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Administrative Legislation Procedures, Pre-Notices, Listening to Opinions under the Administrative Law of the United States - Focusing on the Analysis of the 2019 Ruling, Federal Supreme Court Azar v. Allina Health Service, 587 U.S. 1804 - (미국 행정법상 행정입법절차와 사전통지, 의견청취 - Azar v. Allina Health Service, 587 U.S. 1804 2019 판결에 대한 분석을 중심으로 -)

  • Kim, Yong-Min
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.187-220
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    • 2020
  • Today, administrative legislation is becoming more and more important in that it not only sets the legal life relationship of the people in great detail and detail, but is closely related to the occurrence, extinction, and alteration of rights and obligations held by prisoners. In the United States, the types of administrative legislation are divided into substantive and interpretative regulations, so-called substantive regulations, which give prior notice and opportunity to comment on interested parties through formal or informal administrative procedures in accordance with Article 553 of the Federal Administrative Procedures Act. On the other hand, the interpretation regulation, which is "the regulation established by the Administration for the simple interpretation of statutes," does not require prior notice or comment because it does not affect the people's rights obligations. The Azar v. Allina Health Service, 587 U.S. 1804, 2019 ruling by the U.S. Constitutional Court, subject to this research paper, is about a dispute over a new decision to require Medicare to determine the amount of compensation for care providers that provide medical services for the poor, and should the regulations be regarded as substantive under the Administrative Procedures Act and should not be given a hearing or a simple internal process for processing. Given that the current administrative procedure law of our country stipulates the procedures for administrative pre-announcement through Articles 42.1 and 44.1, but that our courts have not judged violations of legislative pre-announcement procedures under the Administrative Procedures Act so far as to judge the illegality of administrative legislation, the dispute of the U.S. Constitutional Court will provide new implications for controlling legal orders beyond simple legal interpretation and has great significance in terms of readjustment of relevant regulations under future administrative procedures.

A Basie Health Survey of the Yonsei Community Health Service Area, Seoul (연세지역(延世地域)에 대(對)한 보건기초조사(保健基礎調査))

  • Yang, Jae-Mo;Kim, Myung-Ho
    • Journal of Preventive Medicine and Public Health
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    • v.1 no.1
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    • pp.25-36
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    • 1968
  • Introduction In order to improve medical education through the introduction of a concept of comprehensive health care of a community, an area surrounding the University Campus was chosen for the Community Health Service Project. It has been on operation for last 4 years with its major emphasis on family planning services, and maternal and child health care. The major objectives of this survey at the area are to obtain: 1) The demographic data, 2) The health need and trend of medical care, 3) The attitude and practice in maternity care to be used for further improvement of the planning and the services of the project. Population and Survey Method Out of three Dongs of the Community Health Service Area, only two Dongs namely Changchun and Yonhee were selected for the survey. Total number of households and population in the area studied was 3,683 and 21,857 respectively. An interview was performed with questionnaire schedule which was recorded by interviewers. This includes the degree of utilization of health services provided by the Community Health Service Program such as family planning, prenatal care during their last pregnancy, delivery history and complications of the delivery as well as the incidence of illnesses in general. Prior to the interview, all interviewers were trained for interviewing technique for two days. The survey was carried out during the period from October December 1967. Results 1) Demographic Data : 41.3% of the population studied were children under age 15 and only 3.5% were over 60 years of age. Crude birth rate and crude death rate of this area studied during the period of November 1966-October 1967 were 20.5 and 7.7 respectively. Infant mortality rate during the same period was 35.9. 50.4% of the 2,832 households fell into the category of middle class, 39.8% to the lower class and 9.5% to the upper class in economic condition. 19.8% of 2,832 householders had no formal education, 22.7% primary school, and 57.5% middle or higher school education. 2) Health Status and Utilization of the Community Health Service: Those who suffered from many illnesses during the month of October, 1967 were 690(4.6% of 14,891 persons). Classification of these patients into the type of disease shown respiratory diseases 27.4%, gastrointestinal diseases 18.1%, tuberculosis 10.9%, skin and genitourethral diseases 4.5% and gynecologic patients 4.5%. Only 55.9% of the patients received medical care at hospital or doctor's clinic. But among TB and gynecologic patients, 70.7% and 72.4% were treated at medical facilities. 10.6% of 2,832 householders interviewed has ever utilized the Community Health Service Program provided by the Yonsei Medical School, Classifying these clients into the type of service, 35.9% utilized the wellbaby clinic, 31.0% the family planning clinic, 14.7% the home delivery care, and the rest utilized other services such as the premarital guidance cinlic and the sanitary inspection service. 3) Maternity Care: 23.6% of 2,151 deliveries were done at medical facilities such as hospital, private clinic, while 76.4% were done at home. Acceptance rate of prenatal care was 32.6% as whole, but 49.6 of 774 women who had the prenatal care service had their deliveries at medical facility. 45.1% of total deliveries were attended by medical and or paramedical personnel. 75.8% of the deliveries of those received prenatal care were attended by medical and or paramedical personnel while only 27.8% of the deliveries of those who did not have prenatal care attended by medical and or paramedical personnel. 49.8% of deliveries of the upper class, 29.8% of the middle class and 9.9% of the lower class were attended by medical and or paramedical personnel. 6.2, 3.3% and 24.8% of mothers reported about their xeperience of edema, coma and fever during the period of trimester of pregnancy and puerperium. 4) Family Planning: The rate of practice of family planning was 27.9%. 31.7% of them were by IUD, 2.9% by oral pill, 15.2% by sterilization and the rest by traditional methods. Those women who had 3 to 4 children had highest(30.2%). Practice rate among the various methods of family planning, oral pill was the most popular method to whom had 2 or less children. In relation between the practicing rate of family planning and living standard, the upper, middle and lower class practiced 37.5, 29.4 and 19.9% respectively.

