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Regarding Issues on the Lawsuit of Medical Malpractice in the Implant Procedure -Focusing on the contract's legal character and the mitigation of burden of proof- (임플란트 시술상 의료과오의 소송상 쟁점에 관하여 -계약의 법적성격 및 입증책임 완화를 중심으로-)

  • Han, Taeil
    • The Korean Society of Law and Medicine
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    • v.19 no.1
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    • pp.143-163
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    • 2018
  • Implant procedure belongs to so called a commercialized medical treatment, its procedure is simple and clear, and the possibility of success is almost 100%. In addition, it is a selective method rather than an inevitable method for a patient's health, so the importance of liability for explanation is especially emphasized for protection of autonomous decisions by patients. Considering these characteristics, the plaintiff in the relevant case said that the contract of implant procedure has the characteristic of subcontract, and only the failure of implant itself and the violation of liability for explanation should be the defendant's fault liability. In addition, although the above procedure contract is considered as delegation rather than subcontract, whether it's the defendant's malpractice should be judged by general people's common sense rather than average people in the industry. Therefore, if all the implanted teeth were removed due to bleeding and pains, and the patient suffered from dysaesthesia during the process, the defendant's malpractice is fully proved. When the judgements of implant medical malpractice were researched, the court doesn't consider implant contract as subcontract, but it judges dentist's malpractice by whether the implant itself is successful, so it seems that the court acknowledges similar characteristics with subcontract whose purpose is completion of work to some degree. In addition, considering the detailed contents of presented medical malpractices, it seems that judging medical malpractice is based on the common sense of general people. Therefore, the argument of the plaintiff is valid when the fact the adjustment amount is relevant to the amount that the plaintiff initially claimed is considered even though the relevant case was decided to be compulsory mediation.

Analysis on Error Types of Descriptive Evaluations in the Learning of Elementary Mathematics (초등수학 서술형 평가에서 나타나는 오류 유형 분석)

  • Jung, Hyun-Do;Kang, Sin-Po;Kim, Sung-Joon
    • Journal of Elementary Mathematics Education in Korea
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    • v.14 no.3
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    • pp.885-905
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    • 2010
  • This study questions that mathematical evaluations strive to memorize fragmentary knowledge and have an objective test. To solve these problems on mathematical education We did descriptive test. Through the descriptive test, students think and express their ideas freely using mathematical terms. We want to know if that procedure is correct or not, and, if they understand what was being presented. We studied this because We want to analyze where and what kinds of faults they committed, and be able to correct an error so as to establish a correct mathematical concept. The result from this study can be summarized as the following; First, the mistakes students make when solving the descriptive tests can be divided into six things: error of question understanding, error of concept principle, error of data using, error of solving procedure, error of recording procedure, and solving procedure omissions. Second, students had difficulty with the part of the descriptive test that used logical thinking defined by mathematical terms. Third, errors pattern varied as did students' ability level. For high level students, there were a lot of cases of the solving procedure being correct, but simple calculations were not correct. There were also some mistakes due to some students' lack of concept understanding. For middle level students, they couldn't understand questions well, and they analyzed questions arbitrarily. They also have a tendency to solve questions using a wrong strategy with data that only they can understand. Low level students generally had difficulty understanding questions. Even when they understood questions, they couldn't derive the answers because they have a shortage of related knowledge as well as low enthusiasm on the subject.

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The Effects of Food Service Franchisors' Conflict Resolution Activities on Procedure Quality, Behaviour Quality and Dissolution Intention (외식 프랜차이즈 본부의 갈등해결행동이 절차와 행동의 질 및 해지의도에 미치는 영향)

