• 제목/요약/키워드: Instrument system

검색결과 1,595건 처리시간 0.036초

아시아 주요국가(主要國家)들에 있어서의 바르샤바 체제(體制)의 적용실태(適用實態)와 전망(展望) (The Current Status of the Warsaw Convention and Subsequent Protocols in Leading Asian Countries)

  • 이태희
    • 항공우주정책ㆍ법학회지
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    • 제1권
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    • pp.147-162
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    • 1989
  • The current status of the application and interpretation of the Warsaw Convention and its subsequent Protocols in Asian countries is in its fredgling stages compared to the developed countries of Europe and North America, and there is thus little published information about the various Asian governments' treatment and courts' views of the Warsaw System. Due to that limitation, the accent of this paper will be on Korea and Japan. As one will be aware, the so-called 'Warsaw System' is made up of the Warsaw Convention of 1929, the Hague Protocol of 1955, the Guadalajara Convention of 1961, the Guatemala City Protocol of 1971 and the Montreal Additional Protocols Nos. 1,2,3 and 4 of 1975. Among these instruments, most of the countries in Asia are parties to both the Warsaw Convention and the Hague Protocol. However, the Republic of Korea and Mongolia are parties only to the Hague Protocol, while Burma, Indonesia and Sri Lanka are parties only to the Warsaw Convention. Thailand and Taiwan are not parties only to the convention or protocol. Among Asian states, Indonesia, the Phillipines and Pakistan are also parties to the Guadalajara Convention, but no country in Asia has signed the Guatemala City Protocol of 1971 or the Montreal Additional Protocols, which Protocols have not yet been put into force. The People's Republic of China has declared that the Warsaw Convention shall apply to the entire Chinese territory, including Taiwan. 'The application of the Warsaw Convention to one-way air carriage between a state which is a party only to the Warsaw Convention and a state which is a party only to the Hague Protocol' is of particular importance in Korea as it is a signatory only to the Hague Protocol, but it is involved in a great deal of air transportation to and from the united states, which in turn is a party only to the Warsaw Convention. The opinion of the Supreme Court of Korea appears to be, that parties to the Warsaw Convention were intended to be parties to the Hague Protocol, whether they actually signed it or not. The effect of this decision is that in Korea the United States and Korea will be considered by the courts to be in a treaty relationship, though neither State is a signatory to the same instrument as the other State. The first wrongful death claim in Korea related to international carriage by air under the Convention was made in Hyun-Mo Bang, et al v. Korean Air Lines Co., Ltd. case. In this case, the plaintiffs claimed for damages based upon breach of contract as well as upon tort under the Korean Civil Code. The issue in the case was whether the time limitation provisions of the Convention should be applicable to a claim based in tort as well as to a claim based in contract. The Appellate Court ruled on 29 August 1983 that 'however founded' in Article 24(1) of the Convention should be construed to mean that the Convention should be applicable to the claim regardless of whether the cause of action was based in tort or breach of contract, and that the plaintiffs' rights to damages had therefore extinguished because of the time limitation as set forth in Article 29(1) of the Convention. The difficult and often debated question of what exactly is meant by the words 'such default equivalent to wilful misconduct' in Article 25(1) of the Warsaw Convention, has also been litigated. The Supreme Court of Japan dealt with this issue in the Suzuki Shinjuten Co. v. Northwest Airlines Inc. case. The Supreme Court upheld the Appellate Court's ruling, and decided that 'such default equivalent to wilful misconduct' under Article 25(1) of the Convention was within the meaning of 'gross negligence' under the Japanese Commercial Code. The issue of the convention of the 'franc' into national currencies as provided in Article 22 of the Warsaw Convention as amended by the Hague Protocol has been raised in a court case in Korea, which is now before the District Court of Seoul. In this case, the plaintiff argues that the gold franc equivalent must be converted in Korean Won in accordance with the free market price of gold in Korea, as Korea has not enacted any law, order or regulation prescribing the proper method of calculating the equivalent in its national currency. while it is unclear if the court will accept this position, the last official price of gold of the United States as in the famous Franklin Mint case, Special Drawing Right(SDR) or the current French franc, Korean Air Lines has argued in favor of the last official price of gold of the United States by which the air lines converted such francs into us Dollars in their General Conditions of Carriage. It is my understanding that in India, an appellate court adopted the free market price valuation. There is a report as well saying that if a lawsuit concerning this issue were brought in Pakistan, the free market cost of gold would be applied there too. Speaking specifically about the future of the Warsaw System in Asia though I have been informed that Thailand is actively considering acceding to the Warsaw Convention, the attitudes of most Asian countries' governments towards the Warsaw System are still wnot ell known. There is little evidence that Asian countries are moving to deal concretely with the conversion of the franc into their own local currencies. So too it cannot be said that they are on the move to adhere to the Montreal Additional Protocols Nos. 3 & 4 which attempt to basically solve many of the current problems with the Warsaw System, by adopting the SDR as the unit of currency, by establishing the carrier's absolute liability and an unbreakable limit and by increasing the carrier's passenger limit of liability to SDR 100,000, as well as permiting the domestic introduction of supplemental compensation. To summarize my own sentiments regarding the future, I would say that given the fact that Asian air lines are now world leaders both in overall size and rate of growth, and the fact that both Asian individuals and governments are becoming more and more reliant on the global civil aviation networks as their economies become ever stronger, I am hopeful that Asian nations will henceforth play a bigger role in ensuring the orderly and hasty development of a workable unified system of rules governing international commercial air carriage.

