• Title/Summary/Keyword: medical law

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Negligence theory of Aviation accident with reference to the japanese aviation accident precedent (항공 사고에서의 과실 이론 - 일본 항공 사고 판례를 중심으로 -)

  • Hwang, Ho-Won;Ham, Se-Hun
    • The Korean Journal of Air & Space Law and Policy
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    • v.23 no.2
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    • pp.115-136
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    • 2008
  • The development of the aviation technology is beyond the people's imagination. For example, with some exaggeration, If the autopilot engage upon take off, You will realize that you are on the centerline of the foggy JFK runway 13R after 15 hours with only once or twice of intervention. But the more aviation technology develops, the more responsible the pilot will be who has the final authority of the aviation safety. In the JAL 706 accident caused by unidentified reason, the pilot increased pitch abruptly and overrode the control from the autopilot. The result of this process made the death of a flight attendant and some injuries of a few passengers. The district court found the pilot not guilty at the first trial on the ground that the control override was not connected to the possibility of foresight and avoidance of the human death. The pilot was proved to be innocent through the analysis of the DFDR and ADAS that the override did not precede the unidentified pitch up motion. The judicial precedent related to aviation accidents in Korea requires pilots' absolute and extended care compared to the ordinarily prudent or reasonably careful behaviors in the vehicle and medical accidents. Although there is some controversy about the standard care, the care required in the actual operation of high tech aircraft by a pilot should include objective and standard care and be judged by analysis of the scientific data. Although the pilot maintained the unusual hi speed that doesn't have safety margin and descended under turbulence in case of the JAL 706 accident, the court negatived its relation to the cause of pitch up. Also, the override of the control after initial pitch up might have caused the possibility of the death and injury, but the court denied it. Because of this complex cause of the aviation accidents, it is important for a court to figure out the core reason of the event and casual relationship with the pilot Now, It is required that the judgement of negligence in the aviation accidents should include an objective care with scientific data from simulated circumstances(or a simulator) as the Japanese court not from the theory of vehicle's negligence.

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U.S. Rules on Enhancing Airline Passenger Protections (미국 연방법규상 항공여객보호제도에 관한 연구)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.63-96
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    • 2013
  • Recently, U.S. Department of Transportation (DOT) expanded the "Enhancing Airline Passenger Protections" on August 23, 2011 and October 24, 2011. The Rule regulates tarmac delays, denied boarding compensation, customer service plans, and fare advertising. The adopted rule is to protect passengers by improving passenger service requirements on U.S. national or domestic carriers and foreign air carriers as well. The major issues are as follows: First, regarding to so called Tarmac Delay, carriers must establish a Tarmac Delay Contingency Plan setting forth the number of hours the carrier will permit an aircraft to remain on the tarmac at U.S. airports before allowing passengers to deplane. Carriers also must provide passengers with food and water in the event the aircraft remains on the tarmac for two or more hours and must provide operable lavatories and medical attention while the aircraft remains on the tarmac, irrespective of the length of the delay. Carriers also must create and retain records regarding tarmac delays lasting more than three hours. Also they need to update passengers every 30 minutes during a tarmac delay of the status of the flight and the reason for the delay, allow passengers to deplane if the aircraft is at the gate or another disembarkation area with the door open. Second, carriers now must adopt a "Customer Service Plan" that addresses offering customers the lowest fares available, notifying customers about delays, cancellations, and diversions; timely delivery of baggage; accommodating passengers' needs during tarmac delays and in "bumping cases"; and ensuring quality customer service. Third, the new regulations also increase minimum denied boarding compensation limits to $650 / $1,300 or 200% / 400% of the fare, whichever is less. Last, the DOT also has modified its policies related to enforcement of Rules pertaining to full fare advertising. The Rule states that the advertised price for air transportation must be the entire price to be paid by the customer. Similarly, Korea revised the passenger protection clauses within Aviation Act. However, it seems to be required to include various more issues such as Tarmac Delay, oversales of air tickets, involuntary denied boarding passengers, advertisements, etc.

