• Title/Summary/Keyword: Actual state

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Study on the Legal Policy for Restitution of Illegally Exported Cultural Properties in Foreign Countries (해외 소재 불법 문화재의 환수를 위한 법정책적 연구)

  • Song, Ho-Young
    • Korean Journal of Heritage: History & Science
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    • v.48 no.4
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    • pp.24-43
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    • 2015
  • Since 2011, when Oegyujanggak Uigwe(Records of the State Rites of the Joseon Dynasty) were returned from France, which were looted in 1866 by the French Navy, national attention to our cultural properties abroad was explosively increased and public pressure has been mounting that those cultural properties should be returned in Korea. According to the statistics of "Overseas Korean Cultural Heritage Foundation" Korean cultural Properties, which exist in foreign countries, amounts 160,342 in total 20 countries. Among them about half of them are estimated to be illegally exported cultural property, these are to be restituted. However, in reality it is not so easy to restitute illegally exported cultural properties. For this, it needs to be established a long-term and systematic plan for return of cultural properties from other countries. This paper starts from such a critical mind and tries to find legal policy measures for the return of illegally exported cultural properties. To this end, the author first describes motive and aim of this research in chapter I. and overviews basic understanding and current situation of export of cultural property as well as means and methods of return of cultural property in chapter II. and then deals with international and national norms that are involved in the dispute concerned return of cultural properties in chapter III. Based on this research, in chapter IV., which can be considered as a key part of this paper, the author proposed nine legal policy measures for restitution of cultural properties from foreign countries. That is, actual condition survey of cultural properties in foreign countries, unified management and implement of export ID on cultural properties, fund-raising for the diversification of means of return of cultural properties. local utilization of cultural properties, joining in the multilateral conventions and expansion of the bilateral agreements, restitution and cooperation through international organizations, restitution through lawsuit and arbitration, training experts on restitution of cultural property and networking with foreign experts. Finally, the author summarized his opinion in chapter V. which comprehended researching the above.

Study on the Multilevel Effects of Integrated Crisis Intervention Model for the Prevention of Elderly Suicide: Focusing on Suicidal Ideation and Depression (노인자살예방을 위한 통합적 위기개입모델 다층효과 연구: 자살생각·우울을 중심으로)

  • Kim, Eun Joo;Yook, Sung Pil
    • 한국노년학
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    • v.37 no.1
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    • pp.173-200
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    • 2017
  • This study is designed to verify the actual effect on the prevention of the elderly suicide of the integrated crisis intervention service which has been widely provided across all local communities in Gyeonggi-province focusing on the integrated crisis intervention model developed for the prevention of elderly suicide. The integrated crisis intervention model for the local communities and its manual were developed for the prevention of elderly suicide by integrating the crisis intervention theory which contains local community's integrated system approach and the stress vulnerability theory. For the analysis of the effect, the geriatric depression and suicidal ideation scale was adopted and the data was collected as follows; The data was collected from 258 people in the first preliminary test. Then, it was collected from the secondary test of 184 people after the integrated crisis intervention service was performed for 6 months. The third collection of data was made from 124 people after 2 or 3 years later using the backward tracing method. As for the analysis, the researcher used the R Statistics computing to conduct the test equating, and the vertical scaling between measuring points. Then, the researcher conducted descriptive statistics analysis and univariate analysis of variance, and performed multi-level modeling analysis using Bayesian estimation. As a result of the study, it was found out that the integrated crisis intervention model which has been developed for the elderly suicide prevention has a statistically significant effect on the reduction of elderly suicide in terms of elderly depression and suicide ideation in the follow-up measurement after the implementation of crisis intervention rather than in the first preliminary scores. The integrated crisis intervention model for the prevention of elderly suicide was found to be effective to the extent of 0.56 for the reduction of depression and 0.39 for the reduction of suicidal ideation. However, it was found out in the backward tracing test conducted 2-3 years after the first crisis intervention that the improved values returned to its original state, thus showing that the effect of the intervention is not maintained for long. Multilevel analysis was conducted to find out the factors such as the service type(professional counseling, medication, peer counseling), characteristics of the client (sex, age), the characteristics of the counselor(age, career, major) and the interaction between the characteristics of the counselor and intervention which affect depression and suicidal ideation. It was found that only medication can significantly reduce suicidal ideation and that if the counselor's major is counseling, it significantly further reduces suicidal ideation by interacting with professional counseling. Furthermore, as the characteristics of the suicide prevention experts are found to regulate the intervention effect on elderly suicide prevention in applying integrated crisis intervention model, the primary consideration should be given to the counseling ability of these experts.

