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국제물품매매계약(CISG)의 운송유보권 하에서 운송인의 법적지위에 관한 연구 (A Study on the legal position of the carrier under the right of stoppage in transit of CISG)

  • 임재욱
    • 통상정보연구
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    • 제16권3호
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    • pp.159-182
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    • 2014
  • CISG 제71조 제2항은 매도인에게 부여된 권한으로 지급을 받지 못한 매도인은 운송 중에 있는 물품에 대하여 매수인에게 인도하지 못하도록 운송을 중지시킬 권한을 가지고 있으며, 운송증권이 이미 매수인에게 교부된 때에도 그러하다고 규정한 소위 운송유보권을 의미한다. 운송유보권 하에서 운송인은 물품에 대한 인도의 책임이 발생하게 되는데, 정당한 증권을 소지한 매수인 또는 선의의 소지인이 물품의 인도를 요구하는 경우, 만약 인도를 거부한다면 매수인으로부터의 손해배상책임을 피할 수 없고, 인도를 한다면 매도인으로부터 손해배상책임을 피할 수 없게 되므로 운송인의 법적지위가 취약하게 될 것이다. 본 논문은 운송유보권 하에서 운송인의 법적 지위의 취약함과 운송유보권의 취지에 맞는 운송인의 법적 행위 및 다양한 매매계약의 성격에 따른 운송유보권의 행사 가능성에 대하여 논하고자 하였다. 이와 관련 매도인이 운송유보권을 행사했음에도 불구하고 매수인이 물건을 수취한 경우, 매수인이 매도인에 대하여 손해배상의무를 진다고 해석, 사실상 매수인에게 물품이 인도되는 것을 방지하고 있다는 주장이 있으나, 이는 운송유보권의 취지에 비추어 볼 때 운송유보권의 발동을 무의미하게 하는 주장이므로 타당하지 않다. 운송유보권이 발동된 경우 매수인은 계약 이행에 관한 적절한 담보를 제공함으로써 운송유보권을 해제하여야 하며, 그렇지 못한 경우 운송인은 매수인에게 화물을 인도함으로써 추후 매수인에게 손해배상의무를 지도록 하는 면책행위를 행하지 못하도록 함이 타당하다고 판단된다. 또한 운송유보권은 물품매매계약의 지급결제방식과 운송방식 및 선화증권의 형태 등에 따라 그 행사유무가 각각 달라질 수 있을 것이다. 신용장 방식의 경우 운송유보권의 행사는 불필요하며, 신용장 이외의 모든 결제방식에서 운송유보권의 행사가 가능할 것이다. 운송방식과 관련하여 대부분의 경우 운송유보권의 행사가 가능하나, 만일 매수인 자신이 선주인 경우나 운송인이 매수인의 대리인인 경우라면 운송유보권은 행사가 힘들다고 판단된다. 또한 운송증권의 형태와 상관없이 운송인이 화물을 매수인에게 인도하기 전이라면 운송유보권의 행사가 가능할 것으로 판단된다.

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죽음의 태도에 관한 조사연구 -임종환자의 간호를 위하여- (A Study On The Attitudes Toward Death -For Nursing Care of The Terminally Ill-)