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Knowledge and Attitude of the Workers and the Health Personnel on the Health Management in Kyung-In Area (경인지역 일부 근로자와 보건담당자의 보건관리에 대한 인식 및 태도)

  • Chang, Seong-Sil;Lee, Se-Hoon
    • Journal of Preventive Medicine and Public Health
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    • v.27 no.1 s.45
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    • pp.145-158
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    • 1994
  • This study was performed to investigate the knowledge and attitude of workers in small scale industries on health management, and to provide the basic data for more effective service by the group occupational health service system. The knowledge and attitude of 247 workers and 46 health personnel in the industries scattered around Incheon were investigated from December 1992 to February 1993. The results were summerized as follows ; 1. There were significant differences between the workers and the health personnel by age, sex, marriage status, job-position and education level. 2. The recognition level of the workers to contract work related disease was significantly higher than that of health personnel, and recognition level of the workers on environmental hazards and on the utility of measuring hazards were lower than that of health personnel. 3. The recognition level on the content of the group occupational health service system was significantly different between workers and health personnel, 72.6% of the responses from the workers answered that they did not know what the group occupational healthe service system was, but 82.2% of the responses from the health personnel answered that they knew well what it was. And 79.0% of all respondents thought it was necessary for worker's health. 4. Seventy three percent of the respondents from the workers indicated that they had never taken health education. However, 93.0% of all respondents answered positively for the need of health education to promote their health. 5. Current health service system was judged to be insufficient for the demand of workers for better health. Most of the respondents prefered a formal but flexible health service system and they wanted the periodic health examination to be followed up. It was revealed that despite of poor knowledge, the demand of workers for health service was higher than the current supply. Therefore, this study suggests that educating both health personnel and workers to obtain correct knowledge on the hazards to work enviroment and health management is needed for effective occupational health service.

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An Empirical Study on the Importance of Psychological Contract Commitment in Information Systems Outsourcing (정보시스템 아웃소싱에서 심리적 계약 커미트먼트의 중요성에 대한 연구)

