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Review of 2014 Major Medical Decisions (2014년 주요 의료판결 분석)

  • Jeong, Hye Seung;Lee, Dong Pil;Yoo, Hyun Jung;Lee, Jung Sun
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.155-190
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    • 2015
  • The court sentenced meaningful decisions related to the medical service in 2014. The court assumed the negligence of medical staff in the accident if being broken while using the medical equipment for not an original purpose at the time of surgery and ruled that the compensation for damage can be recognized in recognition of the causal relationship between the explanation duty violation and side effect's happening when unproven surgery on safety is implemented regarding the duty of explanation, that in the case of cosmetic surgery, the subject on the duty of explanation needs to be expanded compared to the general medical practice and that the duty of explanation cannot be accepted for the range that cannot be expectable. Also, the court has provided the requirement and limitation of self-determination exercise in case of the crash between patient's self-determination and doctor's duty of care and has ruled that as automobile insurance contract is a contract with the insurance company to pay regarding liability for car accidents, treating patients and taking the insurance money is not illegal activity even for the unlicensed hospital violating the medical law while established. The judgment stating the opinion that medical practitioners cannot be punished according to the medical law prohibiting the receiving of rebate in case that medical practitioners did not receive benefit while the medical institution itself gained an unfair economic benefit also stands out. And the court has ruled that even if the medical institution who received a business suspension is closed, the suspension is still effective in case that the same operator opens a new medical institution in the same place, ruled on the requirement to conduct a medical service outside of the medical institution that the doctor opened and ruled that the administrative penalty cannot be conducted prior to the conviction on charge of violating the medical law.

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A Survey on Self-reported Health and Eating Habit of Elite Female Adolescent Athletes in Incheon by Sport Type (인천지역 대표 중고등학교 여자 선수의 운동경기 종목별 건강 및 식습관에 관한 조사)

  • Sung, Hyuni;Chang, Kyung-Ja
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.34 no.3
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    • pp.366-373
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    • 2005
  • This study was carried out to investigate the self-reported health and eating habit of the elite female adolescent athletes in Incheon. The subjects were 102 elite female athletes of middle and high schools located in Inchon. A self-administered Questionnaire was used for this cross-sectional survey. Statistical analysis by two-way ANOVA was performed to discriminate between the main effects of age (as middle and high school athletes) and sports type, and their interaction. As use of nutritional supplements, 35.8% of the total subjects took vitamin and iron supplements and 62.5% of field and track athletes took vitamin and iron supplements. While mental stress related to exercise was much in fencing > shooting > field and track > swimming athletes, physical burden during training was higher in swimming > field and track > fencing > shooting athletes. More than half of the subjects showed irregular menstrual cycle. As the most severe problem of eating habit, they reported skipping meal > overeating > prejudiced meal > preference to salty and spicy foods. More than half of the subjects skipped meal over three times per week. Fencing and shooting athletes showed very significantly higher frequency of skipping meal and more irregular breakfast time compared to those of other sport types. As for snack, they ate cookies, carbonated drink, chocolate, candy > milk, yogurt, ice cream > cake, bread, rice cake > fried noodle > hamburger, pizza. Therefore, nutritional counseling and education by sport type are necessary for health and good eating habit of these elite female adolescent athletes.

Prevalence of Hypertension and Related Risk Factors of the Older Residents in Andong Rural Area (안동 농촌지역 중년 및 노인 주민의 고혈압 유병율과 위험요인 분석)

  • Lee, Hye-Sang;Kwun, In-Sook;Kwon, Chong-Suk
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.38 no.7
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    • pp.852-861
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    • 2009
  • This study was performed to assess the risk factors associated with hypertension from Jan/2003 to Feb/2003. The subjects were 1,296 people (496 males, 800 females) aged 40 years and over living in Andong rural area. The hypertensive group was composed of 602 people (272 males, 330 females), who were diagnosed as hypertension ($SBP{\geq}140\;mmHg$ or $DBP{\geq}90\;mmHg$) for the first time at this health examination. The mean anthropometric values of body weight, body fat (%), body mass index (BMI) and waist circumference were significantly higher in hypertensive group than those in normal group. However, the biochemical measurements such as total-cholesterol (TC), triglyceride (TG), HDL-C, LDL-C and fasting blood glucose (FBG) levels did not show any difference between two groups except TG in female. The risk factors of interest in the development of hypertension were analyzed using the multiple logistic regression and expressed as odds ratio (OR) and 95% confidential interval (CI). The results showed that age, sex, obesity, waist circumference, alcohol drinking and meat intakes were risk factors for hypertension. In contrast, cigarette smoking, exercise and the increased fish, fruit and vegetable (except Kimchi) consumption, blood lipid levels and FBG were not linked with the development of hypertension. Nutrient intakes were not associated with hypertension, either. In conclusion, we cannot assert that this study established the existence of the cause-and-effect relationship between nutrient intakes and risk of hypertension in the subjects, but it does suggest that this is a question worth investigating further using a larger scale of case-control study to determine how the past exposure to some nutrient or dietary component relates to the development of the disease.

