• Journal of Sasang Constitutional Medicine
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• v.16 no.2
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• pp.71-83
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• 2004

1. Objectives The purpose of nursing is to promote health and well-being for all persons. It is connected with Sasang Constitution theory have regard for viewpoint by other's a special quality & individual difference. A nursing is helping behavior to recover health, disease protection & self care ability through health education. There is need for Oriental nursing research continually. 2. Methods This study attempted to develop a fundamental nursing theory for Sasang Constitution on the focus "Dongyi Soose Bowon Sasang Chobongyun". Because the book is important to understand Lee Je-ma's early medical mind and thinking. 3. Results and Conclusions The Sasang Constitution theory lay great emphasis upon health caring medicine to promote health according to self Constitution at normal times, preventive medicine to manage byself body and mind in ordinary times. The way of Sasang Constitutional Nursing Theory is expected to set up a landmark stone in Korean nursing. It is also can product a new nursing theory. In view of 'Nature and Order' is explained inborned general human being who were gifted from nature. On the other hand, in view of 'Knowledge and Deed' based on Constitutions are explained autonomical human being. There are depend on independant control and make efforts themselves or not. It have a connected in four paradigm (human- environment-health- nursing) of nursing theory. The history taking stage claim caring of sick-people before. The ways of assesment for sick-people have to know a process of illness.

• SUVANNABHUMI
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• v.12 no.2
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• pp.157-200
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• 2020

This paper explores critically and historically some of the popular academic views concerning the development of the study of Southeast Asia through the lens of the contributions of particular scholars and institutions. Within the broad field of Southeast Asian Studies the focus is on the disciplines of geography, history and ethnology. There are certain views concerning the development of scholarship on Southeast Asia which continue to surface and have acquired, or are in the process of acquiring "mythical" status. Among the most enduring is the claim that the region is a post-Second World War construction primarily arising from Western politico-strategic and economic preoccupations. More specifically, it is said that Southeast Asian Studies for a considerable period of time has been subject to the American domination of this field of scholarship, located in programs of study in such institutions as Cornell, Yale and California, Berkeley, and, within those institutions, focused on particular scholars who have exerted considerable influence on the directions which research has taken. Another is that, based on the model or template of Southeast Asian Studies (and other area studies projects) developed primarily in the USA, it has distinctive characteristics as a scholarly enterprise in that it is multidisciplinary, requires command of the vernacular, and assigns special importance to what has been termed 'groundedness' and historical, geographical and cultural contextualization; in other words, a Southeast Asian Studies approach as distinct from disciplinarybased studies addresses local concerns, interests, perspectives and priorities through in-depth, on-the-ground, engaged scholarship. Finally, views have emerged that argue that a truly Southeast Asian Studies project can only be achieved if it is based on a set of locally-generated concepts, methods and approaches to replace Western ethnocentrism and intellectual hegemony.

• Korean journal of communication and information
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• v.27
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• pp.283-316
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• 2004

This study examines different news frames of local newspapers reporting the controversial 'Nu[lear Waste Site' issues which deeply split regions showing their intention to bid for the state affair. Three local papers were analyzed for this study, "Gwang-Ju-Il-bo" "Mae-il-sin-mun" and "Jun-buk-il-bo." Overall, the three local papers displayed widely divergent main news frames on the same issue. Firstly, "Gwang-Ju-Il-bo", and "Mae-il-sln-mun" showed the strong tendency of using 'counter frame' while "Jun-buk-il-bo" exhibited 'loral development frame'. Secondly, "Gwang-Ju-Il-bo", and "Mae-il-sin-mun" were frequently headlined 'Nuclear Waste Site', while "Jun-buk-il-bo" carried headlines 'Radioactive Waste Management Facility' overwhelmingly more often than the other two papers, indicating that headline key words are closely associated with the configuration of news frames. Thirdly, the main news frames remained consistent for "Gwang-Ju-Il-bo", and "Mae-il-sin-mun" even after the government's report about the possible connection of 'ion-beam irradiation-accelator' and 'Nuclear Waste Site.' On the other hand, "Jun-buk-il-bo" was significantly less headlined 'Nuclear Waste Site' while significantly more headlined "Radioactice Waste Management Facility." "Jun-Buk-il-bo" which is in stark contrast to the other two papers changed in its tone by increasing the 'local development frame' with decrease in the 'counter frame.' The "Jun-buk-il-bo"'s more frequent use of 'Radioactive Waste Management Facility' as a headline than "Nuclear Waste Management Equipment" is seen as its attempt to minimize negative image of Nuclear Waste and to promote favorable public opinion by highlighting aspects of economic benefits and the local development the construction would brind about. The major findings of this study further support the claim that media overage ends up a reality. The fact that Buan in Jun-buk Province made a successful bid for the construction is not a coincidence.

