• 제목/요약/키워드: 근거이론적 연구

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Division of Inherited Property by Agreement and Legal Rescission -focusing on Japanese Supreme Court Decision delivered on February 9, 1989- (상속재산협의분할과 법정해제 -일본(日本) 최고재판소(最高裁判所) 1989. 2. 9. 판결(判決)을 소재로 하여-)

  • Chung, Ku-Tae
    • The Journal of the Korea Contents Association
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    • v.13 no.1
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    • pp.175-185
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    • 2013
  • The judgement which is subject of research has denied legal rescission of division of the inherited property by agreement based on (1) the fact that the division of inherited property terminated at the time of concluding mutual agreement in its nature while only the relationship of claim and obligation between the inheritor who has paid for such obligation and the inheritor who has acquired such obligation in the mutual agreement remains (2) and the fact that the legal stability is considerably hindered as the re-partition of inherited property having retroactive effect becomes unavoidable in case of approving the legal rescission of the division of the inherited property by agreement. But it is reasonable to also approve legal rescission on the division of the inherited property by agreement in case the division by agreement actually has the nature such as conditional donation between joint heirs (1) from the fact that the division of the inherited property by agreement gets the nature of disposal equivalent to exchange, transfer and abandonment of share between joint heirs in actuality, (2) and the fact that there are no other theories in approving the validity of mutually agreed rescission despite the fact that the re-partition of inherited property having retroactive effect is unavoidable even in case of the mutually agreed rescission of the division by agreement among all joint heirs. However, as the division of the inherited property by agreement is a contract that gets concluded only if all joint heirs participate, even the legal rescission for the reason of not fulfilling the obligations paid by one party of the heirs during the division by agreement must be considered as possible only by expression of intentions from all other joint heirs excluding this one party.

Anaerobic Digestion of Fish Offal(II) : Evaluation of Biodegradability Using Biochemical Methane Potential (생선 폐기물의 혐기성 소화 처리(II) : Biochemical Methane Potential을 이용한 생분해도 평가)

  • Jeong Byung-Gon
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.9 no.3
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    • pp.154-159
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    • 2006
  • It is essential to understand the decomposition characteristics for developing the optimum anaerobic digestion system of organic wastes. In this study, BMP (Biochemical Methane Potential) test using serum bottle was conducted to evaluate the anaerobic degradability of fish offal. 3 different groups of fish offal including waste from mackerel and hairtail handling except viscera and fish viscera were chosen for the substrates. Grinded fish offal was transferred anaerobically to serum bottle in amounts of 50 ml, 100 ml and 150 ml, respectively. BMP test was carried out in triplicate. Cumulative methane production and methane production rate depending on incubation time were evaluated. These results varied depending on substrate characteristics. The average values of ultimate methane yield ranged between $420ml{\cdot}CH_4/g{\cdot}VS$ and $490ml{\cdot}CH_4/g{\cdot}VS$, and the methane production and degradation rate of viscera were higher than those of other parts of fish offal. According to the analysis of elemental composition, average C/N ratio of fish offal used in this study was 5.2. Theoretical ultimate methane yield calculated from elemental composition was $522ml{\cdot}CH_4/g{\cdot}VS$. Biodegradability was calculated as 0.847.

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A comparative study on the 'Xuan'in the view of Yangxiong & Gehong(1) (양웅(揚雄)과 갈홍(葛洪)의 '현(玄)' 개념 비교 연구(1) - 우주생성론을 중심으로 -)

  • Lee, Jin-yong
    • The Journal of Korean Philosophical History
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    • no.38
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    • pp.221-249
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    • 2013
  • This paper aims to examine the meaning of 'Xuan(玄)' in the cosmogony, especially in the view of Yang-xiong(揚雄) and Ge-hong(葛洪). The concept 'Xuan' is thought to have originated in the XianQin text Laozi & Zhouyi. After the XianQin period, this concept has been defined as philosophical concept, and it has a variety of meanings. This paper discussed about the cause of creation, the differentiation process, and the existence principle, within the cosmogony of Yang-xiong & Ge-hong. First, the cause of creation in the Yang-xiong is efficient cause in the state of the elementary substance, but also is the principle that is applied to the phase of the creation. While the cause of creation in the Ge-hong is comprised of the cause of the creation and the existence principle. Thus, the meaning of the concept 'Xuan' in the both scholar is different from the matter monism. Second, the concept 'Xuan' in the both scholar contains the tendency of cosmogony and ontology. Yang-xiong maintains the cosmogony, but he also hold on the rudimentary view of ontology. While Ge-hong display a tendency of ontology. Third, Ge-hong accepted the view of Yang-xiong and he developed the meaning of the existence principle. And finally, the concept 'Xuan' in the both scholar forms a philosophical system. Yang-xiong insisted that the concept 'Xuan' is the basis of the universe, the human-being and the society. While through realizing the concept 'Xuan', Ge-hong tried to pursue the human-being's agelessness and the eternal life.

