• The Korean Society of Law and Medicine
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• v.15 no.2
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• pp.367-397
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• 2014

Dans le contentieux m$\acute{e}$dical, il est difficile de prouver l'existence d'un lien de causalit$\acute{e}$ entre la faute m$\acute{e}$dicale et les pr$\acute{e}$judices subis par la victime. R$\acute{e}$partir bien de façon raisonnable la charge de la preuve du lien causal est alors une des questions pr$\acute{e}$occup$\acute{e}$es par la doctrine cor$\acute{e}$enne. La Cour supr$\hat{e}$me cor$\acute{e}$enne semble toutefois facilliter l'indemnisation des victimes dans les cas o$\grave{u}$ la responsabilit$\acute{e}$ du m$\acute{e}$decin a ${\acute{e}}t{\acute{e}}$ mise en cause, et cela en admettant des fois une solution op$\acute{e}$rant un renversement de la charge de la preuve du lien causal. Une telle attitude a ${\acute{e}}t{\acute{e}}$ m$\hat{e}$me affirm$\acute{e}$e dans un arr$\hat{e}$t rendu r$\acute{e}$cemment en cas de dommage caus$\acute{e}$ par le fait du produit de sant$\acute{e}$, notamment pour le cas de contamination virale par voie de transfusion. La Cour a $\acute{e}$galement reconnu que l'action se pr$\acute{e}$scrit $\grave{a}$ partir du moment de la consolidation du pr$\acute{e}$judice. Aux termes de cette $\acute{e}$tude, on pourra constater que le juge français reconna$\hat{i}$t aussi l'assouplissement de la charge de la preuve du lien de causalit$\acute{e}$ en mati$\acute{e}$re d'action m$\acute{e}$dicale. Il faudra toutefois souligner que le ph$\acute{e}$nom$\acute{e}$ne ne soit pas g$\acute{e}$n$\acute{e}$ralis$\acute{e}$ en droit français, d'autant plus que la pr$\acute{e}$somption de l'existence de la causalit$\acute{e}$ en la mati$\grave{e}$re a $\acute{e}$t$\acute{e}$ admise de mani$\grave{e}$re restrictive par la l$\acute{e}$gislation sp$\acute{e}$cifique. Tel $\acute{e}$tait notamment le cas pour les accidents de la contamination par le virus du sida ou de l'h$\acute{e}$patite C survenus apr$\grave{e}$s la transfusion. En d$\acute{e}$finitive, on peut dire qu'en droit français, le principe est maintenu en cas de manquement $\grave{a}$ une obligation de r$\acute{e}$sultat n$\acute{e}$e du contrat m$\acute{e}$dical, tandis que la Cour de cassation admet parfois en mati$\grave{e}$re de droit commun de la responsabilit$\acute{e}$ contractuelle la pr$\acute{e}$somption de causalit$\acute{e}$ en cas d'inex$\acute{e}$cution des obligations de r$\acute{e}$sultat. En fait, la pr$\acute{e}$somption de causalit$\acute{e}$ dans le contentieux m$\acute{e}$dical pourra mener les m$\acute{e}$decins $\grave{a}$ se diriger vers les traitements d$\acute{e}$fensifs. Cette situation peut m$\hat{e}$me conduire $\grave{a}$ emp$\hat{e}$cher le d$\acute{e}$veloppement de la science m$\acute{e}$dicale, enfin $\grave{a}$ une situation d$\acute{e}$savantageuse aux patients. Il y a alors lieu de se m$\acute{e}$fier des int$\acute{e}$r$\hat{e}$ts d$\acute{e}$s$\acute{e}$quilibr$\acute{e}$s entre le m$\acute{e}$decin et le patient. De ce point de vue, on peut estimer que le droit français donne des suggestions aux juristes cor$\acute{e}$ens dans la recherche des solutions plus ad$\acute{e}$quates en ce qui concerne la charge de la preuve du lien causal en mati$\acute{e}$re de responsabilit$\acute{e}$ m$\acute{e}$dicale.