  • Kim, Hyung-Jin;Lee, Sang-Hoon;Lee, Ho-Geun
    • Asia pacific journal of information systems
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    • v.17 no.2
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    • pp.49-81
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    • 2007
  • Research in the IS (Information Systems) outsourcing has focused on the importance of legal contracts and partnerships between vendors and clients. Without detailed legal contracts, there is no guarantee that an outsourcing vendor would not indulge in self-serving behavior. In addition, partnerships can supplement legal contracts in managing the relationship between clients and vendors legal contracts by itself cannot deal with all the complexity and ambiguity involved with IS outsourcing relationships. In this paper, we introduce a psychological contract (between client and vendor) as an important variable for IS outsourcing success. A psychological contract refers to individual's mental beliefs about his or her mutual obligations in a contractual relationship (Rousseau, 1995). A psychological contract emerges when one party believes that a promise of future returns has been made, a contribution has been given, and thus, an obligation has been created to provide future benefits (Rousseau, 1989). An employmentpsychological contract, which is a widespread concept in psychology, refers to employer and employee expectations of the employment relationship, i.e. mutual obligations, values, expectations and aspirations that operate over and above the formal contract of employment (Smithson and Lewis, 2003). Similar to the psychological contract between an employer and employee, IS outsourcing involves a contract and a set of mutual obligations between client and vendor (Ho et al., 2003). Given the lack of prior research on psychological contracts in the IS outsourcing context, we extend such studies and give insights through investigating the role of psychological contracts between client and vendor. Psychological contract theory offers highly relevant and sound theoretical lens for studying IS outsourcing management because of its six distinctive principles: (1) it focuses on mutual (rather than one-sided) obligations between contractual parties, (2) it's more comprehensive than the concept of legal contract, (3) it's an individual-level construct, (4) it changes over time, (5) it affects organizational behaviors, and (6) it's susceptible to organizational factors (Koh et al., 2004; Rousseau, 1996; Coyle-Shapiro, 2000). The aim of this paper is to put the concept, psychological contract commitment (PCC), under the spotlight, by finding out its mediating effects between legal contracts/partnerships and IS outsourcing success. Our interest is in the psychological contract commitment (PCC) or commitment to psychological contracts, which is the extent to which a partner consistently and deeply concerns with what the counter-party believes as obligations during the IS project. The basic premise for the hypothesized relationship between PCC and success is that for outsourcing success, client and vendor should continually commit to mutual obligations in which both parties believe, rather than to only explicit obligations. The psychological contract commitment playsa pivotal role in evaluating a counter-party because it reflects what one party really expects from the other. If one party consistently shows high commitment to psychological contracts, the other party would evaluate it positively. This will increase positive reciprocation efforts of the other party, thus leading to successful outsourcing outcomes (McNeeley and Meglino, 1994). We have used matched sample data for this research. We have collected three responses from each set of a client and a vendor firm: a project manager of the client firm, a project member from the vendor firm with whom the project manager cooperated, and an end-user of the client company who actually used the outsourced information systems. Special caution was given to the data collection process to avoid any bias in responses. We first sent three types of questionnaires (A, Band C) to each project manager of the client firm, asking him/her to answer the first type of questionnaires (A).

Features of sample concepts in the probability and statistics chapters of Korean mathematics textbooks of grades 1-12 (초.중.고등학교 확률과 통계 단원에 나타난 표본개념에 대한 분석)

  • Lee, Young-Ha;Shin, Sou-Yeong
    • Journal of Educational Research in Mathematics
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    • v.21 no.4
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    • pp.327-344
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    • 2011
  • This study is the first step for us toward improving high school students' capability of statistical inferences, such as obtaining and interpreting the confidence interval on the population mean that is currently learned in high school. We suggest 5 underlying concepts of 'discretion of contingency and inevitability', 'discretion of induction and deduction', 'likelihood principle', 'variability of a statistic' and 'statistical model', those are necessary to appreciate statistical inferences as a reliable arguing tools in spite of its occasional erroneous conclusions. We assume those 5 concepts above are to be gradually developing in their school periods and Korean mathematics textbooks of grades 1-12 were analyzed. Followings were found. For the right choice of solving methodology of the given problem, no elementary textbook but a few high school textbooks describe its difference between the contingent circumstance and the inevitable one. Formal definitions of population and sample are not introduced until high school grades, so that the developments of critical thoughts on the reliability of inductive reasoning could not be observed. On the contrary of it, strong emphasis lies on the calculation stuff of the sample data without any inference on the population prospective based upon the sample. Instead of the representative properties of a random sample, more emphasis lies on how to get a random sample. As a result of it, the fact that 'the random variability of the value of a statistic which is calculated from the sample ought to be inherited from the randomness of the sample' could neither be noticed nor be explained as well. No comparative descriptions on the statistical inferences against the mathematical(deductive) reasoning were found. Few explanations on the likelihood principle and its probabilistic applications in accordance with students' cognitive developmental growth were found. It was hard to find the explanation of a random variability of statistics and on the existence of its sampling distribution. It is worthwhile to explain it because, nevertheless obtaining the sampling distribution of a particular statistic, like a sample mean, is a very difficult job, mere noticing its existence may cause a drastic change of understanding in a statistical inference.