A Study on the Formation and Landscape Meaning of Noksan in Gyeongbokgung Palace (경복궁 녹산(鹿山)의 성립과 경관적 의의)

  • Lee, Jong-Keun;So, Hyun-Su
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.38 no.4
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    • pp.1-11
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    • 2020
  • Noksan is a green area in the form of a hill located inside Gyeongbokgung Palace, unrecognized as a cultural heritage space. This study analyzed the literature and the actual site to derive its landscape meaning by examining the background for the formation of Noksan and how it changed. As a result, the identity of Noksan was related to the geomagnetic vein, pine forest, and deers, and the following are its landscape meaning. First, several ancient maps, including the 「Map of Gyeongbokgung Palace」 depicted the mountain range continuing from Baegaksan(Bugaksan) Mountain to areas inside Gyeongbokgung Palace, and Noksan is a forest located on the geomantic vein, which continues to Gangnyeongjeon Hall and Munsojeon Hall. On Bukgwoldo(Map of Gyeongbokgung Palace), Noksan is depicted with Yugujeong Pavilion, Namyeogo Storage, office for the manager of Noksan, the brook on north and south, and the wall. It can be understood as a prototypical landscape composed of minimal facilities and the forest. Second, the northern palace walls of Gyeongbokgung Palace were constructed in King Sejong's reign. The area behind Yeonjo(king's resting place) up to Sinmumun Gate(north gate of the palace) was regarded as the rear garden when Gyeongbokgung Palace was constructed. However, a new rear garden was built outside the Sinmumun Gate when the palace was rebuilt. Only Noksan maintained the geomantic vein under the circumstance. However, the geographical features changed enormously during the Japanese colonial era when they constructed a huge official residence in the rear garden outside the Sinmumun Gate and the residence of the governor-general and road in the site of the Blue House. Moreover, Noksan was severed from the foothill of Baegaksan Mountain when 'Cheongwadae-ro(road)' was constructed between the Blue House and Noksan in 1967. Third, the significant characteristics and conditions of the forest, which became the origin of Noksan, were identified based on the fact that the geomatic state of the northeastern side of Gyeongbokgung Palace, the naecheongnyong area in geomantic terms(the innermost 'dragon vein' among the veins that stretched out from the central mountain toward the left side), and they planted pine trees to reinforce the 'ground vein' and the fact that it was expressed as the 'Pine Field' before the Japanese Invasion of Korea in 1592. The pine forest, mixed with oaks, cherries, elms, and chestnuts, identified through the excavation investigation, can be understood as the original vegetation landscape. Noksan's topography changed; a brook disappeared due to mounding, and foreign species such as acacia and ornamental juniper were planted. Currently, pine trees' ratio decreased while the forest is composed of oaks, mixed deciduous trees, some ailanthus, and willow. Fourth, the fact the name, 'Noksan,' came from the deer, which symbolized spirit, longevity, eternal life, and royal authority, was confirmed through an article of The Korea Daily News titled 'One of the seven deers in Nokwon(deer garden) in Gyeongbokgung Palace starved to death.'

