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Legislative Study on the Mitigation of the Burden of Proof in Hospital Infection Cases - Focusing on the revised Bürgerliches Gesetzbuch - (병원감염 사건에서 증명책임 완화에 관한 입법적 고찰 - 개정 독일민법을 중심으로 -)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.159-193
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    • 2015
  • Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

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Cellular Protective Effects of Peanut Sprout Root Extracts (땅콩나물 뿌리 추출물의 세포 보호 효과)

  • Jo, Na Rae;Park, Chan Il;Park, Chae Won;Shin, Dong Han;Hwang, Yoon Chan;Kim, Yong Hyun;Park, Soo Nam
    • Applied Chemistry for Engineering
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    • v.23 no.2
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    • pp.183-189
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    • 2012
  • In this study, the cellular protective effect and antioxidative property of peanut sprout root extracts were investigated. Cellular protective effects of peanut sprout root extracts on the rose-bengal sensitized photohemolysis of human erythrocytes were investigated. The ethyl acetate fraction of extracts exhibited a cellular protective effect in a concentration dependent manner. Particularly, the aglycone fraction of extracts showed prominent cellular protective effects in a concentration range (5~50 ${\mu}g/mL$). They are more effective than that of (+)-${\alpha}$-tocopherol, known as a lipid peroxidation chain blocker. Reactive oxygen species (ROS) scavenging activities ($OSC_{50}$) of peanut sprout root extracts on ROS generated in $Fe^{3+}$-EDTA/$H_2O_2$ system were investigated using the luminol-dependent chemiluminescence assay. The ethyl acetate fraction of extracts ($OSC_{50}$; 1.59 ${\mu}g/mL$) showed a similar ROS scavenging activity compare with that of L-ascorbic acid (1.50 ${\mu}g/mL$), known as a strong antioxidant. On the other hand, the order of free radical (1,1-diphenyl-2-picrylhydraxyl, DPPH) scavenging activity ($FSC_{50}$) was (+)-${\alpha}$-tocopherol > 80% MeOH extract > aglycone fraction > ethyl acetate fraction. These results indicate that peanut sprout root extracts can function as an antioxidant in biological systems, particularly skin exposed to solar UV radiation by scavenging $^1O_2$ and other ROS, and to protect cellular membranes against ROS.

A Comparative Study on the Growth Characteristics and Nutritional Components of Corn Hybrids for Silage at Paddy Field Cultivation (논토양에 사일리지용 옥수수 재배시 품종별 생육특성 및 영양성분 비교 연구)

  • Kim, Wan-Su;Hwang, Joo-Hwan;Lee, Jae-Hun;Kim, Eun-Joong;Jeon, Byong-Tae;Moon, Sang-Ho;Lee, Sang-Moo
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.32 no.1
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    • pp.15-28
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    • 2012
  • This study was carried out to know adaptability and growth characteristics, yield, chemical compositions and nutrition yield of corn hybrids for silage at paddy field. The field experiments were conducted at Sangju province for one year (2009). The experimental design was arranged in a randomized block design with three replication. The treatments consisted of eleven corn hybrids. The planting date was on 1 May and harvested at 24 August. Stem diameter, stem hardness and number of ear were higher in P32P75 than other varieties. Ear height, dead leaf and green degree were highest in $NC^+$7117, but number of root system and Brix ($B^{\circ}$) were higher in P3394 than other varieties. Crude protein and crude fat (EE) were highest in P32K61 and P31P41, respectively (P<0.01). NDF and ADF were highest in KPO and KIO, respectively, but no significant differences were found among the varieties. Total mineral contents were the highest in Kwangpyongok (9,775 mg/kg), and P3394 (6,651 mg/kg) was the lowest as compared to other varieties (P<0.01). Crude protein yield, crude fat yield and mineral yield were highest in P3156, P31P41 and KPO, respectively (P<0.01). Total composition amino acid and total fatty acid were the highest in P32K61 and KIO, respectively (P<0.01). Yields of crude protein, fatty acid, composition amino acid and TDN were the highest in P3156 (P<0.01). But yields of crude protein and mineral were the highest in P31P41 and KPO, respectively (P<0.01). Total digestible nutrient (TDN) was higher in order of P3156 > $NC^+$7117 > P31N27 > KPO > P32K61 > P32T83 > P32P75 > P31P41 > P3394 > P32W86 > KIO. Based on the above results, corn hybrid varieties could be recommended in P3156, NC+7117 and P31N27 for growth characteristics, quantitative production and nutrition yield.