  • 유계주
    • 대한간호학회지
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    • 제4권1호
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    • pp.162-178
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    • 1974
  • The present study is purported to provide a basic information to be utilized by nurses to care and attend effectively for patients nearing the moment of death. Therefore, the primary purpose of the study has been placed upon grasping an understanding of the trends of death in general. For this purpose: 1. By utilizing the schneidman questionnaire, the trend of death has been categorized by 6 parts and analyzed. 2. A search has been conducted to find out dying patient's needs, nurse's attitudes viewed by the patient, and nurse attitudes to dying patient. The followings are itemized results of analysis: 1. Analysis by the schneidman questionnaire. (1) In general concepts of death. the first sighting of the occurrence of death was experienced upon strangers, grandfather and great grandfather. The death is openly discussed among people of all ages and sex. Ages in which the death is mostly feared were from 12 to well over 70 yews old that are evenly distributed regardless of difference in age. (2) As to the attitudes toward death the occurrence of death to most closely associated person influenced most upon the attitude of their own termination of lives. Among the reading materials, the maximum influence was effected by the Bible. In terms of religion, the thoughts of death were Influenced by religions education in case of the believers of the western religions (36%), and by their own health and physical conditions in case of the believers in the oriental religions (35%). In case of non-believer, their attitude toward death were largely determined through their own thinking meditation (45%). People aged 20 or thereunder revealed that they wished to know the day of their own death to be occurred (58%). However, the older the less thor wanted to know. (3) As to the choosing the time of death, 57% preferred senility, and 30% preferred the time in mediately following the prime period of their lives in general. In terms of religion, 85% of the believer in the oriental religion preferred senility, and 67% in the western religion, 58% in others, Therefore. the desiring of their lives to be terminated in earlier stage, not by the natural senility. sequenced as follows : Others, western religions and oriental religions. (4) Referring to the disposal of the corpse under the assumption that it had already occurred, majority desired the burial system. There has been seen a slight tendency to consider the importance of holding funeral services for the sake of survivors. Concerning the life insurance policy, it showed that the nurse had less belief in it than the patient (5) Upon the subject of life-after-death. religion wise, 72% of western religion believers preferred to have an existence of life-after-death: Among the believers of oriental regions, 35% desired this category, 30% did not mind either way. and 35% did not desire the existence of such a life-after-death. In others, 53% did not mind whether or not such a life existed. (6) In general, serious thoughts were not being attended to the commitment of suicide. 37% emphasized that such an act should be prevented. However, 30% insisted that such commitment should not be bothered, and that society possesses no right to prevented it. More male wished to commit suicide (13%) than females (9%). 2. Nurse's attitudes toward terminal patients and patient's needs. In the instance where the patient realized that their death is imminent, most of them showed desire to discuses mainly on the problems of life. When faced a situation of this nature, it is revealed that 40% of nurses could not furnish appropriate care for them.

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간호생산성에 관한 연구: 관련변수의 검증을 중심으로 (A Study of variables Related to Nursing Productivity)

  • 박광옥
    • 대한간호학회지
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    • 제24권4호
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    • pp.584-596
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    • 1994
  • The objective of the study is to explore the relationships between the variables of nursing productivity on the framework of system del in the tertiary university based care hospital in Korea. Productivity is basically defined as the relation-ship between inputs and outputs. Under the proposition that the nursing unit is a system that produces nursing care output using personal and material resources through the nursing intervention and nursing care management. And this major conception of nursing productivity system comproises input, process and output and feed-back. These categorized variables are essential parts to produce desirable and meaningful out-put. While nursing personnel from head nurse to staff nurses cooperate with each other, the head nurse directs her subordinates to achieve the goal of nursing care unit. In this procedure, the head nurse uses the leadership of authority and benevolence. Meantime nursing productivity will be greatly influenced by environment and surrounding organizational structures, and by also the operational objectives, the policy and standards of procedures. For the study of nursing productivity one sample hospital with 15 general nursing care units was selected. Research data were collected for 3 weeks from May 31 to June 20 in 1993. Input variables were measured in terms of both the served and the server. And patient classification scores were measured drily by degree of nursing care needs that indicated patent case-mix. And also nurses' educational period for profession and clinical experience and the score of nurses' personality were measured as producer input variables by the questionnaires. The process varialbes act necessarily on leading input resources and result in desirable nursing outputs. Thus the head nurse's leadership perceived by her followers is defined as process variable. The output variables were defined as length of stay, average nursing care hours per patient a day the score of quality of nursing care, the score of patient satisfaction, the score of nurse's job satis-faction. The nursing unit was the basis of analysis, and various statistical analyses were used : Reliability analysis(Cronbach's alpha) for 5 measurement tools and Pearson-correlation analysis, multiple regression analysis, and canonical correlation analysis for the test of the relationship among the variables. The results were as follows : 1. Significant positive relationship between the score of patient classification and length of stay was found(r=.6095, p.008). 2. Regression coefficient between the score of patient classification and length of stay was significant (β=.6245, p=.0128), and variance explained was 39%. 3. Significant positive relationship between nurses’ educational period and length of stay was found(r=-.4546, p=.044). 5. Regression coefficient between nurses' educational period and the score of quality of nursing care was significant (β=.5600, p=.029), and variance explained was 31.4%. 6. Significant positive relationship between the score of head nurse's leadership of authoritic characteristics and the length of stay was found (r=.5869, p=.011). 7. Significant negative relationship between the score of head nurse's leadership of benevolent characteristics and average nursing care hours was found(r=-.4578, p=.043). 8. Regression coefficient between the score of head nurse's leadership of benevolent characteristics and average nursing care hours was significant(β=-.6912, p=.0043), variance explained was 47.8%. 9. Significant positive relationship between the score of the head nurse's leadership of benevolent characteristics and the score of nurses' job satis-faction was found(r=.4499, p=050). 10. A significant canonical correlation was found between the group of the independent variables consisted of the score of the nurses' personality, the score of the head nurse's leadership of authoritic characteristics and the group of the dependent variables consisted of the length of stay, average nursing care hours(Rc²=.4771, p=.041). Through these results, the assumed relationships between input variables, process variable, output variables were partly supported. In addition it is also considered necessary that-further study on the relationships between nurses' personality and nurses' educational period, between nurses' clinical experience including skill level and output variables in many research samples should be made.

