• Title/Summary/Keyword: 포괄적 접근법

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Outsider Trading Regulation under the Capital Markets Act (자본시장법상 외부자거래의 규제와 개선방안)

  • Chang, Kun-Young
    • Journal of Legislation Research
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    • no.41
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    • pp.367-399
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    • 2011
  • This Article examines the regulation of outsider trading under the Financial Investment Services and Capital Markets Act (the "Capital Markets Act"). Outsider trading occurs when a market participant who is not a traditional corporate insider trades securities based on either "inside" or "outside" nonpublic information. Unlike "inside" information, "outside" information is referred to as information not derived directly or indirectly from the issuer. "Outside" information includes both "corporate" and "market" information. "Corporate information" is information about events or circumstances which affect the company's assets or earning power. "Outside corporate information" is information about the company's assets or earning power not derived directly or indirectly from the issuer. "Market information" is information about events or circumstances which affect the market for a company's securities but which do not affect the company's assets or earning power. The Capital Markets Act prohibits both "temporary insiders" from using "corporate" information in trading securities and "outsiders" from using "market" information, such as (i) information regarding the initiation or discontinuance of a tender offer; or (ii) information regarding acquisition or disposition of stocks in bulk. However, the Act does not encompass circumstances (i) where an outsider trades securities based on confidential corporate information obtained through certain types of wrongful conduct; (ii) where an outsider trades securities based on corporate information obtained through eavesdropping; and (iii) where an outsider trades securities based on either outside corporate information or market information created by the outsider himself. In order to plug a few of the gaps left open in the law of outsider trading under the Capital Markets Act, this Article suggests that regulators adopt a relatively broad reading of the scope of ${\S}$ 178(1) of the Act, which is similar to SEC Rule 10b-5, to include outsiders with no relationship to the corporation that had issued the securities. Since ${\S}$ 178(1) of the Act does not require "deception" for liability, it would seem to evade the limitations imposed by the U.S. misappropriation theory. Key Words : Outsider Trading, Insider Trading, Material Nonpublic Information, the Capital Markets Act, Misappropriation Theory, Fiduciary Theory.

Factors Influencing on the Cognitive Function in Type 2 Diabetics (2형 당뇨병 환자의 인지 기능에 영향 미치는 인자)

  • Goh, Dong Hwan;Cheon, Jin Sook;Choi, Young Sik;Kim, Ho Chan;Oh, Byoung Hoon
    • Korean Journal of Psychosomatic Medicine
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    • v.26 no.1
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    • pp.59-67
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    • 2018
  • Objectives : The aims of this study were to know the frequency and the nature of cognitive dysfunction in type 2 diabetics, and to reveal influencing variables on it. Methods : From eighty type 2 diabetics (42 males and 38 females), demographic and clinical data were obtained by structured interviews. Cognitive functions were measured using the MMSE-K (Korean Version of the Mini-Mental State Examination) and the Korean Version of the Montreal Cognitive Assessment (MoCA-K) tests. Severity of depression was evaluated by the Korean Version of the Hamilton Depression Rating Scale (K-HDRS). Results : 1) Among eighty type 2 diabetics, 13.75% were below 24 on the MMSE-K, while 38.8% were below 22 on the MoCA-K. 2) The total scores and subtest scores of the MoCA-K including visuospatial/ executive, attention, language, delayed recall and orientation were significantly lower in type 2 diabetics with cognitive dysfunction (N=31) than those without cognitive dysfunction (N=49) (p<0.001, respectively). 3) There were significant difference between type 2 diabetics with and those without cognitive dysfunction in age, education, economic status, body mass index, duration of diabetes, total scores of the K-HDRS, the MMSE-K and the MoCA-K (p<0.05, respectively). 4) The total scores of the MoCA-K had significant correlation with age, education, body mass index, family history of diabetes, duration of diabetes, total scores of the K-HDRS (p<0.05, respectively). 5) The risks of cognitive dysfunction in type 2 diabetics were significantly influenced by sex, education, fasting plasma glucose and depression. Conclusions : The cognitive dysfunction in type 2 diabetics seemed to be related to multiple factors. Therefore, more comprehensive biopsychosocial approaches needed for diagnosis and management of type 2 diabetes.

Essay on the Community Archpe ('마을아르페'(Community Archpe) 시론 - 마을 차원의 "책, 기록, 역사 그리고 치유와 창업의 커뮤니티"를 위한 제안-)

  • Lee, Young-Nam
    • The Korean Journal of Archival Studies
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    • no.18
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    • pp.221-254
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    • 2008
  • Community Archpe is . Community Archpe is as close as a kind of a complex of culture space or community center which puts individuals and small community together with culture soil in a central position. For example Community Archpe can include community library, community archive, community historical center, community recovery center, community commencement of an enterprise center, etc. We need small library, archive and historian rather than big scale institution and professional system to take care of culture soil which belongs to an individual and community. Community Archpe is located in coordinates of two intention points. First intention is, a 'Heterogenous Smithy'. Heterogeneity deals with Community Archpe's life. Second intention is, a 'Feminine Smithy'. Community Archpe can be a recovery community when we are in the recovery context, which understand and support a person through archives and history. Then, what can Community Archpe do? First, it can be a new movement of the community. Second, it can also be a centripetal point of classic life. Community Archpe surly locates in the central of Community. Therefore, it will be a cultural literary soil and be a smithy of community history and culture. Thus Community Archpe will change a lot of things on people's life. Community Archpe will be a small happiness to ordinary people, even though it is not a state organ realizing large values.