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A Study on the Cooperation between Medical Care and Law - Focusing on the discussion of the role of clinical practice guideline in Japan - (의료와 사법(司法)의 협력 -일본에서의 진료가이드라인의 역할에 대한 논의를 중심으로-)

  • Song, young-min
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.39-65
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    • 2022
  • There are two aspects of clinical practice guidelines that act as non-legal control before medical practice and as legal control standards after medical practice. The essential purpose of clinical practice guidelines is the former, but the latter action cannot be excluded. The clinical practice guidelines are a means of linking law and medical care. The negative perception of clinical practice guidelines that medical professionals' autonomy can be violated by the enactment of clinical practice guidelines is an excessive negative evaluation of clinical practice guidelines. Rather, judicial judgment based on clinical practice guidelines plays a role in respecting the autonomy of medical professionals. In other words, the clinical practice guidelines suppress legal regulations on medical care as much as possible and are based on doctors' professional ethics and self-discipline, and patient awareness and cooperation. In order to establish an ideal relationship of cooperation between doctors and patients, 'medical ethics' must be incorporated as a legal means. Clinical practice guidelines are the most appropriate means for incorporating such medical ethics into legal procedures. The lawyer solves the case with a legal syllogism that establishes a norm and applies facts to it to conclude. For the resolution of medical disputes, Clinical practice guidelines are used to establish norms that doctors should perform for specific diseases, and conclusions are drawn by applying the established norms to specific medical practices. When it is not easy to apply the established norms to specific medical practices, medical judgments by experts, such as emotions, expert testimony, and explanations by expert members, are used. As such, the Law respects the autonomy of medical care even in the establishment of norms and the application of norms. In particular, Clinical practice guidelines prepared independently by the medical community are referred to in establishing norms, which are the prerequisites for legal syllogism. This shows that doctors participate in the formation of precedents and contribute to the formation of norms. The use of clinical practice guidelines in trials is respect and consideration for the autonomy of medical care. Although there may be an aspect in which the autonomy of individual doctors is limited by clinical practice guidelines, it should be considered that the autonomy of doctors as a group is respected. In this way, the clinical practice guidelines play a role in protecting the autonomy of the "medical" group from the logic of the "law."

A Study on Policy-making, Leadership and Improvement of Professionalism for Audiovisual Archives Management in Korea (국내 시청각 기록관리 정책 리더십 및 전문성 제고 방안 연구)

  • Choi, Hyo jin
    • The Korean Journal of Archival Studies
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    • no.72
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    • pp.91-163
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    • 2022
  • The focus of this paper lies on the fact that the 'management' and 'utilization' of audiovisual archives are still not specialized in both the public and the private sectors. The use of online video platforms including 'YouTube' has became common. Accordingly the production and collection of high-definition and high-capacity audiovisual archives has been rapidly increasing. However, it also emphasizes that there are no references or principles in the current Public Records Act and its enforcement rules, public standards, and guidelines. This paper ultimately examines the provisions that are related to audiovisual archives of the current Public Records Act, which needed to be revised and enacted due to the lack of an audiovisual archives management manual of national institutions, public broadcasters, and organizations can refer to. In addition, this study tries to find out what kind of systems and guidelines are used in audiovisual archives management. This paper examines the current state of standardization of audiovisual records of the National Archives. It also analyses the systems and the guidelines methodically for efficient audiovisual record management in the public records management sector. It suggests the new direction of relevant public standards and guidelines through this research. Futhermore, it measures to activate the audiovisual management policy-making functions of the National Archives. The necessity of establishing a Public Audiovisual Archives as an organization was also reviewed in this paper. The Public Audiovisual Archives will collect Public Audio and Videos systematically and comprehensively through the legal deposit system. And it will be operated by the management and the utilization system so that it can be used for public as a collective memory. Finally, it will takes a charge of a professional role in audiovisual record management field, such as technology standardization to safeguard and protect the copyrights through this process.

