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Review of 2016 Major Medical Decisions (2016년 주요 의료판결 분석)

  • Park, Tae Shin;Yoo, Hyun Jung;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.297-341
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    • 2017
  • We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.

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A Study on Prevention of Accident in Korean Security Industry (경호산업의 재해예방에 관한 연구)

  • Cho, Han-Bong
    • Korean Security Journal
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    • no.2
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    • pp.259-289
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    • 1999
  • The Security Industry has dynamic working conditions. So this study intends to find the advisable direction for the reduction of accidents. To achieve the aim, the investigation of documents and the examinations of actual proofs have been done to figure the theoretical background and to see the basic knowledge of security industry. The questionnaire was composed of two question sheets to search real data and actual proofs, with making targets of pure security organization and personnel. The one consists of 9 questions to find the scale and extent of security organizations and the population and character of security personnel, and the other 25 questions in 3 major areas to analyze the causes, the frequency rates, the factors, and the condition of accidents. The period of survey was July 15th to October 15th in 1997 by mail/telephone/interview. The questionnaires were efficiently returned from 102 different organizations including the public security groups of Seoul Metropolitan Police Bureau and so on, with the information of 8,222 persons having worked for Korean Security Industry in 1996. So being based on the reality, some meaningful facts were found, and were compared with the national statistics of the Government. This study is made up of 5 chapters : in the 1st chapter the motivation, the object, the method, the direction and the limitation of the approach were presented ,in the 2nd chapter the theoretical background were inferred ; in the 3rd chapter the collected data of accidents in Korean Security Industry were analyzed and explained on the base of the questionnaires , in the 4th chapter the advisable facts connected with preventing accidents were mentioned ; in the last the conclusion were stated. With the replies of 102 different organizations including the information of 8,222 persons in 1996, the main facts found or analyzed through this study are as follows. Firstly, accident is an unpredictable and occasional event. It occurs to man and/or thing, but the frequency rate of accidents in Korean Government and other Institutes has been calculated and evaluated only in the point of the accident related with man. Secondly, the factors of accidents are firstly relevant to the way preventing accidents in Security Industry in Korea. However the frequency rate is academically calculated and evaluated by at once man(population) and hour(time). But the Government has done the rate only by man(population). This can be improper and inaccurate rates. Thirdly, the confused concept of security is used in Korean Government, academic society, corporation and so on. Therefore the detailed formation of the concept is needed for the development of Security Industry in Korea. Fourthly, security organizations can be classified into 'public security(public law enforcement)' and 'private security' according to its identification, and furthermore 'private security' can be divided into 'facilities-guard service', 'body-guard service', and 'patrol service' according to its major role. Fifthly, in the viewpoint of the number of both organization and population,'facilities-guard service' is centered in Korean 'private security'. According to the analyzed results of the questionnaires in this study, the frequency rate of accidents of Korean Security Industry is 0.43(%) totally in 1996 : 'facilities-guard service' 0.54(%), 'body-guard service' 0.12(%), and 'patrol service' 0.21(%) in 'private security', and 'public security' 0.20(%). With regard to the accident frequency rate of organization and population, 'facilities-guard service' is the highest. The accident frequency rate of population in 'facilities-guard service' organization ranges dispersively from 0.20(%) to 11.11(%). Sixthly, the accidented rate of workers having serviced for under one year is 57.6(%). This can mean that the main factor of accidents in Korean Security Industry is the lack of role-understanding and training/education. And another factor can be found on the time of accident occurrence. Many accidents have been occurred on the relaxed points like as just after lunch and morning rush-hour. Lastly, the major advisable facts related to preventing accidents are as follows : The workers who are over fifty years old in 'facilities-guard service' organization need to be educated for preventing accidents ; It is desirable that the training and education to prevent accidents should be practiced in the time of pre-service ; As the style of accidents and the age of the accidented are not same according to major service area('public security' and 'private security' : 'facilities-guard service', 'body-guard service', and 'patrol service'), the plans to prevent accidents must be different and various. However fracture and bruise are general accidents in Korean Security Industry ; Workers must care about traffic accident and violent fall ; It seems that the grouped working with other two persons will reduce accident occurrence possibility rather than individually single working.

