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Psychotherapist's Liability for Failure to Protect Third Person (정신질환자의 타해(他害)사고와 의료과오책임)

  • Son, Heung-Soo
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.331-393
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    • 2010
  • Psychiatrists who treat violent or potentially violent patients may be sue for failure to control aggressive outpatients and for the discharge of violent inpatients. Psychiatrists may be sued for failing to protect society from the violent acts of their patients if it was reasonable for the psychiatrists to have known or should have known about the patient's violent tendencies and if the psychiatrists could have done something that could have safeguarded in public. The courts of a number of jurisdictions have imposed a duty to protect the potential victims of a third party on persons or institutions with a special relationship to that party. In the landmark case of Tarasoff v Regents of University of California, the California Supreme Court held that the special relationship between a psychotherapist and a patient imposes on the therapist a duty to act reasonably to protect the foreseeable victims of the patient. Under Tarasoff, when a therapist has determined, or under applicable professional standards should determine, that a patient poses a serious threat of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger. In addition to a Tarasoff type of action based on a duty to warn or protect foreseeable victims of psychiatric outpatients, courts have also imposed liability on mental health care providers based on their custody of patients known to have violent propensities. The legal duty in such a case has been stated to be that where the course of treatment of a mental patient involves an exercise of "control" over him by a physician who knows or should know that the patient is likely to cause bodily harm to others, an independent duty arises from that relationship and falls on the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient. After going through a period of transition, from McIntosh, Thompson and Brady case, finally, the narrow rule of requiring a specific or foreseeable threat of violence against a specific or identifiable victim is the standard threshold or trigger element in the majority of states. Judgements on these kinds of cases are not enough yet in Korea, so that it may be too early to try find principles in these cases, however it is hardly wrong to read the same reasons of Tarasoff in the judgements of Korea district courts. To specific, whether a psychiatric institute was liable for violent behavior toward others depends upon the patients conditions, circumstances and the extent of the danger the patients poses to others; in short, the foreseeability of a specific or identifiable victim. In this context if a patient exhibit strong violent behavior toward others, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly attack others or unidentifiable victim. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only requires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. All these principles have been established in cases of the U.S.A and Japan. In this article you can find the reasons which you can use for psychotherapist's liability for failure to protect third person in Korea as practitioner.

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A Study on the Improvement Plan to Prevent Violent Incidents by Domestic Hazardous Chemical Substance (국내 유해화학물질 폭력사건 예방을 위한 개선방안 연구)

  • Lee, Deok Jae;Song, Chang Geun
    • Journal of the Korean Institute of Gas
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    • v.21 no.4
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    • pp.62-69
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    • 2017
  • Chemical accidents are systematically managed by the Chemicals Control Act. However, the definition and case studies of violent incidents by hazardous chemical substances need to be adequately organized. In this study, we focused on suggesting improvement directions of the legal and institutional system to prevent the violent incidents of hazardous chemical substances by studying the problems of current legislation and drawing up implications through domestic and foreign cases. The suggestions for improvement are as follows: 1) Strengthening prevention through amendment of laws (1) Selection of the competent department; 2) Enforcing regulations on online and offline commerce (1) Setting personal purchase amount; and 3) Increasing public awareness and public education (1) Improvement of the continuous system through the Chemical Evaluation Committee.

IMPROVEMENT OF MPS METHOD IN SIMULATING VIOLENT FREE-SURFACE MOTION AND PREDICTING IMPACT-LOADS (유체 충격 하중 예측을 위한 MPS법의 개량)

  • Hwang, S.C.;Lee, B.H.;Park, J.C.
    • Journal of computational fluids engineering
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    • v.15 no.1
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    • pp.71-80
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    • 2010
  • The violent free-surface motions and the corresponding impact loads are numerically simulated by using the Moving Particle Semi-implicit (MPS) method, which was originally proposed by Koshizuka and Oka (1996) for incompressible flows. In the original MPS method, there were several shortcoming including non-optimal source term, gradient and collision models, and search of free-surface particles, which led to less-accurate fluid motions and non-physical pressure fluctuations. In the present study, how those defects can be remedied is illustrated by step-by-step improvements in respective processes of the revised MPS method. The improvement of each step is explained and numerically demonstrated. The numerical results are also compared with the experimental results of Martin and Moyce (1952) for dam-breaking problem. The current numerical results for violent free-surface motions and impact pressures are in good agreement with their experimental data.

