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A study on the Shift of Burden of Proof in Medical Malpractice - Ruling of Jeonju Appellate Court 2017Na9346 - (의료과오소송에서의 증명책임에 대한 소고 -전주지방법원 2017. 7. 21. 선고 2017나9346판결-)

  • Lee, Soo-Kyoung;Yoon, Seok-Chan
    • The Korean Society of Law and Medicine
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    • v.22 no.2
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    • pp.49-79
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    • 2021
  • Due to defendant's wrongful act by implant surgery, plaintiff has been suffered serious damages to his face and teeth, and pain caused by establishing implanted teeth. Jeonju Appellate Court sentenced to pay future medical expenses and alimony to the plaintiff in compensation for breach of duty or torts. The ruling is designed to relieve the burden of proof because it is extremely difficult for non-experts to determine whether dentists violated their 'duty of care' or whether there was a causal relationship between damages to medial treatment. It was judged that if symptoms that contributed to the patient's significant outcome occurred during or after surgery, such symptoms could be presumed to have been caused by medical negligence if indirect facts were proven to be other than medical negligence. Originally, the shifting of burden of proof in Germany, has already been developed in medical malpractice case since 1940s. In order to guarantee the patients' right, §630h German Civil Code (BGB) - presumption of negligence in the realization of controllable risk- has been also legislated. BGH (Bundesgerichtshof) has been interested in ensuring that the principle of equality between patients and doctors. So, in this study, we wanted to refer to German precedent cases to analyzing Korean medical malpractice lawsuit. In particular, the decision could be significant in that it approaches closer to allows the shifting burden of proof in drastically growing dental malpractice cases. This is clearly confirmed in the judgment of the dentist's "fault" that "if indirect facts about the symptom or occurrence are proven to be cause other than medical negligence, such symptoms can be presumed to be due to medical negligence."

An Analysis of Improvement and Compilation Issues of Mathematics Textbooks for Elementary Schools: Focusing on the 2015 Revised Elementary School Mathematics Textbook Government Published (초등학교 수학 교과서 개선과 편찬 상의 이슈 분석: 2015 개정 초등학교 수학 국정 교과용 도서를 중심으로)

  • Lee, Hwa Young
    • Education of Primary School Mathematics
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    • v.25 no.4
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    • pp.411-431
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    • 2022
  • In this paper, implications for future curriculum compilation were sought by analyzing the process and results of compiling books for elementary school mathematics textbooks government published according to the 2015 revised curriculum. The 2015 revised elementary mathematics textbooks government published was operated with a systematic compilation system so that academia and school field experts across the country could demonstrate their expertise. As improvements in content, the unit and time to strengthen basic computational skills were increased, and the mathematical concept and principle introduction method and algorithm presentation method were improved, and the internal connection between contents was strengthened. The learning period was adjusted, such as moving and arranging contents that are difficult for students to understand to the upper semester or the upper grade. In the 1st and 2nd graders, the amount of reading was drastically reduced to suit the students' level of Korean, and sentences and vocabulary were improved, and instructions were briefly revised. As for editing and design improvements, illustrations of each unit's introduction and contextual pictures were presented in detail, and the characters in the textbook were consistently presented across all grades, giving children characters a role to actively participate in learning in the textbook. In the process of compiling, the media, the National Assembly, and civic groups raised opinions that sentences and vocabulary in first-year textbooks are more difficult than students' level of Hangeul education, that reducing textbooks makes it difficult for students to understand. Accordingly, efforts to improve textbook compilation and the results were viewed. Through the overall analysis as above, for future compilation of state-authored textbooks and certified textbooks, a plan to improve textbook compilation for students and teachers and a plan to operate compilation was proposed.