• Journal of Korean Academy of Nursing Administration
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• v.1 no.2
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• pp.246-267
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• 1995

Recently the request of the patients to participate in the medical courses has been expanding due to the elevated sense of right on the people's health, merchandised medical treatment by mass supply, human right declaration of the patients, generalized medical informations by the mass media and the change of human relation between the medical personnels and the patients. Under these phenomena the patients have been in the thought of solving such accidents only by regulation of the laws which they think to be all powerful, Such trends are same in the area of nursing service. Also today the accident by the nurses have been increasing by the area of the nurses having been expanded and their independent roles having been increased. Such nursing accidents are the important subject which the professional occupation of the nurse has been facing but legal protective capability of the nurses has been very weak. Therefore this study has examined the degree of the experience of the nursing accident that happens in the clinical nursing scenes in the general hospital to provide the basic materials for the protection and the counter measures of the nursing accident. The following is the conclusion based by the above examination. 1) The experience degree of the whole nursing accidents has been appeared as 1.90 in average. And the degree according to service area has been 1.77 in the area of supervising management of patients, 1.54 in the area of the same management of patients by head-nurses, 1.84 in the area of doctors' treatment performances, 14 in the enforcement and education areas of the nursing technology, 2.04 in the area of observing patients and judgement and 2.07 in the area of nursing records and maintaining confidentials. Accordingly there has been higher degree of accidental experiences in the independent service areas of the patients than in the dependent ones directed by the doctors. 2) The perception of the nurses showed that the cause of the nursing accident has been due to the heavy work of the nurses with the 60.4% of the response rate, the highest rate. They report the accident to the head nurse first by 2/3 nurses after accident. And the hour of the accident has been frequently happened regardless of service hours with 48.1% in response rate, the highest rate, and the nursing accident happens in the night more than the daytime with the rate of 37.5% at night while 14. 4% daytime. 3) The nurses are in the perception that the patients are responsible for the accident with 48.2% response rate while 43.9% rate in response showed that it has been caused by many people. They are in the perception that 41.7% when the nursing power was lacking, 46.7% lower recognition of actual state about indivitual patient in the section of technical speciality and 35.8% when the patients were not cooperative and 37.8% when the wards were dirty and in disorder. 4) the attitude of the patients after the various nursing accidents has been violent words in 72.7%, violence in 17.4% and 3.9% in attending the court by the sue of the patient's side(18 nurses). 5) The action of the hospital has been : requesting the submission of the story of the accident in 22.8%, the report of the accidents in 14.4%, thus the written statement disposal was most, 4.5% was the transfer to the other departments when the accident was larger or the patients' guardians protested strongly and 0.6% of the dismissals of the nurses. 6) In regard to the responsiblity of the nurse accidents, 78.9% was the highest rate of supplying the nursing manpowers, 48.4% of mutual cooperation of the medical personnels, 37.2% of strengthening the education for the nurses and hospital facilities reformation in 32.7%. 7) The review of relation between the general characters of the object of the study and the degree of experience of nursing accidents showed the significant differences in ages (F=4.04, p=0.000).

• Journal of the Korean Institute of Landscape Architecture
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• v.40 no.5
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• pp.88-99
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• 2012

This study was to analyze the changes made in the landscape cognition in Yong-in City for the past 10 years. For the analysis, the landscape plan in 2001, and the survey data collected for the new 2012-landscape plan were used. The questions on the survey covered the cognition of the current landscape status, the evaluation of landscape depending on the types of landscape, the understanding of each element on the landscape, the residents' cognition, etc. In the evaluation of the status on current landscape, Everland was ranked outstandingly high as a symbol and a representative place both in 2001 and 2012. The image of the overall city landscape was changed from the image of unique, diverse, grand-scale and well ordered in 2001, to the image of wide, disordered, common and realistic. As the evaluation of individual landscape types such as the view of the mountain, the surroundings of the tourist attractions, colors, etc, has improved overall. The image of the city has been evaluated to improve gradually, especially in the level of individual element. In the study of participating the willingness of residents, despite the interest in landscape has been continued, the attitude for the actual participation in the action plan or the restriction of property right has been changed into a negative side. For the direction of the landscape plan, the residents are more interested in the detailed subjects : such as the financial support, the night landscape plan, the improvement of the problems, etc. During the last 10 years, the changes on the landscape cognition in Yong-in City have changed more in detail and specifically, the cognitions on the local government and developers changed positively. However the reducion of the participants' willingness suggested a review on the policies and the projects of the landscape.