  • Han, Sang-Ho;Yang, Jae-Jang;Lee, Yong-Ki
    • The Korean Journal of Franchise Management
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    • v.8 no.3
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    • pp.29-37
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    • 2017
  • Purpose - In recent years, research has been conducted on the conflict resolution strategies of the franchise headquarters and the franchisees, but there is a lack of research on the factors of conflict due to the intrinsic structure, such as interdependence or hierarchical relationship, and behavioral analysis to reduce the conflict. In this study, we analyze the relationship between satisfaction and trust formed in the process and result of the business, and the result of action to dissolution intention. Research design, data, methodology - For these purposes, the author developed the proposed model and several hypotheses. In this model, conflict resolution strategies consist of five dimensions such as avoiding, forcing, cooperating, obliging, and compromising strategy. And, this model proposed that onflict resolution strategies are antecedents of procedure quality, behaviour quality and dissolution intention are consequences of conflict resolution strategies. The data were collected from April 1 to April 15, 2013. Because this study examined franchise industries from the franchisee perspective, we contacted franchisee store owner and managers located in Seoul and Gyeonggi Province. Interviewers trained contacted a total of 483 franchisees, and 400 franchisees responded. Out of 400 respondents, 2 respondents were deleted due to missing information. Thus, a total of 398 franchisee were used for this study. he data were analyzed using frequency analysis, confirmatory factor analysis, correlation analysis, and structural equational modeling with SPSS 24.0 and Amos 23.0 statistical program. Results - The findings can be summarized as follows: First, franchisor conflict resolution activities have significant effects on procedure quality. Second, procedure quality has a significant effect on behavior quality. Finally, behavior quality has a significant effect on dissolution intention. Conclusions - In this study, we investigated the relationship between conflict resolution behavior, procedural quality, behavior quality and dissolution intention. As a result, the franchisers should strive to resolve conflicts not only in solving simple problems with franchisees, but also in a longer term perspective. We also found that the procedural aspects of resolving conflicts should not be ignored. If the trust and satisfaction of each other increase during the process of resolving the conflict, it will positively affect the satisfaction and trust in resolving the conflict. This is also because it serves to lower the intention of termination. However, there is a limitation that it is targeted only to the restaurant franchise, and it is necessary to study the conflict resolution behavior depending on the type of conflict.

A novel shear deformation theory for buckling analysis of single layer graphene sheet based on nonlocal elasticity theory

  • Mokhtar, Youcef;Heireche, Houari;Bousahla, Abdelmoumen Anis;Houari, Mohammed Sid Ahmed;Tounsi, Abdelouahed;Mahmoud, S.R.
    • Smart Structures and Systems
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    • v.21 no.4
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    • pp.397-405
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    • 2018
  • In this paper, a novel simple shear deformation theory for buckling analysis of single layer graphene sheet is formulated using the nonlocal differential constitutive relations of Eringen. The present theory involves only three unknown and three governing equation as in the classical plate theory, but it is capable of accurately capturing shear deformation effects, instead of five as in the well-known first shear deformation theory (FSDT) and higher-order shear deformation theory (HSDT). A shear correction factor is, therefore, not required. Nonlocal elasticity theory is employed to investigate effects of small scale on buckling of the rectangular nano-plate. The equations of motion of the nonlocal theories are derived and solved via Navier's procedure for all edges simply supported boundary conditions. The results are verified with the known results in the literature. The influences played by Effects of nonlocal parameter, length, thickness of the graphene sheets and shear deformation effect on the critical buckling load are studied. Verification studies show that the proposed theory is not only accurate and simple in solving the buckling nanoplates, but also comparable with the other higher-order shear deformation theories which contain more number of unknowns.

A Simple Analytical Model for MEMS Cantilever Beam Piezoelectric Accelerometer and High Sensitivity Design for SHM (structural health monitoring) Applications

  • Raaja, Bhaskaran Prathish;Daniel, Rathnam Joseph;Sumangala, Koilmani
    • Transactions on Electrical and Electronic Materials
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    • v.18 no.2
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    • pp.78-88
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    • 2017
  • Cantilever beam MEMS piezoelectric accelerometers are the simplest and most widely used accelerometer structure. This paper discusses the design of a piezoelectric accelerometer exclusively for SHM applications. While such accelerometers need to operate at a lower frequency range, they also need to possess high sensitivity and low noise floor. The availability of a simple model for deflection, charge, and voltage sensitivities will make the accelerometer design procedure less cumbersome. However, a review of the open literature suggests that such a model has not yet been proposed. In addition, previous works either depended on FEM analysis or only reported on the fabrication and characterization of piezoelectric accelerometers. Hence, this paper presents, for the first time, a simple analytical model developed for the deflection, induced voltage, and charge sensitivity of a cantilever beam piezoelectric accelerometer.The model is then verified using FEM analysis for a range of different cases. Further, the model was validated by comparing the induced voltages of an accelerometer estimated using this model with experimental voltages measured in the accelerometer after fabrication. Subsequently, the design of an accelerometer is demonstrated for SHM applications using the analytical model developed in this work. The designed accelerometer has 60 mV/g voltage sensitivity and 2.4 pC/g charge sensitivity, which are relatively high values compared to those of the piezoresistive and capacitive accelerometers for SHM applications reported earlier.