Degree of Retrogradation of Non-Waxy and Waxy Rice Cakes during Storage determined by DSC and Enzymatic Methods (DSC와 효소법을 이용한 멥쌀 밑 찹쌀떡의 노화도에 관한 연구)

  • 김창순
    • Korean journal of food and cookery science
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    • v.12 no.2
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    • pp.186-192
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    • 1996
  • Retrogradation of non-waxy rice (NWR) and waxy rice (WR) cakes (45% moisture) stored at 5$^{\circ}C$, $25^{\circ}C$ and -2$0^{\circ}C$ was studied by differential scanning calorimetry (DSC) and enzymatic ($\beta$-amylase-puuulanase) method. With DSC, endotherms did not appear with rice cakes stored at room ($25^{\circ}C$) and deep freezing (-2$0^{\circ}C$) temperatures but did with samples stored at low temperature (5$^{\circ}C$), showing accelerated retrogradation by low temperature. Onset temperature (To) and peak temperature (Tp) did not change under 14 days at 5$^{\circ}C$ but enthalpy values ($\Delta$H) increased rapidly within one day and increased steadily until 5th day of storage, then equilibrated. Higher $\Delta$H were obtained with WR cakes than NWR cakes. It was suggested that more amylopectin recrystallization occured with WR than NWR. Degrees of gelatinization of rice cakes determined by enzymatic method increased in the following order: 5$^{\circ}C$ < $25^{\circ}C$ < -2$0^{\circ}C$. In contrast with DSC results, dogrees of gelatinization of NWR cakes, were relatively lower than that of WR cakes. However, increased retrogradation extents (melting enthalpies) caused reduced enzyme susceptibilities to $\beta$-amylase-pullulanase system, among NWR or WR cakes stored at 5$^{\circ}C$. The degrees of retrogradation of rice cakes stored at 5$^{\circ}C$ were higher than those stored at $25^{\circ}C$ and -2$0^{\circ}C$ without regard to the kind of rice. The higher sensitivity of the enzymatic method was obtained than that of DSC method when the degrees of retrogradation of rice cakes were determined during storage under this experiment conditions.

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Pueraria lobata Ohwi as an Osteoporosis Therapeutics (칡의 부위별 골다공증 치료효과)

  • Kim, Chung-Sook;Ha, Hye-Kyung;Kim, Hye-Jin;Lee, Je-Hyun;Song, Kye-Yong
    • Korean Journal of Food Science and Technology
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    • v.34 no.4
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    • pp.710-718
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    • 2002
  • It is reported that Pueraria Radix contains phtoestrogens whereas flower, and bud of Pueraria lobata Ohwi were not known. In the present study, we determined the amount of phytoestrogen in each portion of P. lobata Ohwi and carried out therapeutic effects of osteoporosis. The amounts of genistein, daidzein, and formononetin in Pueraria Radix (PR), Pueraria Flos (PF), and young Pueratia Folium (PL) were quantitated using a HPLC system. Proliferation of osteoblast and growth inhibitory effect on osteoclast were measured in order to screen their effects on osteoporosis. Proliferation of osteoblast-like cells (Saos-2) was analyzed by both MTT methods and alkaline phosphatase (ALP) assays. Growth inhibitory effect on osteoclast was also detected as Tartrate resistant acid phosphatase (TRAP) assay. Ovariectomized rat as an in vivo animal model was selected and administrations of PR were 1 g/kg/day (PR-1) and 5 g/kg/day (PR-5) for 9 weeks, respectively. Trabecular bone areas (TBAs) of tibia and lumbar were analyzed usibg histomorphological methods. Results show that PR contains the highest level of daidzein ($10435{\pm}2143\;mg/kg$ of dried herb) and stimulated ALP activity, approximately 160% of the control. Growth inhibitory effect on osteoclast by both PR and daidzein were almost identical with control although $IC_{50}$ of genistein was $5.81{\times}10^{-7}$ M. Increases in body weight of OVX rats were suppressed by administration of PR but wet weights of uterus in PR-5 group were increased (p<0.05). Plasma ALP and HDL-cholesterol levels were decreased following ages (p<0.01), and LDL-cholesterol level was also decreased in PR-5 group at 20 week of age (p<0.01). TBAs of tibia and lumbar in PR-1 and PR-5 groups were higher than those of the control although the values were less than those of the sham group (each p<0.01) In conclusion, administrations of PR prevented loss of TBAs of tibia and lumber in OVX rats, while PL and PF did not (p<0.01).