A Study of the Current State of the Garden and Restoration Proposal for the Original Garden of Yi Cheon-bo's Historic House in Gapyeong (가평 이천보(李天輔) 고가(古家)의 정원 현황과 원형 복원을 위한 제안)

  • Rho, Jaehyun;Choi, Seunghee;Jang, Hyeyoung
    • Korean Journal of Heritage: History & Science
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    • v.53 no.4
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    • pp.118-135
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    • 2020
  • It is not uncommon in Korea to see the structure and function of a garden remain intact as well as its form. Yi Cheon-bo's Historic House (Gyeonggi-do Cultural Heritage Item No. 55), located in Sang-myeon, Gapyeong-gun, Gyeonggi-do, is considered an example of very valuable garden heritage, although its family history, location, and remaining buildings and natural cultural assets are not fully intact. Along with Yi Cheon-bo's Historic House, this study attempted to explore the possibility of restoration of the forest houses and gardens by highlighting the high value of Yi Cheon-bo's Historic House through research into the typical layout of private households in northern Gyeonggi Province and Gapyeong County, comparative review of aerial photographs from 1954, and interviews with those involved. The results of the study are as follows: In this study, the presence of Banggye-dongmun and Bansukam in the Banggyecheon area, where the location of the garden was well-preserved, was examined across the landscape of the outer garden, while the location of Yi Cheon-bo's Historic House, the appearance of feng shui, and the viewing axis were considered. Also, the appearance of the lost main house was inferred from the arrangement and shape of the Sarangchae and Haengrangchae that remain in the original garden, and the asymmetry of the Sarangchae Numaru and the hapgak shape on the side of the roof. In addition, the three tablets (Pyeonaeks) of Sanggodang (尙古堂), Bangyejeongsa (磻溪精舍), and Okgyeongsanbang (玉聲山房) were used to infer the landscape, use, and symbolism of the men's quarters. Also, a survey was conducted on the trees that existed or existed in the high prices. Incidentally, it was confirmed that information on boards and cultural properties of Yeonha-ri juniper (Gyeonggi-do Monument No. 61) was recorded to a much lesser extent than the actual required standard, and the juniper trees remaining in the front of Haengrangchae should also be re-evaluated after speculation. On the other hand, as a result of estimating the original shape as a way of pursuing completeness of the garden through restoration of the lost women's quarters and shrine, it is estimated that the main house was placed in the form of a '口' or a 'be warped 口' on the right (north) side of the men's quarters. By synthesizing these results, a restoration alternative for Yi Cheon-bo's Historic House was suggested.

An Exercise Rehabilitation Field Revitalization Plan for Promoting Elderly Sport for All (노인생활체육 진흥을 위한 운동재활분야 활성화 방안)

  • Cho, Kyoung-Hwan
    • Journal of Korea Entertainment Industry Association
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    • v.14 no.4
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    • pp.305-319
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    • 2020
  • A The purpose of this study was to determine the present state of the exercise rehabilitation field, promote elderly sport for all, and present a revitalization program for higher quality of life for the elderly in the coming era of the Fourth Industrial Revolution and aged society. Literature review was performed to analyze the actual conditions of the activities for elderly sport for all and the relevant field of exercise rehabilitation, analyze the elderly health and welfare and elderly sport for all programs, and present a plan for revitalizing the field of exercise rehabilitation to promote elderly sport for all. First, it is necessary to reinforce the awareness and promotion of the need and importance of exercise rehabilitation in inducing seniors to participate in sport for all. Second, it is necessary to make it compulsory to place sport leaders for seniors at such places as elderly leisure and welfare centers and promote expertise in managing elderly health guidance efficiently through cooperation with welfare workers. Third, it is necessary to make it compulsory to take exercise rehabilitation and similar subjects in the curriculums of sport for all, elderly sport welfare, and silver welfare sport as well as the subject of volunteering activities at such places as elderly leisure and welfare centers with the aim of giving opportunities for career choice. Fourth, it is necessary to develop characterized exercise rehabilitation programs at senior welfare centers, community centers for the elderly, and elderly classes and employ experts equipped with exercise event and exercise rehabilitation capabilities as itinerant lecturers to contribute to the government's job creation policies through cooperation between the Ministry of Culture, Sports, and Tourism (MOCST) and the Ministry of Health and Welfare (MOHW). Fifth, it is necessary to make a greater investment in research and development required for elderly sport for all. Sixth, it is necessary to develop and distribute various exercise rehabilitation treatment videos and guidelines that seniors can use for themselves. This is associated with the fifth one; in particular, it is urgent to devise measures against Coronavirus 19. Seventh, it is necessary to reduce inefficiency and budget waste caused by overlapped tasks by establishing a new elderly sports promotion organization through adjustment by MOCST and MOHW; it is also necessary to increase the functions of organization establishment with the aim of reinforcing the education area, which involves post-retirement health care, exercise rehabilitation, safety accident prevention, and virus.

