• Title/Summary/Keyword: scope of damages

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DDoS Correspondence Index for Evaluating Performance Management

  • Kim, Hyung-Won;Lee, Nam-Yong;Kim, Jong-Bae
    • Journal of information and communication convergence engineering
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    • v.8 no.6
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    • pp.618-622
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    • 2010
  • The damages from DDoS attacks are increasing as DDoS attacks are taking various forms. This has resulted not only in decreased reliability of organizations and corporations but also in the threat of national security. Organizations and corporations are making significant efforts in developing a system through which they can appropriately correspond to DDoS attacks. However, the studies on objective index for evaluating the performance of DDoS correspondence are lacking. The majority of the existing studies have been on the information protection & management system on a large scale. Accordingly, the scope of this thesis will be limited to DDoS correspondence to propose correspondence index for quantitatively measuring and managing them. The statistical techniques such as SMART technique and factor analysis will be utilized accordingly.

Review of 2019 Major Medical Decisions (2019년 주요 의료판결 분석)

  • Yoo, Hyun Jung;Park, Noh Min;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun;Park, Tae Shin
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.107-152
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    • 2020
  • During the main ruling in 2019, a number of rulings that were of interest or meaningful were handed down, such as just because the complication of medical practice has occurred, there is no presumption of negligence, a case involving a fall accident in which a lot of culpability has recently been made. the death of a well-known singer that caused a sensation, a case about damages caused by MERS in 2015, which is more meaningful in connection with damages caused by COVID-19, an infectious disease that has recently hit the world, including Korea. In preaching the principles of the law, just because there has been a complication caused by medical practice, there is no presumption of negligence, 'The scope of the complication without presumption of negligence' was determined differently by the court, the court was not able to specify the criteria. Specific circumstances were presented to limit the responsibility of the medical institution while acknowledging the malpractice of the medical institution in relation to the fall accident. In relation to the scope of damages, judgment was made on issues related to the calculation of lost profits of medical malpractice; criteria for determining celebrities' daily income, criteria for determining daily income in case of receiving survivor's pension due to medical accident, an incident in which the daily income is denied if the labor capacity is already lost at the time of a medical accident. But, it seems that judgments should be made based on clearer and more reasonable standards. Related to Medical Advertise, specific logic of judgment was presented as to whether it was interpreted as being in accordance with the specific prohibition listed in Article 27 paragraph 3 of the Medical Law, which is the criterion for violation of the Medical Law, or if it constitutes a significant harm to the order of the medical market. In response to the prohibition of operating the multiple medical institutions, the Constitutional Court decided that it was constitutional because it did not violate the regulations on excessive funding, and rationally limited the scope of the prohibited 'redundant operation'. The Supreme Court ruled for the first time that even a medical institution established and operated in violation of the Medical Service Act did not make it impossible to receive all medical care benefits implemented by a medical institution under the National Health Insurance Act. Significant rulings were finalized that recognized the existence of specific protection obligations for the people of the country in the management of infectious diseases.

A Study on the Determination of Applicable law to Liability for the compensation of Damage in a plane accident (항공기사고 손해배상청구에 있어서 준거법의 결정에 관한 소고)

  • So, Jae-Seon
    • The Korean Journal of Air & Space Law and Policy
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    • v.25 no.2
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    • pp.3-42
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    • 2010
  • This study shows that the Warsaw Convention in Article 1 is not an international transport, origin, destination and all the Contracting Parties is not a purely domestic shipping does not apply to this Treaty. Therefore, in this case, liability and damages for the governing law is selected according to international law should be. In addition, in the case of international shipping and passenger air carrier of this treaty to govern the relationship, not all of which aim is the unification of certain rules. Product liability is the most important thing of all. As for the aircraft manufacturer's responsibility according to international law also does not select the applicable law is not. The Warsaw Convention Article 17 apply for the passenger's personal damages Article 2 Section 2 leads to the most prestigious type of damages, and subjective and objective with regard to the scope of international law are being committed. In this regard, Governing Law-related aircraft accidents leading to serious accidents in China of an aircraft crash in Nagoya, Japan, the airport can be. China Airlines accident of the aircraft are operated for the unification of the rules for international air transport on the Warsaw Convention as amended by Article 17, Article 18 of damages by the tort claims and claims based on damages caused by, or this cause of aircraft accidents air bus maker by the Corporation for damages in tort claims for damages claimed on the basis of solidarity is the case. In the case of these grand scale claim responsibility for the airline, air transport agreements to determine the applicable law of the contract is very complex. There for the contracts based on individual circumstances or origin, and by considering because each must be determined.