Modification of Severe Violent and Aggressive Behavior among Psychiatric Inpatients through the Use of a Short-Term Token Economy

  • Park, Jae Soon;Lee, Kyunghee
    • Journal of Korean Academy of Nursing
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    • v.42 no.7
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    • pp.1062-1069
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    • 2012
  • Purpose: Meager research has been carried out to determine the effectiveness of the token economy among patients behaving violently in mental hospitals. The purpose of this study was to examine the effectiveness of the Short-Term Token Economy (STTE) on violent behavior among chronic psychiatric in-patients. Methods: A nonequivalent control group design method was utilized. Participants in an experimental group (n=22) and control group (n=22) took part in this study from January to April, 2008. Observation on aggressive behavior among male in-patients in one hospital as a baseline was made during the week before the behavior modification program and measurement of aggressive behavior was done using the Overt Aggression Scale (OAS), which includes verbal attacks, property damage and physical attacks. Results: The aggressive behavior scores of the experimental group decreased, those of the control group, scores showed an increase after the eight-week behavior modification program utilizing STTE. Conclusion: The results of the study indicate that STTE is effective in reducing the incidence of aggressive behavior among male in-patients in psychiatric hospitals. The outcome of this study should be helpful in reducing the use of coercive measures or psychoactive medication in controlling the violent behavior among in-patients in hospitals.

Association of Violent Experience and Resilience with Burnout in Emergency Medical Technicians (119구급대원의 폭력경험과 탄력성이 소진에 미치는 영향)

  • Jang, Tae-Un;Lee, Myung Kyung
    • Korean Journal of Occupational Health Nursing
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    • v.26 no.4
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    • pp.227-235
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    • 2017
  • Purpose: This descriptive correlational study investigated the effects of violent experience and resilience on burnout in emergency medical technicians (EMTs). Methods: The participants were 160 EMTs working in fire stations (safety center and local center) located in U, B, and D city. The collected data were analyzed by descriptive statistics, independent t-test, ANOVA, $Scheff{\acute{e}}$ test post-hoc analysis, Pearson correlation coefficients, and multiple regression analysis using IBM SPSS Statistics 20.0. Results: The number of EMTs getting into ambulances was significantly associated with violent experience, resilience, and burnout. Position of EMTs was significantly associated with both resilience and burnout. In the multiple regression analysis, the subscales of durability and optimism in resilience were significantly associated with burnout after controlling for confounding variables. Conclusion: This study indicated that improving durability and optimism in resilience was important to cope with experience of violence and to prevent burnout in EMTs.

Real-time Violence Video Detection based on Movement Change Characteristics (움직임 변화 특성기반의 실시간 폭력영상 검출)

  • Kim, Kwangsoo;Kim, Ungtae;Kwak, Sooyeong
    • Journal of Broadcast Engineering
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    • v.22 no.2
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    • pp.234-239
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    • 2017
  • A real-time violence detection algorithm based on a new descriptor using the magnitude and direction changes of movement in images is proposed. The descriptor was developed from the observation that the changes of violent actions are much larger than those of normal movements. Descriptor feature vectors consisting of descriptor values during several frames are obtained and these are inputs to SVM(Support Vector Machine) classifier for discriminating violence actions from and non-violence actions. Comparison experiments between the ViF(Violent Flow) and the proposed algorithm were conducted with three different types of datasets. The experimental results show that the proposed algorithm outperforms the ViF in every case.

