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Legal Interest in Damages Regarding Loss of Treatment Chance (치료기회상실로 인한 손해배상에 있어서 피침해법익)

  • Eom, Bokhyun
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.83-139
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    • 2019
  • Recognition of liability for damages due to medical malpractice has been developed largely on the basis of two paths. First is the case where there is an error in a physician's medical practice and this infringes upon the legal interests of life and body, and the compensation for monetary and non-monetary damages incurred from such infringement on life and body becomes an issue. Second is the case where there is a breach of a physician's duty of explanation that results in a infringement on the patient's right of autonomous decision, and the compensation for non-monetary damages incurred from such infringement becomes an issue. However, even if there is a medical error, since it is difficult to prove the causation between the medical error of a physician and the infringement upon legal interests, the physician's responsibility for damage compensation is denied in some cases. Consider, for example, a case where a patient is already in the final stage of cancer and has a very low possibility of a complete recovery even if proper treatment is received from the physician. Here, it is not appropriate to refuse recognition of any damage compensation based on the reason that the possibility of the patient dying is very high even in the absence of a medical error. This is so because, at minimum, non-monetary damage such as psychological suffering is incurred due to the physician's medical error. In such a case, our courts recognize on an exceptional basis consolation money compensation for losing the chance to receive proper treatment. However, since the theoretical system has not been established in minutiae, what comes under the benefit and protection of the law is not clearly explicated. The recent discourse on compensating for damages incurred by patients, even when the causation between the physician's medical error and infringement upon the legal interests of life and body is denied, by establishing a new legal interest is based on the "legal principle of loss of opportunity for treatment." On what should be the substance of the new legal interest, treatment possibility argument, expectation infringement argument, considerable degree of survival possibility infringement argument and loss of opportunity for treatment argument are being put forth. It is reasonable to see the substance of this protected legal interest as "the benefit of receiving treatment appropriate to the medical standard" according to the loss of opportunity for treatment argument. The above benefit to the patient is a value inherent to human dignity that should not be infringed upon or obstructed by anyone, and at the same time, it is a basic desire regarding life and a benefit worthy of protection by law. In this regard, "the benefit of receiving treatment appropriate to the medical standard" can be made concrete as one of the general personal rights related to psychological legal interest.