DEVELOPMENT OF A NEW ION TRANSPORT CODE FOR PLANETARY IONOSPHERES WITH EXPLICIT TREATMENT OF ION-ION COLLISION

  • KIM YONG HA
    • Journal of The Korean Astronomical Society
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    • v.38 no.2
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    • pp.59-66
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    • 2005
  • A new ion transport code for planetary ionospheric studies has been developed with consideration of velocity differences among ion species involving ion-ion collision. Most of previous planetary ionosphere models assumed that ions diffuse through non-moving ion and neutral background in order to consolidate continuity and momentum equations for ions into a simple set of diffusion equations. The simplification may result in unreliable density profiles of ions at high altitudes where ion velocities are fast and their velocity differences are significant enough to cause inaccuracy when computing ion-ion collision. A new code solves explicitly one-dimensional continuity and momentum equations for ion densities and velocities by utilizing divided Jacobian matrices in matrix inversion necessary to the Newton iteration procedure. The code has been applied to Martian nightside ionosphere models, as an example computation. The computed density profiles of $O^+,\;OH^+$, and $HCO^+$ differ by more than a factor of 2 at altitudes higher than 200 km from a simple diffusion model, whereas the density profile of the dominant ion, $O_2^+$, changes little. Especially, the density profile of $HCO^+$ is reduced by a factor of about 10 and its peak altitude is lowered by about 40 km relative to a simple diffusion model in which $HCO^+$ ions are assumed to diffuse through non-moving ion background, $O_2^+$. The computed effects of the new code on the Martian nightside models are explained readily in terms of ion velocities that were solved together with ion densities, which were not available from diffusion models. The new code should thus be expected as a significantly improved tool for planetary ionosphere modelling.

Clinical and Statistical Analysis in 452 Cases of Nasal Bone Fracture Patients (코뼈 골절 환자 452례에 대한 임상 통계학적 분석)

  • Kang, Jae-Hoon;Bang, Yoo-Hyun;Lee, Yong-Hae;Choi, Chang-Yong
    • Archives of Plastic Surgery
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    • v.38 no.6
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    • pp.775-782
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    • 2011
  • Purpose: Nasal bone fracture is most common facial bone fracture. The cause of fractures is mainly trauma such as fighting, automobile accident and fall down, and it commonly involves young males. Very frequently nasal bone fractures are associated with other facial injuries such as orbital bone fracture, maxillary bone fracture and nasal septal deformities. Because of various dynamic directions of power are involved, phenomenon of fractures are also various and treatment cannot be simple. Methods: We studied and analyzed retrospectively 452 cases nasal bone fractures from January 2008 to December 2010. Diagnosis were made with physical examination, Nasal bone X-rays, Facial bone CT and 3D facial bone CT. Four surgeons are involved in treatments of these patients and applied different procedure along patient's condition and deformity. We analyzed the cause of nasal bone fractures, deformities, associate injuries and applied surgical technique, and patient's satisfaction rate. In this study, old nasal bone fractures were excluded. Results: Young male group was most commonly sustained nasal bone fracture and physical violence was most common cause of injury. 64 of 452 patient was involved associate injuries of face. Closed reduction were applied 246 cases and C-arm quide reduction were 167 cases and in 20 cases lateral osteotomy were applied. Approximately, more than 80% of the Patients were satisfied with the outcomes. Conclusion: Diagnosis and treatment of nasal bone fractures are considered simple but because of various deformity and associate injuries, treatment is not always simple and universal. Time to time, we face unsatisfied patient after treatment of nasal bone fractures. For obtaining satisfactory result, cause of injury and state of deformities and associate injuries such as nasal septal deformity should be evaluated properly and proper treatment should be applied.

