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U.S. Admiralty Jurisdiction over aviation claims (항공사고에 관한 미국 해사법정관할)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.2
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    • pp.3-35
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    • 2016
  • The United States Constitution gives power to the federal district courts to hear admiralty cases. 28 U.S.C. §.133, which states that "The district courts shall have original jurisdiction, exclusive of the Courts of the States, of any civil case of admiralty or maritime jurisdiction." However, the determination of whether a case is about admiralty or maritime so that triggers admiralty jurisdiction was not a simple question. Through numerous legal precedents, the courts have drawn a line to clarify the boundary of admiralty cases. This unique jurisdiction is not determined by the mere involvement of a vessel in the case or even by the occurrence of an event on a waterway. As a general rule, a case is within admiralty jurisdiction if it arises from an accident on the navigable waters of the United States (locus test) and involves some aspect of maritime commerce (nexus test). With regarding to the maritime nexus requirement, the US Supreme Court case, Executive Jet Aviation, Inc. v. City of Cleveland, held that federal courts lacked admiralty jurisdiction over an aviation tort claim where a plane during a flight wholly within the US crashed in Lake Erie. Although maritime locus was present, the Court excluded admiralty jurisdiction because the incident was "only fortuitously and incidentally connected to navigable waters" and bore "no relationship to traditional maritime activity." However, this historical case left a milestone question: whether an aircraft disaster occurred on navigable water triggers the admiralty jurisdiction, only for the reason that it was for international transportation? This article is to explore the meaning of admiralty jurisdiction over aviation accidents at US courts. Given that the aircraft engaged in transportation of passenger and goods as the vessels did in the past, the aviation has been linked closely with the traditional maritime activities. From this view, this article reviews a decision delivered by the Seventh Circuit regarding the aviation accident occurred on July 6, 2013 at San Francisco International Airport.

A Study on the Recognition of Modern Cultural Heritage Value of Japanese-style Building Groups Using Q Methodology - Focusing on Huam-dong, Seoul - (Q 방법론을 이용한 일본식 건물군의 근대문화유산 가치에 관한 인식 연구 - 서울시 후암동을 중심으로 -)

  • Park, Han-Sol;Sung, Jong-Sang
    • Journal of the Korean Institute of Landscape Architecture
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    • v.47 no.6
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    • pp.115-128
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    • 2019
  • Huam-dong is a representative area from the Japanese colonial period and is the space where most Japanese-style buildings remain in Seoul. Interest in modern cultural heritage continues to increase, including the registration of cultural properties in 2001, building assets in 2015, and the registration of cultural property units in 2018. As the debate continues over the necessity of preserving cultural heritage that reminds us of the Japanese colonial, there is a need for research to grasp the perceptions of stakeholders along with the perceived value of such spaces. This study identified the subjective perception types of the stakeholders concerned with the Japanese-style building group in Huam-dong, analyzed characteristics by types, and debated the issues. For this purpose, Q methodology, which is a statistical technique for measuring human self-subjectivity and extracting common human perspectives, was used. A literature study on the values of Huam-dong and modern cultural heritage was conducted, and a Q questionnaire based on five aspects of modern cultural heritage values (historical, architectural, sociocultural, landscape, and economic) was applied. The results of the study depicted three types of cognition and showed different attitudes toward the Japanese building group. This study found a conflict comparing the perceptional differences between the types of cognition. This study is meaningful in that it provides an in-depth approach to the perspectives of the stakeholders concerned with the Japanese-style buildings clustered in central Seoul. It is also meant to present a theoretical framework that can be applied to the use area as sustainable cultural heritage through the establishment of preservation and utilization of Japanese-style areas and conflict resolution.

A Study on Ecological Variables that Affect Runaway Youths at Risk in Preparation for a Independent Life - Centering on Youths at Shelters (가출위기청소년의 자립생활 준비에 영향을 미치는 생태 체계적 변인연구 - 쉼터 청소년을 중심으로 -)