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고려.조선시대의 수학과 사회 (Mathematics and Society in Koryo and Chosun)

  • 정지호
    • 한국수학교육학회지시리즈A:수학교육
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    • 제24권2호
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    • pp.48-73
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    • 1986
  • Though the tradition of Korean mathematics since the ancient time up to the 'Enlightenment Period' in the late 19th century had been under the influence of the Chinese mathematics, it strove to develop its own independent of Chinese. However, the fact that it couldn't succeed to form the independent Korean mathematics in spite of many chances under the reign of Kings Sejong, Youngjo, and Joungjo was mainly due to the use of Chinese characters by Koreans. Han-gul (Korean characters) invented by King Sejong had not been used widely as it was called and despised Un-mun and Koreans still used Chinese characters as the only 'true letters' (Jin-suh). The correlation between characters and culture was such that, if Koreans used Han-gul as their official letters, we may have different picture of Korean mathematics. It is quite interesting to note that the mathematics in the 'Enlightenment Period' changed rather smoothly into the Western mathematics at the time when Han-gul was used officially with Chinese characters. In Koryo, the mathematics existed only as a part of the Confucian refinement, not as the object of sincere study. The mathematics in Koryo inherited that of the Unified Shilla without any remarkable development of its own, and the mathematicians were the Inner Officials isolated from the outside world who maintained their positions as specialists amid the turbulence of political changes. They formed a kind of Guild, their posts becoming patrimony. The mathematics in Koryo significant in that they paved the way for that of Chosun through a few books of mathematics such as 'Sanhak-Kyemong', 'Yanghwi-Sanpup' and 'Sangmyung-Sanpup'. King Sejong was quite phenomenal in his policy of promotion of mathematics. King himself was deeply interested in the study, createing an atmosphere in which all the high ranking officials and scholars highly valued mathematics. The sudden development of mathematic culture was mainly due to the personality and capacity of king who took anyone with the mathematic talent into government service regardless of his birth and against the strong opposition of the conservative officials. However, King's view of mathematics never resulted in the true development of mathematics perse and he used it only as an official technique in the tradition way. Korean mathematics in King Sejong's reign was based upon both the natural philosophy in China and the unique geo-political reality of Korean peninsula. The reason why the mathematic culture failed to develop continually against those social background was that the mathematicians were not allowed to play the vital role in that culture, they being only the instrument for the personality or politics of the king. While the learned scholar class sometimes played the important role for the development of the mathematic culture, they often as not became an adamant barrier to it. As the society in Chosun needed the function of mathematics acutely, the mathematicians formed the settled class called Jung-in (Middle-Man). Jung-in was a unique class in Chosun and we can't find its equivalent in China or Japan. These Jung-in mathematician officials lacked tendency to publish their study, since their society was strictly exclusive and their knowledge was very limited. Though they were relatively low class, these mathematicians played very important role in Chosun society. In 'Sil-Hak (the Practical Learning) period' which began in the late 16th century, especially in the reigns of Kings Youngjo and Jungjo, which was called the Renaissance of Chosun, the ambitious policy for the development of science and technology called for. the rapid increase of he number of such technocrats as mathematics, astronomy and medicine. Amid these social changes, the Jung-in mathematicians inevitably became quite ambitious and proud. They tried to explore deeply into mathematics perse beyond the narrow limit of knowledge required for their office. Thus, in this period the mathematics developed rapidly, undergoing very important changes. The characteristic features of the mathematics in this period were: Jung-in mathematicians' active study an publication, the mathematic studies by the renowned scholars of Sil-Hak, joint works by these two classes, their approach to the Western mathematics and their effort to develop Korean mathematics. Toward the 'Enlightenment Period' in the late 19th century, the Western mathematics experienced great difficulty to take its roots in the Peninsula which had been under the strong influence of Confucian ideology and traditional Korean mathematic system. However, with King Kojong's ordinance in 1895, the traditional Korean mathematics influenced by Chinese disappeared from the history of Korean mathematics, as the school system was hanged into the Western style and the Western mathematics was adopted as the only mathematics to be taught at the Schools of various levels. Thus the 'Enlightenment Period' is the period in which Korean mathematics shifted from Chinese into European.