Integrated Quality Model of Product, Service and CSR of the Consumer Coopertive in Korea (유통업의 제품, 서비스, CSR 통합 품질 모형: 소비자생활협동조합을 중심으로)

  • Huh, Kwangjin;Lee, Junkyum;Park, Sangsun
    • Korean small business review
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    • v.43 no.4
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    • pp.95-115
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    • 2021
  • Quality is an important factor influencing organizational performance, so it should be possible to accurately and effectively measure the quality perceived by members. The Consumer Cooperative can be seen as a retail industry by industry classification, and there are various studies based on the dimension of retail quality, but compared to the general retail industry, few studies have been conducted based on the quality level perceived by members. The purpose of this study is to develop quality dimensions and sub-attributes by analyzing in detail and elaborately how the quality of cooperative is viewed from the perspective of members who are both consumers and owners. To this end, the quality dimension of cooperative quality is needed to be newly developed and quality components are demonstrated based on previous studies on the quality dimension. The quality dimension of the cooperative was developed through prior research to suit the value of the cooperative in product, service, and social responsibility, and a survey was conducted to demonstrate the four major cooperative members in Korea. Through this, sub-dimensions were constructed and the quality dimension of the high-order model was demonstrated through exploratory factor analysis and confirmatory factor analysis. It aims to discover key management elements in terms of quality management and provide practical implications to management.

The Future of NVH Research - A Challenge by New Powertrains

  • Genuit, Ing. K.
    • Proceedings of the Korean Society for Noise and Vibration Engineering Conference
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    • 2010.05a
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    • pp.48-48
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    • 2010
  • Sound quality and NVH-issues(Noise, Vibration and Harshness) of vehicles has become very important for car manufacturers. It is interpreted as among the most relevant factors regarding perceived product quality, and is important in gaining market advantage. The general sound quality of vehicles was gradually improved over the years. However, today the development cycles in the automotive industry are constantly reduced to meet the customers' demands and to react quickly to market needs. In addition, new drive and fuel concepts, tightened ecological specifications, increase of vehicle classes and increasing diversification(increasing market for niche vehicles), etc. challenge the acoustic engineers trying to develop a pleasant, adequate, harmonious passenger cabin sound. Another aspect concerns the general pressure for reducing emission and fuel consumption, which lead to vehicle weight reductions through material changes also resulting in new noise and vibration conflicts. Furthermore, in the context of alternative powertrains and engine concepts, the new objective is to detect and implement the vehicle sound, tailored to suit the auditory expectations and needs of the target group. New questions must be answered: What are appropriate sounds for hybrid or electric vehicles? How are new vehicle sounds perceived and judged? How can customer-oriented, client-specific target sounds be determined? Which sounds are needed to fulfil the driving task, and so on? Thus, advanced methods and tools are necessary which cope with the increasing complexity of NVH-problems and conflicts and at the same time which cope with the growing expectations regarding the acoustical comfort. Moreover, it is exceedingly important to have already detailed and reliable information about NVH-issues in early design phases to guarantee high quality standards. This requires the use of sophisticated simulation techniques, which allow for the virtual construction and testing of subsystems and/or the whole car in early development stages. The virtual, testing is very important especially with respect to alternative drive concepts(hybrid cars, electric cars, hydrogen fuel cell cars), where complete new NVH-problems and challenges occur which have to be adequately managed right from the beginning. In this context, it is important to mention that the challenge is that all noise contributions from different sources lead to a harmonious, well-balanced overall sound. The optimization of single sources alone does not automatically result in an ideal overall vehicle sound. The paper highlights modern and innovative NVH measurement technologies as well as presents solutions of recent NVH tasks and challenges. Furthermore, future prospects and developments in the field of automotive acoustics are considered and discussed.

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An Analysis of the Variations of Haegeum's Timbres According to the Types of Wonsan (해금 원산의 소재에 따른 음색 변화 분석)

  • Sung, Ki-Young;Lee, You-Jung
    • Journal of Korea Entertainment Industry Association
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    • v.13 no.8
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    • pp.291-302
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    • 2019
  • In this paper, we first looked at the structures and characteristics of the musical instrument to study the tone of haegeum, which is the only Korean musical instrument made using all the eight ingredients that make gugak instruments, and which is now the most frequently used in fusion gugak or pop music production sites. In addition, for the comparison of the various tones of the haegeum, under the same conditions, we analized how the haegeum's tone changes according to the types of Wonsan, which works as the bridge of the haegeum. Four Wonsan made of Park, Rosewood, Maple and Black Dan were used in the experiment, and low, medium, and high notes were recorded to compare the inner and outter open strings and the sound ranges. By doing so, we looked at the composition of frequency characteristics and the distribution and analyzed the timbres according to the types of Wonsan. Based on this study, it is expected to help the performers in the field choose the proper Wonsan according to each harmony part, rather than just to their tastes when performing Gugak orchestral music or haegeum ensemble. We also look forward to playing haegeum and using the timbres in various combinations of Wonsan that suit the genres at the pop music industry.

