• 제목/요약/키워드: property rule

검색결과 211건 처리시간 0.022초

인체 유래 물질의 재산권성에 대한 의료법학적 고찰 (Medicolegal Study on Human Biological Material as Property)

  • 이웅희
    • 의료법학
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    • 제10권2호
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    • pp.455-492
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    • 2009
  • (Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.

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공간 데이터 분석을 위한 공간 연관 규칙 탐사 시스템의 설계 및 구현 (Design and Implementation of Spatial Association Rule Discovery System for Spatial Data Analysis)

  • 안찬민;이윤석;박상호;이주홍
    • 한국컴퓨터정보학회논문지
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    • 제11권1호
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    • pp.27-34
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    • 2006
  • 최근 공간 정보들을 효과적으로 이용할 수 있는 기술에 대한 연구가 활발하게 이루어지고 있다. 효율적인 지식 탐사를 위해 다양한 기존의 데이터 마이닝 방법들이 확장되어 공간 데이터 마이닝에 사용되고 있다. 그러나 기존의 공간 연관 규칙 탐사 시스템들은 프레디킷 간의 연산을 통해 규칙을 발견함에 따라 질의 결과에 다양한 비공간 속성들을 반영하지 못하는 문제점을 가지고 있다. 본 논문에서는 이러한 문제점을 해결하기 위해 공간 데이터베이스에서 사용되는 질의를 확장하고, 위상정보에 따른 데이터를 구성한 후 비공간 객체 속성간의 연관 규칙을 발견하는 시스템을 제안한다. 특히 지리 정보 시스템에 적용 가능한 모델을 구현하였다. 이렇게 구현된 시스템은 사용 중인 공간 데이터베이스를 확장하므로 이식성이 뛰어나고, 공간 속성뿐만 아니라 다양한 비공간 속성을 고려함으로써 좀 더 실생활에 유용한 공간 연관 규칙을 발견할 수 있다.

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A Not on the Value Approximation of Fuzzy Systems Variables

  • Hong, Dug-Hun;Hwang, Seok-Yoon
    • 한국지능시스템학회논문지
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    • 제3권4호
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    • pp.21-23
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    • 1993
  • Under the maxmin compositional rule of inference which is used in applications while executing fuzzy algorithms, Pappis showed that the property of approximation is preserved. In this paper, we generalize a measure of proximity of fuzzy subsets on any set, without the restriction of finiteness. And it is shown that the same property of approximation if preserved under the supmin compositional rule of inference.

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1910년대 향교(鄕校) 건축의 유지와 관리에 대한 연구 (A Study on the Maintenance and Management of Local Confucian School architecture in the 1910s)

  • 송혜영
    • 건축역사연구
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    • 제30권6호
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    • pp.23-32
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    • 2021
  • This study was described with a focus on the maintenance and management of Local Confucian School(Hyanggyo) architecture, centering around cases investigated through official documents written in the 1910s. In 1910, by the Japanese imperial rule, the regulations on Local Confucian School(Hyanggyo) property were enacted, and the income was paid solely to elementary school education expenses and ancestral rites. Through this process, many Local Confucian School(Hyanggyo) buildings were destroyed while only the space for ritual sacrifices remained by the Japanese colonial rule. In particular, as the land, which was the basis of Local Confucian School's property, was sold for various reasons, the finances gradually deteriorated. In addition, as the architectural acts that Local Confucian School preserves itself are restricted, it loses its original character. This study was of great significance that identified the intention to dispose of Local Confucian School(Hyanggyo) property by Japanese imperialism in the 1910s and clarified the purpose of its disposal.

중국 CIETAC 중재규칙상의 보전신청에 관한 연구 (A Study on Application for Custody in CIETAC Arbitration Rule)

  • 윤진기
    • 한국중재학회지:중재연구
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    • 제13권2호
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    • pp.47-68
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    • 2004
  • The problems on application for custody in CIETAC Arbitration Rule are examined in this paper. First, The issue of jurisdiction for application for custody is arisen from the expansion of material jurisdiction of CIETAC. Until 1998, CIETAC had a jurisdiction only for the cases involving foreigners, but now, it has a jurisdiction not only for the cases involving foreigners but also for domestic cases. In the cases of arbitrating disputes involving foreigners, if the parties concerned apply for the preservation of property, CITEAC shall forward the application to and obtain a ruling from an intermediate people's court in the place where the object of the application resides, or where the property is located. But in the cases of arbitrating domestic disputes, if the parties concerned apply for the preservation of property, CITEAC shall forward the application to and obtain a ruling from an ground-level people's court in the place where the object of the application resides, or where the property is located. Therefore, "People's court" in article 23 of CIETAC Arbitration Rule includes both intermediate people's court and ground-level people's court in its meaning. Second, in the cases that the party concerned submits arbitration to CIETAC, it is not permitted for the party to ask the people's court for custody of property before submitting an arbitration. But there still can be the urgent cases that interests of the party concerned are at stake, and legitimate rights and interests of the party concerned may be damaged beyond remedy, if no application for custody of property is filed immediately. In that cases, even if the party may apply for custody of property with the people's court after submitting an arbitration, it might be too late to preserve property. Therefore, Chinese laws and rules have to be revised so that the party may ask the people's court for custody of property before submitting an arbitration. When revising laws and rules, according to the today's legislation trends, it must be considered that court and arbitration tribunal both have a right to decide the custody of property. When arbitration tribunal decides it, the procedural provisions executing it must be provided. It is also required that China permit to apply preservation of evidence as well as custody of property before submitting an arbitration. It is also strongly recommended that China permit custody of property or preservation of evidence even in the cases that an arbitration is submitted to the arbitration institute which is located in foreign country, not in China.

