• Korean Journal of Social Welfare
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• v.58 no.1
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• pp.395-423
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• 2006

The purpose of this study was to investigate the various contents of legal life's conflicts and constitutional applications by analysing on the constitutional judicial precedents regarding to social welfare law. The total cases of constitutional precedents are 62 totally, and 22 precedents among 62 are analysed through content analysis. These 22 constitutional precedents consist of nine cases of concerning Social Insurance Act, six cases in National Pension Act, two cases in National Basic Livelihood Protection Act and one cases in Social Welfare and Service Act. The major contents of these precedents are regarding to operational principles of social insurance system, rule of entitlements, benefits, social welfare organizations and the constitutional right such as property right, equal right, right of happiness. And also there are precedents to review how the rule of Act is interpreted or how the process of right protection is. Findings in this study show that Korean Constitutional Law has characteristics of welfare nationalism and social capital economics orientations, and sanctions legislation and administration discretion.

• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.295-329
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• 2012

A medical malpractice case requires special legal protection, considering its characteristics, such as seriousness and long term effects of its damages, medical information asymmetry between practitioners and patients, and difficulties in realization of liability. Taking the points above into consideration, Medical Malpractice Arbitration Act of 2012(MAA) has legislative intent to protect the rights of the injured from medical malpractice, while protecting the stability of medical practice by providing arbitration as an alternative dispute resolution. However, constitutional review is required for one new scheme of compensation for medical injuries during delivery, which is implemented in MAA of 2012, especially with regard to freedom to exercise occupation, property, equality under the Constitution. Two important aspects are 1. according to the law, absolute liability applies to compensation for damages during delivery without negligence of practitioners; and 2. the practitioner bears some portion of the cost, 30% in the law above. This article aims to analyze this new institution in various aspects of the Constitution, and, as a result, it does not comply with constitutional criteria.

• Journal of Sasang Constitutional Medicine
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• v.12 no.1
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• pp.157-172
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• 2000

The problem lies in Sasang-constitution-medicine is a subjectiveness of diagnosis that the result of diagnosis varies according to the doctors. In order to supplement to this demerit, multiple approach has done to diagnose objectively. This study has focused on evaluating the effectiveness and accuracy of the questionnaire which considered as a basic data to indentify constitution. By analysing the tendency of the respondents who has defined constitution by clinical diagnosis and comparing of their answers, the result of their constitution analysis by our questionnaire were re-examed. The answer of each question to each constitution were tested how it is relevent to a scale of a constitution. As a result, we have found that there is limitation to find out constitution by the questionnaire we used, one we hope that suitable questionnaire will be developed for the research in the future.

• Journal of Sasang Constitutional Medicine
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• v.20 no.2
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• pp.21-29
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• 2008

1. Objectives and Methods It has been examined 703 papers of Sasang Constitution Society published from 1989 to 2007. Among them, the study methods have been classified focused on 332 papers related to clinical research and the method of constitution diagnosis and subjects have been researched to research the reality of the clinical research of Sasang Constitutional Medicine. 2. Results 1. The rest studies are the most which can not be classified by existing study method among 332 clinical studies. 2. The study of patient control group is 17 cases and the clinical experiment is one case, so highly well-grounded studies have not been performed. 3. The most method of constitution diagnosis is the constitution diagnosis by experts and by QSCC. 4. The number of constitution diagnosis method performed in the research institution is within 2. They are 254 cases(89.5%). 5. The studies which utilize more than 3 constitution methods are 22 cases and the studies that use medical rash are 7cases(31.8) 6. The 215 cases that subjects are less than 100 are the most and 100${\sim}$500 subjects are 71 cases. 500${\sim}$10000 subjects are 33 cases and more than 1000 subjects are 15 cases. 3. Conclusions Therefore, it is needed to increase the rate of highly well-grounded studies and set the standard criteria by providing constitution diagnosis guideline.

• Journal of Sasang Constitutional Medicine
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• v.24 no.3
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• pp.50-59
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• 2012

Objectives In this research, the constitutional diagnosis based on the theory of Sasang constitutions were carried out to Japanese subjects living in Japan, and the external applicability of Sasang constitutional medicine was evaluated by analyzing the physiological symptoms and the pathological symptoms according to their constitutions. Methods Total 144 Japanese subjects who live in S city were invited from Mar. 2010 to Jul. 2011 for the research, and their constitutions were analyzed with constitution diagnosing tool that was developed by Korean institution of oriental medicine (KIOM) in 2011. The collected data was analyzed in terms of the physiological symptoms and the pathological symptoms according to the sasang constitutions with computer software of SPSS 17.0. Results In the physiological symptoms related to excrements, Soyangin more frequently did not have excrements of gold color (p=.034) and feel the tenesmus (p=.047) than the subjects of other constitutions. In the physiological symptoms related to cold & heat, Soyangin more frequently felt cold in feet and hands (p=.011), and Soeumin more frequently didn't like drinking water regardless of thirst (p=.017). In the physiological symptoms, Soyangin frequently felt dryness in eyes, and Taeumin frequently felt uncomfortable because of the phlegm. Conclusions The theory of Sasang constitution which is a Korean traditional medicine can also be applied to the health care of Japanese, and it can contribute to the health promotion of Japanese subjects.