청년기 여성의 의류상표선택과 가정환경과의 관계 연구

  • 이은실;이명희
    • Proceedings of the Korea Society of Costume Conference
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    • 2001.04a
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    • pp.46-47
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    • 2001
  • 본 연구의 목적은 청년기 여성의 국내 및 외국 의 류상표선태과 가정의 가치지향성 및 물리적 가정환 경과의 관계를 조사하며. 상표선택에 따른 상표결정 동기의 차이를 파악하고 의복구매 후 만족도에 영향을 주는 특성을 조사하는 데 있다. 연구방법은 질문지법을 사용하였으며, 조사대상은 서울시내 여고생과 여자대학생 408명이었다(여고생 224명, 여대생 184명). 가정환경변인 측정도구는 정원식의 '가정환경진단검사'중에서 가정의 가치지향 성을 사용하였으며. 사회상승주의, 물질주의, 전통주 의에 관한 내용을 포함하였다. 상표선택은 최근에 구 입한 캐주얼웨어의 상표에 대한 내용과 구입희망 상 표를 조사하였으며, 상표결정동기는 5점 척도의 10 문항을 사용하였다. 가정의 물리적 환경은 부모의 학력, 사회계층, 주거공간을 조사하였으며, 인구통계적인 변인으로 학년, 연령, 용돈을 조사하였다. 조사기 간은 2000년 4월이었다. 본 연구의 결과는 다음과 같다. 첫째, 여고생 및 여대생이 구입한 의류상표는 국 내상표가 24.0%. 외국 상표가 37.5%. 상표명을 기억 하지 않는 상표무관심 집단이 38.5%였다. 구입희망 상표는 외국상표가 48.8%. 국내상표가 26.0%. 무관 심집단이 25.2%로서 구입한 상표보다 구입희망상표 의 경우 외국상표가 더 높은 비율을 나타냈다. 둘째, 가정의 가치지향성은 국내 및 외국의류상표 구입집단에 따라 유의한 차이가 없었다. 그러나 가정 의 가치지향성 중에서 사회상승주의는 구입희망 집 단에 따라 유의한 차이가 있어, 외국상표 구입희망 집단은 가정의 사회상승주의가 높았고, 상표무관심 집단은 사회상승주의가 낮았다. 따라서 사회적 지위 상승을 추구하는 가치관을 지닌 가정의 청소년들은 부모의 가치관에 영향을 받아 외국상표 의류를 희망 하여 의복을 통해 신분상승을 추구하려는 정도가 높은 것으로 해석된다. 셋째, 국내 및 외국 의류상표 구입집단운 부모의 학력, 가정의 사회계층 및 주거공간과 유의 한 관계가 있었다. 아버지와 어머니의 학력이 대졸 이상의 경우 는 외국상표를 더 많이 구입하였고, 부모띄 학력이 고졸인 청소년은 상표 무관심집단이 많았다. 또 상류 층은 외국상표 및 국내상표를 구매한 비율씨 비슷하 게 높았으나 하류층은 상표 무관심집단이 더 많은 편이었다. 구입회망상표와 사회계층 및 주거공간과 는 유의한 관계가 없었다. 따라서 청년기 여성은 가정의 사회계층과 관계없이 외국상표의 구입을 희망 하는 정도가 높다고 할 수 있다. 넷째, 외국상표 구입 집단은 국내상표 구입 집단 보다 상표를 미리 결정하는 경우가 더 많았고. 백화 점에서 구입하는 정도가 더 높았다. 또한 여대생은 의류상표선택과 용돈이 유의한 관계가 없었으나 여고생은 유의한 관계가 있었다. 다섯째. 외국상표 구입집단은 국내상표 구입집단 보다 주위 사람의 상표와 상표의 명성이 더 높은 구입동기로 작용하였으나. 품질, 유행, 할인가, 디자인, 가격, 착용감은 유의한 차이가 없었다. 여섯째, 상표결정동기 중 할인가 구매는 가정의 사회상승주의 및 물질지향주의와 유의한 정적 관계 가 있었고, 적절한 가격도 물질지향주의와 정적 관계 를 나타냈다. 가정의 전통주의는 의복의 디자인과 부 정적인 관계, 상점의 위치와는 정적관계가 있었다. 따라서 전통주의적인 가치관을 지닌 가정의 자녀는 편리한 상점의 위치가 상표결정동기로 작용하는 데 영향을 주는 특성임을 알 수 있다. 일곱째, 의복만족에 동시에 영향을 주는 요인은 디자인, 면안성, 타인의 착용( - ). 상표의 명성, 외국 상표선택, 의복품질로 나타났으며. 6개 변인을 통한 설명력은 24.4%였다. 즉 상표를 결정할 때 디자인, 편안성, 상표의 명성, 의복품질을 고려하며. 주위사람들이 착용한 상표를 고려하지 않을수록 만족도가 높았으며, 외국상표를 선택한 집단일수록 만족도가 높았다. 종합적으로 볼 때 가정의 사회상승주의가 높은 청년기 여성은 외국상표 구입을 희망하는 비율이 높고 부모의 사회경제적 지위가 높을수록 외국상표 구입 빈도가 높았으며. 외국상표를 구입한 여성은 의복구 매 후 만족도가 높았다. 또한 청소년들이 외국 의류 상표를 구매하는 데에는 상표의 명성과 타인의 옷차 림이 영향을 주었으나, 타인의 착용에 영향을 받는 정도가 높을수록 의복 구매 후 만족도는 낮아진다고 할 수 있다.

