• Title/Summary/Keyword: 국가책임

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The Improvement Plan on Unifying from Law and Regulations Related to Radiation (방사선관계법 개정 시 용어 적용에 관한 개선 방안)

  • Jeong, Dong-Kyong;Lee, Jong-Back;Park, Myeong-Hwan
    • The Journal of Korean Society for Radiation Therapy
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    • v.18 no.1
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    • pp.7-12
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    • 2006
  • Purpose: This is for the purpose to help the bill related to technologists be systematic and unitary by carefully analyzing a legislation, an enforcement ordinance, and enforcement regulations in the connection with the radiological worker and the radiation workers from the law and regulations related to technologists. Materials and Methods: Concerning technologists, a legislation, an enforcement ordinance, and enforcement regulations for a sort of medical technician, regarding the radiological worker, the rules of diagnosis radiation equipment safety management, and concerning the radiation workers, atomic energy law, an enforcement ordinance and enforcement regulations were gathered, compared with one another, and analyzed. Results: Among technologists, in the case of working in the department of diagnosis radiation, the title 'Radiological Worker' is used by the Medical Service Law, and in the case of working in the department of radiation tumors or the one of nucleus medicine, the title 'Radiation Workers' is used by the Atomic Energy Law. Conclusion: Besides the technical term that is used by characteristic tasks, unification of the terms that can be used in common is necessary for sure. And when a legislation, an enforcement ordinance, enforcement regulations, and notification, things like that in the radiation field are amended, certainly they should be done by mutual agreement through negotiation between the organization related to radiation and the governmental organization.

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A Study on the Establishment of desirable Model for Licensed Private Investigation Service System (공인탐정제도의 올바른 모델설정에 관한 연구)

  • Lee, Sang-Hun
    • Korean Security Journal
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    • no.20
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    • pp.249-270
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    • 2009
  • There have been great demands for various private searches and collecting information activities. but in korea it is still banned to supply private investigation service and to use the term 'private investigation'. So establishment of desirable model for private investigation service system is essential factor in strategic approaching for privatization of policing. In most developed countries private investigation service system is generally permitted and various methods to solve the side effects of that are considered. It is necessary to revise more the Security Business Law to introduce private investigation service system so that the dispute on determining how to do and what to do. It looks like that police agrees with the introduction of the private investigation service system because this could be an option when it comes to the job that its members can take after retirement and because this system helpful their own work. Actually Korea government have tried to prepare the law enactment of the private investigation service system since 1999 but have been failed. This study focuses on implementing the suitable system for private investigation service in Korea, which includes the consideration of the logical validity of the introduction by comparing with other foreign private investigation service system. We should make research and effort to cope with such as a partial amendment about the problem and the side effect that can be happened in a beginning stage of system trial.

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Health Economic Approach to End-of-Life Care in the US: Based on Medicare (말기의료의 경제적 요소에 관한 논의: 미국 메디케어 상황을 중심으로)

  • Suk, Ryan
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.335-373
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    • 2014
  • According to one Medicare report, in the US, total federal spending on health care expends almost 18 percent of the nation's GDP, about double what most industrialized nations spend on health care. And in 2011, Medicare spending reached close to $554 billion, which amounted to 21 percent of the total spent on U.S. health care in that year. Of that $554 billion, Medicare spent 28 percent, or about $170 billion, on patients' last six months of life. So what are the reasons of this high cost in EOL care and its possible solutions? Much spendings of Medicare on End-of-Life care for the terminally ill/chronically ill in the US has led health economics experts to assess the characteristics of the care. Decades of study shows that EOL care is usually supply-sensitive and poor in cost-effectiveness. The volume of care is sensitively depending on the supply of resources, rather than the severity of illness or preferences of patients. This means at the End-of-Life care, the medical resources are being overused. On the other hand, opposed to the common assumption, "The more care the better utility", the study shows that the outcome is very poor. Actually the patient preference and concerns are quite the opposite from what intense EOL care would bring about. This study analyzes the reasons for the supply-sensitiveness of EOL care. It can be resulted from the common misconception about the intense care and the outcome, physicians' mission for patients, lack of End-of-Life Care Decision which helps the patients choose their own preferred treatment intensity. It also could be resulted from physicians' fear of legal liabilities, and the management strategy since the hospitals are also seeking for financial benefits. This study suggests the possible solutions for over-treatment at the End-of-Life resulting from supply-sensitiveness. Solutions can be sought in two aspects, legal implementation and management strategy. In order to implement advance directive properly, active ethics education for physicians to change their attitude toward EOL care and more conversations about end-of-life care between physicians and patients is crucial, and incentive system for the physicians who actively have the conversations with patients will also help. Also, the general education towards the public is also important in the long run, and easy and official advance directive registry system-such as online registry-has to be built and utilized more widely. Alternative strategies in management are also needed. For example, the new strategic cost management and management education, such as cutting unnecessary costs and resetting values as medical providers have to be considered. In order to effectively resolve the problem in EOL care for the terminally ill/chronically ill and provide better experience to the patients, first of all, the misconception and the wrong conventional wisdom among doctors, patients, and the government have to be overcome. And then there should be improvements in systems and cultures of the EOL care.