Analysis on the Characteristics and Criteria Development in Performing Science Inquiry Tasks for Elementary School Students (초등학생 과학 탐구과제 수행 특성 분석 및 채점기준 개발)

  • Ham, Eun Hye;Lee, You-kyung;Park, So-Young;Park, Hyejin;Lee, Sunghye
    • Journal of The Korean Association For Science Education
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    • v.42 no.2
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    • pp.239-252
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    • 2022
  • This study aims to develop performance criteria based on characteristics observed in science inquiry tasks for elementary school students. First, the performance characteristics by observing 70 fifth-grade elementary school students' science inquiry activity report are listed. Second, the checklist-type scoring criteria in connection with the theoretical framework of scientific inquiry process and relevant competencies are developed. Third, with the developed scoring criteria, 11 raters participate in scoring 350 students' reports. The main findings are as follow: first, the scoring data are well-fitted for the many-faceted Rasch model, and 22 scoring criteria are reasonably-well differentiated for various levels of proficiency. Second, at low performance level, observable characteristics are to answer questions explicitly required by the task or to observe objects or phenomena using pre-learned scientific concepts, while at high performance level, to explore additional data other than given data or to reflect on one's experimental process. Based on the results, the usefulness of analyzing students' performance characteristics for developing the scoring criteria, and further research directions are discussed.

Symptoms of the subject in a movie based on Lacan's work on psychosis - Focusing On Lars von Trier's film (라캉의 정신병 연구에 근거한 영화 속 주체의 증상 - 라스 폰 트리에의 <살인마 잭의 집>을 중심으로)

  • HAN JINGZHI
    • Trans-
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    • v.16
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    • pp.69-105
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    • 2024
  • The House that Jack Built (2018), a film about how the protagonist Jack is reborn as a "mad artist" with psychotic symptoms during a 12-year killing spree, provides an interesting opportunity to analyze the film in terms of psychoanalysis and religion. Jack, an engineer who suffers from OCD, finds pleasure in the accidental murder of a character and considers killing people as an art form, overcoming his OCD in the process. The question we are interested in is whether the symptoms of OCD are truly overcome by the act of repeated killing. The idea is that Jack's OCD is not overcome by killing, but rather that the symptoms disappear as he moves from neurosis to a stabilized psychotic state. According to the theory of the famous French psychoanalyst Lacan, the hallucinations or delusions that human subjects experience when they lose their realistic stability are a phenomenon that occurs when they are confronted with The Real, which penetrates through the cracks of the symbolic system. Phenomena such as Jack's illusory reality and delusions in the movie are pathological symptoms of the absence of a paternal figure in his life, causing the Name-of-the-Father to fail to take hold. This paper deciphers the psychotic structure of Jack, the protagonist of Lars von Trier's House of Jack, through Lacanian psychoanalysis.

The research about difference between Sangsan-Simhak and Yangming-Simhak - from a different point of view between 'Song-Hak' and 'Ming-Hak'- (상산심학과 양명심학의 차별성 연구 - '송학'과 '명학'의 차별적 관점에서 -)

  • Lee, Sang-Ho
    • Journal of Korean Philosophical Society
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    • v.105
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    • pp.321-350
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    • 2008
  • The purpose of this paper is to identify the difference between Sangsan-Simhak(象山心學) and Yangming-Simhak(陽明心學). This means that the whole history of Sung Confucianism needs to be understood based on changing philosophical paradigm according to the times, not general perception which regards the whole history of Sung Confucianism as Li-Hak (理學) and Sim-Hak(心學). This kind of perception is caused by the general perception which divides Sung Confucianism into Sim-Hak and Li-Hak. We regard the former as Chung-Chu study and the latter as Liu-Yang study. Because of this, Sangsan study is recognized as the former stage study of Yangming study and can not be placed in independent position in whole history of Sung Confucianism. And Sang is regarded that it takes diametrical opposition with Chuhsi study. So it is said that there is no point of sameness among them. But Sangsan study was generated from 'Song-Hak(宋學)' based on paradigm of Li-Hak and Yangming study was generated from 'Ming-Hak(明學)' based on paradigm of Sim-Hak. The difference between 'Song-Hak' and 'Ming-Hak' is generated from proposition called 'Sim is Li (心卽理)' that most research has overlooked. To identify these things, this paper examine the philosophical difference between 'Song-Hak' and 'Ming-Hak' and analyze the proposition 'Sim is Li(心卽理)' that regards Sangsan study and Yangming study as same philosophical system. And this paper identify the philosophical difference between Sangsan study and Yangming study by examining the method that the concept of 'Sim is Li(心卽理)' is applied in moral cultivation. This paper shows that the difference of interpretation about the concept of Li(理), between 'Song-Hak' based on Li paradigm and 'Ming-Hak' based on Ki-Hak(氣學) paradigm, causes different meaning in 'Sim is Li(心卽理)'. Through these, this paper demonstrate the difference between the paradigm of 'Song-Hak' that Chuhsi study and Sangsan study have and the paradigm of 'Ming-Hak' that Yangming study has and the fact which Sangsan study is systematic philosophy of Sung Confucianism in itself not former stage of Yangming study.