Development of Mental Health Self-Care App for University Student (대학생을 위한 정신건강 자가관리 어플리케이션 개발)

  • Kang, Gwang-Soon;Roh, Sun-Sik
    • Journal of Korea Entertainment Industry Association
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    • v.13 no.1
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    • pp.25-34
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    • 2019
  • The purpose of this study is to develop a mobile app for mental health self care of university student. User centered design is a research design that applies the subject's needs assessment, analysis, design, development, evaluation, modification and supplement to suit the subjects. In order to manage the mental health of university students, they consisted of four main areas of mental health problems: drinking, sleeping, depression, and stress. It is designed to enable self test content, analysis and notification of inspection results, and management plan for current status of each area. Based on this, I developed an Android based mental health self-care Application. The subject can enter his or her mental health status data to explain the normal or risk level for each result, and the subject can then select the appropriate intervention method that he or she can perform. In addition, we developed a mental health self care calendar that can display the present status of each of the four areas on a day by day basis, and the current status can be expressed in an integrated manner through animations and status bars. The purpose of this study was to develop a mental health self-care app that can be improved by continuous and improved programs.

The Synesthetic Presence and Physical Movement of Nong-ak as Seen Through Affect Theory (정동 이론으로 본 농악의 공감각적 현존과 신체 운동)

  • Kwon, Eun-Young
    • (The) Research of the performance art and culture
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    • no.40
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    • pp.5-35
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    • 2020
  • Affect is intensity and quality that are generated as the physical body senses the outside world. Of experienced affect, notions that are granted meaning and interpretation are emotions. Affect theory distinguishes emotion and affect and by focusing on affect, it provides methods with which to analyze physical body responses and changes and it presents new possibilities to performing arts research that uses the physical body as a medium. Nong-ak is art that concentrates mainly on the occurrence of affect rather than 'representation'. Nong-ak is a performance type in which sound, color, texture, and physical movement overlap and exist in a synesthetic way. Here, physical things such as instruments, props, costumes, and stage devices are gathered together with non-physical things such as rhythm, mood, and atmosphere around human bodies. The physical body is stimulated by these things, displays tendencies that suit performances, and becomes 'the body without an image' as it immerses itself into the performance, acting while displaying 'quasi-corporeality'. The body, which moves automatically as if without consciousness, appears more easily within groups. To transition individuals of everyday life to 'the body without an image', Nong-ak executes the group physical exercise of 'Jinpuri'. Such physical exercise builds up affect by increasing nonverbal communion and communication and brings out the creativity of individuals within mutual trust and a sense of belonging. Affect and emotion stirred up by Nong-ak act as confirmation and affirmation of the existence, vitality, and ability of one's self and groups. Such affirmation recalls Nong-ak as a meaningful and important value from group dimensions and perceives it as a performance form that should be preserved and passed on.

Application of Zooplankton Index for Korean Lake Health Assessment; Verification of Community Index for Lake Assessment Using Multi Metric (호소생태계 건강성 평가를 위한 동물플랑크톤 MMI의 국내 적용 연구)