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Constitutional Issue Review of Compensation for Inevitable Medical Accidents During Delivery (불가항력 의료사고 보상사업에 대한 헌법적 쟁점 검토)

  • JUN, HYUN JUNG
    • 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.

Sprachtypologische Fehleranalyse - Im Vergleich der deutschen und koreanischen Sprache - (독일어와 한국어를 비교한 언어 유형적 분석)

  • Park Jin-Gil
    • Koreanishche Zeitschrift fur Deutsche Sprachwissenschaft
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    • v.7
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    • pp.1-24
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    • 2003
  • 우리는 지금까지 독일어와 한국어 두 언어간의 오류분석을 논의해 왔다. 특히 언어유형학적인 측면에서 몇 가지 오류유형과 분석을 시도했다. 그 결과는 대체로 다음과 같이 요약될 수 있다. 독일어와 한국어가 서로 근본적으로 상반되는 언어현상과 더불어 약간의 공통성을 나타내며 일정한 유형을 나타낸다. 이는 두로 인간의 언어습득장치에 기인된 언어습득의 결정주의(Determinismus)에서 비롯될 것이다. 언어특성/문제의 체계성/규칙성 또는 일관성은 이를 반영한다. 거대한 언어자료 중에 극히 미미한 일부, 즉 언어최소량를 정복함으로써 그 효용성을 극대화할 수 있는 것은 매우 중요한 의미를 지닌다. 이를 연구 이용하는 경우에는 엄청난 효과와 가능성을 기대할 수 있을 것이다. (1) 독일어와 한국어의 학습 및 오류분석에서 가장 핵심적인 것은 언어유형학적으로 드러난 언어특성, 즉 전치성(독일어/영어)과 후치성(한국어)이다. 이를 토대로 형성된 대립적인 면과 공통적인 문제를 체계화하는 것이 역시 오류분석 문제의 관건이다. 또한 독일어가 아직 후치성 언어(한국어(TXV))에서 출발해서 전치성 언어(영어(SVX))로 발전/변화해 가는 과정, 즉 중간단계인 TVX에 머물고 있다는 사실이 중요한 의미를 지닌다. 즉 그들의 대극성과 유사성을 연결하는 실마리로 볼 수 있기 때문이다. (2) 일치(Kongruenz)/상관(Korrelation) 및 반복(Wiederholung) 현상, 그리고 격변화와 인칭변화 현상은 어순문제와 더불어 형태론적 문제를 통해 문법적인 확인수단으로 작용한다. 이들은 대부분 체계적/구조적으로 나타나기 때문에 학습자는 흔히 같은 유형에서 반복적으로 오류를 범하기 마련이다. 이를 극복하기 위해서 언어 유형학적 오류분석을 이해하고 또한 이를 통해 오류를 줄이거나 예방하는 학습이 필요하다. (3) 명사가 한정사구 안에서 성/수/격에 따라 변화하는 것과 동사가 동사구에서 주어의 인칭/수에 따라 인칭변화 하는 것은 우리 한국인에게는 아주 이색적인 현상이다. 이는 양면적인 수식구조에 대한 확인수단 및 원자가에 의한 강력한 형식위주 언어인 독일어와 전위적인 단일 수식구조와 부정형 동사를 특성으로 형성된 핵/최소문 언어간의 필연적인 적응관계 및 결과라고 볼 수 있다. 