• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.165-196
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• 2008

Recently the Supreme Court held that "in cases in which a patient suffering from a mental disorder attempts to commit suicide, fails, and then succeeds in a subsequent attempt, the following circumstances must be present in order to acknowledge reasonable causation between the negligence of the hospital with regards to taking care of the patient and the death of the patient; there must have existed negligence on the part of the hospital with regards to their failure to stop the 1stsuicide attempt, injurious aftereffects must have been caused to the patient by the1stsuicide attempt, and said aftereffects must have been the main cause for the 2nd successful suicide attemtp." This, in effect, lessens the requirements of past holdings of the Supreme Court which held that "to acknowledge reasonable causation between the negligence of the hospital and the patient that commits suicide, the patient must have experienced such severe physical and mental suffering from the previous attempt so that they could not help but choose to commit suicide". The fact that the Supreme Court did not clearly state such changes in their view on this matter should be corrected. Also, the fact that the court only held the hospital liable for damages of less than 50 million won, only calculating damages up to the point when the deceased passed, is inadequate compared to other cases and should be corrected.

• Journal of Radiation Protection and Research
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• v.29 no.4
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• pp.221-230
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• 2004

The probability of causation(PC) is the measure to ascertain the likelihood that a particular cancer may be attributed to a particular prior exposure to radiation. Since the PC is involved in several uncertainties, it is desirable to use the confidence limit for the PC, not a point estimate for determining whether to award compensation. We developed the program for estimating the PC to Korean radiation workers with cancer, the so-called RHRI-PEPC, which is based on the most reasonable model for radiation cancer risk and recent Korean baseline data. RHRI-PEPC gives us the upper confidence limit for the PC after adjusting several uncertainties and therefore we can assess more reasonably the causality of radiation exposure for cancer occurred in Korean radiation workers.

• Journal of Navigation and Port Research
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• v.34 no.3
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• pp.251-255
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• 2010

A marine accident is caused various legal liability such as compensation for damages on civil law, responsibility on the Criminal Code and administrative sanctions. The results occurred by any acts is not connected directly to the legal responsibility. As a prior condition for these legal liabilities, it is required the causation between the act caused and the occurrence of the effect. It is very difficult to find out the cause in marine accidents, because of trouble of a proof security, the place occurred, time difference between accident and investigation point of time etc.. However, finding out the correct cause is an element important to prevent similar accident and to determine the liability reverted. The logical concept of the causation is not limited, but there is early necessity to limit it in the liability reverted. Therefore, this study aims to suggest reasonable standard to determine liability reverted in marine accidents.

• Journal of Korean Neurosurgical Society
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• v.59 no.1
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• pp.1-5
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• 2016

Chronic subdural hematomas (CSHs) are generally regarded to be a traumatic lesion. It was regarded as a stroke in 17th century, an inflammatory disease in 19th century. From 20th century, it became a traumatic lesion. CSH frequently occur after a trauma, however, it cannot occur when there is no enough subdural space even after a severe head injury. CSH may occur without trauma, when there is sufficient subdural space. The author tried to investigate trends in the causation of CSH. By a review of literature, the author suggested a different view on the causation of CSH. CSH usually originated from either a subdural hygroma or an acute subdural hematoma. Development of CSH starts from the separation of the dural border cell (DBC) layer, which induces proliferation of DBCs with production of neomembrane. Capillaries will follow along the neomembrane. Hemorrhage would occur into the subdural fluid either by tearing of bridge veins or repeated microhemorrhage from the neomembrane. That is the mechanism of hematoma enlargement. Trauma or bleeding tendency may precipitate development of CSH, however, it cannot lead CSH, if there is no sufficient subdural space. The key determinant for development of CSH is a sufficient subdural space, in other words, brain atrophy. The most common and universal cause of brain atrophy is the aging. Modifying Virchow's description, CSH is sometimes traumatic, but most often caused by degeneration of the brain. Now, it is reasonable that degeneration of brain might play pivotal role in development of CSH in the aged persons.

• Journal of Fashion Business
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• v.8 no.3
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• pp.34-48
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• 2004

This study aims to determine any possible causation between identifying which major factors affect CRM(Customer Relationship Management) in terms of promotion strategies for fashion goods and classifying customers into several categories, so that it can seek reasonable strategic measures based on CRM. This study suggested a model by selecting several variables meeting its goals, and used total 672 sheets of questionnaire for final analysis. In addition, a structural equation model was analyzed As a result, it was found that pricing flexibility had more or less influential relationships with trust, satisfaction and commitment in CRM, although having a negative relationship with commitment. Salesperson's role was also significantly correlated with trust, satisfaction and commitment in CRM, and especially, there were more influential relationships with satisfaction than any other factor. Service quality had relatively high influential relationships with trust, satisfaction and commitment in CRM. Retained customers showed more or less influential relationships with trust, satisfaction and commitment, while loyal customers did so with satisfaction and commitment, except for trust.

• The Korean Society of Law and Medicine
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• v.9 no.1
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• pp.57-127
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• 2008

In medical malpractice lawsuits, negligence is generally defined as conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from a foreseeable risks of harm. Thus, the essence of negligence is a breach of obligations to be attentive, and the breach of obligations to be is negligence. However, whether negligence is or not depends on time, place, litigation forms and the judge since the meaning of negligence is wavering on the basis of abstract and normative judgment. In this thesis, what is medical negligence, a breach of obligations of attention for a doctor in medical malpractice lawsuits, would be it further enacted that doctors have the responsibility to protect the patients as a subordinate duty due to a principle of faith and sincerity besides the main duty for medical contract-performance since the suit is a litigation form to be based on responsibilities of experts, especially doctors, though having factors that are non-contractual as a trait for medical treatment. Further on the concept, when the plaintiff asserts and proves a specific fact from the recent moderation of the burden of proof about medical malpractices, whether the court should find a true bill in medical malpractice actually or not has been discussed.