Present Status and Prospect of Valuation for Tangible Fixed Asset in South Korea (유형고정자산 가치평가 현황: 우리나라 사례를 중심으로)

  • Jin-Hyung Cho;Hyun-Seung O;Sae-Jae Lee
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.46 no.1
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    • pp.91-104
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    • 2023
  • The records system is believed to have started in Italy in the 14th century in line with trade developments in Europe. In 1491, Luca Pacioli, a mathematician, and an Italian Franciscan monk wrote the first book that described double-entry accounting processes. In many countries, including Korea, the government accounting standards used single-entry bookkeeping rather than double-entry bookkeeping that can be aggregated by account subject. The cash-based and single-entry bookkeeping used by the government in the past had limitations in providing clear information on financial status and establishing a performance-oriented financial management system. Accordingly, the National Accounting Act (promulgated in October 2007) stipulated the introduction of double-entry bookkeeping and accrual accounting systems in the government sector from January 1, 2009. Furthermore, the Korean government has also introduced International Financial Reporting Standards (IFRS), and the System of National Accounts (SNA). Since 2014, Korea owned five national accounts. In Korea, valuation began with the 1968 National Wealth Statistics Survey. The academic origins of the valuation of national wealth statistics which had been investigated by due diligence every 10 years since 1968 are based on the 'Engineering Valuation' of professor Marston in the Department of Industrial Engineering at Iowa State University in the 1930s. This field has spread to economics, etc. In economics, it became the basis of capital stock estimation for positive economics such as econometrics. The valuation by the National Wealth Statistics Survey contributed greatly to converting the book value of accounting data into vintage data. And in 2000 National Statistical Office collected actual disposal data for the 1-digit asset class and obtained the ASL(average service life) by Iowa curve. Then, with the data on fixed capital formation centered on the National B/S Team of the Bank of Korea, the national wealth statistics were prepared by the Permanent Inventory Method(PIM). The asset classification was also classified into 59 types, including 2 types of residential buildings, 4 types of non-residential buildings, 14 types of structures, 9 types of transportation equipment, 28 types of machinery, and 2 types of intangible fixed assets. Tables of useful lives of tangible fixed assets published by the Korea Appraisal Board in 1999 and 2013 were made by the Iowa curve method. In Korea, the Iowa curve method has been adopted as a method of ASL estimation. There are three types of the Iowa curve method. The retirement rate method of the three types is the best because it is based on the collection and compilation of the data of all properties in service during a period of recent years, both properties retired and that are still in service. We hope the retirement rate method instead of the individual unit method is used in the estimation of ASL. Recently Korean government's accounting system has been developed. When revenue expenditure and capital expenditure were mixed in the past single-entry bookkeeping we would like to suggest that BOK and National Statistical Office have accumulated knowledge of a rational difference between revenue expenditure and capital expenditure. In particular, it is important when it is estimated capital stock by PIM. Korea also needs an empirical study on economic depreciation like Hulten & Wykoff Catalog A of the US BEA.