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A Study on Constituents of the New Apprenticeship Concept for the Promotion of Industrial Growth Potential (산업 성장잠재력 제고를 위한 신도제제도의 개념 요소에 대한 연구)

  • Yin, Zi Long;Rho, Tae Chun;Choi, Won Sik
    • 대한공업교육학회지
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    • v.38 no.1
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    • pp.1-27
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    • 2013
  • The purpose of this study was to find out the areas and their constitute elements of new apprenticeship through the expert of vocational education to improve the growth potential in the field of industry. Through the three times Delphi research process final composing areas and elements(total 6 areas and 41 sub-elements) of new apprenticeship were extracted. Followings are specific study results of 41 sub-elements for the 6 areas. In area A(Technology Skill aspect) total nine sub-elements were deducted as follows. Technology skill's field appling ability, new technology skill's acquisition, quality assurance ability, research development ability, material management using ability, problem solving ability, core technology skill understanding ability, idea's imagery expressing ability, creative design ability. In area B(Institutional aspect) total five sub-elements were deducted as follows. Flexible human material support, precise division of works, objective result assessment, institutionalization of responsibilities and liabilities between teacher and student, institutionalization of duty invention reward. In area C(Affective aspect) total eight sub-elements were deducted as follows. Manners and cooperation between teacher & student and peer, values for job, basic attitude for technology, job ethic sense, respect of other organization, active action to organization change, attitude of technology successor, service mind. In area D(Self-improvement aspect) total nine sub-elements were deducted as follows. Self evaluation and reflection, cultivate of organization understanding, career planning and developing ability, sound philosophy of life, communication ability, decision making ability, prepare of individual competence enhance system, self-control ability improvement, reaction of unexpected situation. In area E(Knowledge aspect) total four sub-elements were deducted as follows. Basic knowledge of relevant area, knowledge of new technology & preceding technology, fusion and relocation of knowledge, practical knowledge. In area F(Environmental aspect) total six sub-elements were deducted as follows. Awareness of business environment, understanding of education and practice environment, understanding of apprenticeship's business demand, connectivity of region community, adapt ability of labor market's change, awareness of society environment change.

A Study on the Education and Training system in Korean Animation Industry - Suggestions about Curriculum in a Department of Animation in Korean Universities from the Perspective of Arts and Cultural Management (한국 애니메이션 인력 양성 시스템에 대한 연구 - 대학 애니메이션 교육 과정에 대한 예술경영적 제언)

  • Kang, Yunju
    • Cartoon and Animation Studies
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    • s.34
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    • pp.317-344
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    • 2014
  • Perspectives on the basis of arts and cultural management, this study intends to suggest improvements in core curriculums that are required in order for South Korea, a country that has initiated into the animation industry through outsourcing from big-budget animation production countries such as America and Japan, to develop its own strong base in creative animation industry. The perspectives of arts management in this context means an integration nexus between human studies, social science and management, and suggestions are as follow: First, it is crucial to understand the current trend of animation industry structure across the globe, as well as to develop the ability of co-production. Animation industry often requires technical skills, capital strength and human resources, each having equal importance. Therefore, thorough analysis of the three components in worldwide animation industry must be preceded for animation production services. To do so, collaboration with major animation creation countries is the best option and is highly encouraged, so that the national animation curriculum shall be enhanced to meet such demands and hence develop various abilities. The second is a good understanding of new-media and new-platforms. Not only the traditional distributor of animation such as television and theater, the distribution system expands its scope to a variety of online sources including pod-casts and the Internet. Under these circumstances, a deep understanding towards animation distribution system and an analysis of the new consumer channel are also of paramount importance for animation production. Third, a possibility of animation supply chain through diversified routes and media have paved the way for a possible animation production services and distribution without a mega-budget. Thus, new curriculum shall need to reinforce marketing and management aspects that will in turn help individuals to establish a self-employed creative business. Last but not least, this study further includes illustration of current curriculum of animation studies in national universities, followed by detailed suggestions for the curriculum improvements based on the above mentioned three factors. It was observed that the current curriculums have been solely focused on practical works and technical skills of animation and art studies; a four-year-course colleges that provide animation courses usually lack components of human studies, social science and management. Thus, this study proposes essential contexts of management studies that are needed for individual business and also curriculum improvements that are derived from the analysis of the current industry and the new media.