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간호교육 철학정립 및 교육과정 개발을 위한 기초조사 (A Preliminary Study on Setting Philosophy and Curriculum Development in Nursing Education)

  • 정연강;김윤회;양광희;한경자;한상임
    • 대한간호학회지
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    • 제18권2호
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    • pp.162-188
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    • 1988
  • The purpose of this study is to guide the direction of the Korean nursing education to analysize ⑴ the philosophy and objectives ⑵ curriculum, and ⑶ educational environment. This analysis is based on the data from 50 nursing schools (14 4-year colleges and 35 3-year colleges) The survey was conducted from Dec. 1986 through Jan. 1987 by mail. 1) Educational philosophy and objectives 10 4-year colleges and 8 3-year college program have curricular philosoph. Most popular curricular philosophies are human beings, health, nursing, nursology, nursing education, nurses role in the present and in the future. 10 nursing schools mentioned that human being is the subject to interact with : environment physically, mentally and socially. 2 schools mentioned that health is the state of functioning well physically, mentally and socially. 13 schools mentioned that the nursing is the dynamic act to maintain and to promote the highest possible level of health. 4 schools mentioned that the nursology is an applied science. 4 schools mentioned that nursing education is the process to induce the behavioural changes based on the individual ability. There is different opinion about the nurses' role between 4-year college and 3-year college. In the responses from 4-year colleges they focus on the leadership in effective changes, self-regulating and self-determining responsibilities, applying the new technology, continuing education, and participation in research to further nursing knowledge. In the responses from 3-year colleges, they focus on the education in college, primary health care nursing, direct care provider and public health education. Among 50 respondents 40 schools have educational goals which can be divided into two categories. One is to establish the moral and the other is to develop the professionalism. 2) Curriculm The analsis of curriculum is only based on the data from the 4-year colleges because the most of 3-year colleges follow the curriculum guideline set by the Ministry of Education. a) Comparison of the credits in cultural subject and in nursing major. The average required credit for graduation is 154.6 and the median credit is the range of 140-149. The average credit of cultural subjects is 43.4. In detail, the average number of credit of required course and elective courses are 24.1 and 19.3 respectively. The average credit for major subject is 111.2. In detail, the average credit for required courses and electives course are 100.9 and 10.4 respectively. In 5 colleges, students are offered even on elective course b) Comparison of the credit by class. The average earned credits are as follows : 41.1 in freshman, 400 in sophormore 38.3 in junior and 32.4 in senior. Cultural subjects are studied in early phases. c) Comparison of the compulsory and elective cultural subject by institute. The range of credit is 7-43 in compulsory cultural subjects and there are lot of differences among institutions. While all respondents require liberal arts as compulsary subjects, few respondents lists social science, natural science and behavioral science as required subjects. Social science-related subjects are frequently chosen as cultural subjects d) Distribution of creditsin cultural subjects by institute. The liberal art subjects are taught in 20 institute. English and physical education courses are taught in all instituions. The social science subjects are taught in 15 colleges and the basic Psycology and the Basic sociology are the most popular subjects. The natural science subjects are taught in 7 colleges and Biology and Chemistry are the most popular subjects among them. e) Distribution of credits in major basic courses by institute. Most of the institutes select Anatomy, Microbiology, Physiology, biochemistry and Pathology as basic major courses. f) Comparison of the required and elective courses for nursing major by institutions. Subjects and credit ranges in major are varing by institute. More than half of the respondents select the following subjects as required major subjects. (1) Adults Health Nursing and Practice (19.5 credits) (2) Mother and Child Care and Practice (8.9 credits) (3) Community Health Care and Practice (8.5 credits) (4) Psychiatric Nursing Care and Practice (8.1 credits) (5) Nursing Management and Practice (3.9 credits) (6) Fundamental of Nursing, Nursing Research and Health Assessment and Practice. Three institutions select Introduction to nursing, Rehabilitation Nursing, School Nursing, Public Health Nursing, Nursing English, Communication, Human Development as electives in nursing major. 3) Educational environment a) Nursing institution There are forty-three 3-year colleges and seventeen 4-year colleges and 81.4% of which are private b) Number of students and faculty 19.2% of the students are in 4-year colleges and 80.8% of the students are in 3-year colleges. In 4-year colleges, the number of nursing faculty members is in the other of assistant professor, instructor and professor. In 3-year colleges, the orderiis lecturer, associate professor, full time instructor and assistant professor. In 4-year colleges, 18.8 students are allocated per nursing faculty and in 3-year colleges, 33.1 students are allocated per nursing faculty. c) Clinical practices 66.7% of the 4-year colleges practice over 1201 hours in clinic and 28.5% of 3-year colleges practice over 1201 hours in clinic. In 4-year colleges, 11.5 students are allocated per nursing faculty and in 3-year colleges,17 students are allocated per nursing faculty The survey shows no difference in the procedure between 4-year colleges and 3-year colleges but 3-year colleges choose the more variety practicing site such as special hospital and community health clinic. d) Audiovisual facilities The survey shows a lot of difference in audiovisual facilities among institution and 3-year colleges are less equipped than 4-year colleges.