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A Study on Human Rights in North Korea in terms of Haewon-sangsaeng (해원상생 관점에서의 북한인권문제 고찰)

  • Kim Young-jin
    • Journal of the Daesoon Academy of Sciences
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    • v.43
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    • pp.67-102
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    • 2022
  • The purpose of this study is to analyze the human rights found in the North Korean Constitution and their core problem by focusing on elements of human rights suggested by Daesoon Jinrihoe's doctrine of Haewon-sangsaeng (解冤相生 the Resolution of Grievances for Mutual Beneficence). Haewon-sangsaeng is seemingly the only natural law that could resolve human resentment lingering from the Mutual Contention of the Former World while leading humans work for the betterment of one another. Haewon-sangsaeng, as a natural law, includes the right to life, the right to autonomous decision-making, and duty to act according to human dignity (physical freedom, the freedom of conscience, freedom of religion, freedom of speech, freedom of press, etc.), the right to equal treatment in one's social environment, and the right to ensure the highest level of health through treatment. The North Korean Constitution does not have a character as an institutional device to guarantee natural human rights, the fundamental principle of the Constitution, and stipulates the right of revolutionary warriors to defend dictators and dictatorships. The right to life is specified so that an individual's life belongs to the life of the group according to their socio-political theory of life. Rights to freedom are stipulated to prioritize group interests over individual interests in accordance with the principle of collectivism. The right to equality and the right to health justify discrimination through class discrimination. The right to life provided to North Koreans is not guaranteed due to the death penalty system found within the North Korean Criminal Code and the Criminal Code Supplementary Provisions. The North Korean regime deprives North Koreans of their right to die with dignity through public executions. The North Korean regime places due process under the direction of the Korea Worker's Party, recognizes religion as superstition or opium, and the Korea Worker's Party acknowledge the freedoms of bodily autonomy, religion, media, or press. North Koreans are classified according to their status, and their rights to equality are not guaranteed because they are forced to live a pre-modern lifestyle according to the patriarchal order. In addition, health rights are not guaranteed due biased availability selection and accessibility in the medical field as well as the frequent shortages of free treatments.

A Study of Shelf-Life and Antimicrobial Activity on Putrefactive Microorganisms related to Soybean Curd of Persicaria hydropiper L. extracts (두부 부패 미생물에 대한 여뀌 추출물의 항균활성과 저장성 연구)

  • Oh, Kwang Yul;Ahn, Sun-Choung;Oh, Sun Min
    • Culinary science and hospitality research
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    • v.22 no.3
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    • pp.198-211
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    • 2016
  • The objective of this study was to provide basic data that would help develop the natural preservatives that could replace them. This study examined antibacterial activity and preservative effects in soybean curd. When the concentration of Persicaria hydropiper L. was 1,000 ppm in the antibacterial activity by the paper disk law of three cultures(Bacillus subtilis KY-3, Bacillus sp. KY-7, Bacillus methylotrophicus KY-11) selected from 21 kinds of microorganism separated from tofu anaerobes, the clear zone (mm), which was similar to benzoic acid 0.1 M, the comparison group, was measured. The results were as follows. The result of impeding growth in liquid culture indicated considerable suppression of the growth of bacteria in the concentration of 800 ppm and 1,000 ppm respectively. In the measure of MIC, KY-3 and KY-7 were 0.06%, and KY-11 was 0.05%. For the changes in pH by concentration, three cultures and tofu anaerobes were not increased to $10^{5-6}/g$ in 1,000 ppm. In addition, in the search of total number was employed to find the preservative effects of tofu. Therefore, this study expect the Persicaria hydroper L. extract on preservative effects of tofu, which can be easily exposed to food poisoning bacteria in the food safety as well as improving the possibility of natural alternative preservatives.