A Study on Perception Change in Bicycle users' Outdoor Activity by Particulate Matter: Based on the Social Network Analysis (미세먼지로 인한 자전거 이용객의 야외활동 인식변화에 관한 연구: 사회네트워크분석을 중심으로)

  • Kim, Bomi;Lee, Dong Kun
    • Journal of Environmental Impact Assessment
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    • v.28 no.5
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    • pp.440-456
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    • 2019
  • The controversy of the risk perception related to particulate matters becomes significant. Therefore, in order to understand the nature of the particulate matters, we gathered articles and comments in on-line community related to bicycling which is affected by exposure of the particulate matters. As a result, firstly, the government - led particulate matter policy was strengthened and segmented every period, butthe risk perception related to particulate matters in the bicycle community has become active and serious. Second, as a result of analyzing the perception change of outdoor activities related to particulate matters, bicycle users in community showed a tendency of outdoor activity depending on the degree of particulate matters ratherthan the weather. In addition, the level of the risk perception related to particulate matters has been moved from fears of serious threat in daily life and health, combined with the disregard of domestic particulate matter levels or mask performance. Ultimately, these risk perception related to particulate matters have led some of the bicycling that were mainly enjoyed outdoors to the indoor space. However, in comparison with outdoor bicycling enjoyed by various factors such as scenery, people, and weather, the monotonous indoor bicycling was converted into another type of indoor exercise such as fitness and yoga. In summary, it was derived from mistrust of excessive information or policy provided by the government or local governments. It is considered that environmental policy should be implemented after discussion of risk communication that can reduce the gap between public anxiety and concern so as to cope with the risk perception related to particulate matters. Therefore,this study should be provided as an academic basis for the effective communication direction when decision makers establish the policy related to particulate matters.

Evaluation on the Accuracy of the PPS in the Proton Therapy System, Which Uses the Self Made QA Phantom (자체 제작한 QA Phantom을 이용한 양성자 PPS (Patient Positioning System)의 정확성 평가)

  • Lee, Ji-Eun;Kim, Jae-Won;Kang, Dong-Yoon;Choi, Jae-Hyeok;Yeom, Du-Seok
    • The Journal of Korean Society for Radiation Therapy
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    • v.24 no.2
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    • pp.115-121
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    • 2012
  • Purpose: The process of the proton treatment is done by comparing the DRR and DIPS anatomic structure to find the correction factor and use the PPS to use this factor in the treatment. For the accuracy of the patient set up, the PPS uses a 6 axis system to move. Therefore, there needs to be an evaluation for the accuracy between the PPS moving materialization and DIPS correction factor. In order to do this, we will use a self made PPS QA Phantom to measure the accuracy of the PPS. Materials and Methods: We set up a PPS QA Phantom at the center to which a lead marker is attached, which will act instead of the patient anatomic structure. We will use random values to create the 6 axis motions and move the PPS QA Phantom. Then we attain a DIPS image and compare with the DRR image in order to evaluate the accuracy of the correction factor. Results: The average correction factor, after moving the PPS QA Phantom's X, Y, Z axis coordinates together from 1~5 cm, 1 cm at a time, and coming back to the center, are 0.04 cm, 0.026 cm, 0.022 cm, $0.22^{\circ}$, $0.24^{\circ}$, $0^{\circ}$ on the PPS 6 axis. The average correction rate when moving the 6way movement coordinates all from 1 to 2 were 0.06 cm, 0.01 cm, 0.02 cm, $0.1^{\circ}$, $0.3^{\circ}$, $0^{\circ}$ when moved 1 and 0.02 cm, 0.04 cm, 0.01 cm, $0.3^{\circ}$, $0.5^{\circ}$, $0^{\circ}$ when moved 2. Conclusion: After evaluating the correction rates when they come back to the center, we could tell that the Lateral, Longitudinal, Vertical were all in the acceptable scope of 0.5 cm and Rotation, Pitch, Roll were all in the acceptable scope of $1^{\circ}$. Still, for a more accurate proton therapy treatment, we must try to further enhance the image of the DIPS matching system, and exercise regular QA on the equipment to reduce the current rate of mechanical errors.