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합리성의 추구와 수학교육 (The Persuit of Rationality and the Mathematics Education)

  • 강완
    • 한국수학교육학회지시리즈A:수학교육
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    • 제24권2호
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    • pp.105-116
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    • 1986
  • For any thought and knowledge, its growth and development has close relation with the society where it is developed and grow. As Feuerbach says, the birth of spirit needs an existence of two human beings, i. e. the social background, as well as the birth of body does. But, at the educational viewpoint, the spread and the growth of such a thought or knowledge that influence favorably the development of a society must be also considered. We would discuss the goal and the function of mathematics education in relation with the prosperity of a technological civilization. But, the goal and the function are not unrelated with the spiritual culture which is basis of the technological civilization. Most societies of today can be called open democratic societies or societies which are at least standing such. The concept of rationality in such societies is a methodological principle which completes the democratic society. At the same time, it is asserted as an educational value concept which explains comprehensively the standpoint and the attitude of one who is educated in such a society. Especially, we can considered the cultivation of a mathematical thinking or a logical thinking in the goal of mathematics education as a concept which is included in such an educational value concept. The use of the concept of rationality depends on various viewpoints and criterions. We can analyze the concept of rationality at two aspects, one is the aspect of human behavior and the other is that of human belief or knowledge. Generally speaking, the rationality in human behavior means a problem solving power or a reasoning power as an instrument, i. e. the human economical cast of mind. But, the conceptual condition like this cannot include value concept. On the other hand, the rationality in human knowledge is related with the problem of rationality in human belief. For any statement which represents a certain sort of knowledge, its universal validity cannot be assured. The statements of value judgment which represent the philosophical knowledge cannot but relate to the argument on the rationality in human belief, because their finality do not easily turn out to be true or false. The positive statements in science also relate to the argument on the rationality in human belief, because there are no necessary relations between the proposition which states the all-pervasive rule and the proposition which is induced from the results of observation. Especially, the logical statement in logic or mathematics resolves itself into a question of the rationality in human belief after all, because all the logical proposition have their logical propriety in a certain deductive system which must start from some axioms, and the selection and construction of an axiomatic system cannot but depend on the belief of a man himself. Thus, we can conclude that a question of the rationality in knowledge or belief is a question of the rationality both in the content of belief or knowledge and in the process where one holds his own belief. And the rationality of both the content and the process is namely an deal form of a human ability and attitude in one's rational behavior. Considering the advancement of mathematical knowledge, we can say that mathematics is a good example which reflects such a human rationality, i. e. the human ability and attitude. By this property of mathematics itself, mathematics is deeply rooted as a good. subject which as needed in moulding the ability and attitude of a rational person who contributes to the development of the open democratic society he belongs to. But, it is needed to analyze the practicing and pursuing the rationality especially in mathematics education. Mathematics teacher must aim the rationality of process where the mathematical belief is maintained. In fact, there is no problem in the rationality of content as long the mathematics teacher does not draw mathematical conclusions without bases. But, in the mathematical activities he presents in his class, mathematics teacher must be able to show hem together with what even his own belief on the efficiency and propriety of mathematical activites can be altered and advanced by a new thinking or new experiences.