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카페인과 칼슘이 골모 세포의 활성에 미치는 영향 (Effects of Caffeine and calcium on the activities of the mouse osteoblastic cells)

  • 전윤식;백혜정
    • 대한치과교정학회지
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    • 제32권2호통권91호
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    • pp.129-142
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    • 2002
  • 사회적, 경제적 여건의 향상으로 성인들의 교정치료에 대한 관심이 커지고 있지만 폐경기 여성에 있어서 골다공증의 증가는 교정치료에 제한이 되며, 골다공증과 카페인과의 관련 여부는 최근까지 논란이 되고 있다. 따라서 본 연구의 목적은 생후 1일된 마우스의 골모세포를 in Vitro상에서 카페인과 칼슘 및 이 둘을 혼합 처리하여 골모세포의 활성에 미치는 영향에 대해 알아보고자 하였다. 실험에 사용한 골모세포는 마우스의 두개관에서 얻었으며, 카페인 단독 처리, 칼슘 단독 처리, 카페인과 칼슘의 혼합처리를 시행하였다. 카페인 처리를 한 경우 1일, 2일, 4일째 세포 독성 정도를 570 nm ELISA로 분석을 시행하였고, 카페인, 칼슘 및 혼합 처리시 배양 후 28일째 Von Kossa staining 후 영상분석기에 의해 광화된 골결절의 밀도를 측정하였으며, 염기성 인산분해효소 활성도 변화를 배양 후 2일, 7일, 14일, 21일, 28일째 405 nm spectrophotometer로 측정하였고, IL-1 ${\beta}$의 활성도를 48시간 후 492 nm ELISA로 분석을 시행하였다. 얻어진 수치들은 ANOVA test로 통계 분석하였다. 1. 카페인에 대한 세포 독성은 카페인의 농도가 1.0 mM, 2.0 mM로 증가함에 따라, 2일, 4일로 배양 기간이 길어짐에 따라 유의하게 증가하였고, 세포수는 감소하였다. 2. 광화된 골결절의 밀도는 카페인을 단독 처리한 경 우 0.2 mM에서, 칼슘 단독 처리시에는 1.2 mM에서, 혼합 처리한 경우 0.1 mM 카페인과 1.8 mM 칼슘에서 가장 크게 나타났다. 3. 염기성 인산분해효소 활성도는 비처리시 칼슘과 같이 14일째 최대값을 보이는 반면, 카페인을 단독 처리한 경우 농도가 증가함에 따라 활성도가 증가하였다. 카페인과 칼슘 혼합 처리시에는 칼슘 농도가 1.2 mM, 1.8 mM인 경우 배양 14일에 염기성 인산분해효소의 활성도가 유의하게 증가하였으나, 2.5 mM인 경우 활성도가 감소하였다. 4. II-1 ${\beta}$의 활성도는 카페인을 단독 처리한 경우 0.2 mM, 1.0 mM에서, 칼슘 단독 처리시에는 1.8 mM에서, 혼합 처리시 0.1 mM 카페인과 1.8 mM 칼슘 혼합 처리한 경우 높게 나타났고, 고농도의 카페인, 칼슘 혼합 처리 시에는 낮게 나타났다 이러한 실험 결과를 통하여 칼슘이 1.2 mM, 1.8 mM 농도로 존재하는 경우 카페인에 의한 골모세포의 염기성 인산분해효소 활성과 IL-1 ${\beta}$의 활성 억제 효과가 어느 정도 회복되나, 2.5 mM 고농도의 칼슘은 억제된 활성을 회복시키지 못함을 확인하였다.