Monitoring of Working Environment Exposed to Particulate Matter in Greenhouse for Cultivating Flower and Fruit (과수 및 화훼 시설하우스 내 작업자의 미세먼지 노출현황 모니터링)

  • Seo, Hyo-Jae;Kim, Hyo-Cher;Seo, Il-Hwan
    • Journal of Bio-Environment Control
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    • v.31 no.2
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    • pp.79-89
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    • 2022
  • With the wide use of greenhouses, the working hours have been increasing inside the greenhouse for workers. In the closed ventilated greenhouse, the internal environment has less affected to external weather during making a suitable temperature for crop growth. Greenhouse workers are exposed to organic dust including soil dust, pollen, pesticide residues, microorganisms during tillage process, soil grading, fertilizing, and harvesting operations. Therefore, the health status and working environment exposed to workers should be considered inside the greenhouse. It is necessary to secure basic data on particulate matter (PM) concentrations in order to set up dust reduction and health safety plans. To understand the PM concentration of working environment in greenhouse, the PM concnentrations were monitored in the cut-rose and Hallabong greenhouses in terms of PM size, working type, and working period. Compare to no-work (move) period, a significant increase in PM concentration was found during tillage operation in Hallabong greenhouse by 4.94 times on TSP (total suspended particle), 2.71 times on PM-10 (particle size of 10 ㎛ or larger), and 1.53 times on PM-2.5, respectively. During pruning operation in cut-rose greenhouse, TSP concentration was 7.4 times higher and PM-10 concentration was 3.2 times higher than during no-work period. As a result of analysis of PM contribution ratio by particle sizes, it was shown that PM-10 constitute the largest percentage. There was a significant difference in the PM concentration between work and no-work periods, and the concentration of PM during work was significant higher (p < 0.001). It was found that workers were generally exposed to a high level of dust concentration from 2.5 ㎛ to 35.15 ㎛ during tillage operation.

Analysis of the Characteristics of Container Ports in Busan Port Using Industrial Organization Approach (산업조직론을 활용한 부산항 컨테이너 하역산업의 특성 분석)

  • Ko, Byoung-Wook;Kil, Kwang-Soo;Lee, Da-Ye
    • Journal of Korea Port Economic Association
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    • v.37 no.3
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    • pp.117-128
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    • 2021
  • In order for the users (shipping firms and shippers) and suppliers (stevedoring firms) in the container terminal industry to win-win, it is necessary to have some appropriate diverse market conditions for the industry. This study analyses the basic conditions and demand and supply characteristics of the industry and investigates the market performance of Busan container ports. First, this article analyses the basic characteristics of demand and supply. As the demand characteristics, there are five ones such as 1) exogeneity of demand, 2) function as export/import transportation and hub for transshipment, 3) increase of users' bargaining power, 4) high substituting elasticity, 5) reduction of volume growth. As the supply characteristics, there are seven ones such as 1) inelasticity of supply, 2) homogeneity of stevedoring services, 3) over-supply, 4) adoption of cutting-edge stevedoring technology, 5) scale economy and impossibility of storage, 6) labor market rigidity, 7) enhancing port's role in SCM. In addition, this study conducts the so-called structure-conduct-performance analysis. For the structure analysis, 1) lacks of scale economy in stevedoring companies, 2) high entry barrier, 3) strengthening of shipping firms' bargaining power, 4) transitory permission scheme for tariff are analyzed. For the conduct analysis, 1) price discrimination between export/import and transshipment, 2) mid-term length of terminal use contract, 3) continuous investment in equipment, 4) low level of cooperation among terminal operating firms are derived. For the performance analysis, 1) inequality in profitability, 2) reduction of export/import cost, 3) delay in adopting cutting-edge technology, 4) idle equipment are analyzed. Following this logical flow, the hypothesis that the market structure influences the market conduct is tested based on the actual dataset. As a future agenda in the conclusion, this article recommends the so-called port industrial policy.

