• Title/Summary/Keyword: 같은 정당

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Concerning the Constitution Court's constitutional decision and the direction of supplemental legislation concerning Article 33 paragraph 8 of the Medical Service Act - With a focus on legitimacy of a system that prohibits multiple opening of medical instituion, in the content of 2014Hun-Ba212, August 29, 2019, 2014Hun-Ga15, 2015Hun-Ma561, 2016Hun-Ba21(amalgamation), Constitutional Court of Korea - ('의료법 제33조 제8항 관련 헌법재판소의 합헌결정'에 대한 평가 및 보완 입법 방향에 대하여 -헌법재판소 2019. 8. 29. 2014헌바212, 2014헌가15, 2015헌마561, 2016헌바21(병합) 결정의 내용 중 의료기관 복수 개설금지 제도의 당위성 및 필요성을 중심으로-)

  • KIM, JOON RAE
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.143-174
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    • 2019
  • Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

An Empirical Testing of Employee Attchment Model: A Comprison of South Korean and U.S. Teachers (조직유착모형의 경험적 적합성에 관한 고찰 - 교사들의 경우를 중심으로 한 한 . 미간 비교연구 -)

  • 조동기
    • Korea journal of population studies
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    • v.19 no.1
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    • pp.139-159
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    • 1996
  • This study comparatively examines a causal model of employee attatchment which focuses on employee's organizational commitment and intent to stay with an organization. This study is based on two separate studies of employee attachment among teachers : the U.S. case of the Chicago Public Schools (CPS) and the South Korean case of the Seoul Educational District (SED). The main purpose of this study is to replicate in Korea the CPS study. A revised model based on the unique characteristics of Korean teachers is also developed and estimated. The Price Mueller model of employee attachment provides the basic theoretical framework for this study. It includes five general classes of variables : 1) employee responses to work variables : job satisfaction, commitment, and intent to stay; 2) psychological stress variables: role ambiguity, role conflict, work overload, and quality of students; 3) social structural variables: autonomy, routinization, distributive justice, and legitimacy; 4) economic structural variables: pay, job security, promotional opportunities, and job opportunities; and 5) work orientation variables : career commitment, normative commitment, work motivation, affectivity, work values, and met expectations. The data was collected through questionnaire survey and a sample of 649 secondary school teachers in Seoul, South Korea, was included in the final analysis. Covariance structure analysis (LISREL) was used to estimate the causal model. The results indicate that the endogenous variables of job satisfaction and commitment play a considerably less important role than in the U.S. model in mediating the effects of the exogenous variables on intent to stay, and the model fails to explain the majority of the variance in intent to stay. In addition, the new variables added to the revised Korean model do not bave significant effects on intent to stay. The structural characteristics of the employment relationship and labor markets associated with Korean teachers forced mobility and closed external markets - are largely accountable for the major differences between the Korean and the U.S. cases. The study suggests that conceptual and empirical work on what produces employee attachment under these structural constraints needs to receive more attention in future studies.

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Examining the Formation of Entrepreneurial Activities through Cognitive Approach (기업가적 활동 형성에 미치는 영향요인: 인지론적 접근)

  • Lee, Chaewon
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.12 no.3
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    • pp.65-74
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    • 2017
  • There have been questions how entrepreneurs think, act and why individuals become entrepreneurs. The trait-based explanation of entrepreneurial activities has been main stream. However, the trait-based theory has been criticized because it assumes that entrepreneurial traits are inherited, stable and enduring over time. This research accepts the cognitive theory to see how entrepreneurs learn or accept others' values, how entrepreneurial perceptions of opportunity impact entrepreneurial actions and how individuals acquire the social legitimation of the formation of entrepreneurial activities. In order to capture the attitudes, activities and motivations of people who are involved in entrepreneurial activities, the author uses the GEM Korea 2016 data. The data from the Global Entrepreneurship Monitor(GEM) has been well known for the data to capture individuals early-stage entrepreneurial activities. This paper used the sample from the APS(Adult Population Survey) of the GEM which was completed by a representative sample of two thousand adults in Korea by the qualified survey vendor, with strict procedures and oversight by the GEM central data team. The hypotheses are tested with logit regression analysis to estimate the probability of the influence of perceptual variables such as individual perception in social learning, the opportunity recognition in the environment, and social legitimation in the entrepreneurial activities. Based on the results, individuals tend to have high entrepreneurial activities if individuals have high self-efficacy. Also, the existence of role models around the entrepreneurs encourages the individuals involve in entrepreneurial activities more however the perception of opportunity in the environment is not strongly associated with entrepreneurial activities. The media exposure of successful entrepreneurs is more important than others' perception of entrepreneurs on the desirable career option or respect from communities. This paper can contribute to the cognitive processes, particular perception about oneself, as well as perception which is impacted by a community or a society.

