• Title/Summary/Keyword: scope of damages

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Review of 2021 Major Medical Decisions (2021년 주요 의료판결 분석)

  • Park, Taeshin;Yoo, Hyunjung;Lee, Jeongmin;Cho, Woosun;Jeong, Heyseung
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.171-209
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    • 2022
  • There were also many medical-related rulings in 2021, among which the rulings reviewed in this paper are as follows. The first relates to a case in which the medical record, which is the primary judgment data regarding the presence or absence of medical negligence, has been modified. The court judged whether there was negligence on the basis of the first written medical record without considering the contents of the medical record that was later modified. Next, the ruling on the case of asking for liability for damages for prescription of anti-obesity drugs recognized negligence related to prescription, but denied liability for property damage by denying a causal relationship, and recognized only alimony for violation of the duty of explanation. The a full-bench ruling on the scope of subrogation of the National Health Insurance Corporation, which subrogates the claims for compensation for medical expenses against the perpetrator of the patient, changed the existing precedent that had taken the 'deduction method after offsetting negligence' and judged it as 'the method of offsetting negligence after deduction'. In addition, in the ruling on whether or not there was negligence, the court was not bound by the medical record appraisal result. Lastly, in relation to the National Health Insurance Service's disposition of reimbursement for medical care benefit costs, we reviewed the ruling that discretion should be exercised even when a non-medical person makes a refund to a medical institution opened by a non-medical person. And we also reviewed the ruling that the scope of reimbursement for medical institutions jointly using facilities and manpower specifically should be determined.

A Study on Treatment of the Cutting Rock Slopes - A Case study on the sloping work of the Po-Chun C.C Project and the Moon-Hak Sports complex project - (암반(岩盤) 절토비탈면 처리에 관한 사례연구 - 포천 C.C 조성 및 문학운동장 비탈면처리공을 중심(中心)으로 -)

  • Kim, Kil-Dong;Lee, Jae-Keun
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.1 no.1
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    • pp.95-101
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    • 1998
  • In order to seek a efficiency of site cooperation and slope stabilization in a rock sloping work, it would rather take into consideration, in its importance, a concurrent performance of civil works and landscaping works than give any part a special priority. It can enable us to achieve an expanded scope of landscaping works and improvement of slope scenery via this sort of cooperation. However, this can not be achieved without assurance on the slope stabilization and scenic view of the project owner, and further via this cooperation, environmentally familiar works can be performed, becoming natural environment and minimizing damages on surrounding scenery and environment. It is foreseeable that improvement of functions of civil equipment, introduction of technology and development of landscaping materials can facilitate an improvement in the betterment of slope scenery. Landscaping related parties need to enhance their understanding of rock sloping and scenic view based on knowledge on the fundermental understanding of slope stabilization and on the base rock characteristics.

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Analysis of LPG Facility Siting Considering BLEVE (BLEVE를 고려한 LPG 시설 Siting 분석)

  • Kim, Taebeom;Lee, Kyounglim;Lee, Juhee;Jung, Seungho;Lee, Kunmo
    • Journal of the Korean Society of Safety
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    • v.31 no.2
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    • pp.26-32
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    • 2016
  • In previous studies on LPG siting in Korea, the scope have not included the probability of the secondary events of adjacent LPG tanks or structures from an explosion source. Therefore, it is essential to first identify the phenomenon which can be caused by BLEVE and then, properly assess their effects to each target including secondary event. In this study, we calculated the effects from a potential BLEVE of 15 ton LPG tank causing damages of storage tanks (LPG), structures and human using Phast ver. 6.7 and then suggested three risk zones (Zone I, II, III) assuming the consequences such as overpressure, heat radiation and missile effect by fragments. Zone I and II are divided at the line of 50% occurrence of the secondary event. Zone II and III are divided by Individual Risk(IR). The zone approach in this study can be used for more effective and safer Land Use Planning (LUP) for the future.