A Study on the Rational Improvement of the Regulation and System about Embryo Preservation (배아 보존에 관한 합리적 제도 개선을 위한 연구)

  • Baik, Sujin;Moon, Hannah;Park, Inkyoung;Cha, Seunghyun;Park, Joonseok;Lee, Gyeonghun;Park, Chun-seon;Cho, Heesoo;Kim, Myung-Hee
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.57-95
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    • 2021
  • Korea's period for preservation of embryos is up to five years (the Bioethics Act). However, the study reviewed domestic and foreign laws and drew issues due to the recent demand that the development of related science and technology and the period limitation limit the rights of consent holder for embryo production. the first issue is that preserved embryos are intended for pregnancy, and it is important to ensure that the autonomy of the consent holder is protected through careful consideration based on information such as scientific evidence. the second is that regulations regarding the obligation to manage embryonic preservation institutions are needed. the third is to create a social atmosphere in which embryo creation, preservation, and disposal take place in a minimum range, considering the special status of embryos. based on this issue, the first of the proposals for rational improvement of the regulation and system about embryo preservation is the introduction of an environment in which sufficient explanation and appropriate consent can be exercised and to extend the reasons for the extension of the period, rather than specifying the specific period in law. the second is that institutionalization is necessary considering not only the obligation to manage preservation institutions but also the overall site, such as concerns that may arise as a result. lastly, we propose the introduction of a management method considering the future use of embryos, such as transfer to provide research purposes and donation of pregnancy purposes by others. this process should be a method of sufficient social discussion and consensus, as well as a general consideration of the family relationship with the born child.

Characterization of Dopamine Receptor D4 Gene Polymorphisms in Horses (말에서 Dopamine Receptor D4 유전자의 변이 특성 분석)

  • Choi, Jae-Young;Choi, Yeonju;Lee, Jongan;Shin, Sang-Min;Yoon, Minjung;Kang, Yong-Jun;Shin, Moon-Cheol;Yoo, Ji-Hyun;Kim, Hyeonah;Cho, In-Cheol;Yang, Byoung-Chul;Kim, Nam-Young
    • Journal of Life Science
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    • v.32 no.1
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    • pp.29-35
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    • 2022
  • This study was conducted to analyze the genetic polymorphisms of dopamine receptor D4 (DRD4) in horse breeds and its association with substrate characteristics in Jeju crossbreds (Jeju Horse × Thoroughbred). Polymorphisms in DRD4 are candidate genes associated with temperament in various mammals, including humans. Single nucleotide polymorphism (SNP) G292A in the exon 3 region of the horse DRD4 has a reported association with curiosity and vigilance in thoroughbreds. Sanger sequencing was used to identify polymorphisms of the mutations in DRD4 in three horse breeds. The SNP frequency in Jeju horses was significantly different from the frequency in other breeds. Character evaluation, conducted in the Jeju crossbreds and scored using a temperament test and contact test, revealed a high correlation between each test. Comparison of the polymorphism in the DRD4 of horses and the results of the character evaluation revealed lower scores for all temperaments in horses carrying allele A. Comparison of the SNP of G292A and blood dopamine levels in Jeju crossbreds showed 2.87 times higher levels for the GA type than for the GG type. This study identified an association between DRD4 polymorphism and various test methods for evaluating horse temperament and levels of neurotransmitters. Further research could validate the use of this gene as a genetic marker for character evaluation.