한국에서의 외국중재판정의 승인과 집행 (Recognition and Enforcement of Foreign Arbitral Awards in Korea)

  • 김상호
    • 한국중재학회지:중재연구
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    • 제17권3호
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    • pp.3-30
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    • 2007
  • The New York Convention(formally called "United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards") done in New York on June 10, 1958 has been adhered to by more than 140 States at the time of this writing, including almost all important trading nations from the Capitalist and Socialist World as well as many developing countries. The Convention can be considered as the most important Convention in the field of arbitration and as the cornerstone of current international commercial arbitration. Korea has acceded to the New York Convention since 1973. When acceding to the Convention, Korea declared that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State on the basis of reciprocity. Also, Korea declared that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Korea. The provisions relating to the enforcement of arbitral awards falling under the New York Convention begin at Article III. The Article III contains the general obligation for the Contracting States to recognize Convention awards as binding and to enforce them in accordance with their rules of procedure. The Convention requires a minimum of conditions to be fulfilled by the party seeking enforcement. According to Article IV(1), that party has only to supply (1) the duly authenticated original award or a duly certified copy thereof, and (2) the original arbitration agreement or a duly certified copy thereof. In fulfilling these conditions, the party seeking enforcement produces prima facie evidence entitling it to obtain enforcement of the award. It is then up to the other party to prove that enforcement should not be granted on the basis of the grounds for refusal of enforcement enumerated in the subsequent Article V(1). Grounds for refusal of enforcement are stipulated in Article V is divided into two parts. Firstly, listed in the first Para. of Article V are the grounds for refusal of enforcement which are to be asserted and proven by the respondent. Secondly, listed in Para. 2 of Article V, are the grounds on which a court may refuse enforcement on its own motion. These grounds are non-arbitrability of the subject matter and violation of the public policy of the enforcement country. The three main features of the grounds for refusal of enforcement of an award under Article V, which are almost unanimously affirmed by the courts, are the following. Firstly, The grounds for refusal of enforcement mentioned in Article V are exhaustive. No other grounds can be invoked. Secondly, and this feature follows from the first one, the court before which enforcement of the award is sought may not review the merits of the award because a mistake in fact or law by the arbitrators is not included in the list of grounds for refusal of enforcement set forth in Article V. Thirdly, the party against whom enforcement is sought has the burden of proving the existence of one or more of the grounds for refusal of enforcement. The grounds for refusal of enforcement by a court on its own motion, listed in the second Para. of Article V, are non-arbitrability of the subject matter and public policy of the enforcement country. From the court decisions reported so far at home and abroad, it appears that courts accept a violation of public policy in extreme cases only, and frequently justify their decision by distinguishing between domestic and international public policy. The Dec. 31, 1999 amendment to the Arbitration Act of Korea admits the basis for enforcement of foreign arbitral awards rendered under the New York Convention. In Korea, a holder of a foreign arbitral award is obliged to request from the court a judgment ordering enforcement of the award.

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청소년대상 인쇄매체 성교육자료분석 (A Study on the Analysis of Sexual Health Education for Korean Adolescents)