  • Oh, Soo-Saing;Byun, Sang-Hae
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.7 no.2
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    • pp.195-205
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    • 2012
  • This study examines runaway youths at risk in a youths' shelter who are preparing for an independent life and both the facilitating and adverse factors to personal characteristics and independence of runaway youths at risk with the aim to grasp their recognition of independence and level of desire for it and find out necessary factors for a successful independence in multidimensional perspectives including the economic independence, educational independence, psychological independence, and social independence for their sound growth. This will provide the basis for desirable interventions for youths runaway youths at risk to prepare for an independent life. The findings of this study on the factors that affect the preparation for an independent life are as follows: First, as a result of analyzing the effect of micro-systematic factors on the preparation for an independent life, it turned out that problem-solving abilities and self-efficacy had influence on the preparation for a career Second, as a result of analyzing the effect of mesoscopic-systematic variables on the preparation for an independent life, it turned out that the preparation for a career were affected by whether to participate in independence preparation programs and institutional supports, and that career maturity of runaway youths at risk were affected only by the relationship with teachers and participation in independence preparation programs. Third, as a result of analyzing the effect of macro systematic variables on the preparation for an independent life, it turned out that the preparation for a career were affected by participation of the local community and service network, and that participation of the local community was an predictor variable that would affect a career maturity of runaway youths at risk. Fourth, as a result of analyzing ecological systematic variables that might affect the preparation for a career, it turned out that intervening variables and macro systematic variables had the most powerful influence on the preparation for a career among runaway youths at risk. It is necessary, therefore, to provide education programs organized by policies in order to develop problem-solving abilities and vocational capabilities so that runaway youths at risk, and to train and appoint more professional teachers at shelters. Programs for independence preparation need to be developed actively and practically in consideration of the characteristics of shelters, and the network with the local community for support also need to be established in utilization of the human resources and service programs of the community. With the understanding of leaving home of runaway youths at risk as the previous stage of an independence, there should be a housing support for their stable settlement in the perspective of housing welfare until become adults. In addition, there should be education specialized programs for occupation and careers to train runaway youths at risk as professionals including such areas as health, mentality, learning, and voluntary work for their sound growth.

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A Study on the Measure to Maximize the Effects of Functional Games in Relation to the Changes in Visual and Auditory Stimulations (시각 및 청각 자극 변화에 따른 기능성 게임의 효능 극대화 방안 연구)

  • Shin, Jeong-Hoon
    • Journal of the Institute of Convergence Signal Processing
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    • v.14 no.3
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    • pp.147-153
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    • 2013
  • Functional game, which is the combination of play and learning and a futuristic tool, can minimize the dysfunction and maximize the proper functions, and furthermore, has taken root as a new alternative that can change the game industry and game culture. Recently, the focus of game and education markets is shifting to the development of more advanced learning contents, rather than emphasizing the self-control and motivation of users. Along with that, the game market has excluded the socially dysfunctional elements, such as the addiction and learning disabilities, and has witnessed a diversification into the human-friendly entertainment business that emphasizes the mental and physical health and pursues scientific educational effects. In addition, functional games are expanding its reach from the professional sectors - such as medical aide/medical learning, military simulation, health, auxiliary tools, special education and learning tools - to the realm of routine education, mental health, etc., and has seen a steady growth. However, most functional games, which are being currently planned and developed to cope with the special characteristics of the market, have not undergone accurate scientific assessment of their functions and have not proven their effectiveness. An overwhelming proportion of the functional games are being developed based on the intuition and experience of game developers. Moreover, the type of games, which involve the repetition of simple tasks or take the form of simple puzzles, cannot effectively combine the practically interesting factors and the learning effects. Most games incorporate unscientific methods leading to the vague anticipation of improvement in functions, rather than the assessment of human functions. In this paper, a study was conducted to present the measures that could maximize the effects of functional games in relation to the changes in the visual and auditory stimulations in order to maximize the effects of functional games, i,e., the immersion and concentration. To compare the degree of effects arising from the visual stimulation, the functional game contents made in the form of 2D and 3D were utilized. In addition. ultra sound and 3-dimensional functional game contents were utilized to compare the degree of effects resulting from the changes in the auditory stimulation. The brainwave of the users were measured while conducting the experiments related to the response to the changes in visual and auditory stimulations in 3 steps, and the results of the analysis were compared.

Types of Perception toward End-of-Life Medical Decision-making of Clinical Nurses: Q-Methodological Approach (말기환자의 의료적 의사결정에 관한 임상간호사의 인식: Q 방법론적 접근)

  • Jo, Kae-Hwa;Kim, Yeon-Ja;Sohn, Ki-Cheul
    • Journal of Hospice and Palliative Care
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    • v.15 no.1
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    • pp.18-29
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    • 2012
  • Purpose: We analyzed how clinical nurses in Korea perceive terminally ill patients' medical decision-making. Methods: The Q-methodology which analyzes the subjectivity of each item was used. We selected 34 Q-statements among those provided by each of 37 subjects and grouped them into a shape of normal distribution using a 9 point scale. The collected data were analyzed using a QUANL PC program. Results: Four types of perception toward medical decision-making were identified. Type I focuses on patient participation, and Type II emphasizes the role of health professionals. Type III is characterized by an open-minded culture toward death, and Type IV values the role of family members. Conclusion: The results of this study indicate the need for development of a multi-disciplinary curriculum medical decision-making and death for medical and nursing students.