• Journal of Food Hygiene and Safety
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• v.26 no.4
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• pp.302-307
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• 2011

One of the most important objectives of post-marketing monitoring of dietary supplements is the early detection of unknown and unexpected adverse events (AEs). Several causality algorithms, such as the Naranjo scale, the RUCAM scale, and the M & V scale are available for the estimation of the likelihood of causation between a product and an AE. Based on the existing algorithms, the Korea Food & Drug Administration has developed a new algorithm tool to reflect the characteristics of dietary supplements in the causality analysis. However, additional work will be required to confirm if the newly developed algorithm tool has reasonable sensitivity and not to generate an unacceptable number of false positives signals.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.58
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• pp.3-33
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• 2013

The purpose of this paper is to examine the problems in exercising buyer's right to claim damages for the breach of contract by the seller in international sales contract and to suggest reasonable counter-measures. The main contents are as follows: First, this author analyzed the principles of the seller's liability for damages in detail and examined the methods for the calculation of damages on the basis of Arts.74~77. As these articles are found to be insufficient in practical application, this author further examined the UNIDROIT Principles(2004) to confirm whether these Principles can fill the gaps of CISG or not, which turned out their gap-filling functions. Second, this author tried to find any expected problems when the buyer resorts to the right to claim damages in case of the seller's breach of contract including the estimation of damages, the burden of proof, causation, the proof of appropriateness for avoidance, the proof of buyer's obligation to mitigate the loss and so on. The reason is that these problems may cause a lot of difficulties in real business. As result, many buyers have given up their reasonable rights to claim damages so far. Finally, from the buyer's perspective, this author would like to suggest a liquidated damage clause(LD Clause) which gives the buyer to received a specified sum in case of seller's non-performance and/or a demand guarantee(or standby L/C) which guarantees buyer to secure unconditional payment independent of the underlying contract. For these purposes, the buyer should try to insert the LD Clause and/or Guarantee Clause in the contract when the buyer and the seller negotiate the sales contract. Also there are a lot of considerations and limitations in using the LD Clause and the Guarantee Clause in their real business, mainly dependent up bargain power between the seller and the buyer, for which this author promise to examine in detail in the future.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.83-139
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• 2019

Recognition of liability for damages due to medical malpractice has been developed largely on the basis of two paths. First is the case where there is an error in a physician's medical practice and this infringes upon the legal interests of life and body, and the compensation for monetary and non-monetary damages incurred from such infringement on life and body becomes an issue. Second is the case where there is a breach of a physician's duty of explanation that results in a infringement on the patient's right of autonomous decision, and the compensation for non-monetary damages incurred from such infringement becomes an issue. However, even if there is a medical error, since it is difficult to prove the causation between the medical error of a physician and the infringement upon legal interests, the physician's responsibility for damage compensation is denied in some cases. Consider, for example, a case where a patient is already in the final stage of cancer and has a very low possibility of a complete recovery even if proper treatment is received from the physician. Here, it is not appropriate to refuse recognition of any damage compensation based on the reason that the possibility of the patient dying is very high even in the absence of a medical error. This is so because, at minimum, non-monetary damage such as psychological suffering is incurred due to the physician's medical error. In such a case, our courts recognize on an exceptional basis consolation money compensation for losing the chance to receive proper treatment. However, since the theoretical system has not been established in minutiae, what comes under the benefit and protection of the law is not clearly explicated. The recent discourse on compensating for damages incurred by patients, even when the causation between the physician's medical error and infringement upon the legal interests of life and body is denied, by establishing a new legal interest is based on the "legal principle of loss of opportunity for treatment." On what should be the substance of the new legal interest, treatment possibility argument, expectation infringement argument, considerable degree of survival possibility infringement argument and loss of opportunity for treatment argument are being put forth. It is reasonable to see the substance of this protected legal interest as "the benefit of receiving treatment appropriate to the medical standard" according to the loss of opportunity for treatment argument. The above benefit to the patient is a value inherent to human dignity that should not be infringed upon or obstructed by anyone, and at the same time, it is a basic desire regarding life and a benefit worthy of protection by law. In this regard, "the benefit of receiving treatment appropriate to the medical standard" can be made concrete as one of the general personal rights related to psychological legal interest.

• The Korean Society of Law and Medicine
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• v.7 no.2
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• pp.9-74
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• 2006

Due to the awareness of their rights for medical liability and the advancement of legal principles, it becomes also not hard to find those who seek damages against hospitals, doctors and nurses for the suicide committed under the protection of psychiatric institute in Korea these days. Judgements on these kinds of cases are not enough yet, so that it may be too early to try to find principles used in these cases, however it is hardly wrong to read following things from above cases. That is, to gain the case, plaintiffs should show (1) there exists an obligation of "due care"(there is a special relation between patients and hospitals), (2) the duty is violated on the basis of the applicable standard of care, (3) whatever injures or damages are sustained are proximately caused by the breach of duty and (4) the plaintiff suffers compensable damages. To specific, whether a psychiatric institute was liable for wrong death or not depends upon the patients conditions, circumstances and the extent of the danger the patients poses to himself or herself; in short, the foreseeability of self-inflicted harm(the doctor should have or could reasonably have foreseen the patient's suicide and the doctor's negligence actually caused the suicide). In this context if a patient exhibit strong suicidal tendencies, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly dashes from an attendant and jumps out a window or otherwise attempts to injure himself or herself. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only re quires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. Most of these principles have been established at cases of the U.S.A and Japan. In this article you can also find the legal organizations of medical liability and medical contacts on the suicide of patients who have psychiatric diseases under Korean negligence law.