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Permission of the Claim that Prohibits Military Aircraft Operation Nearby Residential Area - Supreme Court of Japan, Judgement Heisei 27th (Gyo hi) 512, 513, decided on Dec. 8, 2016 - (군사기지 인근주민의 군용기 비행금지 청구의 허용 여부 - 최고재(最高裁) 2016. 12. 8. 선고 평성(平成) 27년(행(行ヒ)) 제512, 513호 판결 -)

  • Kwon, Chang-Young
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.1
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    • pp.45-79
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    • 2018
  • An increase of airplanes and military aircraft operation lead to significant demanding of residential claims by people who live in nearby airports and military bases due to noise, vibration and residential damages caused by aircraft operations. In recent years, a plaintiff has filed a lawsuit against the defendant, claiming the prohibition of using claimant's possessed land as a helicopter landing route, and the Daejeon High Court was in favour of the plaintiff. Although the Supreme Court later dismissed the Appeal Court decision, it is necessary to discuss the case of setting flight prohibited zone. In Japan, the airport noise lawsuits have been filed for a long time, mainly by environmental groups. Unlike the case that admitted residential damages caused by noise, the Yokohama District Court for the first time sentenced a judgment of the prohibition of the flight. This ruling was partially changed in the appellate court and some of the plaintiffs' claims were adopted. However, the Supreme Court of Japan finally rejected such decision from appeal and district courts. Atsugi Base is an army camp jointly used by the United States and Japan, and residents, live nearby, claim that they are suffering from mental damage such as physical abnormal, insomnia, and life disturbance because of the noise from airplane taking off and landing in the base. An administrative lawsuit was therefore preceded in the Yokohama District Court. The plaintiff requested the Japan Self-Defense Forces(hereinafter 'JSDF') and US military aircraft to be prohibited operating. The court firstly held the limitation of the flight operation from 10pm to 6am, except unavoidable circumstance. The case was appealed. The Supreme Court of Japan dismissed the original judgment on the flight claim of the JSDF aircraft, canceled the first judgment, and rejected the claims of the plaintiffs. The Supreme Court ruled that the exercise of the authority of the Minister of Defense is reasonable since the JSDF aircraft is operating public flight high zone. The court agreed that noise pollution is such an issue for the residents but there are countermeasures which can be taken by concerned parties. In Korea, the residents can sue against the United States or the Republic of Korea or the Ministry of National Defense for the prohibition of the aircraft operation. However, if they claim against US government regarding to the US military flight operation, the Korean court must issue a dismissal order as its jurisdiction exemption. According to the current case law, the Korean courts do not allow a claimant to appeal for the performance of obligation or an anonymous appeal against the Minister of National Defense for prohibiting flight of military aircraft. However, if the Administrative Appeals Act is amended and obligatory performance litigation is introduced, the claim to the Minister of National Defense can be permitted. In order to judge administrative case of the military aircraft operation, trade-off between interests of the residents and difficulties of the third parties should be measured in the court, if the Act is changed and such claims are granted. In this connection, the Minister of National Defense ought to prove and illuminate the profit from the military aircraft operation and it should be significantly greater than the benefits which neighboring residents will get from the prohibiting flight of military aircraft.

A Comparative Study of Dietary Behaviors and Nutrient Intakes According to Alcohol Drinking among Male University Students in Chungnam (충남지역 일부 남자 대학생의 알코올 섭취수준에 따른 식행동 및 영양섭취상태 비교 연구)

  • 최미경;전예숙;김애정
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.30 no.5
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    • pp.978-985
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    • 2001
  • The purpose of this study was to investigate the effect of alcohol drinking on dietary behaviors and nutrient intakes among the university male students. The subjects were divided three group; no-alcohol group(n=83), alcohol group(n=78), and high-alcohol group(n=78).And they were observed general characteristics, life style, eating pattern, food frequency and nutrient intake using questionnaires. The mean age, height, weight and BMI of the subjects were 25.8$\pm$6.1 years old 171.5$\pm$5.4 cm, 63.4$\pm$9.7 kg and 2.3$\pm$2.8/kg/$m^2$, respectively. The types of residence and person who prepares meals were significantly different among the groups: the frequency of self-boarding and preparing meals oneself in high-alcohol group were higher than in other two groups. The frequency of physical exercise and cigarette smoking in high-alcohol group were higher than in other two groups. There were no significant differences in skipping meals among three groups. However, the most common reson why high-alcohol group skipped meals was due to a eating habit, while a lack of time in other two groups. The results show that the high-alcohol group tended to eat more often instant ramien, soybean sprout, anchovy, and coffee compared to the other two groups. The energy intakes in alcohol and high-alcohol groups were lower than those in no-alcohol group. In conclusion, high-alcohol students have unhealthy dietary behaviors in the light of high frequency of cigarette smoking, eating habit of skipping meals and instant foods, and therefore showing a strong need of proper education in alcohol withdrawal and meal management for them.