Correlation Between Cognitive Impairment Screening Test (CIST), Korean-Mini Mental State Examination, 2nd Edition (K-MMSE~2) and Clinical Dementia Rating (CDR) of Patients with Stroke (뇌졸중 환자를 대상으로 한 인지선별검사(CIST), 한국판 간이정신상태검사 2판(K-MMSE~2) 및 임상치매척도(CDR)의 상관성)

  • Hwang, Do-Yeon;Ryu, Sung-Hyun;Kwon, Ki-Hyun;Choi, Cho-Rong;Kim, Soo-A
    • Therapeutic Science for Rehabilitation
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    • v.11 no.2
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    • pp.53-62
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    • 2022
  • Objective : This study aimed to present basic data that could help in selecting or using evaluation tools in clinical settings. Methods : This study included 51 patients with stroke. The Cognitive Impairment Screening Test (CIST), Korean-Mini Mental State Examination, 2nd Edition (K-MMSE~2), and Clinical Dementia Rating (CDR) were used as evaluation tools. The correlation between evaluation tool scores was analyzed using Spearman's rank correlation coefficient, and the comparison of total scores between the CIST and K-MMSE~2 according to global CDR scores was analyzed using the Wilcoxon signed-rank test. Results : The correlation between the total CIST and K-MMSE~2 scores and global CDR scores was statistically significant (p<.01). The correlation between the sub-scores of the CIST and K-MMSE~2 showed a statistically significant correlation for all sub-scores (p<.01). The comparison of total scores between the CIST and K-MMSE~2 according to global CDR scores showed no statistically significant differences in all global CDR scores. Conclusion : This study showed that there was a correlation between CIST, K-MMSE~2, and CDR in patients with stroke. In the future, we hope that the results of this study will help to select or use cognitive function evaluation tools in clinical settings.

A study on the derivation and evaluation of flow duration curve (FDC) using deep learning with a long short-term memory (LSTM) networks and soil water assessment tool (SWAT) (LSTM Networks 딥러닝 기법과 SWAT을 이용한 유량지속곡선 도출 및 평가)

  • Choi, Jung-Ryel;An, Sung-Wook;Choi, Jin-Young;Kim, Byung-Sik
    • Journal of Korea Water Resources Association
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    • v.54 no.spc1
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    • pp.1107-1118
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    • 2021
  • Climate change brought on by global warming increased the frequency of flood and drought on the Korean Peninsula, along with the casualties and physical damage resulting therefrom. Preparation and response to these water disasters requires national-level planning for water resource management. In addition, watershed-level management of water resources requires flow duration curves (FDC) derived from continuous data based on long-term observations. Traditionally, in water resource studies, physical rainfall-runoff models are widely used to generate duration curves. However, a number of recent studies explored the use of data-based deep learning techniques for runoff prediction. Physical models produce hydraulically and hydrologically reliable results. However, these models require a high level of understanding and may also take longer to operate. On the other hand, data-based deep-learning techniques offer the benefit if less input data requirement and shorter operation time. However, the relationship between input and output data is processed in a black box, making it impossible to consider hydraulic and hydrological characteristics. This study chose one from each category. For the physical model, this study calculated long-term data without missing data using parameter calibration of the Soil Water Assessment Tool (SWAT), a physical model tested for its applicability in Korea and other countries. The data was used as training data for the Long Short-Term Memory (LSTM) data-based deep learning technique. An anlysis of the time-series data fond that, during the calibration period (2017-18), the Nash-Sutcliffe Efficiency (NSE) and the determinanation coefficient for fit comparison were high at 0.04 and 0.03, respectively, indicating that the SWAT results are superior to the LSTM results. In addition, the annual time-series data from the models were sorted in the descending order, and the resulting flow duration curves were compared with the duration curves based on the observed flow, and the NSE for the SWAT and the LSTM models were 0.95 and 0.91, respectively, and the determination coefficients were 0.96 and 0.92, respectively. The findings indicate that both models yield good performance. Even though the LSTM requires improved simulation accuracy in the low flow sections, the LSTM appears to be widely applicable to calculating flow duration curves for large basins that require longer time for model development and operation due to vast data input, and non-measured basins with insufficient input data.