이 두 가지 유형 역시 언어특성에 따라 도식화/공식화 할 수 있다. (4) 괄호현상, 즉 으뜸머리(Hauptkopf)가 버금머리(Nebenkopf)와 분리하는 것은 우리 한국인에게는 아주 이색적인 언어현상이다. 한국어에는 머리의 이동이 없기 때문이다. 긴 구문에서 버금머리를 잊어버리거나 실수하는 것은 모든 괄호구문에서 예견되는 결과이다. 그러나 이는 정치성과 후치성 언어간의 전이 과정으로 이해될 수 있다. 으뜸머리가 원래의 자리를 박차고 소속 구/문의 앞자리로 도약한 것처럼 느껴지기 때문이다. (5) 전치 및 후치 수식이 유동적으로 작용하는 독일어는 전치 수식만으로 고정된 한국어보다 복잡하지만 균형적인 언어구조이다. 이러한 수식구조에서 한국인은 흔히 형태 및 어순에서, 그리고 번역에서 오류를 범하고 만다. (6) 그러나 가장 중요한 것은 아는 것을 제대로 이용하는 문제이다. 모국어/L2를 자유로이 말하고 쓸 때까지, 즉 언어습득에는 일체이 문법이나 도표/도식을 이용할 필요가 없다는 사실이다. 이는 17세기 서구의 이성주의 철학자들의 한결같은 경고이다. 오늘날 초고속 과학문명에서 더욱 빛을 발하는 것은 당연한 결과이다. 한 언어 속에 들어있는 문법체계를 익혀 가는 것이 곧 언어습득 과정이지만, 이를 달성하는 가능성 내지 첩경은 실제적인 언어자료와 체험이지 결코 문법이나 추상적인 개념적 접근이 아님을 웅변하고 있기 때문이다. 핵심적인 문제는 모국어교육에서도 최대 장점인 대화를 통한 언어연습/대화 기회를 최대한 보장하는 데 있다. 또한 언어간섭 현상을 조장하는 분위기를 막아야 할 것이다. 이러한 의미에서 교수법 개발이 외국어/L2 성공의 관건일 것이다. (7) 언어학습에서 오류를 극복하는 데는 일차적인 실제 상황에 부합하는 대화적인 연습, 그리고 효과적인 언어자료 접촉, 즉 독서와 모방이 중요하다. 이차적이고 직접적인 것은 통사(Syntax) 및 형태론(Morphologie)를 익힐 수 있는 말/문을 끊임없이 익히는 일이다. 이것이 또한 언어최소량을 충족시켜 언어습득에 이르는 첩경이다. 자연 생태적인 모국어 학습 또는 조정 및 제도적인 언어학습에서도 실제상황에 어긋나는 문법적인 체계에 얽매이는 도식 및 도표 위주의 텟스트는 일시적인 기대일 뿐이다. 인간의 언어습득장치를 이해하지 못한 결과이기 때문이다. 문법적인 개념위주 접근은 상당한 설명이 필요해서 절박한 자료와 체험까지 앗아가기 마련이다. 더구나 이를 위해 수준을 무시하고 모국어로 일관하여 벙어리와 문맹을 자초하는 것은 참으로 어리석은 일이다. 지식 정보화 시대 및 세계화 시대에는 무엇보다도 교육 및 언어정책이 국가 발전의 원동력이다. 특히 영어를 비롯한 외국어 학습능력과 학습방법은 매우 중요하다. 학습자에게 말하고 쓰는 기본 능력을 보장하는 것이 급선무이다. 이를 위한 작업의 하나가 바로 언어간의 오류분석일 것이다. 언어의 습득과 활용이 체계적이듯이 오류분석 역시 상당히 체계적이다. 그래서 인간의 언어습득과 언어습득장치를 두고 결정론(Determinismus)이 지배적이다. 이러한 의미에서 언어습득의 3대 요소, 즉 언어습득장치를 구비한 인간으로 태어나고, 해당 언어를 통한 일관된 언어체험/학습으로 언어최소량을 충족해야 한 언어를 정복할 수 있다는 것은 결정적인 사실이다. 학생고객에게 다가서는 책임교육으로 교육개방에 대비하는 일 역시 시대적인 상황이요 또한 결정적인 단계임엔 틀림이 없을 것이다.