• Journal of Korean Society of Archives and Records Management
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• v.18 no.1
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• pp.177-202
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• 2018

This study examined the characteristics of the records produced by the National Election Commission, which is designated as a constitutional institution in Korea, and derived problems by analyzing the status of its records management. This paper suggests improvement plans based on the findings. First, it investigated records and their features since the National Election Commission has been in service. The differences between works in the field and legislation were analyzed through literature surveys and staff interviews. The improvement plans were presented in terms of systems, facilities, human resources, and services. In particular, this study suggests focusing on the production of a large amount of the same records of the National Election Commission.

• Journal of Sasang Constitutional Medicine
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• v.34 no.1
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• pp.37-45
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• 2022

Objectives The purpose of this study was to reveal that Sasang constitution(SC) was associated with hypertension and pre-hypertension and could be a risk factor. Methods We introduced this study to educational personnel in D university in Daejeon, and 275 subjects joined this study. The SC classification was conducted with KS 15 questionnaire. The subjected measured the blood pressure with Jawon medical device automatically after 10 minute rest. The hypertension and pre-hypertension was classified by the guide of the Seventh Report of the Joint National Committee on Prevention, Detection, Evaluation, and Treatment of High Blood Pressure. The frequency analysis and T-test was used in general characteristics, and chi-square test was also used between SC and pre-hypertension and hypertension. Logistic regression was used to calculate the odds ratios (ORs) and 95% confidence interval (95% CI) for pre-hypertension and hypertension. Results The number of Taeeumin(TE), Soeumin(SE), and Soyangin(SY) was 142, 71, and 61 respectively. There was significantly different in systolic and diastolic blood pressure among SC types(p<.001). The distribution of the normal group, pre-hypertension and hypertension group by SC types was significantly different (p<.001). The ORs of TE was significantly increased (ORs 4.039, 95% CI=2.019-8.082 in pre-hypertension and ORs 4.235, 95% CI=1.581-11.348 in hypertension) compared with SE(p<.001), and after adjusting gender and smoking habit, it was still significantly different(p<.001). Conclusions It is possible that SC, especially TE could be a risk factor both pre-hypertension and hypertension.

• Korean Journal of Social Welfare
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• v.61 no.4
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• pp.35-59
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• 2009

This paper presents a formal model of social policy development. The model shows that the development of social policy depends both on the social policy preferences of voters and on the political institution which mediates the preferences of voters. In the direct democracy, median voter's social policy preference is critical because he is Condorcet winner in a pairwise vote. But in the representative democracy, political parties design social policy to win the support of a majority of voters. Hence, the political institution like electoral rule may affect social policy outcome. The model presented in this paper contrasts 3 alternative constitutional features and investigates how they affect social policy outcome. In result, this papers emphasizes that policy preferences of voters and political institution may be key variables to explain social policy development and divergence among welfare regimes.

• Korean Journal of Legislative Studies
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• v.15 no.1
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• pp.237-260
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• 2009

This article deals with the problem, of wether the change of party discourse influences the change of the political finance system and the change of political finance system again effects the political discourse. The political finance and state funding system for parties in Germany is a product of political debate and conflict from the 1960's to th 1990's. The introduction of the state funding system faced critical public opinion at the beginning, and the German parties have initiated a discourse building process as the initiator role and major actor. The state funding system for parties has changed three times and shows, how the constitutional interpretation became dominant in parliament and the constitutional court, which considers a party as a fundamental and essential institution in a democratic system.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.107-152
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• 2020

During the main ruling in 2019, a number of rulings that were of interest or meaningful were handed down, such as just because the complication of medical practice has occurred, there is no presumption of negligence, a case involving a fall accident in which a lot of culpability has recently been made. the death of a well-known singer that caused a sensation, a case about damages caused by MERS in 2015, which is more meaningful in connection with damages caused by COVID-19, an infectious disease that has recently hit the world, including Korea. In preaching the principles of the law, just because there has been a complication caused by medical practice, there is no presumption of negligence, 'The scope of the complication without presumption of negligence' was determined differently by the court, the court was not able to specify the criteria. Specific circumstances were presented to limit the responsibility of the medical institution while acknowledging the malpractice of the medical institution in relation to the fall accident. In relation to the scope of damages, judgment was made on issues related to the calculation of lost profits of medical malpractice; criteria for determining celebrities' daily income, criteria for determining daily income in case of receiving survivor's pension due to medical accident, an incident in which the daily income is denied if the labor capacity is already lost at the time of a medical accident. But, it seems that judgments should be made based on clearer and more reasonable standards. Related to Medical Advertise, specific logic of judgment was presented as to whether it was interpreted as being in accordance with the specific prohibition listed in Article 27 paragraph 3 of the Medical Law, which is the criterion for violation of the Medical Law, or if it constitutes a significant harm to the order of the medical market. In response to the prohibition of operating the multiple medical institutions, the Constitutional Court decided that it was constitutional because it did not violate the regulations on excessive funding, and rationally limited the scope of the prohibited 'redundant operation'. The Supreme Court ruled for the first time that even a medical institution established and operated in violation of the Medical Service Act did not make it impossible to receive all medical care benefits implemented by a medical institution under the National Health Insurance Act. Significant rulings were finalized that recognized the existence of specific protection obligations for the people of the country in the management of infectious diseases.