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The Current Status of Utilization of Palliative Care Units in Korea: 6 Month Results of 2009 Korean Terminal Cancer Patient Information System (말기암환자 정보시스템을 이용한 우리나라 암환자 완화의료기관의 이용현황)

  • Shin, Dong-Wook;Choi, Jin-Young;Nam, Byung-Ho;Seo, Won-Seok;Kim, Hyo-Young;Hwang, Eun-Joo;Kang, Jina;Kim, So-Hee;Kim, Yang-Hyuck;Park, Eun-Cheol
    • Journal of Hospice and Palliative Care
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    • v.13 no.3
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    • pp.181-189
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    • 2010
  • Purpose: Recently, health policy making is increasingly based on evidence. Therefore, Korean Terminal Cancer Patient Information System (KTCPIS) was developed to meet such need. We aimed to report its developmental process and statistics from 6 months data. Methods: Items for KTCPIS were developed through the consultation with practitioners. E-Velos web-based clinical trial management system was used as a technical platform. Data were collected for patients who were registered to 34 inpatient palliative care services, designated by Ministry of Health, Welfare, and Family Affairs, from $1^{st}$ of January to $30^{th}$ of June in 2009. Descriptive statistics were used for the analysis. Results: From the nationally representative set of 2,940 patients, we obtained the following results. Mean age was $64.8{\pm}12.9$ years, and 56.6% were male. Lung cancer (18.0%) was most common diagnosis. Only 50.3% of patients received the confirmation of terminal diagnosis by two or more physicians, and 69.7% had an insight of terminal diagnosis at the time of admission. About half of patients were admitted to the units on their own without any formal referral. Average and worst pain scores were significantly reduced after 1 week when compared to those at the time of admission. 73.4% faced death in the units, and home-discharge comprised only 13.3%. Mean length of stay per admission was $20.2{\pm}21.2$ days, with median value of 13. Conclusion: Nationally representative data on the characteristics of patients and their caregiver, and current practice of service delivery in palliative care units were obtained through the operation of KTCPIS.

A study on the menarche of middle school girls in Seoul (여학생의 초경에 관한 조사 연구 (서울시내 여자중학생을 대상으로))

  • Kim, Mi-Hwa
    • Korean Journal of Health Education and Promotion
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    • v.1 no.1
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    • pp.21-36
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    • 1983
  • It is assumed that menarche is affected not only by the biological factors such as nutrition and genetic heritage, but also it is affected by other socio-cultural environmental factors including weather, geographic location, education and level of modernization. Also recent trend of menarche in Korea indicates that a lot of discussion are being generated to the need of sex education as a part of formal school education. The purpose of this study is to develop the school health education program by determine the age of menarche, the factors relavant to time of menarche and psycho-mental state of students at the time in menarche and investigate the present state of school health education relate to menarche of adolescents. The total number of 732 girls was drown from first, second and third grades of 4 middle schools in Seoul. For the data collection the survey was conducted during the period from May 1 to May 20, 1982 by using prepared questionair. The major results are summarized as follow; 1. Mean age at menarche and the percent distribution of menarche experienced. It was observed that about 68.7% of sampled students have been experienced menarche at the time interviewed. For the each group, age at menarche is revealed that among the students about 37.8% are experienced menarche for under 12 years old group, 62.1% for 13 year-old group, 80.6% for 14 year-old group and 95.5% for over 15 years old. In sum it was found that the mean age at menarche was 12.3 years old, ranged from age at 10 as earlist the age at 15 as latest. 2. Variables associated with age at menarche. 1) There was tendency those student who belong to upper class economic status have had menarche earlier than those student who belong to lower class. Therefore, economic status is closely related to age at menarche. 2) In time of mother's education level, it is also found that those students whose mother's education levels from high school and college are experienced menarche earlier than those students whose mother's education levels from primary school and no-education. 3) However, in connection with home discipline, there was no significant relationship between age at menarche and home disciplines which are being treated "Rigid", "Moderated ", "Indifferent". 4) Degree of communication between parents and daughter about sex matters was found to be associated each others in determination of age at menarche. 5) It was found that high association between mother's menarche age and their daughter's menarche age was observed. Mother's age at menarche earlier trend to be shown also as earlier of their daughters. 6) Those students belong to "D & E" of physical substantiality index are trend to be earlier in menarche than those students in the index "A & B". 3. Psycho-mental state at the time of menarche. Out of the total students 68.2% had at least one or more than one of subjective symptoms. Shyness was shown as most higher prevalent symptom and others are fear, emotional instability, unpleasant feeling, depression, radical behavior, inferior complex and satisfaction appeared. Very few cases are appeared be guilty and stealing feeling. 4. The present status of school health education program related to menarche. As to the source of information about menarche, teacher was a main source with average index 5.88 and the other informants were mother & family member, friends, books and magagines, movies, television, and radio. For the problem solving at menarche, mother & family members were subject to discussion with an average index 6.02 as high. The others for discuss and knowledge about menarche were books, magagine, friends, teachers, and self-learning based on own experienced. The time of learning about menarche, it was learned as highest percentage with 43.2% at a 6 grades of primary school, middle school with 34.4%, 5 grade of primary school with 18.2%, and 4 grade of primary school with 4.0% respectively.