A Study on the Present Conditions of Conservation & Management of the Natural Monuments of Korea (국내(國內)의 천연기념물(天然記念物) 보존(保存) 관리(管理) 실태(實態))

  • Na, Moung-Ha;Lee, Jin-Hee;Lee, Jae-Keun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.28 no.2
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    • pp.127-136
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    • 2010
  • This study is aimed at reviewed and analyzed in order to suggest the improved plans related to natural monuments. The summary of this study is as followings; First, Replacing the current term 'cultural properties', which denotes the meaning of 'goods', we need to devise an new categorization that separates such properties into cultural heritage and natural heritage under the national heritage framework. Second, the designation criteria for natural monuments should be divided into the individual realm for animals and plants respectively, since they are not divided in the current Act. Third, the guidelines for naming of natural monuments should be established with the following new categories in accordance with the clear standards. Fourth, such imbalances require us to give priority to the relatively neglected types and areas. Fifth, as the big and old trees account for more than a half of the designated plants, it is necessary to search out new resources(wet plant communities, seashores, sand dune plant communities, etc.) such as geological resources, mineral springs, hot springs, and fossils that are in danger of completely being exploited and exhausted. While most of the designated animals are protected nationally, the existing designation system is required to protect habitats and breeding places for the systematic and efficient conservation. Sixth, as long as we need to preserve those historical and cultural resources for the future generations from national and global perspectives, we should enhance their values by designating them as natural monuments even though they are protected by other regulations such as the natural environment area. Seventh, as a result of the survey, we found that more budgets and experts in the local governments, more empowered organizations, more active public participation should be provided for the better Natural Monument management in Korea. Eighth, the Lap of Natural Heritage in the National Research Institute of Cultural Heritage needs to be developed to the Natural Heritage Institute to conduct the diverse activities such as researches, restoration, exhibition and education programs in a systematic and efficient way. Ninth and the last, major damages to natural monuments can be generally categorized into the artificial one and natural one, respectively. The artificial damages include toxics, soil covering, excessive humidity, fire, construction and management works, unlawful damages, fishing, oil spillage, etc, and the natural ones include lightning, storms(typhoons), heavy snowfalls, damage by insects and diseases, lack of prey, etc. This study will become meaningful in that it proposes specific measures for the improvement of the institutions, designation, and management of natural monuments on the basis of the comprehensive analysis on natural monuments. We wish to leave the other subjects related with this study to the future researches.