Current Situation and Policies of Early Childhood Care and Education in North Korea (북한의 보육 정책 및 현황)

  • Lee, So Hee;Kwack, Young Sook;Joung, Yoo-Sook;Lee, Soyoung Irene;Kim, Bongseog;Sohn, Seok Han;Chung, Un-Sun;Yang, Jaewon;Bhang, Soo-Young;Hwang, Jun-Won;Hong, Minha;Lee, Yeon Jung;Bahn, Geon Ho
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
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    • v.25 no.1
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    • pp.1-5
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    • 2014
  • In order to resolve the decline in population due to low birthrates, the South Korean government is expanding its free child care policies with an increased budget. In anticipating the effects and problems of our system, it will be worthy of attention to refer to the child care systems of other countries. In this paper, we reviewed the past and present policies and the current situation of the child care system in North Korea. North Korea started its free child care system earlier than that of South Korea, for the purpose of utilizing the women's labor force and rearing children to be revolutionary men of Juche type (Kimilsungism), in order to construct a communistic society. 'Child Care Education Law', which is the legal foundation of the child care system, regulates institutions for nursery schools and kindergarten and informs people that the country is responsible for support of child care. Despite their interest and progress in both quantity and quality in the child care system until the 1980s, the free child care system was partially disrupted, and discrepancies between ideology and actual situation were revealed due to economic difficulties from the 1990s. Because people's survival and physical health have been threatened, it is barely possible to find any study investigating the effect of institutional child care from early childhood and the instillation of unique ideology by group education from the preschool period on mental health.

An Exploratory Study on the Care Farm Governance: Focusing on the Netherlands and Belgium Cases (케어팜 거버넌스에 대한 탐색적 연구: 네덜란드와 벨기에 사례를 중심으로)

  • Hwang, Jeong Seop;Hwang, Yoon Min
    • The Journal of the Korea Contents Association
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    • v.20 no.4
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    • pp.358-372
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    • 2020
  • Recently, there has been growing social interest in the use of care farms as part of therapy for neurological or mental patients and regional innovation for rural areas. Care farm, which combines the health treatment and rural innovation perspectives, is important to establish a proper governance system for mutual collaboration with various stakeholders. However, there is still a lack of research on this. Therefore, this study designed the care farm governance framework and comparatively analyzed the governance between Netherlands paradise care farm and Belgium blue farm, which are major successful care farm cases. The results showed different governance system between Netherlands and Belgium care farm in terms of institutional and financial support, regional characteristics, structure, operation, and strategy. In Netherlands, as the central government-initiated therapy-centric, care farm governance is concentrated in treatment of patient mainly supported by Ministry of Health, Welfare and Sports under the law on social support. Whereas, in Belgium, as local government-initiated agriculture-centric, care farm governance is mainly focused to lead voluntary participation of agricultural cooperatives and medical institutions in regional area. This study provides a theoretical foundation of governance type and system for the care farm research and suggests guidelines of care farm governance for the governments like South Korea consider activating care farm.

Defining the Core Competencies of the Nurses in A Tertiary Hospital and Comparing Different Units based on Their Respective Characteristics (일 종합전문요양기관 간호사의 핵심역량 도출 및 근무지 특성별 중요도 인식 비교)