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The Clinical Trial of Terminal Cancer Patients and The Nature of Self-Determination of The Subject (말기 암 환자에 대한 임상시험과 피험자의 자기결정권의 본질)

  • Song, Young-Min
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.211-237
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    • 2014
  • Because of unpredictability and high possibility of abnormal results by clinical trials compared to general medical behaviors, a procedure for ensuring with sufficient explanations by investigators must be secured. Therefore, in a sequence of clinical trials, what kinds of scope, stage, and method of explanations provided by investigators, including doctors or researchers, to trial subjects are closely related to the compensation for damages by violation of liability for explanation. In case of application of clinical trials to patients who have critical illness such as cancer, issues of "Quality of Life" regarding trial subjects, cancer patients, should be discussed. Especially, in case of clinical trials for terminal cancer patients, the right of subjects' self-determination, which is a fundamental principle in medical behaviors, should be discussed. The right of self-determination includes participation in clinical trials for the possibility of life-sustaining even a little bit, or no participation in clinical trials in order to have a time for completing the rest of his life. Like this, if the extent and scope of explanations related to the issues of "Quality of Life" are raised as main issues, the evaluation of "Quality of Life", should be a prerequisite. In many occasions, realistically, despite bad results such as deaths or serious adverse drug reactions after clinical trials, it may not be easy for compensating to trial subjects or their survivors, who requested civil compensation for damage. Futhermore, in abnormal results after concealment of clinical trials or performance of clinical trials without permission, and in the case of trial subjects' failures of proving proximate cause between the clinical trials and abnormal results, problematic results such as no protection to the trial subjects could be occurred. In performing clinical trials, investigators should provide sufficient explanations for trial subjects and secure voluntary informed consents from the trial subjects. Therefore, clinical trials without trial subjects' permissions and the informed consent process violate trial subjects' rights of self-determination, and the investigators shall be liable for compensation for damages. Then, issues might be addressed are what are essential contents of patients' "rights of self-determination" infringed by clinical trials without subjects' permissions. Two perspectives about patients' rights of self-determination might be considered. One perspective regards physical distress of patients (subjects) from therapies without sufficient explanations as the crux of the matter. The other perspective regards infringement of human dignity caused by being subjects without permission as the crux of the matter irrespective of risks' big and small influences. This research follows perspective of the latter. Forming constant fiduciary relation between investigators (doctors) and subjects (patients) pursuant medical contracts, and in accordance with this fiduciary relation, subjects, who are patients, have expectations of explanations and treatments by the best ways. If doctors and patients set this forth as a premise, doctors should assume civil liability when doctors infringe patients' expectations.

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Development of Regional Flood Debris Estimation Model Utilizing Data of Disaster Annual Report: Case Study on Ulsan City (재해연보 자료를 이용한 지역 단위 수해폐기물 발생량 예측 모형 개발: 울산광역시 사례 연구)