Sentiment analysis on movie review through building modified sentiment dictionary by movie genre (영역별 맞춤형 감성사전 구축을 통한 영화리뷰 감성분석)

  • Lee, Sang Hoon;Cui, Jing;Kim, Jong Woo
    • Journal of Intelligence and Information Systems
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    • v.22 no.2
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    • pp.97-113
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    • 2016
  • Due to the growth of internet data and the rapid development of internet technology, "big data" analysis is actively conducted to analyze enormous data for various purposes. Especially in recent years, a number of studies have been performed on the applications of text mining techniques in order to overcome the limitations of existing structured data analysis. Various studies on sentiment analysis, the part of text mining techniques, are actively studied to score opinions based on the distribution of polarity of words in documents. Usually, the sentiment analysis uses sentiment dictionary contains positivity and negativity of vocabularies. As a part of such studies, this study tries to construct sentiment dictionary which is customized to specific data domain. Using a common sentiment dictionary for sentiment analysis without considering data domain characteristic cannot reflect contextual expression only used in the specific data domain. So, we can expect using a modified sentiment dictionary customized to data domain can lead the improvement of sentiment analysis efficiency. Therefore, this study aims to suggest a way to construct customized dictionary to reflect characteristics of data domain. Especially, in this study, movie review data are divided by genre and construct genre-customized dictionaries. The performance of customized dictionary in sentiment analysis is compared with a common sentiment dictionary. In this study, IMDb data are chosen as the subject of analysis, and movie reviews are categorized by genre. Six genres in IMDb, 'action', 'animation', 'comedy', 'drama', 'horror', and 'sci-fi' are selected. Five highest ranking movies and five lowest ranking movies per genre are selected as training data set and two years' movie data from 2012 September 2012 to June 2014 are collected as test data set. Using SO-PMI (Semantic Orientation from Point-wise Mutual Information) technique, we build customized sentiment dictionary per genre and compare prediction accuracy on review rating. As a result of the analysis, the prediction using customized dictionaries improves prediction accuracy. The performance improvement is 2.82% in overall and is statistical significant. Especially, the customized dictionary on 'sci-fi' leads the highest accuracy improvement among six genres. Even though this study shows the usefulness of customized dictionaries in sentiment analysis, further studies are required to generalize the results. In this study, we only consider adjectives as additional terms in customized sentiment dictionary. Other part of text such as verb and adverb can be considered to improve sentiment analysis performance. Also, we need to apply customized sentiment dictionary to other domain such as product reviews.

Features of International Marriage of Vietnamese Immigrant Women and Plans for Institutional Improvement (베트남결혼이주여성의 혼인의 특징과 국제결혼의 제도적 개선 방안)

  • Moon, Heung-Ahn
    • Journal of Legislation Research
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    • no.44
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    • pp.757-799
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    • 2013
  • Ever since Korea and Vietnam reestablished diplomatic relations, the two countries'bond has become stronger than ever, augmenting the range of exchange between them in almost every possible field including politics, economy, society, and culture at such a high speed. Among many, an increase in number of Vietnamese immigrant women in international marriage is worthy of close attention. Since 2010, Vietnamese has topped the proportion of total foreign women married to Korean men, having surpassed Chinese. Nonetheless, the quick international marriage between Korean men and Vietnamese women, which usually happens without sufficient time to get to know about different cultures and languages, has not only raised problems for people concerned, but numerous social issues as well. Recognizing these problems, a number of government departments have provided various support on policies and legal issues toprotect multicultural families as a means of social integration and settlement support. Nevertheless, the support policies until now have been generalizing all of the immigrant women in international marriage as people subject to protection. Thus, considering every immigrant women as people in need, and trying to help them with various social issues have caused the government a high cost and low efficiency. This thesis emphasizes the point that through the cases of Vietnamese immigrant women in international marriage, there should be a specific support plan for specific people in need, reflecting various traits of different cultures and societies, in order to ease their settlement in Korea. Moreover, it suggests detailed plans for improvements on legal and institutional problems. Although the Vietnamese government forbids commercial agents for international marriage, many of agencies are still active and to help the immigrant women, who desire to return and resettle in Vietnam in case of divorce, this thesis suggests legal and institutional remedies for Korean and Vietnamese government. The composition of the thesis follows below: Part II on social and cultural traits of international marriage between Korean men and Vietnamese women. Part III on institutional problems and plans for improvements regarding settlement of immigrant women in international marriage. Part IV on legal and institutional problems and plans for improvements regarding divorced immigrant women and their return to Vietnam. Part V on conclusion. Divorce is not a flaw anymore nowadays, but in case of Vietnamese immigrant women ininternational marriage, an inadequate legal system hampers their resettlement process. Cases of not being ableto remove their own names from the family register due to poor financial and legal abilities are often identified and it is both the Vietnamese and Korean governments'duty to acquit their ethical responsibilities by seeking ways to institutionally and financially support them.