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Analysis of User′s Satisfaction to the Small Urban Spaces by Environmental Design Pattern Language (환경디자인 패턴언어를 통해 본 도심소공간의 이용만족도 분석에 관한 연구)

  • 김광래;노재현;장동주
    • Journal of the Korean Institute of Landscape Architecture
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    • v.16 no.3
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    • pp.21-37
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    • 1989
  • Environmental design pattern of the nine Small Urban Spaces at C.B.D. in City of Seoul are surveyed and analyzed for user's satisfaction and behavior under the environmental design evaluation by using Christopher Alexander's Pattern Language. Small Urban Spaces as a part of streetscape are formed by physical factors as well as visual environment and interacting user's behavior. Therefore, user's satisfaction and behavior at the nine Urban Small Spaces were investigated under the further search for some possibilities of application of those Pattern Languages. A pattern language has a structure of a network. It is used in sequence, going through the patterns, moving always from large patterns to smaller, always from the ones which create comes simply from the observation that most of the wonderful places of the city were not blade by architects but by the people. It defines the limited number of arrangements of spaces that make sense in any given culture. And it actually gives us the power to generate these coherent arrangement of space. As a results, 'Plaza', 'Seats'and 'Aecessibility' related design Patterns are highly evaluated by Pattern Frequency, Pattern Interaction and their Composition ranks, thus reconfirm Whyte's Praise of urban Small Spaces in our inner city design environments. According to the multiple regression analysis of user's evaluation, the environmental functions related to the satisfaction were 'Plaza', 'Accessibility' and 'Paving'. According to the free response, user's prefer such visually pleasing environmental design object as 'Waterscape' and 'Setting'. In addition to, the basic needs in Urban Small Spaces are amenity facilities as bench, drinking water and shade for rest.

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Study on Legal Position of Aviation Security Subject in Aviation Safety and Security (공항보안요원의 법적 지위에 관한 연구)

  • Hwang, Ho-Won
    • The Korean Journal of Air & Space Law and Policy
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    • v.21 no.2
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    • pp.157-179
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    • 2006
  • According to the Annex 17 to the Convention on International Civil Aviation, an appropriate authority of each contracting state has to define and allocate tasks and coordinate activities between the departments, agencies and other organizations of the State, airport and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the national civil aviation security programme. The airport has to take leading role in implementing security tasks at airport area because the airport operator is the provider of airport facilities and services to its customer and the security activities belong to its services. So Republic of Korea Government enact the Law, Aviation Safety and Security. The Purpose of this Act is to prevent any unlawful act in airport facilities with international conventions, including the ICAO to provide for standards, procedures and mandatory matters needed to ensure the safety and security of civil aviation. But the Act has some error. So is this paper to review the revision of aviation security regulation and the changes of aviation security responsibilities and task assignment. There is the term "aviation security personnel", who are charged with the task of preventing any act of disrupting the order and safety in airport. But there is no term "security screening personnel" who performs to detect or search for dangerous object, such as weapons or explosives, which may be used for the unlawful obstruction.