A Study on the Prevention of Train Accidents Caused by Heavy Rains (폭우로 인한 열차사고 예방에 관한 연구)

  • Kim, Ki-Young;Seo, Gyu-Suk;Choi, Byung-Gie;Kang, Kyung-Sik
    • Journal of the Korea Safety Management & Science
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    • v.11 no.1
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    • pp.1-6
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    • 2009
  • The specific feature of trains as a means of transportation is that, on one side, at once they can carry big loads but, at the same time, if an accident occurs, it potentially leads to many human casualties or big material losses. Especially, train accidents caused by bad weather conditions result in many fatal losses of human lives and property. In Korea many railways run either in mountainous areas or along rivers thus making them especially susceptible to natural hazards. The types of damages inflicted by heavy rains resulting from rapidly changing meteorological conditions are diverse; and not only their scope is big but also they repeat regularly. Consequently, this study analyses the reasons why such effects of heavy rains on the railway conditions, damage to the railways caused by heavy rains or cases of stone fall as well as other types of accidents are not avoided. Study also, on the basis of laws related to movement in poor weather conditions and specifics of train braking, identifies systematic and technical problems and suggests and emphasizes new complex measures on their prevention.

A Study on the Characteristics and the Disaster Prevention Measures of Incendiary Fire (방화(放火)화재의 특성 및 방재대책에 관한 연구)

  • Choi, Jin
    • Fire Science and Engineering
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    • v.22 no.5
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    • pp.9-21
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    • 2008
  • The objective of this study is to suggest a fire prevention measure for suppressing and preventing loss of precious human lives and property damages. The characteristics of incendiary fire are analyzed in terms of fire engineering to review a plan for promoting for coping with the risk. In this study, a medical aspect such as mental and psychological analysis of the motive or act of an incendiary and legal and administrative problems such as the penalty for the incendiary are not included in the scope of the study. Fire statistics data of Korea, Japan, and U.S. are investigated for analysis of actual states of incendiary fire occurrences. In particular, to quantitatively recognize the burning characteristics of common fire and the burning characteristics of incendiary fire, a fire model test and computer simulation were performed. And a plan for promoting the optimal incendiary fire prevention measure were suggest.

A Study on the Prevention of Train Accidents Caused by Heavy Rains (폭우로 인한 열차사고 예방에 관한 연구)

  • Kim, Ki-Young;Seo, Gyu-Suk;Choi, Byung-Gie;Kang, Kyung-Sik
    • Proceedings of the Safety Management and Science Conference
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    • 2009.04a
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    • pp.35-43
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    • 2009
  • The specific feature of trains as a means of transportation is that, on one side, at once they can carry big loads but, at the same time, if an accident occurs, it potentially leads to many human casualties or big material losses. Especially, train accidents caused by bad weather conditions result in many fatal losses of human lives and property. In Korea many railways run either in mountainous areas or along rivers thus making them especially susceptible to natural hazards. The types of damages inflicted by heavy rains resulting from rapidly changing meteorological conditions are diverse; and not only their scope is big but also they repeat regularly. Consequently, this study analyses the reasons why such effects of heavy rains on the railway conditions, damage to the railways caused by heavy rains or cases of stone fall as well as other types of accidents are not avoided. Study also, on the basis of laws related to movement in poor weather conditions and specifics of train braking, identifies systematic and technical problems and suggests and emphasizes new complex measures on their prevention.

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Autonomous vision-based damage chronology for spatiotemporal condition assessment of civil infrastructure using unmanned aerial vehicle

  • Mondal, Tarutal Ghosh;Jahanshahi, Mohammad R.
    • Smart Structures and Systems
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    • v.25 no.6
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    • pp.733-749
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    • 2020
  • This study presents a computer vision-based approach for representing time evolution of structural damages leveraging a database of inspection images. Spatially incoherent but temporally sorted archival images captured by robotic cameras are exploited to represent the damage evolution over a long period of time. An access to a sequence of time-stamped inspection data recording the damage growth dynamics is premised to this end. Identification of a structural defect in the most recent inspection data set triggers an exhaustive search into the images collected during the previous inspections looking for correspondences based on spatial proximity. This is followed by a view synthesis from multiple candidate images resulting in a single reconstruction for each inspection round. Cracks on concrete surface are used as a case study to demonstrate the feasibility of this approach. Once the chronology is established, the damage severity is quantified at various levels of time scale documenting its progression through time. The proposed scheme enables the prediction of damage severity at a future point in time providing a scope for preemptive measures against imminent structural failure. On the whole, it is believed that the present study will immensely benefit the structural inspectors by introducing the time dimension into the autonomous condition assessment pipeline.