The Great Opening of the Later World in Daesoon Thought and the World of Pre-experientialism from the Reordering Works of Heaven and Earth as Understood in Yi-Jing Studies (천지개벽의 역학적 사유에서 본 대순사상의 후천개벽과 선험주의적 세계)

  • Kim Yon-jae
    • Journal of the Daesoon Academy of Sciences
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    • v.47
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    • pp.1-37
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    • 2023
  • This essay seeks to answer the question of how best to understand Korean new religious movements (KNRMs). KNRMs have the characteristics of folk religion, ethno-religion, or popular religion. KNRMs are products of the national consciousness promoted by Korean society during the Late Joseon Dynasty at the turning point of modern Yi-Jing Studies. From the perspective of social evolutionary theory of developmental history, during that period, Joseon (Korea), like China, was faced with a double-edged sword consisting of the strength of tradition and the upheaval of modernity. If the strength of tradition depended on the Yi-Jing Studies to promote national enlightenment toward anti-imperialist aims, then it was equally the case that modernity depended on the sense of urgency to guide the people to secure livelihoods and edification regarding anti-feudalism. In this essay, the KNRMs that appeared during this transition period of Yi-Jing Studies will be a significant focus, and the worldview of Daesoon Thought will be the main focus. As one of the central topics, intensive discussion will be dedicated to the issue of the nature of pre-experientialism (先驗主義) which characterized the Great Opening (開闢). The principles of Daesoon Thought have a religious dimension of realistic awareness that guides the people's lives and edifies them. The process of the Great Opening aims to secure an ontological clock that tracks the Great Itineration of the world toward Daesoon Truth. This in turn as a process establishes the epistemological world of the Reordering Works of Heaven and Earth (天地公事) and reaches the axiological boundary of the future world. The links among the Three Realms is characterized by a pre-experientialist line that experiences the space-time nature of the universe as the Great Opening of the Later World (後天) within the framework of Heaven and Earth. Throughout this course, humans look to enjoy the infinite vitality of the universe from within their own finite vitality. Therefore, Daesoon Thought can overcome perceived reality through pre-experientialist channels such as the Great Opening of the Later World and aim for a state of self-awareness such as the Earthly Paradise. This is an attempt to participate and practice in the actual world rather than pursuing a world of transcendental ideas, and therefore, it tends to be proactive in the world rather than exhibit a passive tendency to be worldliness. In conclusion, the truth of Daesoon Thought, which is characterized by the Great Opening of the Later World, contains a future-oriented outlook that longs for a Nextopia full of hope and promise rather than idealistic fancy towards a Utopia or well-founded dread and disdain towards Dystopia.

Conflicts and Tasks of the Right of Legal Interpretation of National People's Congress of China and the Basic Law System of Hong Kong (중국 전국인민대표대회의 법률해석권과 홍콩 보통법체계의 충돌과 과제)

  • 김준영
    • Journal of Sinology and China Studies
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    • v.81
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    • pp.227-256
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    • 2019
  • Hong Kong's protests, which began in June 2019 with Anti-Extradition Bill Protests, have already lasted for months, and the demonstrations have a significant impact on China and Hong Kong as a whole. The protests began in opposition to the Hong Kong government's revision of the extradition bill, but in substance, it has a strong nature as a test of China's "One Country Two Systems" policy. Since the establishment of the Hong Kong Special Administrative District on July 1, 1997, the primary legal norm between China and Hong Kong is the Basic Law of Hong Kong. However, conflicts of legal standards have occurred frequently due to the difference between socialism and the capitalist legal system, and there has been a continuous controversy over the interpretation of the Basic Law of Hong Kong. Moreover, the core of the legal conflict between China and Hong Kong has always been China's "One Country Two Systems" policy. This paper examined the issues related to the "Right of Legal Interpretation" of Standing Committee of the National People's Congress, the characteristics and interpretation rights of the Basic Law of Hong Kong, the direct election system of the administrative minister, the implementation of the universal suffrage, and the legislative issues of the application of Article 23 of the Hong Kong Basic Law. Furthermore, this paper also investigated the laws and systems newly introduced by China to solve these legal conflicts. The integration of the legal system of the divided state is a complicated process beyond the combination of the legal system by integrating the multiple legal systems that have separated for a long time under heterogeneous political, economic, and social networks. Moreover, the adjustment and integration of various legal systems under the premise of a single Constitution is the starting point for the actual inclusion of various fields after the unification as well as unification process and provides a basis for achieving full integration. Therefore, the unification of the divided countries should be the first step in a long journey toward becoming a practical one, not a goal itself. It is crucial to reduce trial and error and cost, and achieve stable unification in our unification process in Korea, by learning lessons from the contradictions and conflicts that appear in the "One Country Two Systems" unification between China and Hong Kong.