A study of DISC Behaviour Patterns on the satisfaction difference of Comic-Animation Department students : Focusing on satisfaction in the major and satisfaction of the university life (DISC 행동유형에 따른 만화애니메이션학과 대학생들의 만족도 차이 연구 - 전공만족도와 대학생활만족도를 중심으로)

  • Kim, Shin
    • Cartoon and Animation Studies
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    • s.47
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    • pp.217-239
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    • 2017
  • The purpose of this research is to maximize the core competencies by objectively measuring the Behaviour Patterns of students in Comic-Animation major to understand the difference between individuals and to maximize one's merits which will improve the efficiency in education. Also through this research we could understand which aspects would be affected in both the satisfaction about the major based on Behaviour Patterns and the satisfaction of university life. According to the DISC Patterns, 41.7% of the students in Comic-Animation department shows that they were in Patterns I (Influence). And Patterns S (Steadiness) were 10% which was the lowest percentage in this survey. In the average of the subject's satisfaction aspect, the satisfaction of the professors' suggestion was 3.68 which was the highest. While the satisfaction of the administration service and welfare facility was 2.56 which was the lowest. The satisfaction rate based on DISC Behaviour Patterns shows a significant difference among the satisfaction of the department, the satisfaction of atmosphere in university and the satisfaction of the admin and welfare. Patterns I (Influence) was the highest the satisfaction in the major and the satisfaction of the university life while Patterns C(Criticalness) was the lowest. In particular, the importance of the I (Influence) is the most important factor, but it is essential that there is a slight decrease in the precision and accuracy of the work, and C(Criticalness) is shy and stressed, so they need to give positive communication and accurate advice. It is required to Comic-Animation department professor to analyse students' character based on Behaviour Patterns and a person's pros and cons for the career exploration and the employment consultation in order to have positive affect on employment rate. Also if the department's Behaviour Patterns construction were well utilized, it can improve the success rate of useful leadership and fellowship. it will improve the atmosphere in the department which will decrease the drop-out rate but increase the cohesion in the department which will lead to providing better result in the work and the project.

Salt-Related Dietary Behaviors and Sodium Intakes of University Students in Gyeonggi-do (경기지역 대학생의 소금 관련 식행동 및 나트륨 섭취량)

  • Chung, Eun-Jung;Shim, Eu-Gene
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.37 no.5
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    • pp.578-588
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    • 2008
  • The objective of this study was to evaluate associations of dietary sodium (Na) intake with salt-related dietary behaviors of 218 university students (95 men; 123 women) living in Gyeonggi area. Dish frequency questionnaire (DFQ) was used to identify salt-related dietary behaviors and to determine Na intakes. In men, systolic & diastolic blood pressures, Na intakes and DFQ-15 scores were significantly higher than in women. High-salt intake group (HS), classified by DFQ-15, had higher scores of high-salt dietary attitude and more Na intakes than low-salt intake group (LS). HS took protein foods and had balanced diets less frequently than LS (p<0.05). HS had fried dishes & fatty meats, and added salt to dishes more frequently (p<0.05). HS and LS had differences in preference of soy-boiled and Chinese or Japanese foods, in intake frequency of bean-paste soup, in use of soy sauce with fried food or raw fish, and in salt addition to dishes at the table (p<0.05). HS, classified by Na intakes, had high-salt dietary attitudes such as preference of seasoned rice & soy-boiled foods and habitual addition of soy sauce or salt to dishes at the table. The subjects using food labels when purchasing had better salt-related attitudes & behaviors, and lower DFQ-15 scores & Na intakes than the non-users (p<0.01). Self-assessed HS (SHS) had worse salt-related attitudes and behaviors (p<0.05). Male self-assessed LS (SLS) had higher Na intakes, which indicated that self-assessment of salt preference did not actually reflect Na intake. In summary, male university students belonged to a high-risk group of salt intakes, and HS preferred soy-boiled foods or fatty dishes, frequently added salt to dishes and rarely had balanced diets. These results suggest that nutrition education programs for university students should include fundamental dietetics and a balanced diet, in addition to a low-Na diet.

