• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.153-185
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• 2020

In principle, even if serious consequences such as death or serious injury of a patient occur as a result of a medical accident, if the medical malpractice of a health care worker is not recognized, the health care worker is not held liable for said consequences. However, with the opening of the Korea Medical Dispute Mediation and Arbitration Agency on April 7, 2012, a system was established to compensate health care personnel for their medical malpractices only in the case of "injuries caused by medical accidents in the course of childbirth" (hereinafter referred to as "program for compensation of medical accidents"). Article 46 paragraph 1 of the current Medical Dispute Mediation Act, which is the basis of the Force Majeure Medical Accident Compensation System, stipulates that "medical accidents under delivery" claims are to be determined by the Medical Accident Compensation Review Committee are subject to the compensation project. And the details of the compensation, ratio of sharing financial resources for compensation, scope of compensation, and the guidelines and procedure for the payment of compensations are prescribed by Presidential Decree. In other words, the Presidential Decree requires the state to pay 70 percent of the compensation funds, and 30 percent of the above funds among health care providers. The Constitutional Court has decided on the 2015Hun-Ga13 that the scope of the health care institution's founders and the share of the compensation funds cannot be directly determined by the law, and that the portion delegated by the Presidential decree does not violate the Principle of Legal Protection nor Comprehensive Nondelegation Doctrine. However, this can be seen as an exclusion of accountability for force-induced delivery accidents even if there is no negligence of the medical staff. If the nature of the system is a type of social security system with a social compensatory nature, it could consider eliminating the health care innovator's cost-sharing provisions, leaving the full cost to the state. However, it is also necessary to review institutional protocols that strengthen the efforts of medical institutions in areas such as analysis of the causes of medical accidents and measures to prevent their recurrence. In addition, I think that the conclusion of the Act is in line with the purpose of the Comprehensive Wage Support Regulations that at minimum the law sets an upper limit of the compensation funds that are to be paid by health and medical institutions. Moreover, it is reasonable for the Medical Accident Compensation Review Committee to specify gestational age and weight of births, which are the criteria for compensation, under the Enforcement Decree of the Medical Dispute Mediation Act, in relation to the criteria for payment of contributions by the Medical Accident Compensation Review Committee, and to set the detailed criteria.

• The Journal of Korean Academy of Prosthodontics
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• v.30 no.2
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• pp.259-271
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• 1992

This study was designed to investigate the criteria of the perfect smile that was necessary to improve the esthetic problem in oral and maxillo-facial region and treating the anterior tooth region. The author took the facial straight photograph of 240 university students(male : 129, female : 111) in a resting and a smiling position, measured and analized the lip pattern and the relation between the lip and the teeth when they were smiling. Besides, 10 members of committee for appraisal (dentist : 5 persons, professor of the college of fine arts : 5 persons) estimated the smiling pattern. After that the author have compared and analyzed the obtained results. The results obtained were as follows : 1. In the shape of the upper lip, when the upper lip curved downward, it was 42.92% , straight was 45.00% and curved upward was 12.08%. The group in which the upper lip curved upward was the most esthetic. 2. In the relation between the upper lip and the teeth, high smile was 29.17%, average smile was 55.83% and low smile was 15.00%. The group of average smile was the most esthetic. 3. In the parallel relation between the lower lip and maxillary anterior incisal curvature, the group of paralled was 60.42%, the group of straight was 34.17% and the group of reverse was 5.41%. The group of parallel was the most esthetic. 4. In the relationship between maxillary anterior incisor and lower lip, the group of the maxillary anterior incisor were slightly covered by the lower lip was 10.42%, the group of the maxillary anterior teeth touched to the lower lip was 35.83%, and the no-touching was 53.75%. The group of the maxillary anterior teeth touched to the lower lip was the most esthetic. 5. In the teeth displayed in a smile, displayed to the canine was 0.84%, displayed to the first premolar was 19.17%, displayed to the second premolar was 57.92%, displayed to the first molar was 20.00% and displayed to the second molar was 2.08%. The group of displayed to the first molar was the most esthetic. 6. At smiles, the width of the mouth corner was 0.46 times of the full face width, 0.95 times of the interpupillary distance, and 1.23 times of the resting position. 7. At smiles, the lengh of the upper lip was 0.71 times and lower lip was 0.93 times of the length in the resting position.

• Asian Pacific Journal of Cancer Prevention
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• v.17 no.sup3
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• pp.167-174
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• 2016

One of the major causes of morbidity and mortality in breast cancer patients is delay in seeking help. Leventhal's self-regulation model provides an appropriate framework to assess delay in seeking help. The aim of this study was to investigate the relationship between "illness perception" and "help seeking delay" in breast cancer patients based on Leventhal's self-regulation model. In this correlational descriptive study with convenience sampling conducted in 2013, participants were 120 women with breast cancer who were diagnosed in the last year and referred to chemotherapy and radiotherapy centers in Rasht, Iran. Data collection scales included demographic data, Revised Illness Perception Questionnaire (IPQ-R)and a researcher made questionnaire to measure the delay in seeking help. Pre-hospital delay (help seeking delay) was evaluated in 3 phases (assessment, disease, behavior). The data were analyzed using SPSS-19. The mean (SD) age calculated for the patients was $47.3{\pm}10.2$. Some 43% of the patients had a high school or higher education level and 82% were married. The "pre-hospital delay" was reported ${\geq}3months$. Logistic regression analysis showed that none of the illness perception components were correlated with appraisal and behavioral delay phases. In the illness delay phase, "time line" (p-value =0.04) and "risk factors"(p-value=0.03) had significant effects on reducing and "psychological attributions" had significant effects on increasing the delay (p-value =0.01). "Illness coherence" was correlated with decreased pre-hospital patient delay (p-value<0.01). Women's perceptions of breast cancer influences delay in seeking help. In addition to verifying the validity of Leventhal's self-regulation model in explaining delay in seeking help, the results signify the importance of the "illness delay phase" (decision to seek help) and educational interventions-counseling for women in the community.