  • 양순옥;임미림
    • 한국보건간호학회지
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    • 제12권2호
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    • pp.27-47
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    • 1998
  • The Purpose of this study is to offer basic data when the new printed media for sex education are developed, by grasping the problem through analyzing the data of the printed media for sex education that are produced by the government and composed of relatively inclusive contents. The subjects of analyzed data were 10 printed media books connected with sex education. This study focused on analysis for the printed media. therefore the method of analysis used effectively for the study of the mass media was used. The SAS program was used for analyzing the frequency of data and processing with percentage. The result of this study is as follows. 1. The subject of sex education that the printed media intend for was classfied the data for students and for teachers and the general. 2. According to the result of analyzing the writers of the printed media for sex education, classified by occupation, research workers accounted for $30.2\%$ as 23 persons, and the rest were distributed as 19 professors $(25\%)$, 13 teachers $(17.2\%)$, 10 workers in related institutions of various kinds $(13.1\%)$, 6 doctors $(10.6\%)$ and 3 writers $(3.9\%)$. Examing the organization of writers of the printed media for sex education for students, it was composed of sequence as research workers $30.5\%$. workers in related institutions of various kinds $19.6\%$, teachers $19.5\%$, professors $13\%$, doctors $10.8\%$ and writers $6.5\%$. And that of writers of the printed media for sex education for teachers and the general was shown as professors $43.2\%$ (13 persons), research workers $30.1\%$ (9 persons), teachers $13.2\%$ (4 persons) and doctors $10.2\%$ (3 persons). 3. Seeing the result of analyzing for the printed media, classified by themes, it was shown as 314.1 pages $(28.5\%)$ in a field of development of men, 195.9 pages $(17.6\%)$ in a field of sex-health, 141.7 pages $(12.9\%)$ in a field of relationship. 74.1 pages $(6.7\%)$ in a field of a sex act. 51.7 pages $(4.6\%)$ in a field of a personnal technology and 313.4 pages $(28.4\%)$ in the others. As are suit of the analysis classified by themes about the printed media for sex education for students, it was distributed as the content about sexual abuse $12.3\%$ (60.2 pages), the anatomical physiology of reproduction $12.1\%$ (59.3 pages). a friendship $8.5\%$ (41.6 pages). the reproduction $7.2\%$ (35.5 pages). a sexual disease $6.8\%$ (33.2 pages) and the puberty $4.3\%$ (20.9 pages). Examing the result of the analysis about contents classified by themes of the printed media for sex education for teachers and the general. it was indicated as 67.1 pages $(10.9\%)$ on the 'puberty', 37.9 pages $(6.2\%)$ on the anatomical physiology of reproduction, 36.6 pages ($6.0\%$ on a sexual disease, 23.2 pages $(3.8\%)$ on dating, 21.7 pages $(3.5\%)$ on a human sexual reaction. 21.0 pages $(3.4\%)$ on a sexual role. 20.1 pages $(3.3\%)$ of the reproduction. The suggestion according to the upper result is as follows. 1. It is needed to expand the range of analysis into the data. besides the printed media. into the data for sex education using such media as a video. a slide, a CD-ROM, on internet, etc. 2. It is necessary to develop the ideal program for sex education of teenagers and analyze the effect. on the basis of analyzing data about data sex education. 3. It is needed that practice workers for nursing or teachers for nursing as well as workers in educational field or medical experts participate in producing data for sex education.

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위험물 운송을 위한 조기경보시스뎀 성능평가 (Performance Evaluation of Advance Warning System for Transporting Hazardous Materials)

  • 오세창;조용성
    • 한국ITS학회 논문지
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    • 제4권1호
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    • pp.15-29
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    • 2005
  • 국가응급대응정보시스템(NERIS)개발의 일부인 수송안전정보부분은 최적수송경로제공시스템과 수송사고 조기 경보시스템으로 구분된다. 본 연구는 조기경보시스템을 구축하기 위한 것으로 유해화학물질을 수송하는 차량에 대하여 수송시 차량의 위치 및 위험출의 상태를 실시간으로 모니터링 함으로써 수송시 발생할 수 있는 유고에 따른 피해(화재, 폭발, 가스 유출 등)를 사전에 방지하거니- 조기 감지하는 것을 목적으로 한다. 본 인구는 CPS와 CDMA, GIS 기술을 통해 위험물 차량의 통행이 허용되어 있는 노선을 택하고 있는지 모니터링 할 뿐만 아니라 위험물 차량의 사고발생시점과 위치를 신속히 파악하여 긴급 대응할 수 있는 시스템을 개발하고 수행능력을 평가하여 실제 저용 가능성을 확인하고자 수행되었다 평가결과, 각 실험구간에서의 통신 정확도는 고속도로 구간 99$\%$, 일반국도 구간 96$\%$, 고지대 구간 97$\%$, 일반지대 구간 99$\%$, 지방부 구간 96$\%$, 도심부 구간 99$\%$, 터널구간 98$\%$로 나타나 개발된 시스템은 현실에 적용해도 문제가 없을 만큼 릎은 통신성공률을 기록하였다. 다만, 단점으로 나타난 것은 무건 통신망을 이용하는 PDA를 차량용 단말기로 채택하여 개발함에 따라 전용 안테나가 적은 지방부나 통신 음영지역에서는 차량용 단말기와 운영서버와의 통신에 문제가 나타난다는 한계가 있다 따라서, 향후 본 시스템의 상용화를 위해서는 지방부나 터널 등 통신음영지역에 단점으로 나타난 무선 통신의 한계를 극복 할 수 있도록 CDMA, DSRC, 무선데이터 등 다양한 통신기술의 복합적 활용 방안과 위험물 운송차량의 모니터링 목적에 맞는 전용 단말기 개발이 필요할 것이다. 또한, 현재 특별한 유해물질 관리체계 및 규약이 존재하지 않은 우리나라에서는 본 시스템을 통해 위험물 수송을 위한 지침으로의 활용방안에 관한 연구가 필요하다. 아울러, 개발된 시스템을 이용하여 위험뭍 차량관리 이외에도 특정 폐기물의 무단 방치 및 폐기 등의 불법적인 행위에 대한 자동단속이 가능하도록 서비스 분야의 전략적 확대 등 정책적 측면에서의 연구도 병행되어야 할 것으로 판단된다.