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Burqanism from the Origin of the Pastoral Nomadic Koryo Region and the Vision of Korean Livestock Farming (고려의 원시영역 유목초지, 그 부르칸(불함)이즘과 한국축산의 비전)

  • Chu Chae Hyok
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.25 no.1
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    • pp.71-82
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    • 2005
  • Khori(高麗) refers to the Chaabog(reindeer) that live on lichens(蘚) on Mt. Soyon(鮮) in which pastures are the cold and dry plateau of North Eurasia. Thus, the origin region of the Khori or Koguryo that are the ancestors of the reindeer-herding pastoral nomads(馴鹿 遊牧民) can be said to be the Steppe-Taiga-Tundra pastoral areas of North Eurasia and North America. When the pastoral nomads moved on to the great mountain(大山) zone of the Jangbaek(長白) to the Baekdu(白頭) Mountains, they could have been in contact with pastoral farmers or agricultural farmers living there and they became the farmers remaining on agricultural farms. They were the Koryo people, the ancestors of Korea. Staying in one place, they gradually forgot the origin of their reindeer-herding pastoral nomadic history in the Northwest area of Mt. Soyon, the small mountain(小山) zone of the Steppe-Taiga-Tundra pastoral areas. In other words, they lost their identity as reindeer-herding pastoral nomads when they entered the agricultural area after leaving the pastoral area. However, since their basic genes had already formed when they lived on the cold and dry plateau of North Eurasia, it is possible to study their pastoral nomadic history focusing on 'the minority living in the broad area(廣域少數)', by utilizing highly advanced biotechnological science and focusing on genes and information technology innovation, and removing various past hindrances in research. Therefore, it is not so difficult to restore the reindeerherding pastoral nomadic history of the Koguryo(高句麗) people and secure their pastoral nomadic identity, of which the first steps have already been taken into their historical stages. The Eurasian continent and the Korean peninsula, especially the cold and dry plateau of North Eurasia and the Korean peninsula have been closely related to each other ecologically and historically. They can never be a separate space at all. The Eurasian continent lies horizontally east to west and thus, the continent forms an isothermal zone. Also, since the time of producing their own foods, it was relatively easy for people with their technology to move to other places owing to the pastoral nomadic characteristic of mobility. Unlike the Chungyen(中原) region, western Asia and the regions covering the Siberia-Manchu-Korean peninsula where food production revolution was first made were connected to the Mongolian lichens route(蘚苔之路: Ni, ukinii jam) and steppe roads. Although the ecological conditions of nature have changed a bit throughout a long history, it was natural for the many tribes in North Asia living on the largest Steppe-Taiga-Tundra area in the world to have believed 'the legends related to animals in relation to their founders and ancestors(獸祖傳說)'. Assuming that Siberian tigers and the tigers living on Mt. Baekdu were connected ecologically and genetically because of the ecological characteristics of the animals, and their migration from plateau to plateau, we would suspect that the Chosun(朝鮮) tribe living on Mt. Baekdu were ethnically and culturally more closely connected to the farther removed Ural-Altai tribes that lived on the cold and dry plateau region than to the Han(i14;) tribe who lived in Chungyen(中原) that was close to Mt. Baekdu. More evidence is the structure of the Korean language which has the form of 'Subject + Object + Verb', which is assumed to have originated from the speedy lifestyle of the reindeer-herding pastoral nomads. The structure is quite different from that of the Han(漢) language, which is based on agricultural life. Also, it is natural for reindeer riding reindeerherding pastoral nomads or horse-riding sheep-herding pastoral nomads(騎馬, 羊遊牧民) to have held military and political power over the region and eventually to have established an ancient pastoral nomadic empire in the process of their conquest of agricultural regions. The stages for founding global empires in the history of mankind maybe largely divided into two, in terms of ecological conditions and occupations. They are the steppes and the oceans. Of course, the steppe-based empires were established based on the skills to deal with horses and the ability to shoot arrows while riding horses, along with the use of iron ware in the 8th century BC. The steppe-based empires became the foundation for an oceanic empire, which could have been established by the use of warships and warship guns since the 15th Century. Based on those facts, we know that Chosun, Puyo(夫餘), and Koguryo are the products of a developmental process of pastoral nomadic empires on the steppes. Maybe we can easily find the pastoral nomadic