Design and Implementation of Educational problem solving game (교육용 문제 풀기 게임 설계 및 구현)

  • Seo, Jeong-Man
    • Journal of the Korea Society of Computer and Information
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    • v.15 no.2
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    • pp.83-89
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    • 2010
  • The reality is that existing games are commercial or violent rather than informative. So, such a phenomenon resulted in many social problems. To solve such problems, I designed and implemented a game which is not violent but educative and child-friendly. In this thesis, an educative game is defined and its characteristics are described. I designed the user interface of the game for children, proposed relevant algorithms, and showed resultant screens of the game. Also, I compared the game with the existing games in order to prove that my game is non-violent, non-commercial, and rather educative. This ladder rejection game is different from the existing game in terms of design, functions, and contents of the screen. This paper contains specific explanations about the supplemented ladder rejection game. First, the design of this ladder rejection game extended fundamental principles of the existing game and added new diverse functions.

Transition of Four Major Social Safety Indexes by Time Series Data Analysis (시계열 자료 분석을 통한 4대 사회안전지표 변화 추이)

  • Song, Chang Geun;Jang, Hyun-ju;Lee, Kum-Jin
    • Journal of the Society of Disaster Information
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    • v.11 no.4
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    • pp.634-638
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    • 2015
  • Four major social safety indexes including industrial accident, traffic accident, fire, and violent crime were selected, and transition of those values by time series data analysis since 2003 was presented. Comparing with the 2003 figure, the index of industrial accident was reduced by 27.8%, which was the most improved safety index. The indicators describing the traffic accident and violent crime rate were reduced by approximately 12%. However, the fire safety index showed an increase of 40% compared with the base year because national fire classification system was changed so that minor fire is also included in the counting since 2006.

Simulation of Mobile-bed disturbance due to Large scale Wave (댐 붕괴에 의한 토양 교란 시뮬레이션)

  • Kim, Kyung-Sung
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2018.11a
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    • pp.210-211
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    • 2018
  • In general, the dam break problem is demonstrated to simulate open-channel disturbance due to large violent waves. These days, the large violent waves at shore and coastline can be seen frequently such like tsunami. The conventional computational fluid dynamics program based on Grid system, can be used to simulate this problem with large deformation of free surface in the restricted condition due to its limitation. The particle method based on fully Lagrangian approach is able to simulate large deformation of free surface by tracking each particles. In this study, the simulation of disturbance of mobile-bed due to large violent waves was investigated by using particle method.

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The Effects of Violent Experiences and Coping on Job Stress of Caregivers in Long-Term Care Facilities (요양보호사의 폭력경험과 대처방법이 직무스트레스에 미치는 영향)

  • Kim, Og Son;Oh, Jin Hwan;Lee, Kee Lyong
    • Journal of Korean Academic Society of Home Health Care Nursing
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    • v.24 no.2
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    • pp.169-180
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    • 2017
  • Purpose: This study was conducted to investigate factors that affect job stress among caregivers in long-term care facilities. Methods: Data were collected from 125 caregivers through a structured questionnaire targeting general characteristics, violent experiences, coping, and job stress from February 2 to March 10, 2015. Data were analyzed by t-test, ANOVA, and multiple regression using SPSS 21.0. Results: The rate of violence experienced by caregivers was 99.2% for verbal abuse, 99.2% for physical violence, 95.2% for physical threatening, and 62.3% for sexual abuse. The mean score for coping and job stress was above average. Job stress significantly differed by marital status, education level, facility size, and policy on workplace violence. The significant predictors of job stress included policy on workplace violence, violent experiences, and education level. The regression model explained 28.0% of the variance in job stress. Conclusion: To improve job stress of caregivers, it is necessary to establish policies for violence within the organization and to develop and apply various programs that allow caregivers to work safe from violence both physically and psychologically.