  • Park, Man Ho;Kim, Honam;Ju, Munsol;Kim, Hee Jong;Kim, Jae Young
    • Journal of Korea Society of Waste Management
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    • v.35 no.8
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    • pp.777-784
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    • 2018
  • Since climate change increases the risk of extreme rainfall events, concerns on flood management have also increased. In order to rapidly recover from flood damages and prevent secondary damages, fast collection and treatment of flood debris are necessary. Therefore, a quick and precise estimation of flood debris generation is a crucial procedure in disaster management. Despite the importance of debris estimation, methodologies have not been well established. Given the intrinsic heterogeneity of flood debris from local conditions, a regional-scale model can increase the accuracy of the estimation. The objectives of this study are 1) to identify significant damage variables to predict the flood debris generation, 2) to ascertain the difference in the coefficients, and 3) to evaluate the accuracy of the debris estimation model. The scope of this work is flood events in Ulsan city region during 2008-2016. According to the correlation test and multicollinearity test, the number of damaged buildings, area of damaged cropland, and length of damaged roads were derived as significant parameters. Key parameters seems to be strongly dependent on regional conditions and not only selected parameters but also coefficients in this study were different from those in previous studies. The debris estimation in this study has better accuracy than previous models in nationwide scale. It can be said that the development of a regional-scale flood debris estimation model will enhance the accuracy of the prediction.

Recent Developments in Aviation Case Law (국제항공운송법(國際航空運送法) 판례(判例)의 최근(最近) 동향(動向))

  • Choi, June-Sun;Kahng, Seung-Hoon
    • The Korean Journal of Air & Space Law and Policy
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    • v.5
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    • pp.119-169
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    • 1993
  • In this article the present writers have surveyed recent cases on Warsaw Convention especially on the cases emerged in the years between 1986 to 1993. The cases before 1986 were discussed already in the book titled "Liability of International Air Carrier," written by Professor Choi, published in Seoul 1986. In this article the writers have reviewed most of the American cases and some cases from the courts of Germany, France and England. Main subjects which were discussed herein were as follows: Liability of air carriers in Warsaw Convention carriage 1. Exclusivity of the Warsaw Convention as a remedy 2. Warsaw Jurisdiction 3. The scope of the Warsaw Convention's definition of "Accident" under Article 17 of the Warsaw Convention (1) Mental anguish (2) Unusual or unexpected events 4. Adequacy of notice of the limitation of liability to passengers for injuries and death 5. Damages recoverable, punitive damages and burden of proof 6. The wilful misconduct exception; definition of wilful misconduct 7. Cargo and passenger baggage 8. Time limitation of actions After examining articles published world-wide, this article compiles and analyses recent cases involving the Warsaw Convention system. As Warsaw System is based on international convention, maintaining uniformity in interpretation is of utmost importance. Therefore, this type of study is essential for resolving air-transportation disputes in Korea. This article examines the current state and recommends the desired course for the Warsaw Convention. The writers hope that this article is helpful to the Korean courts and those in the air-transportation industry in interpreting the Warsaw Convention.

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Review of 2018 Major Medical Decisions (II) (2018년 주요 의료판결 분석 (II))

  • Lee, Dong Pil;Lee, Jung Sun;Yoo, Hyun Jung;Park, Tae Shin;Jeong, Hye Seung;Park, Noh Min
    • The Korean Society of Law and Medicine
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    • v.20 no.2
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    • pp.231-260
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    • 2019
  • Following the last issue, we summarized the major medical judgments in 2018. Especially, efforts have been made to introduce as many judgments as they relate to the obligation to explain. This is because the limits of the court's judgments were so diverse that it was unknown. Regarding the extent of damages, attention should also be paid to cases where the cost of care is recognized as a large amount, and cases where the memorandum is effective for the increased cost of treatment. The rulings related to the payment and deduction of medical expenses were the most discussed, although the description was small. The case of multi-institutional operation of medical institutions is an interim decision, but it is a case of interest in the medical community, and regarding uninsured medical expenses, cases of discretionary abuse have been reduced compared to the past, but are still significant.