A Moral Education Development of Security Martial Arts (경호무도 수련의 도덕교육 발전방안)

  • Oh, Se-Kwang;Park, Jun-Seok
    • Korean Security Journal
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    • no.23
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    • pp.65-86
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    • 2010
  • The conclusion for this paper is as following as to plan for advancing security. First, Depending on situation, security martial arts technique is necessary in security work, but the case that the client need to be covered by security guards to avoid the danger often happens. If there is no self-sacrifice and loyalty to the clients, the meaningful security work is not completed in this situation. Therefore, the basic views on education of security leaders need to be defensive than aggressive, and be spirit-equipped than technical feature. Second, more time has to be taken training mentality along with focusing on technical education of security martial arts. To escape from danger spreaded around, security guards must be strong mentally and physically, then they are able to finish the situation. If someone is chosen as a security guard, one's physical strength is already approved. This means that the rest part for the perfect accomplishment is strict discipline on mental one's mind, and basically physical training has to be continued. In conclusion, The elements that the instructor has to acquire are not only extensive theoretical knowledge of the security martial arts and real experiences through techniques but also personality cultivation which maximize the morality training. Accordingly, this could bring the client personally change in perception of the security guard, furthermore greatly expand the academic and professional security work of security department.

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A personalized TV service under Open network environment (개방형 환경에서의 개인 맞춤형 TV 서비스)

  • Lye, Ji-Hye;Pyo, Sin-Ji;Im, Jeong-Yeon;Kim, Mun-Churl;Lim, Sun-Hwan;Kim, Sang-Ki
    • Proceedings of the Korean Society of Broadcast Engineers Conference
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    • 2006.11a
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    • pp.279-282
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    • 2006
  • IP망을 이용한 IPTV 방송 서비스가 새로운 수익 모델로 인정받고 현재 국내의 KT, SKT 등이 IPTV 시범서비스를 준비하거나 진행 중에 있다 이 IPTV 서비스는 이전의 단방향 방송과는 달리 사용자와의 인터렉션을 중시하는 양방향 방송을 표방하기 때문에 지금까지의 방송과는 다른 혁신적인 방송서비스가 기대된다. 하지만 IPTV 서비스에 있어서 여러 통신사와 방송사가 참여할 수 있을 것으로 보여지는 것과는 달리 실상은 몇몇 거대 통신기업이 자신들의 망을 이용하는 가입자들을 상대로 한정된 사업을 벌이고 있다. 이는 IPTV 서비스를 위한 인프라가 구축되어 있지 않고 방통융합망의 개념을 만족시키기 위해 서비스 개발자가 알아야 할 프로토콜들이 너무나 많기 때문이다. 따라서 본 논문에서는 이러한 상황을 타개할 수 있는 수단을 Open API로 제안한다. 맞춤형 방송을 위한 시나리오를 TV-Anytime의 벤치마킹과 유저 시나리오를 참고하여 재구성하고 이 시나리오로부터 IPTV 방송 서비스를 위한 방통융합망의 기본적이고 강력한 기능들을 Open API 함수로 정의하였다. 여기에서의 방송 서비스는 NDR, EPG, 개인 맞춤형 광고 서비스를 말하며 각 서비스를 위한 서버는 통합망 위에 존재하고 이 서버들이 개방하는 API들은 다른 응용프로그램에 의해 사용되는 것이기 때문에 가장 기본적인 기능을 정의하게 된다. 또한, 제안한 Open API 함수를 이용하여 개인 맞춤형 방송 응용 서비스를 구현함으로써 서비스 검증을 하였다. Open API는 웹서비스를 통해 공개된 기능들로써 게이트웨이를 통해 다른 망에서 사용할 수 있게 된다. Open API 함수의 정의는 함수 이름, 기능, 입 출력 파라메터로 이루어져 있다. 사용자 맞춤 서비스를 위해 전달되는 사용자 상세 정보와 콘텐츠 상세 정보는 TV-Anytime 포럼에서 정의한 메타데이터 스키마를 이용하여 정의하였다.가능하게 한다. 제안된 방법은 프레임 간 모드 결정을 고속화함으로써 스케일러블 비디오 부호화기의 연산량과 복잡도를 최대 57%감소시킨다. 그러나 연산량 감소에 따른 비트율의 증가나 화질의 열화는 최대 1.74% 비트율 증가 및 0.08dB PSNR 감소로 무시할 정도로 작다., 반드시 이에 대한 검증이 필요함을 알 수 있었다. 현지관측에 비해 막대한 비용과 시간을 절약할 수 있는 위성영상해석방법을 이용한 방법은 해양수질파악이 가능할 것으로 판단되며, GIS를 이용하여 다양하고 복잡한 자료를 데이터베이스화함으로써 가시화하고, 이를 기초로 공간분석을 실시함으로써 환경요소별 공간분포에 대한 파악을 통해 수치모형실험을 이용한 각종 환경영향의 평가 및 예측을 위한 기초자료로 이용이 가능할 것으로 사료된다.염총량관리 기본계획 시 구축된 모형 매개변수를 바탕으로 분석을 수행하였다. 일차오차분석을 이용하여 수리매개변수와 수질매개변수의 수질항목별 상대적 기여도를 파악해 본 결과, 수리매개변수는 DO, BOD, 유기질소, 유기인 모든 항목에 일정 정도의 상대적 기여도를 가지고 있는 것을 알 수 있었다. 이로부터 수질 모형의 적용 시 수리 매개변수 또한 수질 매개변수의 추정 시와 같이 보다 세심한 주의를 기울여 추정할 필요가 있을 것으로 판단된다.변화와 기흉 발생과의 인과관계를 확인하고 좀 더 구체화하기 위한 연구가 필요할 것이다.게 이루어질 수 있을 것으로 기대된다.는 초과수익률이 상승하지만, 이후로는 감소하므로, 반전거래전략을 활용하는 경우 주식투자기간은 24개월이하의 중단기가 적합함을 발견하였다. 이상의 행태적 측면과 투자성과측면의 실증결과를 통하여 한국주식시장에 있어서 시장수익률을 평균적으로 초과할 수 있는 거래전략은 존재하므로 이러한 전략을 개발 및 활용할 수 있으며, 특히, 한국주식시장에 적합한 거래전략은 반전거래전략이고, 이 전략의 유용성은 투자자가 설정한 투자기간보다