Knowledge and Attitude on the Restaurant-Related Sanitation of New Restaurateurs (신규 일반음식점 영업자의 위생관리 지식 및 태도)

  • Park, Ki-Hong;Sohn, Seok-Joon
    • Journal of agricultural medicine and community health
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    • v.31 no.1
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    • pp.21-34
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    • 2006
  • Objectives: The purpose of this study was to investigate the knowledge, attitude and practice toward sanitary administration of the new restaurateurs, to carry out the sanitary management of business for improvement of sanitary level, and to provide basic data which were necessary for sanitary education of the restaurateurs. Methods: The self-recording survey on the attitude and the knowledge toward the sanitation, the sanitary administration, and its education was conducted against new 393 restaurateurs by the administrative division of Gwangju city in charge of the food industry which put in the regular sanitary education annually for the new restaurateurs. Results: In regard to food sanitation, some 87.9% to 94.4% got the right knowledge about the reason and precaution of food poisoning, storage methods of frozen or cold food, and the disposal of product after expiration of validity term. But it was about 56.0% to 63.0% who knew right about the cause and the major precaution of food poisoning, storage temperature in the refrigerator. 30.6% of the subject placed an emphasis on personal sanitation of the workers as the most important thing in the sanitary management. 83.6% replied that it was necessary to improve the sanitary level. Concerning the health examination, 78.3% replied it was needed. 76.4% pointed the need for education, but respondents with higher educational level less emphasized its needs. It was most frequently pointed out by 71.6% restaurateur's poor awareness about it. 36.7% indicated the environmental sanitation like facilities in the restaurants as the first thing to be improved. The rate of personal sanitation was 43.7%. Conclusions: To improve the poor sanitary conditions of the food service business, it was recommended to offer institutional backing and financial aid from administrative office, to encourage restaurateurs to take pride in their job, and to conduct the sanitary education effectively by the technical education institution.

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Outdoor Landscape Design Proposal for a Resort using the Baekje Traditional Garden as a Theme (백제정원을 주제로 한 리조트 외부 공간 계획)

  • Kim, Yun-Geum;Kim, Hai-Gyoung;Kim, Young-Mo;Chin, Yang-Kyo
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.2
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    • pp.1-9
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    • 2011
  • This study concerns the Baekje Traditional Garden, one of the open spaces in the Lotte Resort in the Baekje Historical Reappearance Complex, which is part of the comprehensive plan for specific areas in the Baekje cultural area. The Baekje Traditional Garden has historic value, and its excellent garden style influenced the ancient Japanese gardens. This study dealt with three issues: (1) The context in which Lotte Buyeo Resort accepted the Baekje Traditional Garden, particularly the background and process of such; (2) The original form of the Baekje Traditional Garden; and (3) How the Baekje Traditional Garden should be represented in the open space of the resort. Representation is accomplished in two ways: using the structure of the original garden and in the borrowing of elements. For representation using the structure of the original garden, Imrugak was used as the main entrance space, and Wolsunjung was represented from the Ganbuklee remains. In the rear garden are wave watercourses and other garden facilities of the Wanggungri site in Iksan. Borrowing of elements, on the other hand, was accomplished in the plant plan and detailed development. In addition, mountaintops (three mountains and five mountain summits), a clean stream between mountains, and a pine forest are visualized in the garden. This is the representative landscape of the Taoist hermit world that appeared in the Baekje Gilt Bronze Incense Burner and Landscape pattern. The significance of this study is twofold. First, the Baekje Traditional Garden is a fresh trail because there has been no previous research concerning it. Second, while past research concerning traditional spaces focused on the results of representation, this study focused on the process of representation. This means that this research work tried to extend the study concerning the representation of traditional spaces from the conceptual to the practical approach. This study, however, also has its limitations. The authenticity of the representation suggested in this study may be questioned later because efforts have been made to preserve the original Baekje Traditional Garden. In addition, this study should seek a balance between authenticity on one hand and amusement and diversity of experience on the other, because the site is a resort.