Damage assessment of buildings after 24 January 2020 Elazığ-Sivrice earthquake

  • Nemutlu, Omer Faruk;Balun, Bilal;Sari, Ali
    • Earthquakes and Structures
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    • v.20 no.3
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    • pp.325-335
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    • 2021
  • The majority of Turkey's geography is at risk of earthquakes. Within the borders of Turkey, including the two major active faults contain the North-Eastern and Eastern Anatolia, earthquake, threatening the safety of life and property. On January 24, 2020, an earthquake of magnitude 6.8 occurred at 8:55 p.m. local time. According to the data obtained from the stations in the region, peak ground acceleration in the east-west direction was measured as 0.292 g from the 2308 coded station in Sivrice. It is thought that the earthquake with a magnitude of Mw 6.8 was developed on the Sivrice-Puturge segment of the Eastern Anatolian Fault, which is a left lateral strike slip fault, and the tear developed in an area of 50-55 km. Aftershocks ranging from 0.8 to 5.1 Mw occurred following the main shock on the Eastern Anatolian Fault. The earthquake caused severe structural damages in Elazığ and neighboring provinces. As a result of the field investigations carried out in this study, significant damage levels were observed in the buildings since it did not meet the criteria in the earthquake codes. Within the study's scope, the structural damage cases in reinforced concrete and masonry structures were investigated. Many structural deficiencies and mistakes such as non-ductile details, poor concrete quality, short columns, strong beams-weak columns mechanism, large and heavy overhangs, masonry building damages and inadequate reinforcement arrangements were observed. Requirements of seismic codes are discussed and compared with observed earthquake damage.

The comparison of sectional damages in reinforced-concrete structures and seismic parameters on regional Basis; a case study from western Türkiye (Aegean Region)

  • Ercan Isik;Hakan Ulutas;Aydin Buyuksarac
    • Earthquakes and Structures
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    • v.24 no.1
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    • pp.37-51
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    • 2023
  • Türkiye has made significant changes and updates in both seismic risk maps and design codes over time, as have other countries with high seismic risk. In this study, the last two seismic design codes and risk maps were compared for the Aegean Region (Western Türkiye) where the earthquake risk has once again emerged with the 2020 Izmir Earthquake (Mw=6.9). In this study, information about the seismicity of the Aegean Region was given. The seismic parameters for all provinces in the region were compared with the last two earthquake risk maps. The spectral acceleration coefficients of all provinces have increased and differentiated with the current seismic hazard map as a result of the design spectra used on a regional basis have been replaced by the geographical location-specific design spectra. In addition, section damage limits were obtained for all provinces within the scope of the last two seismic design codes. Structural analyses for a sample reinforced-concrete building were made separately for each province using pushover analysis. The deformations in the cross-sections were compared with the limit states corresponding to the damage levels specified in the last two seismic design codes for the region. Target displacement requests for all provinces have decreased with the current code. The differentiation of geographical location-specific design spectra both in the last two seismic design code and between provinces has caused changes in section damages and building performance levels. The main aim of this study is to obtain and compare both seismic and structural analysis results for all provinces in the Aegean Region (Western Türkiye).

Reviewing of Integrated Assessment of the Impacts of Climate Change and Sea-Level Rise on Agricultural Sector (기후변화·해수면 상승에 따른 농업부문 통합평가 사례연구 비교분석 및 개선방안)

  • Ahn, SoEun;Oh, SeoYun
    • Journal of Climate Change Research
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    • v.7 no.3
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    • pp.299-314
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    • 2016
  • The aim of this paper is to review integrated assessment studies conducted to address the impacts of climate change sea-level rise on agricultural sector and to derive suggestions for improving the integrated assessment process to assist decision-makers in establishing climate change adaptation policy. We collect integrated assessment studies which are based on the impact-pathway analysis, compare their step-by-step procedures and identify main factors addressed in each step. The assessment process is typically carried out in the sequence of scenario development, determination of assessment scope, physical impact assessment, economic analysis and synthesis of the outcomes from each step. We identify two types of integrated assessment. The first one examines the impacts of changes in temperature and/or precipitation on the crop-cultivation patterns and/or agricultural productivity and resulting economic effects on agricultural sector. The other investigates the impacts of sea-level rise on land use/coverage and resulting economic damages in terms of land-value loss where the effects on agriculture is treated as one sector among others. To enhance integrated assessment, we suggest that 1) scenarios need to incorporate the effects of climate change and sea-level rise simultaneously, 2) scope of the assessment needs to be extended to include ecosystem services as well as crop production, 3) social and cultural aspects need to be considered in addition to economic analysis, and 4) synthesis of the outcomes from each step should be able to combine quantitative as well as qualitative information.