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Characteristics of Patients Who Need Hypnotics on the Night before Elective Surgery (수면전일 수면제를 필요로 하는 환자들의 특성)

  • Lee, Soo-In;Yoon, Jin-Sang;Lee, Hyung-Young
    • Sleep Medicine and Psychophysiology
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    • v.4 no.2
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    • pp.172-180
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    • 1997
  • Objects : This study was carried out to investigate characteristics of patients who need hypnotics on the night before elective surgery as well as contributing variables for the necessity of hypnotics. Methods : After reviewing the clinical charts of patients who were scheduled to receive surgery by general anesthesia the following day, researchers had semi structural interviews with patients. In addition, Spielberger's State-Trait Anxiety Inventory(SSTAI), Beck Depression Inventory(BDI), Zung's Self-Rating Pain and Distress Scale(ZPDS), and Presleep and Postsleep Questionnaires were administered to patients. A total of 167 patients, who gave reliable information, were divided into two groups based on subjective judgement regarding the necessity for hypnotics on the night before surgery; 29 eligibles for hypnotics and 138 non-eligibles for hypnotics. Demographic and clinical characteristics of patients, some possible factors affecting sleep, psychological characteristics of patients and daytime status and nighttime sleep before surgery were compared between the two groups. In addition, discriminant function analysis was done to find the variables which would best discriminate among patients who differ in terms of necessity for hypnotics on the night before surgery. Results : There was no difference in demographic and clinical characteristics between the two groups; however, the satisfaction level with ward environment was significantly lower in the eligible group for hypnotics than the non-eligible group. Psychologically, the eligible group for hypnotics, compared to the non-eligible group, showed significantly more severe depression, pain, and distress; whereas anxiety level was not different between the two groups. For nighttime sleep before surgery, the eligible group for hypnotics, compared to the non-eligible group, expected poorer sleep before retiring and in fact, reported poorer sleep the following morning. In discriminant function analysis, 'expectation for sleep' and 'pain and distress' were the most potent contributors to discriminate the necessity of hypnotics. Conclusion : For the improvement of the patient's sleep on the night before elective surgery, giving hypnotics and/or analgesics should be determined by patient's opinion about the necessity of the drugs rather than by the therapist's own judgement or any other objective indices.