A Comparative Study on Parallel Import between Korea and China- Focused on Intellectual Property Rights (한국과 중국의 병행수입제도에 관한 비교연구- 지적재산권을 중심으로)

  • Huang, Yi-Qing;Cho, Hyun-Sook
    • International Commerce and Information Review
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    • v.16 no.4
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    • pp.79-102
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    • 2014
  • A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.

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A Proposal of Stress-Strain Relations Model for Recycled-PET Polymer Concrete under Uniaxial Stress (일축 하중을 받는 PET 재활용 폴리머콘크리트의 응력-변형률 모델의 제안)

  • Jo Byung-Wan;Moon Rin-Gon;Park Seung-Kook
    • Journal of the Korea Concrete Institute
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    • v.16 no.6 s.84
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    • pp.767-776
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    • 2004
  • Polymer concrete shows excellent mechanical properties and chemical resistance compared with conventional normal cement concrete. The polymer concrete is drawing a strong interest as high-performance materials in the construction industry. Resins using recycled PET offer the possibility of a lower source cost of materials for making useful polymer concrete products. Also the recycling of PET in polymer concrete would help solve some of the solid waste problems posed by plastics and save energy. The purposed of this paper is to propose the model for the stress-strain relation of recycled-PET polymer concrete at monotonic uniaxial compression and is to investigate for the stress-strain behavior characteristics of recycled-PET polymer concrete with different variables(strength, resin contents, curing conditions, addition of silane and ages). The maximum stress and strain of recycled-PET polymer concrete was found to increase with an increase in resin content, however, it decreased beyond a particular level of resin content. A ascending and descending branch of stress-strain curve represented more sharply at high temperature curing more than normal temperature curing. Addition of silane increases compressive strength and postpeak ductility. In addition, results show that the proposed model accurately predicts the stress-strain relation of recycled-PET polymer concrete

The Positional Accuracy Quality Assessment of Digital Map Generalization (수치지도 일반화 위치정확도 품질평가)

  • 박경식;임인섭;최석근
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.19 no.2
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    • pp.173-181
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    • 2001
  • It is very important to assess spatial data quality of a digital map produced through digital map generalization. In this study, as a aspect of spatial data quality maintenance, we examined the tolerate range of theoretical expectation accuracy and established the quality assessment standard in spatial data for the transformed digital map data do not act contrary to the digital map specifications and the digital map accuracy of the relational scale. And, transforming large scale digital map to small scale, if we reduce complexity through processes as simplification, smoothing, refinement and so on., the spatial position change may be always happened. thus, because it is very difficult to analyse the spatial accuracy of the transformed position, we used the buffering as assessment method of spatial accuracy in digital map generalization procedure. Although the tolerated range of generic positioning error for l/l, 000 and l/5, 000 scale is determined based on related law, because the algorithms adapted to each processing elements have different property each other, if we don't determine the suitable parameter and tolerance, we will not satisfy the result after generalization procedure with tolerated range of positioning error. The results of this study test which is about the parameters of each algorithm based on tolerated range showed that the parameter of the simplification algorithm and the positional accuracy are 0.2617 m, 0.4617 m respectively.

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Deep Learning-based Technology Valuation and Variables Estimation (딥러닝 기반의 기술가치평가와 평가변수 추정)

  • Sung, Tae-Eung;Kim, Min-Seung;Lee, Chan-Ho;Choi, Ji-Hye;Jang, Yong-Ju;Lee, Jeong-Hee
    • The Journal of the Korea Contents Association
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    • v.21 no.10
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    • pp.48-58
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    • 2021
  • For securing technology and business competences of companies that is the engine of domestic industrial growth, government-supported policy programs for the creation of commercialization results in various forms such as 『Technology Transaction Market Vitalization』 and 『Technology Finance-based R&D Commercialization Support』 have been carried out since 2014. So far, various studies on technology valuation theories and evaluation variables have been formalized by experts from various fields, and have been utilized in the field of technology commercialization. However, Their practicality has been questioned due to the existing constraint that valuation results are assessed lower than the expectation in the evaluation sector. Even considering that the evaluation results may differ depending on factors such as the corporate situation and investment environment, it is necessary to establish a reference infrastructure to secure the objectivity and reliability of the technology valuation results. In this study, we investigate the evaluation infrastructure built by each institution and examine whether the latest artificial neural networks and deep learning technologies are applicable for performing predictive simulation of technology values based on principal variables, and predicting sales estimates and qualitative evaluation scores in order to embed onto the technology valuation system.