Study of the ENC reduction for mobile platform (모바일 플랫폼을 위한 전자해도 소형화 연구)

  • 심우성;박재민;서상현
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2003.05a
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    • pp.181-186
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    • 2003
  • The satellite navigation system is widely used for identifying a user's position regardless of weather or geographic conditions and also make effect on new technology of marine LBS(Location Based Service), which has the technology of geographic information such as the ENC. Generally, there are conceivable systems of marine LBS such as ECDIS, or ECS that use the ENC itself with powerful processor in installed type on ships bridge. Since the ENC is relatively heavy structure with dummy format for data transfer between different systems, we should reduce the ENC to small and compact size in order to use it in mobile platform. In this paper, we assumed that the mobile system like PDA, or Webpad can be used for small capability of mobile platform. However, the ENC should be updated periodically by update profile data produced by HO. If we would reduce the ENC without a consideration of update, we could not get newly updated data furthermore. As summary, we studied considerations for ENC reduction with update capability. It will make the ENC be useful in many mobile platforms for various applications.

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A Resurrection of Gongampungbyeog Cliff and Geoyeonjeong Byeolseowonlim in Cheongdo (청도 공암풍벽과 거연정(Geoyeonjeong) 별서원림의 재조명)

  • Kim, Jeong-Moon;Jeong, Poo-Rum;Rho, Jae-Hyun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.38 no.3
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    • pp.11-24
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    • 2020
  • The purpose of this study was to re-examine the neglected and forgotten Cheongdo Geoyeonjeong, to correct the wrong contents, examine the changes and conditions of the garden, and to establish basic data on the components of the forest in the future. In addition, it was extended to the Gongampungbyeog Cliff, the influence area of the Geoyeonjeongwonlim, and the results of the study were as follows; First, Based on the recitation of "Seonyu pungryu(仙遊風流)" in the "Cheongsuheon-yugo(聽水軒遺稿),", Dongchangcheon Stream and Gongampungbyeog(孔巖楓壁) were influenced by the outer gardens of the Georyeonjeongwonrim. Second, Small pavilion was built and arranged under the rock of Byeongam(Byeongpungbawi) in the management history of Geoyeonjeong Pavilion. The records show that Cheongsuheon used the Geoyeonjeong Pavilion as the original forest and even recognized Oewon, which is a scenic influence, as the Gongampungbyeog Cliff. Third, Many of the poems related to Gongam were recognized as Seunggyeong, which represents the Unmun area, and the eight scenery of Cheongdo and Unmungugok were established here as proof that Gongampungbyeog Cliff was very faithful to the traditional Seunggyeong aspect of Gongampungbyeog Cliff, and the crystalline structure of the location was implied as an external source of Geoyeonjeongwonlim. Fourth, The lower part of Dongchangcheon Stream, which stretches from Geoyeonjeongwonrim to Gongam, is filled with attractions consisting of cancerous areas such as Punghodae, Moseongam, Buangdae, Gokcheondae, Saganjeong, Hakgadae, and Hyeongjeam, which provide a clearer picture of the space and landscape of the Geyeonjeongwonrim Outer Garden. Fifth, The expression "dragging water, spilling it into the courtyard, and sending it back to the downtown of the field" of the Cheongsuheon-yugo suggests that the site of Geoyeonjeong Pavilion was originally a prevention. It is also inferred that Cheng Shu-heon also wanted to respect runners and pursue natural views like runners. Sixth, The record of planting a description of spring water and willow trees in "Geoyeonjeong Manyeong(居然亭晩影)」" and "Sanggukseol(霜菊說)」" suggests that the chrysanthemum was planted and planted, and that the chrysanthemum was used to describe the Osanggojeol(傲霜孤節), which means that he would not yield and keep his incision alone despite severe frost. Seventh, It is believed that the writing was written by Cheongsuheon in 1844 during the period of the creation of the Wonrim. The rock letters on the floor of Geoyeonjeong suggest the names of the receiving and the winning prizes. Most of the passages are based on nuclear power plants, including Muidogyo of the Zhuzi, and most of them incorporate the virtues of the Gunja and the natural views of the Eunja. In addition, the rock writing 'Gyeong(敬)' or 'Uidang(義堂)' is a substitute for special worship objects or introspection, adding to the significance and scenic properties of the Georyeon Garden Forest.