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The Aspects of "Children" in Saseolsijo and its Historical Implication in Korean Classical Poetry (사설시조에 나타난 '아이'의 양상과 그 시가사적 함의)

  • Park, Sang-Young
    • Sijohaknonchong
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    • v.42
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    • pp.151-185
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    • 2015
  • The purpose of this study is to reveal the aspects of "Children" in Saseolsijo and its historical implication in Korean Classical Poetry. What was discussed can be summarized as follows: There are two types of children in Saseolsijo, one is silent, and the other is speaking. The silent child characteristics are such as being called and addressed by the poetic narrator, customary audience, passive attitude, etc. The speaking child characteristics are speaking subject, active attitude as sign of modernity. These phenomenon simply expose the differences of aesthetic order. The silent children is mainly to be utilized as a device to maximize the lyricism of the text as an ideologically product by the inner request of the poetic narrator and show identification discourse. The speaking child, gives the dynamics in text by heterogeneous discourse and informs aesthetic distance between "the reader and the text" as well and show distance discourse. These fragments from Saseolsijo's children are also found in previous genres. In the case of Hyangga, 'children' speak for solving others' desire but are targeted by poetic narrator as well. In the case of Goryosokyo, 'children' show activity and efforts to break forced silence by the poetic narrator through voluntary speaking. In Sijo's case, unlike other genres, some literary works show contents about disciplining children and the growth of children. However mostly targeted children by the poetic narrator are predominantly appeared from the discourse perspective. These aspects of children in previous genres including some of works in Saseolsijo are mainly associated with the appearance of medieval children. Unlike these, the new aspects of Saseolsijo's children show the cross-section of the signs of transition contemporary, from medieval to modern. Even if there are few literary works in these, speaking children with activity reveals novelty over medieval-imposed 'child-ness' by showing 'self', 'individual desire' strongly. This novelty is far from infants of the modern concept as naive and innocent children but these children are noted in that they show a part of modernity through various voices in the text, the comic(laughter), multiple point views, etc.

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A Study on the Symptomatic-pharmacology(病證藥理) Sasang Constiution (사상인(四象人)의 체질병증약리(體質病證藥理)에 관한 고찰(考察))

  • Song, Il-byung
    • Journal of Sasang Constitutional Medicine
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    • v.10 no.2
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    • pp.1-14
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    • 1998
  • 1. Purpose : The correct constitutional diagnosis and the accurate prescription are very important in clinical application of Sasang Constitutional Medicine. Lee Je-ma emphasized that symptom is the best clue to diagnose constitution in "DongYi Suse Bowon". After research the characteristics of each constitution's symptoms and the backgrounds of constitutional prescriptions, this paper is to know the correct clinical application of Sasang Constitutional Medicine. 2. Method : Through the clinical applications of "DongYi Soose Bowon" and "Dongyi Sasang Sinpeun", the characteristics of constitutional symptoms and the application of prescription were researched 3. Results & Conclusions 1) The symptoms of Sasang Constitutional Medicine were came from the Hyung-Sang Medicine(形象醫學) which were important to mind-body equally and from the summarizing spirit of four Qi such as Warm-Hot-Cool-Cold(溫熱凉寒) 2) The symptoms of Soeumin and Soyangin are the Cold-Hot symptoms of ingestive food(水穀) and the treatment of symptoms is to control the ascent-descent of up and down. The symptoms of Taeumin and Taeyangin are the Warm-Cool symptoms of Qi-Yack(氣液) and the treatment of symptom is to control the unfasten-fasten of interior and exterior. 3) The symptoms of Taeyangin are 'Weak Lower part and Firm Upper part symptom'(下虛上實病證) and 'Blood and Yack Exhasted Symptom'(血液俱耗病證), the symptoms of Soeumin are 'Fall Down Symptom'(下陷病證) and Stomach Cold Symptom(胃寒病證), the symptoms of taeumin is 'Dryness Fever Symptom'(燥熱病證) and 'Interior Fever Symptom'(燥熱病證), the symptoms of Soyangin is 'Fire Fever Symptom'(火熱病證) and 'Interior Fever Symptom'(燥熱病證). 4) The characteristics of sasang constitutional symptoms are the exterior-interior symptoms classified with nature-emotion and cool-hot, the inclusive control of exterior-interior symptoms with healthy energy, and the classification of ingestive food symptoms and Qi-Yack symptoms. 5) The characteristics to treat symptoms are the classification of seriousness and obedience, the use herbs according to each constitutions, and inclusive symptoms control.

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