• Journal of Arbitration Studies
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• v.12 no.2
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• pp.263-302
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• 2003

Since new Korean arbitration law was modeledafter UNCITRAL Model Law on International Commercial Arbitration Law, the judicial review on the arbitral award is at most limited to fundamental procedural justice. Thus, drafting valid arbitration clause is paramount important to enforce arbitral awards in the new legal environment. A losing party in arbitral process would often claim of the invalidity of arbitration agreement to challenge the arbitral award. Especially, the validity of arbitration clause in the construction contracts is often challenged in Korean courts. This is because the construction contracts usually include selective arbitration agreement in multi-tiered dispute resolution clause that is drafted ambiguous or uncertain. In this paper selective arbitration agreement means a clause in a contract that provides that party may choose arbitration or litigation to resolve disputes arising out of the concerned contract. On the hand multi-tiered dispute resolution clause means a clause in a contract that provides for distinct stages such as negotiation, mediation or arbitration. However, Korean courts are not in the same position on the validity of selective arbitration agreementin multi-tiered dispute resolution clause. Some courts in first instance recognized its validity on the ground that parties still intend to arbitrate in the contract despite the poor drafted arbitration clause. Other courts reject its validity on the ground that parties did not intend to resort to arbitration only with giving up their right to sue at courts to resolve their disputes by choosing selective arbitration agreement. Several cases are recently on pending at the Supreme Courts, which decision is expected to yield the court's position in uniform way. Having reviewed recent Korean courts' decisions on validity and applicability of arbitration agreement, this article suggests that courts are generally in favor of arbitration system It is also found that some courts' decisions narrowly interpreted the concerned stipulations in arbitration law despite they are in favorable position to the arbitration itself. However, most courts in major countries broadly interpret arbitration clause in favor of validity of selective arbitration agreement even if the arbitration clause is poorly drafted but parties are presume to intend to arbitrate. In conclusion it is desirable that selective arbitration agreement should be interpreted favorable to the validity of arbitration agreement. It is time for Korean courts to resolve this issue in the spirit of UNCITRAL model arbitration law which the new Korean arbitration law is based on.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.261-301
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• 2016

Recently the abusive calls on on-demand bonds have been a critical issue among many engineering and construction companies in Korea. On-demand bond is referred to as an independent guarantee in the sense that the guarantee is independent from its underlying contract although it was issued based on such underlying contract. For this reason, the issuing bank is not required to and/or entitled to look into whether there really is a breach of underlying contract in relation to the call on demand-bonds. Due to this kind of principle of independence, the applicant has to run the risk of the on demand bond being called by the beneficiary without due grounds. Only where the call proves to be fraudulent or abusive in a very clear way, the issuing bank would not be obligated to pay the bond proceeds for the call on on-demand bonds. In order to prevent the issuing bank from paying the proceeds under the on-demand bond, the applicant usually files with its competent court an application for injunction prohibiting the beneficiary from calling against the issuing bank. However, it is in practice difficult for the applicant to prove the beneficiary's call on the bond to be fraudulent since the courts in almost all the jurisdictions of advanced countries require very strict and objective evidences such as the documents which were signed by the owner (beneficiary) or any other third party like the engineer. There is another way of preventing the beneficiary from calling on the bond, which is often utilized especially in the United Kingdom or Western European countries such as Germany. Based upon the underlying contract, the contractor which is at the same time the applicant of on-demand bond requests the court to order the owner (the beneficiary) not to call on the bond. In this case, there apparently seems to be no reason why the court should apply the strict fraud rule to determine whether to grant an injunction in that the underlying legal relationship was created based on a construction contract rather than a bond. However, in most jurisdictions except for United Kingdom and Singapore, the court also applies the strict fraud rule on the ground that the parties promised to make the on-demand bond issued under the construction contract. This kind of injunction is highly unlikely to be utilized on the international level because it is very difficult in normal situations to establish the international jurisdiction towards the beneficiary which will be usually located outside the jurisdiction of the relevant court. This kind of injunction ordering the owner not to call on the bond can be rendered by the arbitrator as well even though the arbitrator has no coercive power for the owner to follow it. Normally there would be no arbitral tribunal existing at the time of the bond being called. In this case, the emergency arbitrator which most of the international arbitration rules such as ICC, LCIA and SIAC, etc. adopt can be utilized. Finally, the contractor can block the issuing bank from paying the bond proceeds by way of a provisional attachment in case where it also has rights to claim some unpaid interim payments or damages. This is the preservative measure under civil law system, which the lawyers from common law system are not familiar with. As explained in this article, it is very difficult to block the issuing bank from paying in response to the bond call by the beneficiary even if the call has no valid ground under the underlying construction contract. Therefore, it is necessary for the applicants who are normally engineering and construction companies to be prudent to make on-demand bonds issued. They need to take into account the creditability of the project owner as well as trustworthiness of the judiciary system of the country where the owner is domiciled.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.43 no.2
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• pp.239-247
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• 2023