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A Study of the Conservation Policy and Management Status of Historic Gardens in England - Focused on the National Trust - (영국 역사정원 보전정책과 관리현황에 대한 연구 - 내셔널 트러스트를 중심으로 -)

  • Yoon, Sang-Jun;Kwon, Jin-Wook
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.28 no.3
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    • pp.131-143
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    • 2010
  • This paper investigates the history, policy and status of the conservation of historic gardens in the National Trust in England and its implications for Korea. It was conducted in three phases as follows: First, related literature data was collected to understand the National Trust and its role in the conservation of historic gardens. Second, The National Trust Policy Papers: Gardens and Landscape Parks in 1996 was reviewed and analyzed into eight categories with a review of 216 gardens and interviews with gardener-in-charge via e-mail. Finally an understanding of the policy for the conservation of historic gardens was formed from the results of the previous phases, and implications were drawn from the integrated analysis guidelines of the policy and status. The key feature of the conservation of the National Trust's historic gardens is that the conservation process has been conducted systematically through acquisition, management, upkeep, advice and so on. Furthermore, the conservation principles are defined in a concise and accessible form. According to their practical conservation process and principles, the results of the National Trust activities are to appreciate the significance of the gardens and act with accountability; integration; managing change; access and participation; and training gardener and partnership. According to the results of its activities under the premise that the purpose of the conservation and the meaning of a garden do not differ significantly among nations, implications for Korea can be primarily suggested by three points as follows: First of all, a flexible approach to change in historic gardens should be managed. In response to inevitable and desirable change, anything that is added or transferred should be recorded for the future as much as possible. Therefore, everything must be recorded and any change should be managed. Second, is to provide sustainable access for the benefit for the people and visitors. The aim of conserving the gardens is for human's to eventually understand that the present generation just borrows the historic gardens before they are passed down. The ensuing implication is that people may enjoy the gardens educationally, aesthetically, and physically, and children can be continuously interested in historic gardens as apart of educating the future generation. Finally, the National Trust educates apprentice gardeners who will maintain the historic gardens and continuously keep the current garden staff up to date with workshops. This is in contrast to the day laborers who work for historic gardens in Korea. In practice, the maintenance of historic gardens is not a simple process. The gardener must understand the past, reflect the present, and prepare for the future. Therefore, gardeners deliver culture from generation to generation.

The Study of Effectiveness of MERS on the Law and Remaining Task (국내 메르스(MERS) 사태가 남긴 과제와 법률에 미친 영향에 대한 소고(小考))

  • Yoon, Jong Tae
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.263-291
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    • 2015
  • In May, 2015, a 68 years old man, who has been Middle East Saudi Arabia and the United Arab Emirates, had high fever, muscle aches, cough and shortness of breath. he went two local hospital near his house and the S Medical Center emergency center. He was diagnosed MERS(Middle East respiratory syndrome) and the diseases had put South Korea the fear of epidemics for three months. Especially, this disease has firstly reported in Middle East Asia in September 2012 and spreaded to twenty-six countries. In 21, July, 2015, European Center for disease prevention and control reported 533 people were died and in South Korea, 186 people were infected, 36 people were died and 16,693 people were isolated from MERS. South Korea government were faced into epidemic control and blamed from public. Especially, hospital acquired infection, disease control chain, opening of information, ventilation, lack of isolation bed, the problem of function of local health center, the issue of reparation for hospital and insurance cover rate, the classification of disease, the role of Korea Centers for disease control and prevention, the culture of visiting hospital to see sick people, the issue of hospital multiple room and other related social support policy. it is time to study and discuss to solve these problems. South Korea citizens felt fear and fright from MERS. What is wore, they thought the dieses were out of their government control. It was unusual case for word except Middle East Asia. numerous tourists canceled visiting korea. South korea economic were severly damaged especially, tourism industry. South korea government should admit that they had failed initial action against MERS and take full reasonability from any damages. The government have to open information to public in terms of epidemic diseases and try to prevent any other epidemic diseases and try to work with local governments.

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Methods of Record Management for Head of Local Government (광역자치단체장의 기록 관리 방안 연구)

  • Lee, Young-eun
    • The Korean Journal of Archival Studies
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    • no.27
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    • pp.35-88
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    • 2011
  • This study suggested the methods of record management for the heads of local government, which would be the most valuable among local records. In order to conduct a systematic record management for the heads of local government, this study suggested the methods of establishing a record management system regarding regulation arrangement, production registration, preservation, utilization and services. First of all, in order to estimate the record category of the heads of local government, the study examined the duties of the offices of the deputy heads of local government, secretary's offices and information offices, which have been subsidiary & assistance branches in charge of producing the record. In addition, it investigated the present conditions of record management for the heads of local government through the interviews with secretary offices and information offices belonging to 16 cities and provinces and the claims for information disclosure and found out the following problems. They included incomplete record production, non-registration of produced records, abolition of records and taking them out of designated places with due notice, record preservation period regardless of the term of the heads of local government, varied preservation period for the records of the heads of local government by local self-government, short preservation period of primary records and non-management of home pages after the term of the heads of local government. To solve such problems, the study suggested the regulation arrangement for record management and a record management system. The regulation arrangement could be obtained through the establishment of the administrative organization setup condolence etiquette enforcement regulation and the recorders in local government and the revision of operation rules and through the revision of the reference plan for operation rules enactment of recorders from National Archives of Korea. As for the record management system, the study suggested the establishment of production, registration and preservation system of records for the heads of local government and the utilization and services of their records. In order to produce and register the records, the unit assignments should be founded by department in charge of the duties related to the records of the heads of local government on record management criteria, thus letting the staff surely produce and register the records. In terms of utilization and services of the records, the study suggested the use of websites and drawing up the record list, through which each record viewer would be able to figure out which records have been managed through the list services and which services could be given to the residents, thus letting the residents and the heads of local government who finished their term of duties use the records.