• Journal of Ginseng Research
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• v.30 no.4
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• pp.206-211
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• 2006

To investigate mycorrhizal infection by arbuscular mycorrhizal fungi(AMF), samples of fine lateral roots were taken from the wild ginseng(Panax ginseng C.A. Meyer) naturally growing at various locations in Korea. Mycorrhiazal infections were studied by cleaning the root samples and staining fungal hyphae with frypan blue. Wild ginsengs for this study were graded by an appraisal committee consisting of 12 experts of Korea Mountain Ginseng Association. Following five quality groups were recognized: Heaven group(pure natural), Earth group (from seeding of wild ginseng), Man group(from seeding or seedlings of wild ginseng with slight environmental modification), unmarketable, and imported wild ginseng. Morphology of AMF was typical Paris-type which shows intracellular hyphal coils with rare vesicles and lack of arbuscules. Average infection rate of individual wild ginsengs was 58.3% and showed no differences among five quality groups. When portions of fine roots were quantified for mycorrhizal infection, 18.7% of the total length of the primary and secondary roots were infected by AMF. Wild ginsengs from Gyeonggi Province(84.2%), and from mountains lower than 1,200 meters above sea level(about 70%) showed higher infection rate, while the ginseng from Gyeongbuk Province(27.8%) had lower rate. Wild ginsengs at older age showed lower infection rates.

• The Korean Journal of Archival Studies
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• no.69
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• pp.129-152
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• 2021

With the enactment and enforcement of the 「Public Records and Archives Act」, the Tottori Prefectural Archives newly enacted the "Records Management Ordinance" through a comprehensive review of the previous archive function. In accordance with this ordinance, which came into effect in April 2012, Tottori Prefecture expanded the records management institutions (Public Security Committee and Police Headquarters, etc.) A series of archive systems were improved, such as the expansion and reinforcement of the authority to appraisal and select. In addition, the Tottori Prefectural Archives went further and implemented the "Ordinance on the Preservation of Historical Documents, etc." from April 2017. Through this, the municipalities unit basic local government's record management support work was set as a unique function of the local archive, and a linkage and cooperation system was established for the preservation of private records of the prefecture area as well as the basic local area together with cultural heritage institutions such as museums and libraries. As a reference case that continuously guarantees the performance of various activities based on the mission and vision of the local archives in Korea that aim for 'autonomy of records' on the poor archival culture soil, it is worth paying attention to the case of continuous record management reform of the Tottori Prefectural Archives through the enactment of the original role and function of the archive.

• MISULJARYO - National Museum of Korea Art Journal
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• v.98
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• pp.130-153
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• 2020

Using stylistic analysis and historical documents, this paper examines the production details of images enshrined in Myeongbujeon (Hall of the Underworld) at Magoksa Temple in Gongju, focusing on the wooden seated Ksitigarbha Bodhisattva and the stone Ten Kings of Hell. Inside Myeongbujeon, the wooden seated Ksitigarbha Bodhisattva is placed at the center, flanked by standing images of Mudokgwiwang and Domyeong-jonja, with images of the Ten Kings and their attendants along the walls. All of these images were transferred to Magoksa Temple in the latter half of the 1930s. The wooden seated Ksitigarbha Bodhisattva came from Jeonghyesa Temple in Cheongyang, the other sculptures came from Sinheungsa Temple in Imsil, and a painting of the Ten Kings came from Jeongtosa Temple in Nonsan. The wooden seated Ksitigarbha Bodhisattva is known to have been produced in 1677, around the same time as the stone sculptures of the Ten Kings. A close analysis of the details of the bodhisattva sculpture-including the facial features, body proportions, and drapery characteristics-strongly suggests that it was produced in the 1620s or 1630s by the monk sculptor Suyeon (who was active in the early half of the seventeenth century) or his disciples. In particular, the rendering of the drapery on the lower half of the body closely resembles Buddhist sculptures produced by Suyeon that are now enshrined at Bongseosa Temple in Seocheon (produced in 1619) and at Sungnimsa Temple in Iksan (produced at Bocheonsa Temple in Okgu in 1634). According to the votive inscription, the stone sculptures of the Ten Kings and their attendants were produced in 1677 under the supervision of the monk sculptor Seongil. However, these are the only known Buddhist images produced under Seongil, and no details about other monks involved in the production have ever been found, making it difficult to speculate about their lineage. Historical records do suggest that Seongil worked on other projects to produce or repair sculptures with disciples of the monk sculptors Hyehi or Unhye, indicating amicable relations between the two groups. Unlike most such images in the Honam or Yeongseo regions, the Ten Kings at Magoksa Temple are made from stone, rather than wood or clay. Also, the overall form and the drapery conform to statues of the Ten Kings that were popularly produced in the Yeongnam region. Thus, the images are believed to be the work of monks who were primarily active in Yeongnam, rather than Honam. In the future, a systematic investigation of wooden seated Ksitigarbha Bodhisattva images and stone Ten Kings of Hell images produced in the Chungnam region could illuminate more details about the production of the images at Magoksa Temple, and perhaps shed light on the conditions that led to the production of stone Buddhist sculptures in the Honam area during the late seventeenth century.

• The Korean Journal of Air & Space Law and Policy
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• v.24 no.2
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• pp.139-161
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• 2009

The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.