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Preparation of Functional Healthy Drinks by Acanthopanax senticosus Extracts (가시오가피를 이용한 기능성 건강음료의 제조)

  • Sung, Mi-Sun;Jung, Hoe-Yune;Choi, Jun-Hyeok;Lee, Sung-Cheol;Choi, Bo-Hwa;Park, Sung Sun
    • Journal of Life Science
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    • v.24 no.9
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    • pp.959-966
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    • 2014
  • This study was carried out to develop a functional healthy drink using 60% ethanol of dried Acanthopanax senticosus stem extract (ASE). The preparation, physical activity, anti-oxidant activity, and sensory properties of ASE were investigated. The moisture, crude protein, crude lipid, and ash contents of dried ASE were $6.50{\pm}0.12%$, $5.89{\pm}0.16%$, $1.18{\pm}0.11%$, and $3.03{\pm}0.40%$ respectively. The 1,1-Diphenyl-2-picrylhydrazyl (DPPH) radical scavenging activity was $87.42{\pm}1.63%$ at 1/10 folds diluted ASE. In total, 40 male ICR mice were divided into five groups including the control (PBS), positive control (Red ginseng 200 mg/kg/day), and ASE-treated groups at doses of 35, 70, and 140 mg/kg/day for five weeks, respectively. ASE was administrated orally one time per day for five weeks before treadmill exercises, and normal and positive controls were fed PBS and red ginseng extract. In the treadmill test, ASE-treated mice (140 mg/kg/day) could run 1.4 times longer than the control mice. Healthy drinks were prepared with the addition of ASE at levels of 0.97% or 0.49% (A, B, and C type). Among the healthy drinks, the B type (ASE, 0.97%) was revealed to have the highest level of taste and overall acceptability through a sensory evaluation. The brix and pH of the ASE health drink (B type) were 14.9 and 4.51, respectively. These results indicated that the dried stem of Acanthopanax senticosus could be used as a functional material in the health drink industry.

The Meaning of Extraordinary Circumstances under the Regulation No 261/2004 of the European Parliament and of the Council (EC 항공여객보상규칙상 특별한 사정의 의미와 판단기준 - 2008년 EU 사법재판소 C-549/07 (Friederike Wallentin-Hermann v Alitalia) 사건을 중심으로 -)

  • Kim, Young-Ju
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.109-134
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    • 2014
  • Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation of assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (Regulation No 261/2004) provides extra protection to air passengers in circumstances of denied boarding, cancellation and long-delay. The Regulation intends to provide a high level of protection to air passengers by imposing obligations on air carriers and, at the same time, offering extensive rights to air passengers. If denied boarding, cancellation and long-delay are caused by reasons other than extraordinary circumstances, passengers are entitled for compensation under Article 7 of Regulation No 261/2004. In Wallentin-Hermann v Alitalia-Linee Aeree Italiane SpA(Case C-549/07, [2008] ECR I-11061), the Court did, however, emphasize that this does not mean that it is never possible for technical problems to constitute extraordinary circumstances. It cited specific examples of where: an aircraft manufacturer or competent authority revealed that there was a hidden manufacturing defect on an aircraft which impacts on safety; or damage was caused to an aircraft as a result of an act of sabotage or terrorism. Such events are not inherent in the normal exercise of the activity of the air carrier concerned and is beyond the actual control of that carrier on account of its nature or origin. One further point arising out of the court's decision is worth mentioning. It is not just necessary to satisfy the extraordinary circumstances test for the airline to be excused from paying compensation. It must also show that the circumstances could not have been avoided even if all reasonable measures had been taken. It is clear from the language of the Court's decision that this is a tough test to meet: the airline will have to establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able - unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time - to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight.

A Study on Nutrition Status by Diet of Female College Students of Masan City - 1. Focus on Diet Survey - (여대생의 체중감량이 영양상태에 미치는 영향 - 제1보. 다이어트 실태조사를 중심으로 -)

  • 김종현
    • The Korean Journal of Food And Nutrition
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    • v.11 no.2
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    • pp.185-191
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    • 1998
  • This study was performed to investigate the nutrition status by weight loss(diet) of 287 female college students, focus on questionnaire about diet survey. The subjects mainly had irregularly one or two meal per a day so food behavior was not good. Over half of subjects had a tendency to overestimate body shape of self. The desired weight(46.95$\pm$0.39kg) was significant lower than real weight(50.32$\pm$0.9)(p=0.0114). The time when diet is first tried was mainly after high school(94.51%). Mean weight loss was 1~4kg but most of subjects didn't maintain the lost weight. The diet approach method tried was sequently the fasting 1 meal or the more in a day(23.61%), exercise(21.92%), restricting calories(15.85%) etc. The source of diet was orderly newspaper or magazine(30.86%), friends or relatives or family(28.86%) etc. The group who recognized the self body shape was normal or a little fat had higher self notion of health than other groups.

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