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상업우주사업(商業宇宙事業) 참가기업(參加企業)의 책임(責任)과 우주보험(宇宙保險) (The Liability of Participants in Commercial Space Ventures and Space Insurance)

  • 이강빈
    • 항공우주정책ㆍ법학회지
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    • 제5권
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    • pp.101-118
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    • 1993
  • Generally there is no law and liability system which applies particulary to commercial space ventures. There are several international treaties and national statutes which deal with space ventures, but their impact on the liability of commercial space ventures has not been significant. Every state law in the United States will impose both tort and contract liability on those responsible for injuries or losses caused by defective products or by services performed negligently. As with the providers of other products and services, those who participate in commercial space ventures have exposure to liability in both tort and contract which is limited to the extent of the resulting damage The manufacturer of a small and cheap component which caused a satellite to fail to reach orbit or to operate nominally has the same exposure to liability as the provider of launch vehicle or the manufacturer of satellite into which the component was incorporaded. Considering the enormity of losses which may result from launch failure or satellite failure, those participated in commercial space ventures will do their best to limit their exposure to liability by contract to the extent permitted by law. In most states of the United States, contracts which limit or disclaim the liability are enforceable with respect to claims for losses or damage to property if they are drafted in compliance with the requirements of the applicable law. In California an attempt to disclaim the liability for one's own negligence will be enforceable only if the contract states explicitly that the parties intend to have the disclaimer apply to negligence claims. Most state laws of the United States will refuse to enforce contracts which attempt to disclaim the liability for gross negligence on public policy grounds. However, the public policy which favoured disclaiming the liability as to gross negligence for providers of launch services was pronounced by the United States Congress in the 1988 Amendments to the 1984 Commercial Space Launch Act. To extend the disclaimer of liability to remote purchasers, the contract of resale should state expressly that the disclaimer applies for the benefit of all contractors and subcontractors who participated in producing the product. This situation may occur when the purchaser of a satellite which has failed to reach orbit has not contracted directly with the provider of launch services. Contracts for launch services usually contain cross-waiver of liability clauses by which each participant in the launch agrees to be responsible for it's own loss and to waive any claims which it may have against other participants. The crosswaiver of liability clause may apply to the participants in the launch who are parties to the launch services agreement, but not apply to their subcontractors. The role of insurance in responding to many risks has been critical in assisting commercial space ventures grow. Today traditional property and liability insurance, such as pre-launch, launch and in-orbit insurance and third party liability insurance, have become mandatory parts of most space projects. The manufacture and pre-launch insurance covers direct physical loss or damage to the satellite, its apogee kick moter and including its related launch equipment from commencement of loading operations at the manufacture's plant until lift off. The launch and early orbit insurance covers the satellite for physical loss or damage from attachment of risk through to commissioning and for some period of initial operation between 180 days and 12 months after launch. The in-orbit insurance covers physical loss of or damage to the satellite occuring during or caused by an event during the policy period. The third party liability insurance covers the satellite owner' s liability exposure at the launch site and liability arising out of the launch and operation in orbit. In conclusion, the liability in commercial space ventures extends to any organization which participates in providing products and services used in the venture. Accordingly, it is essential for any organization participating in commercial space ventures to contractually disclaim its liability to the extent permitted by law. To achieve the effective disclaimers, it is necessary to determine the applicable law and to understand the requirements of the law which will govern the terms of the contract. A great deal of funds have been used in R&D for commercial space ventures to increase reliability, safety and success. However, the historical reliability of launches and success for commercial space ventures have proved to be slightly lower than we would have wished for. Space insurance has played an important role in reducing the high risks present in commercial space ventures.

