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기망행위를 원인으로 한 보험금청구의 법적 분석 및 대책
가정준(Ka, Jung Joon),임채욱(Rim, Che Oug) 부산대학교 법학연구소 2014 법학연구 Vol.55 No.3
보험사기를 근절하기 위한 다양한 방법이 시도되는 가운데 계약의 관점에서 사기적 보험금 청구 사건 판례에 대하여 논란이 있다. 사기적 보험금 청구를 직접 제재하는 법률의 미비로 인하여 법원은 민법의 일반원리를 통하여 판결을 하였고, 이는 오히려 역선택을 조장하는 판결이 되었다는 비판이 있다. 이에 본 논고에서는 상법에 따라 보험사고를 기준으로 하여 3가지 형태에 대한 보험사기를 분석하고자 한다. 우선 계약체결시 청약자가 불완전한 정보를 제공하는 모습을 ‘제1형 보험사기’로, 보험계약 체결 이후 보험가입자가 보험사고를 인위적으로 발생시킨 이후 이를 우연히 발생한 것으로 보험회사에게 정보를 제공하는 모습을 ‘제2형 보험사기’로 칭하고자 한다. 한편, 보험사고를 조작하지는 않지만 발생한 손해를 과다하게 계상하여 청구하는 사기적 보험금 청구를 ‘제3형 보험사기’라고 칭하고자 한다. 이러한 보험사기의 유형들은 보험의 전반적 체계에 부정적 영향을 주는 것들로 ‘정보의 비대칭성’을 이용하여 소비자들이 보험계약에서 합리적으로 설계한 사고의 위험과 보험금액을 의도적으로 벗어나도록 하는 모습들이다. 최근에 이러한 형태의 모습들 중 제2형과 제3형의 보험사기가 증가하고 있는데 그러한 이유는 이러한 형태를 제어할 수 있는 법적 제도적 장치가 충분하지 못하기 때문이라고 본다. 따라서 본 논문은 보험사기와 관련한 유형과 법률적용의 문제점을 간단히 고찰한 후 보험사고는 우연히 발생하였으나 보험금의 청구단계에서 서류를 조작하는 등 보험자가 실제 손해액을 정확히 산정하지 못하도록 기망하여 실제 손해액보다 과다한 보험금을 수령하는 ‘제3형 보험사기’를 중심으로 이에 대한 보험회사들의 대응방법과 법적인 효과를 분석하고자 한다. 과도한 보험금 청구 및 수령에 대한 보험계약법, 보험업법, 민법, 형법, 그리고 판례들에 대한 대응과 문제점을 살피고 그 대안을 제시하고자 한다. The conflicts and problems from insurance contract may come from what deserving people do not get anything they deserve or what no deserving people do get something that they do not deserve. While the number of countermeasures against insurance fraud have been attempted, it seems that the law of contract, the insurance law, and even criminal law may have not made strong incentive to prevent a significant number of policyholders from committing insurance fraud. Furthermore, it is unlikely that a recent supreme court decision with regard to a new type of insurance fraud has produced strong incentive to oppress insurance fraud. Due to the lack of laws dealing with insurance fraud, Korean supreme court has to depend on a general principle of civil law, the principle of good faith, to make a final decision on a fraudulent claim where a policyholder asked insurance company for the benefit which is much larger than what he is supposed to receive under the insurance policy by fabricating documents and bills. Court has two options. First, court may deny the contractual right based on the principle of good faith. Second, court may allow partially the contractual right based on real claim and deny the rest of claim based on Restitution or Torts. The court has chosen to apply restitution or torts law instead. Theoretically, the choice by the court may be based on an orthodox view but does not produce any incentive to prevent potential policyholders from bring false claims. This article has classified insurance fraud into three and focussed and legally analysed the third type. First, the insurance applicant may deceive his or her insurance company by providing incomplete information when he or she makes a contract. Second, after making a contract with good faith, the policyholder or insured may deceive the insurer by intentionally causing the accident covered by insurance. Third, where no false information or no manipulating an accident, the policyholder may receive a larger payout than actual losses by submitting exaggerated bills and documents. Recently, the second third types of insurance fraud have been increased. Because of the lack of law to regulate these types of insurance fraud, the incentive to commit these types insurance fraud is good enough. This article have tried to provides countermeasures to prevent the third type of insurance fraud based on the principle of good faith in Civil Code from bring false claims.
The sex and age dependant differences in ECG values in C57BL6/N mice
Danbi Ka,Jieun Kim,Eun-Kyoung Kim,Hae-Rim Kim,Sang-Mi Cho,Seulgi Park,Faiz Ur Rahman,Mini Lee,Ki-Hoon Lee,Hoyoung Ghang,Won-Kee Yoon,Young-Suk Won,Hyoung-Chin Kim,Kyoung-Chul Choi,Ki-Hoan Nam 한국실험동물학회 2021 한국실험동물학회 학술발표대회 논문집 Vol.2021 No.7
Eelectrocardiogram (ECG) is a surface recording of the electric current passing through the heart, revealing the electrical activity associated with each heartbeat, and allowing visualization of the electrical state of the heart. In a state of consciousness, normal rat heart rates range from 500 to 700 beats per minute (bpm). ECG reflects the cycle of the heart and consists of P, Q, R, S and T waves. The non-invasive ECG system has the advantage of acquiring information not only on heart rate, but also on heart rate variability, RR, QT and PR intervals, as well as acquiring cardiac abnormalities in conscious animals. In this study, we conducted experiments ECG analysis with 12 weeks and 56 weeks aged male and female C57BL/6N mice. We compared the ECG values between male and female mice and between 12 weeks and 56 weeks aged mice, comparing age and gender differences. There were sex differences in HR and RR in 12 weeks aged mice and in HR and QRS in 56 weeks aged mice. We also found age dependant differences in QRS, ST, HR and RR in male mice and in PR, ST and QTc in female mice. These result indicate that there is age and sex differences in ECG values.