A Study on Effects of Application of Nursing Process by Nursing Profess notes.(School of nursing) (간호기록지를 통해서 본 간호과정 적용효과에 관한 연구(간호전문대학을 중심으로))

  • 최상순;조희숙;백승남
    • Journal of Korean Academy of Nursing
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    • v.11 no.2
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    • pp.55-68
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    • 1981
  • The prime object of the study is to evaluate how much all the students of the Nursing Schools throughout the nation are in comprehension toward the application of nursing process to clinical experience as means of systematic solution of nursing problems. An effort has been made to find out the actual state whether they are in practice of clinical experience in accordance with application of nursing process, over the period of four weeks managing from December 1st to 28th, 1980 and centering on 36 nursing schools, and meanwhile and evaluation, employing the assessment tool used by Bertuccietal, has been made on the nursing process notes recorded by 200 senions out of 21 nursing schools where application of nursing process to clinical experience being in practice. The assessment tool is composed of 5 different criteria in view of patient nursing and authors made an attempt to find out the result of clinical experience on application students in accordance with 5 different scoring criteria and further evaluating all the findings thereof. The findings were disposed of accordance with practice duration and criteria of the specific sudents subject to this finding as to verify the scoring difference in significance and of which the results are as follows: 1) as of now, in 21 (58.2%) out of 36 nursing Schools nursing process in being appliced in clinical experience. 2) Schools that started the application of nursing process to clinical experience amount to - for more than 4 yrs -6 (28.6%) - for 2 to 3 yrs-11s(52.4%) - for 1 yr -4 (19.0%) 3) As for the response upon application of nursing process. To clinical etperience, the largest voice (61.9%) heard was that it is rather difficult beyond the lecturing thereof, to practically apply it outs patients and the second voice (19.1%) turned out to be that it is hard to put in practice owing to uninformed nurses of the process serving in the clinical field. 4) The response. Of the processors assigned to instruction as to the most difficult problem in criteria of nursing process, the largest voice (38.2%) centered on the problem assessment while the second voice (17.7%) on the indirect nursing activity and the objective data respectively and considered to be the easiest was the indirect nursing activity (11.7%). 5) In order for a satisfactory. application of nursing process to clinical experience hence-forth, it has been pointed out that sufficient number of nurses should be supplemented in clinical field (44.1%) and at the same time supplementory education (35.3%) centered around professors be necessary. 6) Of the criteria that record result of nursing process, a significant difference in comprehension of subjective and objective data has been revealed according to the degree of the practice duration of application to clinical experience. For instance, while although poor it may seen, only 74.9% in subjective data and 71.1% in objective data represent the student group in practice for more than 4 years and only 56.3% in subjective data and 66.8% in objective data represent the student group in practice for 2 to 3 years but they still surpass in comprehension over the student group in practice for 1 year attaning only 19.6% in subjective data and 16.8% in objective data (P < 0.005). 7) As for problem assessment, the student group who started application of nursing process for 4 years stand for 37,7% the group for 2 to 3 years started for 25.3% and the group for 1 year started for 5.4%, revealing no significant difference according to duration (P < 0.5) and as poor as to indicate only 22.8% on an overage is in comprehension. 8) On direct and indirect nursing activity, the student group of for more than 4 years in appling nursing process (representing 49.5% in direct nursing activity, 21.4% in indirect nursing activity). Know more about it than the student group of for 2 to 3 years (representing 36.3% in direct nursing activity, 20.8% in indirect nursing activity) but revealed no significant difference. (P < 0.5) 9) The student group applying nursing process for more than 4 years subjective data (74.9%) comprehend were more than objective data (71.1%) but shown no significant difference (P < 0.5). 10) However, the student group applying nursing process for 2 to 3 years comprehend objective data (66.8%) well ever subjective data (55.5%) indicating that 40.9% in average is in comprehension, thereby revealing a significant difference (P < 0.005). 11) On the other hand, the student group applying nursing process to clinical experience for 1 year had revealed themselves as poorly as to comprehend only 11.7% are an average of it, revealing no significant difference (P < 0.5). In consequence of the fore going, I the conductor of the present study, hereby suggest the following points: 1) Application of nursing process to clinical experience be practiced in all the Nursing Schools all over the nation at the earliest possible date in order that scientific nursing be prevailed (as of now only 58.0%), 2) In teaching nursing process, it is desirable to teach specific method of applying to practical clinical situations. 3) In order to meet the end of satisfactory application of nursing process to clinical experience, sufgecient nursing man power be sysplemented in clinical field and at the save time supplementary education by professors is necessary. 4) Sinces the students whose application duration of nursing process to clinical experience is longer comprehend more about it, it is reguired that the schools not yet in practice of the application be promptlyurged to follow. 5) Of the criteria recording nursing process, since it is comparatively hard to comprehend“assessment”and“Direct and indirect nursing activity”, a concentrated instruction is desirable. 6) The students whose duration of application of nursing process to clinical experience falls short of 1 years be put in a concentrated guidance program on individual criterion.