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A Critical Approach on Environmental Education Biased to Environmental Possibilism - From Clearing up the Cause to Problem-Solving Mechanism - (환경관리주의 환경교육에 대한 비판적 고찰 - 원인규명에서 해결기제로의 전환을 위하여 -)

  • Kim, Tae-Kyung
    • Hwankyungkyoyuk
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    • v.18 no.3 s.28
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    • pp.59-74
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    • 2005
  • We can't deny Korean EE has basically developed on the basis of Environmental Possibilism (Environmental management or Reformism) in lots of aspects. I would show three representative proofs here, the first, the philosophy of Korean EE has been mainly focused on dichotomy of human-techno centrism and eco-centrism with no considering other alternative environmentalism since 4th Formal Curriculum, 1981. The second, simultaneously, the concept of EE has not distinguished from it of Science education. (Furthermore, unfortunately some says EE has been a part of Science education, although there should be many differences on its contextual aspect.) And the third one is that the limit of possibilism which market economists have worried, has scarcely mentioned in various kinds of EE-related teaching materials. Possibilism is basically likely to be accompanied by science and economics-oriented approach, and in this aspect this dichotomy, human-techno centrism and eco-centrism, has come from perspectives of Economical development process and over-addicted belief to Science. So it is enough to say that Korean EE has basically developed with biased to Environmental possibilism, in other words, biased to preference to it. And I'll critically focus on these two axes of possibilism, Science and Economics and its dichotomy. Of course, we should accept there are so many same parts in its contents between EE and Science, but we should know its contextual differences for triangular position of environmentalism suitable to EE and also overcome science-dependant approach to EE. Although science-dependant approach to EE and dichotomy could provide some tools for clearing up the causes of environmental problem, especially always it has insisted fundamental causes of environmental problem originated in human faults and over-use of eco-source or over-economic development, but now it is old-fashioned discourse, furthermore it come to have unavoidable limits in the debates of problem-solving mechanism to environmental problems. The paramount important thing is to supply the ways or thoughtful mechanism for solving or coordinating the Environmental problems, not just searching for cause of it. But scientific approach and its dichotomy based on possibilism have continuously born cause & effect in EE-related discourse. So there are so much needs to transfer from continuous bearing of cause & effect to constructive alternatives at least in environmentalism of EE. Traditionally, dichotomical division in EE Environmentalism, human-techno centrism and eco-centrism, couldn't have Provided any answers to our real society, it just gives us only cause & effects of Environmental problems. And also we can't find the description on the limits of capitalism market approach to Environmental problems especially in Korean EE text books, other teaching materials and its teaching-learning process, although market approach economist has been proved its fault beyond its functional merits as Environmental management tools. So we should introduce other alternative Environmental philosophy instead of Possibilism such as eco-socialism insisted by Schmacher M. and Boochin etc, or marxist-environmentalism for relative and comparative views to market-thought such as commodification. In this aspect we need to accept Oriental philosophy based on moderation(中庸) as new another alternatives with the reflection that we have recognized monism as representative Oriental philosophical environmentalism. Fundamentally monism has done its role with providing relative concepts to Dichotomy Enlightenment, but we can't say it has been core concept for understanding of oriental environmentalism, and we can't distinguish monism from oriental philosophy itself, just because oriental thought itself was basically monism. So conceptual difference should be recognized between EE and Science education in teaching-learning process on the basis of life-philosophy(Philosophie des Lebens) from epistemology. For this transformation, we should introduce existentialism in Science education, in other words, only existential Science education based on phenomenology or interpretivism can be EE. And simultaneously we need some ways for overcoming of scientific foundationalism which has been tradition making science not stand on existentialism, formulating and featuring of almost all of natural things and its phenomenon from after enlightenment in western world, but it has malfunctioned in fixing conception of science just into essentialism itself. And we also introduce integrated approach to science and society for EE like STS. Those are ways for overcoming of Environmental possibilism in EE.