• Korean journal of communication and information
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• v.43
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• pp.117-151
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• 2008

This paper regards former Samsung lawyer Kim Yong-Chul's action of claiming Samsung Group's slush fund as typical Whistle-Blowing from inside. News frames in KBS, SBS TV were examined through comparative analysis. In formal feature, 'episodic news frame' hold an absolute majority in both stations. From news sources, the group of whistle-blower such as lawyer Kim Yong-Chul and civic groups was confronted with Samsung and state authorities including the Prosecutor, financial agencies. Analysis on the theme of news coverages demonstrated 5 frames: 'public announcing frame', 'news of conflict frame' 'demanding a close inquiry frame', 'declaration of conscience frame', 'causing social upheaval frame', Analysis result shows that 'public announcing frame' was most frequently used in reporting and there was distinction between KBS and SBS in 'declaration of conscience frame' and 'causing social upheaval frame'. Relatively KBS preferred 'declaration of conscience frame' and SBS would use 'causing social upheaval frame', from which reciprocal relation as media ownership could be analogized. Both media tend to make light of in-depth news coverages on structural issues or essential settlement and it is shown that both stations treated this situation with intriguing audiences as stressing sensitive parts in this event. Follow-up of changing process of 'declaration of conscience frame' through diachronic analysis on framing informs that additional exposure of 'Lee Yong Chul', former secretary in Nov 19, 2007 influenced increasing of frequency of using 'declaration of conscience frame'. However, news reporting on whistle-blower in KBS and SBS generally adheres to passive attitude of following changes in the surroundings rather than playing an active role in improving social recognition on whistle-blowing, which can induce to the spread of negative feature on it. Thus it is assumed that terrestial television broadcasting should regard whistle-blowing as contradiction in social structures and active depth reporting seems to be neded for improving social recognition on whistle-blowing.

• Korean Journal of Social Welfare
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• v.54
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• pp.65-97
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• 2003

This study seeks the countermeasures for the successful organization of the social welfare labor union after examining social welfare workers' cognizance about a labor union and analyzing the major factors affecting their participation in a labor union. An analysis of social welfare workers' cognizance about the social welfare labor union. demonstrates that (1) most social welfare workers have positive opinions about a labor union organization and the participation in a labor union, (2) a great part of workers prefer forming a labor union and a professional organization together in relation to the organization of social welfare workers, and (3) the effective strategies for the organization of a labor union are in the order of the uplift of social welfare workers' consciousness, the constitution of the basic organizations which propel the formation of a labor union, and the preparation of policy countermeasures which attain the supports of clients and citizens. An analysis of factors affecting the participation in a labor union shows that the attitude toward the participation behavior (positive results), subjective norm (specific individuals), subjective norm (social constituent members), and perceived behavior control in the analysis model, male, lower position in officers, and lower educational attainment in democratic characteristics, and lower democratic and professional managements in officers and longer working hours in labor environmental conditions affect positively the participation in a labor union. These results suggest several assignments for the successful organization of the social welfare labor union. First the activities that make social welfare workers recognize the beneficial results bringing about by the participation in a labor union need to be carried out, second strategies that persuade the influential individuals to supports the participation in a labor union need to be developed, third activities that make the social constituent members understand the ethical, professional, and non-productive characteristics of social service works not to be confronted with the organization of a labor union should be pursued, fourth the organizational environments in which social welfare workers can freely participate in a labor union according to their intentions need to be made up, fifth the policy countermeasures which attain the support of social welfare workers, clients and citizens should be developed and carried out, and finally the basic organizations that effectively propel the formation of a labor union need to be constituted.