  • Sung, Young-Hee;Jeong, Jeong-Hee
    • Journal of Korean Academy of Nursing Administration
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    • v.12 no.1
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    • pp.76-93
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    • 2006
  • Purpose: The purpose of this study was to define the core components required of nurses to provide quality nursing care to patients and analyze the significance of these components in the hospital's various units to maintain a high level of competence among nurses. Method: The study evaluated 3 categories included 35 subcategories with 148 core components that were derived from literature review and interviews of nursing professionals. The nursing professional category included 18 subcategories with 98 components, the organizational culture category included 4 subcategories with 16 components, and the temperament-attitude category included 13 subcategories with 34 components. The study included 335 nurses with more than one year of hospital experience and measured disparities among different hospital units. The data was analyzed with SPSS-Win 10.0, differing perceptions of the importance of general traits among the participants were measured using standard deviation, and differing perceptions of the importance of professional traits among the participants were assessed using ANOVA and subsequently with the Bonferroni Test. The reliability of the aforementioned research tools were evaluated using the Cronbach's ${\alpha}$. Result: The results of the study were as follows: 1. Among the three categories, temperament-attitude category was perceived to be the most important, followed by nursing professional category and organizational culture category. Among the ten most important subcategories within the three categories, safety and infection prevention as well as responsibility were perceived to be the most important, followed by promotion of physiologic adaptation, document management and presentation, self-control, ethics, observance law, coping with emergency, humanity, and medication. 2. The relative importance of category associated with the core competencies within the hospital unit were as follows : 1) The units that rated nursing professional category as being the most significant were: internal medicine, surgical unit, mother-child unit, emergency room, intensive care unit, and operating room, in that order. 2) The units that rated the organizational culture competencies as being the most significant were: mother-child unit, internal medicine, surgical unit, emergency room, operating room, and intensive care unit, in that order. 3) The units that rated temperament-attitude category as being the most significant were: internal medicine, surgical unit, emergency room, mother-child unit, operating room, and intensive care unit, in that order.

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A Study on the Characteristics of MMPI Profile and Personality in Patients with Hwa-byung (화병환자의 MMPI 프로파일과 성격특성 연구)

  • Kim, Ji-Hwon;Park, Bo-Ra;Jang, Hyun-Ho;Kim, Tae-Heon;Lyu, Yeoung-Su;Kang, Hyung-Won
    • Journal of Oriental Neuropsychiatry
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    • v.20 no.3
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    • pp.189-203
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    • 2009
  • Objectives : This study was to analyze characteristics of MMPI profile, personality and defensive mechanism on 32 Hwa-byeng patients. Methods : 32 Hwa-byeng patients and 28 normal control group were administered the MMPI. The characteristics of MMPI profile and the clinical scales of personality and defensive mechanism were analyzed statistically. Results : 1. Half of female Hwa-byeng patients are in their forties, twelve patients are high school graduates, housewives seem to have Hwa-byeng more than workers, and married ones have Hwa-byeng more than singles, divorcees or separated one 2. 60.6% patients are getting stressed from their husbands(the specific reasons are infidelity(55%), incapability(25%) and violence(20%)). And the rest are from in-law(28.8%), children(6.4%) and their own parents(3.2%). 3. MMPI profile of Hwa-byeng patients appeared as a type of 3-1 elevated by the scale of 3(Hy) and 1 (Hs). And Hwa-byeng patients appeared significantly high in the rest of scales except L, K, Mf and Ma scales comparing to control group. 4. Hwa-byeng patients were classified into 3 groups. First group is "V" type which is high in K scale and low in 3 (Hy), 4(Pd), 6(Pa). Second group is "V" type which is high in K scale and high in 3(Hy), 4(Pd), 6(Pa). Third group is high in F scale and high in 1(Hs), Z(D), 3(Hy), 4(Pd), 6(Pa), 7(Pt), 8(Sc) and 0(Si). 5. The analysis on MMPI profiles indicates that the thirties are highier in F scale than the fifties, the fifties are highier in Hy scale than the forties, workers are highier in Pd scale than housewives, singles or divorcees are highier in Pa scale than the married. 6. The characteristics of personality in Hwa-byeng patients are as follows. They are significantly lower in HST, NAR and very higher in CPS, PAG, DEP, STY, AVD, SZD comparing to control group. Especially in AVD and SZD scales are appeared the highest.