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한국 재활간호 현황과 전망 (Current Status and the Future Prospect of Rehabilitation Nursing in Korea)

  • 강현숙;서연옥;이혜숙
    • 재활간호학회지
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    • 제4권2호
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    • pp.240-247
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    • 2001
  • The history of rehabilitation of disabilities in Korea began with the foreigners and missionaries who were interested in it after Korean War. In 1981, Disabled Persons Welfare Act was enacted and the 88 Paralympics brought the nations attention to the welfare and rehabilitation of persons with disabilities. Since then, the facilities and the services for the disabled persons have expanded rapidly and the rehabilitation treatment and nursing intervention are drawing more attention. Against this background, the survey on the current status of disabilities, welfare service, facilities, and rehabilitation nursing was conducted. The results of this survey are as follows. 1. According to the 2000 census of disabilities, the number of persons with disabilities in Korea is estimated at 1,449,500, or 3.09% of the entire Korean population, 0.74% up from 2.35% in 1995. 2. Disability Types in 2000 The 2000 census showed that the persons with disabilities numbered 1,449,496 out of the total population and 1,024,371 persons are registered for disability, making up 70.7% of the estimated disabled population. Among them, physically disabled persons accounted for the largest 41.7% (605,127) and mentally retarded persons stood at the smallest 9% (13,481). 3. Percentage of Disability Presence The survey showed that more than 90% of disability were acquired. However, 44.8% of mental disability and 61.4% of hearing/speaking disability were not acquired after birth. This means that these disabilities happened by congenital cause or birth accident. 4. Yearly Figure of Registered Disabled Persons In 1989, 218,601 persons registered for disability and, in 2000, the number increased by 4.7 times to 1,024,371. These figures are different from the actual number of disabled persons. According to the 1995 census, 1,053,486 were disabled persons but only 378,323registered for disability. And, in the 2000 census, 1,024,371 out of the 1,449,496 of disabled persons registered for disability. 5. Welfare Service for Persons with Disability 62.6% of the total disabled people are registered and physically disabled persons accounted for the highest percentage of 96.7%. 26.5% of non-registered disabled people said that they didnt know the registration procedure. The rest of them replied that they didnt think they were disabled or that registration didnt seem to give any benefits. 6. Welfare Policies for Disabled Persons The welfare benefits given to the disabled are as follows: Issuance of disabled sign for car drivers, Permission to use LPG fuel, Communication fee reduction, Tax exemption related to cars, Reduction of public facility fees, Household allowance, Tax reduction or exemption, Medical allowance and education subsidy for children, and Housing. 7. Current Condition of Welfare Facilities by Disability Type The welfare institutions for disabilities numbered 188 in total and they can accommodate 16,823 persons. Categories of these institutions are physical disability(37), visual disability(10), hearing/speaking disability(14), mental retardation(59), and sanatoriums(68). 8. Human Resource of Rehabilitation of Disabilities Advanced education programs include rehabilitation nursing in its curriculum and this was selected as the program of Korean Academic Society of Nursing in 1990. In November 1997, Korean Academic Society of Rehabilitation Nursing was launched and many academic meeting and seminars were held. This organization is also making efforts to develop the education program for qualified rehabilitation nursing professionals and to develop the standards of rehabilitation nursing practice. In the professionals of the rehabilitation, there are rehabilitation specialist, physical therapist, speech therapist, occupational therapist. It is needed to come up with the measures to supply stable human resources following the demand of disabled persons and to recognize the private certificates for rehabilitation professionals as official ones after reviewing the education and training programs of private institutions. 9. Rehabilitation Nursing 1) Rehabilitation nursing was taught as an independent subject in 11 undergraduate programs and 9 graduate programs. 2) Research on rehabilitation nursing in Korea were 24 experimental research and 11 non-experimental research. The intervention of experimental research were mostly education and exercise rehabilitation programs. 3) In the three rehabilitation hospitals, nursing is divided into two categories, direct nursing and education & counseling. Direct nursing includes tracheostomy or nasogastric tube care, urination and defication, skin care, pain control, complication prevention and care, prevention of injury from a fall, etc.

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