Rhee, Ka-young,Lee, Jeong-rim,Kim, Jinhee,Park, Sanghyon,Kwon, Won-Kyong,Han, SungHee Ovid Technologies (Wolters Kluwer) - AnesthesiaAna 2009 Anesthesia and analgesia Vol.108 No.4
<P>BACKGROUND: A lighted stylet is an effective alternative to a direct laryngoscope and has been reported to be particularly useful in patients with difficult airways. A high Mallampati class indicates poor visibility of the oropharyngeal structures. Because a lighted stylet does not require direct oropharyngeal visualization, we hypothesized that the lighted stylet would be easier to use than a direct laryngoscope in patients with a high Mallampati score. To examine our hypothesis, we performed a prospective, randomized study comparing a lighted stylet (Surch-Lite) with direct laryngoscopy in patients with high Mallampati scores. Success rate, time required for intubation, and hemodynamic changes were compared. METHODS: Mallampati Class III patients were enrolled and were randomly assigned to the Surch-Lite group (Group SL) or the direct laryngoscopy group (Group DL). Patients' tracheas were intubated with the randomly selected intubation device after induction of general anesthesia. Heart rate (HR) and mean arterial blood pressure were measured immediately before and every 30 s after intubation for 5 min. The time to intubation and success rate were recorded. Postoperative pharyngolaryngeal complaints were also assessed. RESULTS: Thirty patients were enrolled in each group. The success rate on the first attempt was significantly higher in Group SL (29 of 30) than in Group DL (24 of 30). The difference between maximal HR and baseline HR was significantly higher in Group DL (25 +/- 13 bpm) than in Group SL (16 +/- 10 bpm). The change in mean arterial blood pressure was also higher in Group DL (38 +/- 14 mm Hg) than in Group SL (20 +/- 13 mm Hg). The time to intubation was significantly shorter in Group SL (12 +/- 6 s) than in Group DL (17 +/- 12 s). Postoperative pharyngolaryngeal complaints were not significantly different between the two groups. CONCLUSIONS: The Surch-Lite showed a higher success rate on the first intubation attempt and produced an attenuated hemodynamic response to endotracheal intubation of patients with high Mallampati score. Thus, the Surch-Lite is an effective alternative to direct laryngoscopy in these patients.</P>
Design evaluation of wind turbine pitch/yaw bearings by contact stress analysis
가재원(Ka, Jaewon),김재동(Kim, JaeDong),남용윤(Nam, Yongyun),임채환(Rim, Chaewhan),박영준(Park, Youngjun),방제성(Bang, Jesung),이영신(Lee, Youngshin) 한국신재생에너지학회 2011 한국신재생에너지학회 학술대회논문집 Vol.2011 No.11
Wind turbine pitch/yaw bearings are relatively big and have different operating conditions like very heavy load to support compared with widely used industrial bearings. Once pitch/yaw bearings failed, according to their special surroundings, serious damages like higher repair costs and additional costs by stopped electricity generation are occur. Therefore, pitch/yaw bearings must be designed to have enough strength and fatigue life under actual operating conditions. In this study, with finite element analysis, it was investigated that stress distribution between rolling elements and raceway and comparatively analyzed using widely used guideline (NREL DG03). Design parameters of wind turbine pitch/yaw bearings are also analyzed, and it could be used as reference for the large bearing design field.
Characterisation of Pseudomonas aeruginosa related to bovine mastitis.
Park, Hye Rim,Hong, Min Ki,Hwang, Sun Young,Park, Young Kyung,Kwon, Ka Hee,Yoon, Jang Won,Shin, Sook,Kim, Jae Hong,Park, Yong Ho Akadémiai Kiadó 2014 ACTA VETERINARIA HUNGARICA Vol.62 No.1
<P>Pseudomonas aeruginosa is one of the causative pathogens of bovine mastitis. Most P. aeruginosa strains possess the type III secretion system (TTSS), which may increase somatic cell counts (SCCs) in milk from mastitis-affected cows. Moreover, most of P. aeruginosa cells can form biofilms, thereby reducing antibiotic efficacy. In this study, the presence and effect of TTSS-related genotypes on increase of SCCs among 122 P. aeruginosa isolates obtained from raw milk samples from mastitis-affected cows and their antibiotic susceptibility at planktonic and biofilm status were investigated. Based on the presence of TTSS-related genes a total of 82.7% of the isolates were found to harbour exoU and/or exoS genes, including the invasive (exoU-/exoS+, 69.4%), cytotoxic (exoU+/exoS-, 8.3%) and cytotoxic/invasive strains (exoU+/ exoS+, 5.0%). Milk containing exoS-positive isolates had higher SCCs than those containing exoS-negative isolates. The majority of isolates showed gentamicin, amikacin, meropenem and ciprofloxacin susceptibility at planktonic status. However, the susceptibility was decreased at the biofilm status. Based on minimum biofilm eradication concentration (MBEC)/minimum inhibitory concentration (MIC) ratios, the range of change in antibiotic susceptibility varied widely depending on the antibiotics (from 3.1-fold to 475.0-fold). In conclusion, most P. aeruginosa isolates studied here had a genotype related to increase in SCCs. The efficiency of antibiotic therapy against P. aeruginosa-related bovine mastitis could be improved by analysing both the MBEC and the MIC of isolates.</P>