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Design of a SMC-type FLC and Its Equivalence

  • 최병재;곽성우;김병국
    • 한국지능시스템학회논문지
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    • 제7권5호
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    • pp.14-20
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    • 1997
  • This paper proposes a new design method for the SMC-type FLC and shows that a SMC-type LFC is an extension of the SMC with BL. The conventional SMC-type FLC uses error and change-of-error as inputs of the FLC and generates the absolute value of a switching magnitude. Then, the fuzzy rule table is constructed on a two-dimensional space of the phase plane and has commonly the skew symmetric property. In this paper, we introduce a new variable, signed distance, from the skew symmetric property of the rule table. And thd variable becomes only a fuzzy variable that is used to generate the control input of a SMC-type FLC. that is, we design a new SMC-type FLC that uses a signed distance and a control input as the variables representing the contents of the rule-antecedent and the rule-con-sequent, respectively. Then the number of total rules is reduced and the control performance is almost the same as that of the conventional SMC-type FLC. Additionally, we derive the control law of the ordinary SMC with BL from a new SMC-type FLC. Namely, we show that a FLC is an extension of the SMC with BL.

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죄책감과 청소년의 규칙위반 행위와의 관계 (Relationships between Guilty and Rule violation Acts)

  • 하영희
    • 가정과삶의질연구
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    • 제18권1호
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    • pp.115-126
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    • 2000
  • The purpose of hisstudy was to explore effects of adolescents age sex and parental types on the types guilty and correlations between the Rule violation types and guilty types. A All of 698 middle school students and high school students in Pusan were administered Questionaires. The major findings of this study were as follows: Younger adolescents reported more guilty feelings than older adolescents in all types of guilty. Female adolescents reported more in selfish type guilty than males. Parental induction induced adolescents reported lower rates of violation in all types of rule violation than older adolescents. Male adolescents reported more violation in public related rule violation and property damage rule violation than females. There were negative relation between all guilty types and all Rule violation, These results were discussed and its implication and following study were suggested.

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적취(積聚)를 위주로 한 종양(腫瘍)의 치법(治法)에 관한 소고(小考) (Brief review of cancer treatment focused on JIJU(積聚))

  • 박재현;문구
    • 대한암한의학회지
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    • 제13권1호
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    • pp.1-11
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    • 2008
  • Objectives: To grasp the traditional stream of cancer treatment inherited from the previous doctors. Methods: The author's research has been performed cancer treatment based on JIJU(積聚) taking the original text as a reference. Results & Conclusion: The general three outlines and five detailed rules of cancer treatment have been obtained as follows. The first outline of cancer treatment is that reinforced vital function makes cancer reduce naturally. the second is that Harmless cancer can coexist in human beings and aging with them. and the third is that Elimination and reinforcing therapies should be executed in appropriate era and those therapies should utilize appropriate methods. The first detailed rule of cancer treatment is when using reinforcing therapy, it must applicate mildly and when using elimination therapy, it must applicate calmly. The second detailed rule is that the methods of cancer treatment are different from each cancer stage. The concentration should be made on reinforcing therapy at early stage while reinforcing and elimination therapies must be conducted together at middle stage. At terminal stage reinforcing therapy is the sole method to be taken. The third detailed rule is that the basis property of cancer drug is warm nature and extremely biased property should be avoided and when complication arises (eg. inflamatory disease, cancer fever, etc), cold or cool nature can be applied. The fourth detailed rule is that Cancer drug must have the effect eliminating the blood stasis, phlegm and excessive fluid, all together. The fifth detailed rule is that Physicians have to control patient's stress or stress related symptom and teach patients about right way of taking care of themselves and patients should take hygienic rules with their free will by themselves (eg diet, exercise, stress, etc)

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LL 문법으로의 커버링 변환의 단순화 (Simplification of Covering Transformation into LL Grammars)

  • 이경옥
    • 한국정보과학회논문지:시스템및이론
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    • 제37권6호
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    • pp.319-322
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    • 2010
  • 확장된 PLR 문법은 LR 문법의 부분 클래스로서 LL 문법에 대한 커버링 성질을 만족하는 변환이 존재하는 현재까지의 가장 큰 문법 클래스이다. 본 논문에서는 확장된 PLR 문법에 대한 기존 커버링 문법 변환을 단순화시키는 커버링 문법 변환을 제시한다. 본 논문에서 제시하는 커버링 문법 변환은 기존의 4개의 규칙 유형을 3개의 규칙 유형으로 축소시킨다.

복잡계를 응용한 인체 골절치료 모델링과 해석에 관한 연구 (Simulation of Bone Fracture Healing by the Complex System Rule)

  • 문병영;박정홍
    • 한국정밀공학회지
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    • 제20권12호
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    • pp.198-204
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    • 2003
  • The bone fracture healing is simulated by using one of the complex system rules, named cellular automata method. It is assumed that each cell has property of Bone, Cartilage or Fibrous connective tissue. Nine local rules are adopted to change the property of each cell against the mechanical stimulus, which consists of the strain energy density, and the existence of bone in the surroundings. Two dimensional sheep metatarsal model is considered and the bone fracture healing is simulated. The simulation results agree well with those obtained by using fuzzy logic model and experimental data. The cellular automata method found to be one of the simulation methods to express the bone fracture healing. The cellular automata method is expected to be effective in representing biological phenomenon.