• Journal of Christian Education in Korea
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• v.61
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• pp.165-201
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• 2020

The purpose of this study is to explore the development of language education of Christian early childhood education by exploring the change of pre-Christian preschool teachers through the development of biblical language education activities. Interviews, surveys, action plans, and reflections of 19 Christian education students who participated in the development of bible-based language education activities for children based on the language of early childhood language, were conducted from September 3 to December 28, 2018. The data were collected through a portfolio. By analyzing the collected data, the key categories were derived and categorized. For the objectification of data analysis and interpretation, two thematic and early childhood education specialists were identified. As a result, the preparatory Christian teacher experience for the development of bible-based langage education activities for young children was categorized into cognitive change, personality change and practical change. First, through the development of bible-based early childhood language education activities, Christian pre-service early childhood teachers have brought cognitive changes as 'processes not outcomes', 'integration not separation', 'living non-curriculum' and 'meaning not effect'. In developing bible-based language education activities for young children, Christian pre-service early childhood teachers experienced a cognitive change in the 'process of language education activities' rather than the developmental achievements and results of early childhood language education. Christian pre-service early childhood teachers recognized the necessity of 'integration of listening-speaking-reading-writing', not the separation of early childhood language education. They recognized the importance of 'informal language education in kindergarten life', as well as teacher-centered formal language education. In addition, they have made a cognitive change that 'child-centered meaningful language education experience' is more important than the effectiveness of early childhood language education. Second, in developing bible-based language education activities for young children, Christian pre-service early childhood teachers showed personality changes as 'confident teachers', 'professional teachers', and 'teachers with reflective thoughts and attitudes'. Finally, in developing bible-based language education activities for young children, Christian pre-service early childhood teachers recognized the power of positive language and practiced it to form habits of using the right language and to link Christian education with early childhood education. Through the development of bible-based language education activities for young children, Christian pre-service early childhood teachers are equipped with the heart attitude and enthusiasm required to become true early childhood teachers for young children in unpredictable educational conditions and rapidly changing educational realities. Teacher efficacy has improved. In the future, it is expected that various teacher education programs linking Christian education and early childhood education will be continuously and systematically implemented.

• Journal of The Korean Association For Science Education
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• v.38 no.5
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• pp.705-720
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• 2018

The purpose of this study is to shed light on the meaning and value of interest (in Korean 'Jae-mi') in science education through literature analysis. Literature analyses were conducted on literature related to interest in various fields such as Korean language, psychology, philosophy, and education. Specifically, this study discussed the meaning of interest, the characteristics of the context of experiencing interest, the educational value of interest in science education, and the direction of science education to realize the value of interest. First, it was found that interest is an experience of emotional activation that can be felt through interaction with a specific object, and it is an emotional experience caused by the complex combination of various psychological factors, which is oriented sense, relationship, self, and object. Second, to understand the context of experience of interest, we conducted a topic modeling analysis with 1173 research articles related to interest. As a result of the analysis, it was confirmed that the context of interest is closely related with playfulness. And we addressed that this kind of playfulness is also found in science. Third, the educational values of interest in science education were discussed. In science education, fun is not only an instrumental value to induce science learning behavior, it is also one of the universal experiences that learners feel lively in science teaching-learning, and driving force of individual students' emotional development related to science. The students' active attitude to feel interest lead to creative thinking and action. Finally, we argued that the interest that should be aimed in science education should be active interest and experienced at trial and error, not passive interest induced by external stimuli. And science education culture should be encouraged to respect those who enjoy science. In particular, this study discussed the importance of each student's unique interest experience based on the philosophy of philosopher Deleuze (1976).

