifestyles in a specific zone. In conclusion, 'International Business Town', in line with other legislative and administrative incentive programs, will function as a driving force to make the Seoul capital regional more competitive as a regional business hub in Northeast Asia.

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Development of the Automatic Fishing System for the Anchovy Scoop nets (I) - The hydraulic winder device for the boom control - (멸치초망 어업의 조업자동화 시스템 개발 (I) -챗대 조작용 유압 권양기 개발-)

  • 박성욱;배봉성;서두옥
    • Journal of the Korean Society of Fisheries and Ocean Technology
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    • v.36 no.3
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    • pp.166-174
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    • 2000
  • Anchovy, EngrauEis japonica scoop nets are used in the coastal of Southern and Cheju of Korea. Especially in the Cheju, the fishing gear of scoop nets consists of upper boom, lower boom, pressing stick and bag net. They are operated by fishing boats of 6 to 10 ton class and 8 persons on board. The booms are controlled by side drum, and the net and pressing stick are hauled by only human power in operating. Therefore this fishery needs to large labor and heavy human power and has much risk. Three kinds of hydraulic winding device which controls two booms was designed and manufactured to reduce heavy labor force of scoop nets, and trial in the sea was carried out to test their performances using the commercial fishing boats of 6 ton class. The proper capacity of hydraulic pump and motor were determined by model test of boom 1/5 scale. The results obtained are as follows, 1. Tension of boom which is being drawn was the strongest and 187.5kgf when the boom's end is in the depth of 4m under the water. 2. The hydraulic motor of the fittest kind of winder has the least leakage per time than the other kinds. 3. In the best type of several winder devices, when the pressure difference was fixed $130kg/^2$ for the safe fishery, the winding velocity of boom line was 2m/sec, is faster 0.48/sec than traditional fishing method and this winder can catch the anchovy of 1.6 tonnage. 4. As a result, the crew were decreased from 8 to 6 and the problem of heavy human power and risk on fishing operation were solved by using the this winder.

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