A Study on the Development of Microorganism Test Strips (대장균군 검사용 간이 시험지 개발)

  • 이인애;김재화;이희구;성창근;최인성;정태화
    • Biomedical Science Letters
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    • v.2 no.1
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    • pp.49-55
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    • 1996
  • The objective of this study was to develop a paper strip which could determine E. coli qualitatively and quantitatively in water, wastewater, drinks, or food. This paper strip method was a simple and rapid test method that determine E. coli by visual identification. In this study, nutrient culture media were formulated and characterized for optimum conditions. Paper strips were then prepared by impregnating into the media and dried at $60^\circ$C. The test procedure is quite simple to use. The paper strip was dipped into a sample, and excess sample was removed. The strip was then incubated at $37^\circ$C for 16 to 20 hours and the number of colonies on the strip was counted. The color of the colony spots produced by microorganisms varied depending on the media formulation. Violet-red spots were produced by E. coli. The test method was simple, rapid and no special laboratory equipment was necessary for visual identification. Therefore, this test method is applicable to on-site tests such as field tests or home tests. The paper strip method was compared with the standard agar plate method and Japanese commercial product. The method of the economical preparation of test strips was studied for production on industrial scale.

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Reconstruction Techniques for Tissue Defects Formed after Preauricular Sinus Excision

  • Lee, Myung Joon;Yang, Ho Jik;Kim, Jong Hwan
    • Archives of Plastic Surgery
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    • v.41 no.1
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    • pp.45-49
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    • 2014
  • Background Preauricular sinuses are congenital abnormalities caused by a failure of fusion of the primitive tubercles from which the pinna is formed. When persistent or recurring inflammation occurs, surgical excision of the infected tissue should be considered. Preauricular defects inevitably occur as a result of excisions and are often difficult to resolve with a simple suture; a more effective reconstruction technique is required for treating these defects. Methods After total excision of a preauricular sinus, the defect was closed by a plastic surgeon. Based on the depth of the defect and the degree of tension when apposing the wound margins, the surgeon determined whether to use primary closure or a posterior auricular flap. Results A total of 28 cases were examined. In 5 cases, including 2 reoperations for dehiscence after primary repair, reconstruction was performed using posterior auricular transposition flaps. In 16 cases of primary closure, the defects were closed using simple sutures, and in 7 cases, closure was performed after wide undermining. Conclusions If a preauricular defect is limited to the subcutaneous layer and the margins can be easily approximated, primary closure by only simple suturing may be used to perform the repair. If the defect is deep enough to expose the perichondrium or if there is tension when apposing the wound margins, wide undermining should be performed before primary closure. If the extent of the excision exposes cartilage, the procedure follows dehiscence of the primary repair, or the tissue is not sufficiently healthy, the surgeon should use a posterior auricular flap.

Comparison of Composite Methods of Satellite Chlorophyll-a Concentration Data in the East Sea

  • Park, Kyung-Ae;Park, Ji-Eun;Lee, Min-Sun;Kang, Chang-Keun
    • Korean Journal of Remote Sensing
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    • v.28 no.6
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    • pp.635-651
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    • 2012
  • To produce a level-3 monthly composite image from daily level-2 Sea-viewing Wide Field-of-view Sensor (SeaWiFS) chlorophyll-a concentration data set in the East Sea, we applied four average methods such as the simple average method, the geometric mean method, the maximum likelihood average method, and the weighted averaging method. Prior to performing each averaging method, we classified all pixels into normal pixels and abnormal speckles with anomalously high chlorophyll-a concentrations to eliminate speckles from the following procedure for composite methods. As a result, all composite maps did not contain the erratic effect of speckles. The geometric mean method tended to underestimate chlorophyll-a concentration values all the time as compared with other methods. The weighted averaging method was quite similar to the simple average method, however, it had a tendency to be overestimated at high-value range of chlorophyll-a concentration. Maximum likelihood method was almost similar to the simple average method by demonstrating small variance and high correlation (r=0.9962) of the differences between the two. However, it still had the disadvantage that it was very sensitive in the presence of speckles within a bin. The geometric mean was most significantly deviated from the remaining methods regardless of the magnitude of chlorophyll-a concentration values. Its bias error tended to be large when the standard deviation within a bin increased with less uniformity. It was more biased when data uniformity became small. All the methods exhibited large errors as chlorophyll-a concentration values dominantly scatter in terms of time and space. This study emphasizes the importance of the speckle removal process and proper selection of average methods to reduce composite errors for diverse scientific applications of satellite-derived chlorophyll-a concentration data.