The FIDIC Red Book is an international standard contract condition in which the Employer designs and the Contractor performs the construction. The Engineer of FIDIC Red Book shall agree or determine any matter or Claim in accordance with Sub-Clause 3.7 neutrally, not as an agent of the Employer. This study aimed to derive Key Risk Sub-Clauses out of 49 Sub-Clauses that the Engineer of FIDIC Red Book recently revised in 18 years shall agree or determine according to Sub-Clause 3.7 using the Delphi method. A panel of 35 experts with more than 10 years of experience and expertise in international construction contracts was formed, and through total three Delphi surveys, errors and biases were prevented in the judgment process to improve reliability. As for the research method, 49 Sub-Clauses that engineers shall agree on or determine according to Sub-Clause 3.7 of the FIDIC Red Book were investigated through the analysis of contract conditions. In order to evaluate the probability and impact of contractual risk for each 49 Sub-Clause, the Delphi survey conducted repeatedly a closed-type survey three times on a Likert 10-point scale. The results of the first Delphi survey were delivered during the second survey, and the results of the second survey were delivered to the third survey, which was re-evaluated in the direction of increasing the consensus of experts' opinions. The reliability of the Delphi 3rd survey results was verified with the COV value of the coefficient of variation. The PI Risk Matrix was applied to the average value of risk probability and impact of each of the 49 Sub-Clauses and finally, 9 Key Risk Sub-Clauses that fell within the extreme risk range were derived.

• Journal of architectural history
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• v.10 no.3 s.27
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• pp.7-23
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• 2001

We Koreans are very proud of this nation's cultural history over some five millenniums. But most of the relics found in the nation date back up to two thousand years. Under this circumstance, we are wondering the gap and missing of three thousand years. In our traditional literature of history, [Chiwoo] was a military god of supreme dignity and virtue. He was a symbol of brave and strong warriors and since the antiquity, he has been kept alive deeply in the mind of the Korean race. Considering findings through this study, the researcher could provide a conclusion as described below. 1) The name of Paekje's designed tiles was initially made by a Japanese scholar who had first found the antique relic. According to studies by a few of Korean researchers, the name is usually called despite its relation with a historical background of the excavated objects has not been fully studied. 2) After the patterned objects of the Korean antique Kingdom, Japanese researchers reported that [Chiwoo] was a military god as exorcist and probably represented something in the form of a ghost, although there were arguments that the military god was the very being to influence the image of the ghost. This report suggests that the Japanese community didn't downgrade the military god onto the level of a ghost. 3) One of our antique nations, Paekje at that time sought to determine the origin and culture of the Koreans by making multiple exchange relations with China, and probably accepting cultures of the Chinese Han nation and those of the Chinese South and North Dynasty period. Based on findings from a relevant literature, [Sulyigi], people of Paekje attempted to show express the image of Chiwoo in their own unique ways and then deliver the strong bravery of [Chiwoo] to us, or their descendents. This can explain that those findings as above mentioned are consistent with the designed tiles of Paekje, and that the tiles should not be named as the design of ghost. 4) The designed tiles involved elements of Taoism and Buddhism and substantially considered the spirit of four gods which was mobilized for the tomb construction and selection at that time. But this should never be a reason why all of the horned figures seen in tomb wall paintings are collectively treated as ghosts. 5) From the view of historic literature, we can no doubt say that the Heavenly Emperor [Chiwoo] was our ancestor. It is not better to say that the relic stuffs as excavated should be referred to the design of ghost image only in that they have yet to be associated historically with other relics. This claim would be newly changed as it becomes clear with historical remains that our antique ancestors kept doing positive activities along the coast of the antique kingdom, Balhae.