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Competitive ELISA for the Measurement of Glycoprotein Purified from Acanthopanx senticosus (가시오가피로부터 분리한 단백 다당물질의 경쟁적 ELISA법에 의한 분석)

  • Ha, Eun-Suk;Hwang, Soo-Hyun;Shin, Kwang-Soon;Yu, Kwang-Won;Lee, Keyung-Ho;Choi, Joo-Sun;Park, Woo-Mun;Yoon, Taek-Joon
    • Korean Journal of Food Science and Technology
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    • v.35 no.6
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    • pp.1209-1215
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    • 2003
  • This study was carried out to establish a quantitative analysis method of separating immuno-activating substance (EN-SP) from Acanthopanax senticosus (A. senticosus) by competitive direct ELISA. Mouse antiserum (anti-EN-SP) against EN-SP was generated by immunization (s.c.) of EN-SP purified from A. senticosus as an immunogen. The titer of anti-EN-SP was about 1 : 400, and the optimal dilution of EN-SP-HRP conjugate was 1 : 1,000. When the standard curve was constructed by ELISA, its sensitivity was about $0.2{\mu}g/mL$. The coefficient variation of intra- and inter-assay were $6.13{\sim}8.81%$ and $6.73{\sim}8.60%$, respectively. According to the standard curve, the concentration of EN-SP in various senticosus extracts was found to be only $59.85\;{\mu}g$ in 10mg of extract from the bark of A. senticosus. Similarly, the immunostimulating activity to produce $TNF-{\alpha}$ or IL-12 among the various extracts of Acanthopanax was shown to be correlated with the content of EN-SP. These results demonstrated that competitive ELISA was a convenient, fast, reproducible, and accurate method for the determination of EN-SP as an immunologically active standard substance in extract of A. senticosus.

A Study on a Democratic Records Management System in Korea (자율과 분권, 연대를 기반으로 한 국가기록관리 체제 구상)

  • Kwak, Kun-Hong
    • The Korean Journal of Archival Studies
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    • no.22
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    • pp.3-35
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    • 2009
  • We have innovated the records management since 2004. So, We innovated the electronic records management, transparency, and accountability. From these results, we could mark a turning point to plant the democratic values in the government It is very surprising, but it is fact that there are the estrangement between the high level institutionalization and low level records cultural soil. But after starting new government, things have been going backward. We have experienced the hyper-politicized problem, shrinking governance problem, regressive personnel policies in the National Archives of Korea. 'New Innovation Model' has resulted the shrinking democratic values, and the growing the bureaucratism. At this point of change, it will be meaningful to review the future of records management. First, we should make the more archives to realize the self-control decentralization model. It means that all local governments has the duty to build the archives, and to operate it with a principle of autonomy. Second, We should start the culture movement to build the more archives, the small archives in private sector. Archives are necessary in the NGO, Universities, firms, art, media, etc. And the small archives are necessary in the various communities, which enhance the rights of minority. All these will spread the democratic values in our society. Third, right democracy system should be operated for the political neutrality, independency. This problem is not prohibited within the national archives innovation model. So, we should transfer the powers of government to local government, and we should re-innovate the National Archives Committee will have the role to make the important records management policies. In short, Unless going to forward with the more democratic values, it would go backward 'records management without democracy'.