identity of the Koguryo more than we expected when we trace the origins and history of the Korean tribe living in the pastures located in the northwest area of Mt. Jangbaek by focusing on pastoral nomadic mobility and organization just as we have investigated the historic origins of Anglo-Saxons in America by focusing on the times before the 15th Century. In the process, we should keep in mind that English culture originated from the Industrial Revolution and was directly delivered to the American continent, although America was far from England and was not an intermediate point on long sojourns either. Further, American culture came back to England in a more advanced form later. The most important thing currently to be resolved is to cause Koreans to look back on their own history in a freer way of thinking and with diverse, profound, and sharp insight, taking away the old and existing conventional recognition that is entangled with complicated interests with Korean people and other countries. The meanings of Chosun, Khori, and Solongos have been interpreted arbitrarily without any historic evidence by the scholars who followed conventional tradition of fixed-minded aristocrats in an agricultural society. If the Siberian cultural properties of the stone age, the earthenware age, the bronze age, and the iron age are analyzed in such a way, archaeological discovery will never be able to contribute to the restoration of the Koguryo's pastoral nomadic identity. One should transcend the errors that tend to interpret the cultural properties discovered in the pastoral nomadic regions as not being differentiated from those of agricultural regions and just interpret them altogether from the agricultural point of view. A more careful intention is required in the interpretation of cultural properties of ancient Korean empires that seem to have been formed due to mutual interactions of pastoral nomadic and agricultural cultures. Also, it is required that the conventional recognition chain of 'reverse-genes' be severed, which has placed more weight on agricultural properties than pastoral nomadic ones, since their settlement on agricultural farms was made after the establishment of their ancient pastoral nomadic empires. There is no reason at all to place priority on stoneware, earthenware, bronze ware, and iron ware than on wooden ware(木器) and other ware which were made of animal skins(皮器), bones and horns(骨角器), in analyzing the history in the regions of reindeer or sheep pastures. Reading ancient Korean history from the perspective of pastoral nomadic history, one feels strongly the instinctive emotions to return to the natural 'mother place'. The reindeer-herding pastoral nomadic identity of the Koguryo people that has been accumulated in volumes in their genes and hidden deep inside and have interacted organically could be reborn with Burqanism(Burqan refers to 不咸 in Chinese), which was their religion by birth and symbolized as the red willow(紅柳=不咸). The mother place of the Koguryo's people is the endless vast green pastures of North Eurasia and North America, where we anticipated the development of Korean livestock farming following the inherent properties in the genes of the reindeer-herding pastoral nomads with Korean ancestors. We anticipate that the place would be the core resource that could contribute to the development of life of living creatures following the inherent properties of their genes and biotechnological factors. In other words, biotechnology used for a search for clues on the well-being of humans could be the fruit brought by Burqanism of the Koguryo people and the fruit of the globalization of Korean livestock farming. It is the Chosun farmer in China come from the vast nomadic reindeer pastures of North Eurasia that resolved the food problem of a billion Chinese people with lowland paddy rice seeds (水稻) by transforming Heilongjiang Province(黑龍江省) into an oceanic lowland paddy rice field(水田). Even Mao Tse-tung(毛擇東) could not resolve the food problem by his revolution campaigns for tens of years. Today is the very time that requires the development of special livestock farming following the inherent properties of the ancient Korean reindeer-herding pastoral nomads that respected the dignity of life on the cold and dry plateau of North Eurasia and the America continent. I suggest that research should be started from the pastures of the Dariganga Steppe in East Mongolia that was the homeland of Hanwoo(韓牛) and the central horse-herding steppe place(牧馬場) of Chingis Khan's Mongolia. The Dariganga Steppe is awash with an affluent natural environment for pastoral nomadic living however, the quality of life of the pastoral nomads there is still low. I suggest we Koreans, the descendents of the Koguryo, should take our first steps for our livestock farming business project and develop the Northern nomadic pastures, here at the pastures of the Dariganga Steppe, which is the Mongolian core place of state-of-the-art technology for military weapons.