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고려.조선시대의 수학과 사회 (MATHEMATICS AND SOCIETY IN KORYO AND CHOSUN)

  • 정지호
    • 한국수학사학회지
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    • 제2권1호
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    • pp.91-105
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    • 1985
  • Though the tradition of Korean mathematics since the ancient time up to the "Enlightenment Period" in the late 19th century had been under the influence of the Chinese mathematics, it strove to develop its own independent of Chinese. However, the fact that it couldn't succeed to form the independent Korean mathematics in spite of many chances under the reign of Kings Sejong, Youngjo, and Joungjo was mainly due to the use of Chinese characters by Koreans. Han-gul (Korean characters) invented by King Sejong had not been used widely as it was called and despised Un-mun and Koreans still used Chinese characters as the only "true letters" (Jin-suh). The correlation between characters and culture was such that , if Koreans used Han-gul as their official letters, we may have different picture of Korean mathematics. It is quite interesting to note that the mathematics in the "Enlightenment Period" changed rather smoothly into the Western mathematics at the time when Han-gul was used officially with Chinese characters. In Koryo, the mathematics existed only as a part of the Confucian refinement, not as the object of sincere study. The mathematics in Koryo inherited that of the Unified Shilla without any remarkable development of its own, and the mathematicians were the Inner Officials isolated from the outside world who maintained their positions as specialists amid the turbulence of political changes. They formed a kind of Guild, their posts becoming patrimony. The mathematics in Koryo is significant in that they paved the way for that of Chosun through a few books of mathematics such as "Sanhak-Kyemong, "Yanghwi - Sanpup" and "Sangmyung-Sanpup." King Sejong was quite phenomenal in his policy of promotion of mathematics. King himself was deeply interested in the study, createing an atmosphere in which all the high ranking officials and scholars highly valued mathematics. The sudden development of mathematic culture was mainly due to the personality and capacity of King who took any one with the mathematic talent onto government service regardless of his birth and against the strong opposition of the conservative officials. However, King's view of mathematics never resulted in the true development of mathematics per se and he used it only as an official technique in the tradition way. Korean mathematics in King Sejong's reign was based upon both the natural philosophy in China and the unique geo-political reality of Korean peninsula. The reason why the mathematic culture failed to develop continually against those social background was that the mathematicians were not allowed to play the vital role in that culture, they being only the instrument for the personality or politics of the King. While the learned scholar class sometimes played the important role for the development of the mathematic culture, they often as not became an adamant barrier to it. As the society in Chosun needed the function of mathematics acutely, the mathematicians formed the settled class called Jung-in (Middle-Man). Jung-in was a unique class in Chosun and we can't find its equivalent in China of Japan. These Jung-in mathematician officials lacked tendency to publish their study, since their society was strictly exclusive and their knowledge was very limited. Though they were relatively low class, these mathematicians played very important role in Chosun society. In "Sil-Hak (the Practical Learning) period" which began in the late 16th century, especially in the reigns of King Youngjo and Jungjo, which was called the Renaissance of Chosun, the ambitious policy for the development of science and technology called for the rapid increase of the number of such technocrats as mathematicians inevitably became quite ambitious and proud. They tried to explore deeply into mathematics per se beyond the narrow limit of knowledge required for their office. Thus, in this period the mathematics developed rapidly, undergoing very important changes. The characteristic features of the mathematics in this period were: Jung-in mathematicians' active study an publication, the mathematic studies by the renowned scholars of Sil-Hak, joint works by these two classes, their approach to the Western mathematics and their effort to develop Korean mathematics. Toward the "Enlightenment Period" in the late 19th century, the Western mathematics experienced great difficulty to take its roots in the Peninsula which had been under the strong influence of Confucian ideology and traditional Korean mathematic system. However, with King Kojong's ordinance in 1895, the traditonal Korean mathematics influenced by Chinese disappeared from the history of Korean mathematics, as the school system was changed into the Western style and the Western matehmatics was adopted as the only mathematics to be taught at the schools of various levels. Thus the "Enlightenment Period" is the period in which Korean mathematics sifted from Chinese into European.od" is the period in which Korean mathematics sifted from Chinese into European.pean.