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A Study on the Timing and Method of the Final Price of Air Ticket in Computerised Booking System (인터넷 항공권 예약시스템에서의 '최종가격' 표시시기와 방법 - 2015년 1월 15일 EU사법재판소 C-573/13 판결을 중심으로 -)

  • Sur, Ji-Min
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.327-353
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    • 2017
  • The issue submitted to the Court of Justice on the merits of case C---573/13 originated from a claim brought in the context of a dispute between Air Berlin and the German Federal Union of Consumer Organisations and Associations. The challenge concerned the way in which air fares were displayed in Air Berlin's computerised booking system. The system was organised in such a way that, after selecting a date and a departure airport, one would find all possible flight connections in a summary table. However, the final price of the ticket was displayed only for the clicked connection, and not for all connections, thus preventing customers from being able to compare such price with the prices of other connections. The German Federal Union took the view that this practice did not meet the requirements laid down by Article 23 of Regulation (EC) No. 1008/2008, which requires transparency in the prices set for air services. This led the German State to bring an injunctive action to cause Air Berlin to discontinue said practice. The claim was upheld at both the application and appeal stage of the relevant proceedings. Subsequently, Air Berlin submitted the matter to the German Federal High Court, which decided to stay the proceedings and ask for a preliminary ruling from the Court of Justice as to 1. whether Article 23 of Regulation (EC) No. 1008/2008 must be interpreted as meaning that, during the computerised booking process, the final price to be paid must be indicated at all times when prices of air services are shown, including when they are shown for the first time; and 2. whether, during the computerised booking process, the final price must be indicated only for the air service specifically selected by the customer or for each air service shown. In a nutshell, the Court, by the here---discussed judgment determined that Article 23 of Regulation (EC) No. 1008/2008 must be interpreted as meaning that, in the context of a computerised air ticket booking system, the final price to be paid must be indicated not only for the air service specifically selected by the customer, but also for each air service in respect of which the fare is shown. Clearly the above judgment will place air companies under an obligation to update and adjust (when needed) their computerised ticket booking and payment systems, in consideration of the primary need for consumers to be aware at all times of the actual price payable for a ticket and be able to compare the price of the service selected with the prices for other air services in respect of which the fare is shown.

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