Study on the Safety of Firefly Luciferase in Human as a Transient Reporter Gene of Oncolytic Virotherapy (항암 바이러스 치료제의 보고유전자로써 반딧불이 루시퍼레이즈의 인체 내 안전성에 대한 연구)

  • Hong, Young Mi;Yoon, Woong Hee;Lee, You Ra;Kim, Soo Ji;Ngabire, Daniel;Narayanasamy, Badrinath;Ornella, Mefotse Saha Cyrelle;Kim, Myunghee;Cho, Euna;Lee, Bora;Hwang, Tae-Ho
    • Journal of Life Science
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    • v.31 no.11
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    • pp.1028-1036
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    • 2021
  • Firefly luciferase (FLuc) can function as an efficient marker in the gene and viral therapies. Nonetheless, its clinical translation has been unaccomplished with the concerns on its exogenous nature and the similarity with human fatty acyl-CoA synthetase. In this study, we aimed to show safety of FLuc by conducting a set of preclinical experiments and a human use. Initially, FLuc permeability across the plasma membrane was investigated by delivering the FLuc-carrying viral vector, OTS-412, or the FLuc recombinant protein. After in vitro infection of OTS-412 into different cancer cell lines, FLuc activity was detected only in the cell lysates, but not in culture media. In addition, recombinant FLuc protein further showed the impermeability against the plasma membrane. Similar result was also observed in the in vivo experiment. After being injected into the VX2 tumor-bearing rabbit, the FLuc exclusively resided within the tumor tissue without being detected in the blood plasma or other organs. Human cancer cell lines originated from various organs were lysed and treated to the FLuc, and none of the human substrates was reactive against the FLuc. As a final step, FLuc recombinant protein was intravenously injected into a human. The luciferase was degraded with the half-life of 20 to 30 minutes in blood, and was untraceable from 1.5 hr after the injection. In addition, the blood plasma was nonresponsive against the fatty acids. Hematological analysis was also comparable between the pre- and post-injection. Altogether, our study collectively demonstrates the safety of the firefly luciferase.

A Study on the Changes in Forest Laws and System of Forest Specialists (산림법제도의 변천과 산림전문가 양성의 체계에 관한 연구)

  • Youn, Jong-Myoun;Kim, Dong-Pil;Kim, Yeong-Ha
    • Journal of the Korean Institute of Landscape Architecture
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    • v.49 no.6
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    • pp.1-15
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    • 2021
  • This study considered Forest Specialists, who are nurtured by the legal system through the analysis of laws and regulations under the jurisdiction of the Korea Forest Service. In particular, the transition process of forest-related laws and laws to train forest specialists were identified. In addition, changes and characteristics regarding the cultivation of professional forestry talents according to forestry policy were investigated. As a result, it was found that Forest Specialist on policy dealt with forestry success for forestry promotion, and forestry engineers dealt with technical skills for forestry industry development. In addition, according to the revision of the laws for the sustainable use of timber, wood-structural engineers, timber grade evaluators, and timber education specialists are trained separately. Forest Specialists concerned with forest welfare policies were found to train forest experts and complete specialized training courses to provide various services for forest cultural and recreation facilities, healing forests, and forest leisure sports facilities. There is an instructor for forest leisure sports. Forest welfare experts are divided into forest education experts and forest healing instructors; forest education specialists are further divided into forest interpreters, forest guides for children, and forest trekking guides. Forest Specialists on forest protection policy were found to train arboretum and garden experts for the efficient management and exhibition of arboretums. Gardens and tree doctors and tree treatment technicians for arboretums wer also trained. A tree doctor and a tree treatment technician were found to have the necessary qualifications to run a tree hospital business, diagnosing and treating tree damage. Therefore, it is thought that the Korea Forest Service is nurturing Forest Specialists with technical capabilities for forestry promotion, forest industry development, and tree treatment; and the Forest Specialists can provide education and welfare services at culture, recreation, treatment, and conservation sites in forests.