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Estimation of Poisoning Cases by Use of Chemicals and Chemical Products in South Korea (물질과 제품 사용에 의한 국내 중독(poisoning) 건수 추정)

  • Park, Soyoung;Lee, Yesung;Mun, Eunchan;Nam, Minwoo;Kim, Jiwon;Park, Jihoon;Choi, Won-Jun;Choi, Sangjun;Ha, Kownchul;Jun, Hyoungbae;Park, Dong-Uk
    • Journal of Environmental Health Sciences
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    • v.46 no.5
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    • pp.565-575
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    • 2020
  • Objective: South Korea still lacks systematic national poisoning data collection or a poison control center (PC). The objectives of this study are to provide estimates of poisoning incidents in South Korea and to stress the necessity of a national poisoning surveillance framework managed by a national PC. Method: The number of poisoning incidents was estimated based on the 2018 annual report of the American Association of Poison Control Centers' National Poison Data System (NPDS). Our estimation of poisoning data was classified according to age group, reason for poison exposure, and case management site. Results: Total poisoning cases estimated numbered 326,636, which is tantamount to 631 cases per 100 thousand. Poisoning cases among those younger than five years old accounted for 71.7% in the United States. Fatal poisoning cases were estimated to be 210.63 (95% CI: 199.70-222.15). Non-intentional poisoning cases (250,378 cases, 95% CI: 249,992-250,764, 76.7%) were estimated to be far higher than intentional cases (62,399 cases, 95% CI: 62,207-62,593, 19.1%). Conclusion: Our results can be used to suggest the necessity of producing national poisoning data and establishing a PC despite the uncertainty of estimation.

Gene Expression of Beta-Amyloid Precursor Protein (베타-아밀로이드 단백질 유전자 발현 연구)

  • Kim, Jong-Suk;Woo, Jong-Inn;Suh, Yoo-Hun;Kim, Ju-Han;Rhi, Bou-Yong
    • Korean Journal of Biological Psychiatry
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    • v.3 no.2
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    • pp.170-180
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    • 1996
  • Lowered immune function in the senile dementia patients may be related to the abnormal metabolism of amyloid precursor protein(APP). To investigate the passibility of an abnormal metabolism of APP in lymphocytes and the possible role of APP in the activation of lymphocytes in senile dementia patients, immunohistochemical study of rat spleen and fluorescence activated cell sorter analysis(FACS) of human lymphocytes with the specific antigen far each lymphocyte and double fluorescent marker with antibody to APP were performed. After stimulating lymphocyte with phytohemagglutinin(PHA), APP mRNA and protein were extracted and quantitfied and the influence of ${\beta}$-amyloid protein($A{\beta}$) specific antibody on lymphocyte division was investigated. In spleen, the majority of cells showing $A{\beta}$ immunoreactivity was found in the T-sell dependent zone. FACS indicated that around 90% $CD_4(+)$ T-cells and 60% of $CD_8(+)$ T-sell were immunoreactive to $A{\beta}$ specific antibody(mAb 4G8). Northern blot analysis shows that lymphocyte APP mRNA was gradually increased to reach a maximum at 3 days after activation with lectin mitogen PHA. However, the $A{\beta}$ immunoreactivity an cell surface remained constant during stimulation with PHA, indicating that the release of APP(secreted farm of APP) might be increased. A very large increase in soluble APP secretion was observed in T-lymphocyte upon activation, but only law levels in the resting stale. Immunoblot was carried out an the protein obtained from cell lysate after stimulating lymphocyte by applying PHA to the cultured lymphocyte, and the result was that $A{\beta}$ band of immature farm under 116 KDa marker decreased as the duration of culture was increased after PHA stimulation. The monoclonal $A{\beta}$ specific(4G8) and polyclonal APP antibodies did not inhibit the [$^3H$]-thymidine uptake of mitogen-treated lymphocytes significantly, suggesting that mitogenesis can not be inhibited by specific $A{\beta}$ and polyclonal APP antibody. These results suggest that APP is expressed in T-cell and might be closely associated with the function of T-cells.

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