• Journal of Korean Tunnelling and Underground Space Association
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• v.4 no.4
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• pp.277-286
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• 2002

Most of the problems in dealing with the tunnel construction are the uncertainties and complexities of the stress conditions and rock strengths in ahead of the tunnel excavation. The limitations on the investigation technology, inaccessibility of borehole test in mountain area and public hatred also restrict our knowledge on the geologic conditions on the mountainous tunneling area. Nevertheless an extensive and superior geophysical exploration data is possibly acquired deep within the mountain area, with up to the tunnel locations in the case of alternative design or turn-key base projects. An appealing claim in the use of artificial neural networks (ANN) is that they give a more trustworthy results on our data based on identifying relevant input variables such as a little geotechnical information and biological learning principles. In this study, error back-propagation algorithm that is one of the teaching techniques of ANN is applied to presupposition on Rock Mass Ratings (RMR) for unknown tunnel area. In order to verify the applicability of this model, a 4km railway tunnel's field data are verified and used as input parameters for the prediction of RMR, with the learned pattern by error back propagation logics. ANN is one of basic methods in solving the geotechnical uncertainties and helpful in solving the problems with data consistency, but needs some modification on the technical problems and we hope our study to be developed in the future design work.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.29-60
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• 2010

The incentive and reasons to publish FIDIC Conditions of Contract for Design, Build and Operate Projects(DBO Form) are manifold. It is partly a response to the increasing need for sophisticated project delivery methods in both the public and private sectors and the already widespread use of the FIDIC Yellow Book with operation and maintenance obligations and partly a response to the challenge to decrease maintenance cost to a minimum by means of a new procurement route. As a result, FIDIC has developed a new model form to meet this market place requirement. On the other hand, FIDIC did not simply adapt the Yellow Book but has developed a new form from it, whilst preserving the style of the already known FIDIC Forms and maintaining the wording where it was not necessary to change it for the purposes of a DBO Form. Moreover DBO Form fills up supposed gaps in other FIDIC Forms and ameliorates the claim management and dispute management framework. FIDIC DBO approach may be shortly summarized as follows. First, DBO Form provides for single project responsibility. Second, DBO Form has the clear objective of ensuring the use of a most reliable and efficient technology at the lowest life-cycle cost. Third, DBO Form is intended to operate as an effective quality increase in the design and construction of projects. Fourth, DBO Form is intended to provide significant benefits with regard to system integration and reduction of risks. Fifth, DBO Form accelerates and enhances completion schedule compliance. Sixth, DBO takes care of all three supporting pillars of sustainability(including economical, environmental and social elements). DBO Form is obviously a good starting point for negotiations and the preparation of calls for tenders, thus saving the parties time and money. However, existing cultural and legal differences, particular local conditions and the particular needs of some branches of the industry may require the form to be adapted according to the particular needs of a project. And Civil law practitioners are strongly recommended to verify carefully the underlying legal concepts and background of each clause of the General Conditions in order to avoid unnecessary and sometimes unnatural changes and amendments being made. Note that when preparing the Particular Conditions ensure that terminology is consistent and that existing inherent concepts should not be ignored.

• Journal of Environmental Policy
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• v.7 no.3
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• pp.63-88
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• 2008

In this treatise I have advanced a theory to regulate legal problems rationally arising from a right to a view and I have checked some precedents dealing with the temporary injunction, compensation for damage and the demolition of a house(mainly apartment) owing to an infringement of a right to a view. Relating to an infringement of a right to a view, there are more lawsuits which are instituted together with an infringement of a right to enjoy sunshine than lawsuits related only to the right to a view. In the cases of an infringement of a right to a view connects with educational or religious environment, the court made it a decision that the construction is prohibited from constructing more than a certain-story building to protect a right to a view. Plaintiffs won a case their suit in the original judgement regarding a claim for damages owing to an infringement of a right to a view, but the Supreme Court reversed the decision of a lower court. The right to a sky view should not be infringed in case of a dwelling house which is not built for the purpose of business or a view.