Status of Safety Accidents in Schools and Approach to Improve - Focused on School Safety and Insurance Association - (학교안전사고의 현황과 개선방안 - 학교안전공제회를 중심으로 -)

  • Jeong, Jeong-ile
    • Convergence Security Journal
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    • v.16 no.1
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    • pp.23-32
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    • 2016
  • The more a society becomes complicated and diversified along with the economic development, the more diverse l earning types the educational activities had beyond the existing educational approaches to cope with the complicated and diversified society. In particular, field studies and opportunity to use the dangerous educational appliances have been increasing in order to cope with the desires of education consumers requiring diversity and the individuality of students has been strengthened. In accordance with the trends above, the school accidents have been gradually increasing in recent days. Thus, this paper aims to propose the suggestions to teachers in real education fields by investigating the problems in compensation system of School Safety and Insurance Association against which the victim s of any school safety accidents firstly claim for the damages, the problems in the present system of the Association and how to improve the system in terms of the payment scope of the Association.

Development of Inspection Methodology for a Nuclear Piping Wall Thinning Caused by Erosion Using Ultrasonic B-Scan Measurement Device (B-Scan 초음파 측정장비를 이용한 원전 배관 침식손상 검사법 개발)

  • Lee, Dae Young;Suh, Heok Ki;Hwang, Kyeong Mo
    • Corrosion Science and Technology
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    • v.11 no.3
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    • pp.89-95
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    • 2012
  • U.S. Electric Power Research Institute (EPRI) has developed CHECWORKS program and applied it to power plant piping lines since some lines were ruptured by flow-accelerated corrosion (FAC) in 1978. Nowadays the CHECWORKS program has been used to manage pipe wall thinning phenomena caused by FAC. However, various erosion mechanisms can occur in carbon-steel piping. Most common forms of erosion are cavitation, flashing, liquid droplet impingement erosion (LDIE), and Solid Particle Erosion (SPE). Those erosion mechanisms cause pipe wall thinning, leaking, rupturing, and even result in unplanned shutdowns of utilities. Especially, in two phase condition, LDIE damages a wide scope of plant pipelines. Furthermore, LDIE is the major culprit to cause such as power runback by pipe leaking. This paper describes the methodologies that manage wall thinning and also predict LDIE wall thinning area. For this study, current properties of two-phase condition are investigated and LDIE areas are selected. The areas are checked by B-Scan method to detect the effect of wall thinning phenomena.

Environmental Dispute Adjustment System : Current Status and Issues (환경분쟁조정제도의 현황과 과제)

  • Yoon, Esook;Lee, Choon-Won
    • Journal of Arbitration Studies
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    • v.28 no.1
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    • pp.125-151
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    • 2018
  • Rapid industrial growth based on massive fossil fuel energy consumption has caused serious damages on natural environment and every aspects of human life. As demands for clean and pleasant living circumstance increases, conflicts and disputes around environmental problems have also been widespread. Given the 'environmental rights' is a relatively new legal concept, however, resolving environmental disputes through the traditional legal principles and litigation procedures could be restrictive and, in some sense. inefficient as well as expensive. With efforts to develop new legal principles on environmental disputes, the environmental dispute adjustment system has been introduced as an alternative dispute resolution to the traditional legal dispute procedures. The Korean Environmental Dispute Resolution Commission introduced as the environmental dispute adjustment system has been well established for the past twenty-seven years, given the steadily increasing numbers of applications to the Commission over environmental disputes. However, as most cases are still small in money terms and mainly subject to adjudication, the effectiveness and practical contribution of the Commission in the resolution of environmental disputes have in fact been limited. For the enhancement of the status and roles of the Commission as the prior instrument of the alternative dispute resolution(ADR) in environmental disputes, several suggestions could be considered as follows: First, mediation needs to be more activated than adjudication in order to meet the primary purpose of ADR that resolves environmental disputes according to free will of concerned parties. Second, the scope of mediation could be expanded to the areas including potential environmental damages. Third, the roles and responsibilities of the Environmental Dispute Resolution Commissions at both central and local levels need to be evenly distributed. Fourth, the mechanism and procedures of environmental dispute resolution should be standardized. Fifth, the status of the Environmental Dispute Resolution Commission could be elevated in rank by shifting its current affiliation from the Ministry of Environment to the Office of Prime Minister. Sixth, the organizational structure and human resources of the Commission need to be reinforced. Seventh, the current situation that tends to give priority to litigation procedures when an environment dispute is simultaneously pending in litigation and mediation should be eased and properly adjusted. Eighth, the adoption of mandatory mediation in advance to litigation needs to be discussed. Ninth, the legal authority of the Commission's decisions should be further guaranteed. If above suggestions are thoroughly reviewed and properly adopted, the roles, authority and power of the Environmental Dispute Resolution Commission would be increased in the era when environmental conflicts get widespread, requiring an effective alternative environmental dispute resolution mechanism.