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Bachelard's Theory of Imagination and the Philosophical Bases of Creativity (바슐라르의 상상력 이론과 창의력의 철학적 기초)

  • Yoo, Kyoung-Hoon
    • Journal of Gifted/Talented Education
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    • v.19 no.3
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    • pp.603-646
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    • 2009
  • This paper explores in depth Gaston Bachelard's theory of imagination so as to establish the philosophical bases of creativity. While he had begun his studies on imagination to eliminate unreliable subjectivity hampering objectivity of philosophy of science, he was fascinated to become a philosopher of imagination by its unlimited power. Since his theory of imagination marked a prominent spot in the history of Western idea, this paper will seek its significant implications that will also shed light on the philosophical grounds of creativity. The best way to approach his theory is to differentiate whether imagination is the power of forming images or that of transforming them. If not misguided by surface simplicity of the aforementioned differentiation, it will be revealed that it has accrued strata in the history of Western idea. The power of forming images is related to theory of mimesis or of representation, and to ocularcentric and logo-centric structures. Bachelard strongly opposes to the theory of imagination as power of forming images, since, if it is so, its expansion and development are not possible. He thereby constructs the theory of imagination as power of transforming images. The force of movement lies at the core of his theory. Imagination as an ability to intuit movement is directly related to the problem of change in the history of Western idea. If an entity is incessantly changes itself, it becomes a crucial role of imagination to capture the force perse in the perpetual movement without distortedly and abruptly fixing it at a still point of time and space. Bachelard criticizes such a method that makes movement a controllable entity consisting of partitioned moments of space; instead, he constructs theory of imagination that reveals the true power of indispensable movement. Furthermore, it will be revealed that Bachelard's theory has more affinities with Kantian imagination and reflective judgement of aesthetics than the past researches on Bachelard showed. This paper, by means of the above investigation, will transcend the superficiality of defining what are Bachelard's formal, material, and dynamic imaginations; simultaneously, it will bear philosophical conditions of possibility that makes us experience imagination fully. These conditions also become the philosophical foundations of creativity. It will draw to a provisional close its imaginative journey of everlasting movement by making ontological and ethical dimensions of imagination and creativity.

Beginning of the Meteorological Satellite: The First Meteorological Satellite TIROS (기상위성의 태동: 최초의 기상위성 TIROS)

  • Ahn, Myoung-Hwan
    • Atmosphere
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    • v.22 no.4
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    • pp.489-497
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    • 2012
  • Recently released a top secret document explicitly shows that the early development plan for an earth observation satellite in the USA has a hidden and more important purpose for a concept of 'free space' than the scientific purpose. At that time, the hidden and secret concept imbedded within the early space development plan prevail other national policies of the USA government for purpose of the national security. Under these circumstances, it is quite reasonable to accept a possibility that the meteorological satellites which play a key role in the every area of meteorology and climatology was also born for the hidden purposes. Even it is so, it is quite amazing that the first meteorological satellite is launched in the USA despite of the facts that the major users of the meteorological satellites were not very enthusiastic with the meteorological satellite and the program was not started as a formal meteorological satellite project. This was only possible because of the external socio-political impact caused by the successful launch of the Russian Sputnik satellite and a few key policy developers who favored the meteorological satellite program. It is also interesting to note that the beginning of the first Korean meteorological satellite program was initiated by a similar socio-political influence occurred by the launch of a North Korean satellite.