A Study of Kuwoonmong Writing and Enjoyment in the Aspects of Yin-Yang (陰陽) and Wu Xing (五行) Imagination (음양오행적 상상력에 기반한 <구운몽>의 창작과 향유 방식 연구)

  • Hwang, Hye-jin
    • Journal of Korean Classical Literature and Education
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    • no.35
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    • pp.153-193
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    • 2017
  • This study explores the creation and enjoyment of Kuwoonmong (九雲夢) using a reference system called the cultural imagination, which is related to the Yin-Yang (陰陽) and Wu Xing (五行). When Kim Manjung wrote Guwoonmong, he may have composed figures and events based on this imagination. In particular, when he designed the eight seonnyeo (팔선녀), he set the order such as Gap (甲), Eul (乙), Byeong (병), Jeong (丁), etc. and characterized them according to the celestial stem (天干). Thus it was easy to avoid overlapping of characters and to construct various stories and relationships between them. The table below shows the characters of Kuwoonmong corresponding to the celestial stem. In not only the individual person but also the narrative world, Kuwoonmon demonstrates Yin-Yang and Wu Xing's imagination. In this respect, Kuwoonmon can be considered a large symbol encompassing the abstract theory of Yin-Yang and Wu Xing. Of course, the writer, Kim, Manjung would not have tried to symbolize the principle intentionally. However, he was also present in the environment of the cultural imagination that has been formed over the years. The same is true for the contemporary recipients of Guwunmong. They would have had a pleasant experience applying the cultural imagination and strengthening their familiar world view and human view.

Improvement of Personal Information Protection Laws in the era of the 4th industrial revolution (4차 산업혁명 시대의 개인정보보호법제 개선방안)

  • Choi, Kyoung-jin
    • Journal of Legislation Research
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    • no.53
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    • pp.177-211
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    • 2017
  • In the course of the emergence and development of new ICT technologies and services such as Big Data, Internet of Things and Artificial Intelligence, the future will change by these new innovations in the Fourth Industrial Revolution. The future of this fourth industrial revolution will change and our future will be data-based society or economy. Since there is personal information at the center of it, the development of the economy through the utilization of personal information will depend on how to make the personal information protection laws. In Korea, which is trying to lead the 4th industrial revolution, it is a legal interest that can not give up the use of personal information, and also it is an important legal benefit that can not give up the personal interests of individuals who want to protect from personal information. Therefore, it is necessary to change the law on personal information protection in a rational way to harmonize the two. In this regard, this article discusses the problems of duplication and incompatibility of the personal information protection law, the scope of application of the personal information protection law and the uncertainty of the judgment standard, the lack of flexibility responding to the demand for the use of reasonable personal information, And there is a problem of reverse discrimination against domestic area compared to the regulated blind spot in foreign countries. In order to solve these problems and to improve the legislation of personal information protection in the era of the fourth industrial revolution, we proposed to consider both personal information protection and safe use by improving the purpose and regulation direction of the personal information protection law. The balance and harmony between the systematical maintenance of the personal information protection legislation and laws and regulations were also set as important directions. It is pointed out that the establishment of rational judgment criteria and the legislative review to clarify it are necessary for the constantly controversial personal information definition regulation and the method of allowing anonymization information as the intermediate domain. In addition to the legislative review for the legitimate and non-invasive use of personal information, there is a need to improve the collective consent system for collecting personal information to differentiate the subject and to improve the legislation to ensure the effectiveness of the regulation on the movement of personal information between countries. In addition to the issues discussed in this article, there may be a number of challenges, but overall, the protection and use of personal information should be harmonized while maintaining the direction indicated above.