Understanding policies regarding intangible cultural treasures and directions for improvement to promote the continuing tradition of Pansori (판소리 전승 활성화를 위한 무형문화재 제도의 이해와 개선 방향)

  • Choi, Hye Jin
    • (The) Research of the performance art and culture
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    • no.36
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    • pp.289-312
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    • 2018
  • Pansori has been passed down over several generations and over time have undergone continued change in accordance with the times, as well as the skills and ability of the singer. Policies regarding intangible cultural treasures were established to preserve and promote the continuing tradition of art forms including Pansori and thus must spare no effort in supporting and preserving the genre. As such, for proper implementation of the newly legislated law, it is necessary to review the agents who pass down the tradition of Pansori and whether there are any areas that need to be changed in terms of our perception of culture in general. Pansory in the $21^{st}$ century features both contemporary aspects and mass appeal and have undergone many changes in how it is enjoyed. It is our responsibility therefore, to establish how the art and universality of Pansori should be promoted. From this perspective, this study reviewed the evolution of law on intangible cultural treasures, the current status of intangible cultural treasures being passed down with a focus on national treasures and those of Jeonbuk Province to shed light on issues. Diversification is needed in the number of those who carry this intangible cultural treasure, as well as the number of categories. To that end, a survey index or practical ability index must be taken into account for the application and designation of intangible cultural treasures. The study also noted issues of the categories for designation as intangible cultural treasures and discussed directions for improvement. In the case of Pansori, suggestions for improvement were presented for the designation of skilled artists by school, regular surveys and regular application, increased role of artists for increased mass appeal, survey of regional singers, supervision and monitoring of skilled artists and establishment of a manual for the education on how to pass down the art form. In doing so, efforts should be made to make the passing down of Pansori more active and related education more systematic. Since we are in the early years of the law on intangible cultural treasures being implemented, areas of improvement will continue to be identified. It is however certain that the proper support for the art form to be handed down should be done in a way where law and culture are complementary given that Pansori is not just a Korean tradition, but a tradition of mankind.

Study on Korea Social Perceptions on the Forest Fires of Newspaper Analysis (신문사설 분석을 통한 산불에 대한 사회적 인식연구)

  • Kim, Bomi;Park, Joowon
    • Journal of Korean Society of Forest Science
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    • v.108 no.1
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    • pp.88-96
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    • 2019
  • The purpose of this study is to understand when forest fire as a natural phenomenon becomes constructed as social issues in Korea; how the forest fire-related discourses in the editorials reflecting the social perceptions have been changed regarding the principal subject and the measures of the forest fire management; and whether the social perception on the forest fire affects the forest fire policy of the state. From the analysis of a total of 44 editorials related to forest fires from 1988 to 2017. By the using, in the forest fire-related editorials the social perceptions on forest fires are forest fire editorials categories, main keywords, contents of social perception on 'the main subject responsible for forest fire management,' 'forest fire prevention measures,' categorization, frequency analysis and context analysis of words used. It is found that in the first-period forest fire management measures were recognized as a part of the overall forest management. In the second period, the approaches of ecological management emerged on the part of forest fire management. As forest fires were managed as a type of social disaster during the third period, such perceptions were gradually reinforced that the state should protect the people from the forest fire. In the 3rd, 4th, and 5th National Forest Plan, the forest fire management policy of each period was focused in enlightening the general public, protecting forest resources ecosystems, and preventing loss of lives, respectively. As a result of the analysis of social perceptions and comparing them to the forest fire policies through the analysis of editorials on forest fires, it is found that the social perception on the forest fire and forest fire management plan has changed having interconnections.