  • Yerim Choi;Hye-Ji Oh;Hyunjoon Kim;Geun-Hyeok Hong;Dae-Hee Lee;Ihn-Sil Kwak;Chang Woo Ji;Young-Seuk Park;Yong-Jae Kim;Kwang-Hyeon Chang
    • Korean Journal of Ecology and Environment
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    • v.56 no.1
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    • pp.70-82
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    • 2023
  • Recently, Korean government has introduced Multi Metric Indices (MMI) using various biocommunity information for aquatic ecosystem monitoring and ecosystem health assessment at the national level. MMI is a key tool in national ecosystem health assessment programs. The MMI consists of indices that respond to different target environmental factors, including environmental disturbance (e.g. nutrients, hydrological and hydraulic situation of site etc.). We used zooplankton community information collected from Korean lakes to estimate the availability of candidate zooplankton MMI indices that can be used to assess lake ecosystem health. First, we modified the candidate indices proposed by the U.S. EPA to suit Korean conditions. The modified indices were subjected to individual index suitability analysis, correlation analysis with environmental variables, and redundancy analysis among indices, and 19 indices were finally selected. Taxonomic diversity was suggested to be an important indicator for all three taxonomic groups (cladoceran, copepod, rotifer), on the other hand, the indices using biomass for large cladocerans and copepods, while the indices using abundance were suggested for small cladocerans and rotifers.

Machine Learning-based Phase Picking Algorithm of P and S Waves for Distributed Acoustic Sensing Data (분포형 광섬유 센서 자료 적용을 위한 기계학습 기반 P, S파 위상 발췌 알고리즘 개발)

  • Yonggyu, Choi;Youngseok, Song;Soon Jee, Seol;Joongmoo, Byun
    • Geophysics and Geophysical Exploration
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    • v.25 no.4
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    • pp.177-188
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    • 2022
  • Recently, the application of distributed acoustic sensors (DAS), which can replace geophones and seismometers, has significantly increased along with interest in micro-seismic monitoring technique, which is one of the CO2 storage monitoring techniques. A significant amount of temporally and spatially continuous data is recorded in a DAS monitoring system, thereby necessitating fast and accurate data processing techniques. Because event detection and seismic phase picking are the most basic data processing techniques, they should be performed on all data. In this study, a machine learning-based P, S wave phase picking algorithm was developed to compensate for the limitations of conventional phase picking algorithms, and it was modified using a transfer learning technique for the application of DAS data consisting of a single component with a low signal-to-noise ratio. Our model was constructed by modifying the convolution-based EQTransformer, which performs well in phase picking, to the ResUNet structure. Not only the global earthquake dataset, STEAD but also the augmented dataset was used as training datasets to enhance the prediction performance on the unseen characteristics of the target dataset. The performance of the developed algorithm was verified using K-net and KiK-net data with characteristics different from the training data. Additionally, after modifying the trained model to suit DAS data using the transfer learning technique, the performance was verified by applying it to the DAS field data measured in the Pohang Janggi basin.

Payment Refusal against Discrepancy in Transport Document under L/C Transaction (신용장거래에서 운송서류 불일치에 대한 지급거절)

  • Lee, Jung-Sun
    • Korea Trade Review
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    • v.42 no.2
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    • pp.205-225
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    • 2017
  • The study attempts to verify the case related to the notice of payment refusal by issuing bank regarding discrepancy in transport document under L/C(Letter of Credit) transaction. Considering the high portion of trade between Korea and China, Korean companies and banks in L/C transaction should be careful about many unpredictable situations. The case of this study is that Chinese seller(beneficiary) initiated a civil suit against Industrial Bank of Korea to Chinese court and Chinese courts in the first and second trials judged that the notice of payment refusal by Industrial bank of Korea doesn't satisfy Article 16, (c) (ii) (iii) in UCP 600. However, Industrial Bank of Korea implements the judgement even though the judgement is highly biased to Chinese seller. Considering the judgement by Chinese courts, the study suggests some countermeasures to Korean companies and banks which opened L/C. First, the issuing bank should describe the contents of discrepancy specifically based on Article 16, (c) in UCP 600. Second, it is necessary to insert a clause regarding governing law in the L/C contract like sales contract. Third, considering the biased judgement by Chinese court and difficulty in execution of foreign judgement in China, it is recommended to using arbitration as a method of dispute resolution such as ICLOCA and DOCDEX Rules which are international system operated by international instruments because it has legal effects to parties in L/C contracts if the issuing bank inserts arbitration clause in L/C.

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