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.159-203
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• 2010

Together with the development of space science outer space law has become one of the most rapidly developing branches of international law. This reflects a general realization that these new activities must be subject to reasonable legal regulation if they are to serve the peaceful purposes of mankind without undue confusion and disorder. The exploration and use of outer space introduces many novel opportunities and dilemmas, and inspired insights are needed in the development of this new resource. In particular, the settlement of space law disputes is a relatively new discussion in international law. However, the significance of the settlement of space law disputes was acknowledged in various colloquia organized by legal academicians and practitioners around the world. Analysis of the dispute settlement provisions in space agreements plainly reveals the degree to which States persist to be mistrustful of any impingement to their sovereignty. They are reluctant to submit disputes to adjudication and binding arbitration, particularly when these provisions are negotiated between States which have dissimilar political, economic and social interests and demography. However, there is a slow but clear shift in this attitude as States realize the contemporary political, economic and technical pressures necessitating the lifting of the veil of State sovereignty. The development of an effective mechanism for the settlement of disputes arising in relation to the development of the exploration and exploitation of outer space has been the subject of global study by highly qualified publicists and international institutions. The 1972 Liability Convention is the space treaty with the most elaborate provisions for dispute settlement. However, it fails to ensure binding decisions. In this point, the 1998 Taipei Final Draft Convention may be a useful instrument for further consideration on whether an independent sectorialized dispute settlement mechanism should be established. Considering these circumstances it seemed essential to take legislative action to implement a system as comprehensive as the relevant legal framework are in the Law of the Sea and International Criminal Law mechanisms for dispute settlement and conflict avoidance from outer space activities.

• 한국사회정책
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• v.23 no.2
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• pp.49-81
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• 2016

This study agrees with the idea that a situation centered perspective provides a useful contribution in understanding women's attitude on organizations. Women's occupational experiences are less related to their "femaleness" than to the structural constraints inherent in the occupational positions women fill. So characteristics of the organizational situation including gender composition and hierarchical status may "shape and define" women's experience on the job. The present study examined the managerial level's gender gap and "glass ceiling" of the corporation. According to Kanter, if the ratio of women to men in organizations begins to shift, as affirmative action and new hiring and promotion policies promised, forms of relationships and corporate culture should also change. However, the mere presence of women on workplace may not, in itself, result in women-friendly work condition. This study analyzes "Korean Women Manger Panel survey(2010 3rd. wave)" to examine how much gender gap of the managerial level persists and when the glass ceiling effect emerges. Using t-test and ANOVA, various aspects of the gender gap within managerial level were verified. The most significant finding is the glass ceiling effect starts from very low level of management. Policy implications from the statistical analysis of the Panel survey are: 1) We need to increase the absolute number of the women managers for securing middle level women leadership pipe line. 2) We need to confront the fact that the glass ceiling starts from the very low managerial level, and to explore more realistic way to break up the vicious circle for the tokenism. and 3) We need to looking beyond numbers in approaching women's matter at work. At the cultural and institutional level, work-family programs and policies, women's ratings of their competence, and family-friendly organization's climate should be considered.

• Journal of Popular Narrative
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• v.25 no.1
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• pp.393-425
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• 2019

This paper focuses on Alain Resnais's representative works (1955), (1959), and (1963), and analyzes how he implements a representation of memory though cinematic apparatus. These three films deal with horrific memories that seem impossible to reproduce aesthetically such as the Holocaust, the Hiroshima Atomic Bomb, World War II, and the war in Algeria. The reappearance of events that stripped humans of even their minimum dignity can naturally be associated with ethical issues. These events can never be reproduced because they cannot be explained in the human language. It is also impossible to reproduce in a way that doesn't invade other peoples' sufferings, nor displays the pain of others as spectacles. Alain Resnais was a director who realized that if factual representation was not possible from the beginning, truthfulness would have to be approached through cinematic form. Therefore, he tries to overcome these problems through cinematic forms. First, he shifts to action films to avoid the obscenity of documentary. shows the records of camps captured by German forces in the past, while shows the pain of others in a fictional form of representation. Next, he describes how the trauma affects the identity of the main character through a flashback in , but also shows a main character who is experiencing trauma without a flashback in Flashbacks have the effect of showing the effects of trauma on the main character, but at the same time they involve the obscenity of enjoying the suffering of others. Nonetheless, the absence of flashbacks highlights the impossibility of representation. This is because it is not silent in the impossibility of representation but is constantly approaching. The attitude that repeatedly circles around impossibility is an ethical form that maximizes the impossibility of representation. In conclusion, this is the ethics of representation that Alain Resnais showed in his films.