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호흡기능장애와 관련된 간호진단의 타당도 조사 (Validity of Nursing Diagnoses Related to Difficulty in Respiratory Function)

  • 김조자;이원희;유지수;허혜경;김창희;홍성경
    • 대한간호학회지
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    • 제23권4호
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    • pp.569-584
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    • 1993
  • This study was done to verify validity of nursing diagnoses related to difficulty in respiratory function. First, content validity was examined by an expert group considering the etiology and the signs / symptoms of three nursing diagnoses - ineffective airway clearance, ineffective breathing pattern, impaired gas exchange. Second, clinical validity was examined by comparing the frequencies of the etiologies and signs / symptoms of the three nursing diagnoses in clinical case studies with the results of the content validity. This study was a descriptive study. The sample consisted of 23 experts (professors, head nurses and clinical instructors) who had had a variety of experiences using nursing diagnoses in clinical practice, and 102 case reports done by senior student nurses of the college of nursing of Y-university. These reports were part of their clinical practice in the ICU. The instrument used for this study was a checklist for etiologies and signs and symptoms based on the literature, Doenges and Moorhouse (1988), Kim, McFarland, McLane (1991), Lee Won Hee et al. (1987), Kim Cho Ja et at. (1988). The data was collected over four month period from May 1992 to Aug. 1992. Data were analyzed using frequencies done with the SPSS / PC+ package. The results of this study are summarized as follows : 1. General Characteristics of the Expert Group A bachelor degree was held by 43.5% and a master or doctoral degree by 56.5% of the expert group. The average age of the expert group was 35.3 years. Their average clinical experience was 9.3 years and their average experience in clinical practice was 5.9 years. The general characteristics of the patients showed that there were more women than men, that the age range was from 1 to over 80. Most of their medical diagnoses were diagnoses related to the respiratory. system, circulation or neurologic system, and 50% or more of them had a ventilator with intubation or a tracheostomy. The number of cases for each nursing diagnoses was : · Ineffective airway clearance, 92 cases. · Ineffective breathing pattern, 18 cases. · Impaired gas exchange, 22 cases. 2. The opinion of the expert group as to the classification of the etiology, and signs and symptoms of the three nursing diagnoses was as follows : · In 31.8% of the cases the classification of etiology was clear. · In 22.7%, the classification of signs and symptoms was clear. · In 17.4%, the classification of nursing interventions was clear. 3. In the expert group 80% or mere agreed to ‘dysp-nea’as a common sign and symptom of the three nursing diagnoses. The distinguishing signs and symptoms of (Ineffective airway clearance) were ‘sputum’, ‘cough’, ‘abnormal respiratory sounds : rales’. The distinguishing sings and symptoms of (Ineffective breathing pattern) were ‘tachypnea’, ‘use of accessory muscle of respiration’, ‘orthopnea’ and for (Impaired gas exchange) it was ‘abnormal arterial blood gas’, 4. The distribution of etiology, and signs and symptoms of the three nursing diagnoses was as follows : · There was a high frequency of ‘increased secretion from the bronchus and trachea’ in both the expert group and the case reports as the etiology of ineffective airway clearance. · For the etiologies for ineffective breathing pat-tern, ‘rain’, ‘anxiety’, ‘fear’, ‘obstructions of the tract, ca and bronchus’ had a high ratio in the ex-pert group and ‘decreased expansion of lung’ in the case reports. · For the etiologies for impaired gas exchanges, ‘altered oxygen -carrying capacity of the blood’ and ‘excess accumulation of interstitial fluid in lung’ had a high ratio in the expert group and ‘altered oxygen supply’ in the case reports. · For signs and symptoms for ineffective airway clearance, ‘dyspnea’, ‘altered amount and character of sputum’ were included by 100% of the expert group. ‘Abnormal respiratory. sound(rate, rhonchi)’ were included by a high ratio of the expert group. · For the signs and symptoms for ineffective breathing pattern. ‘dyspnea’, ‘shortness of breath’ were included by 100% of the expert group. In the case reports, ‘dyspnea’ and ‘tachypnea’ were reported as signs and symptoms. · For the sign and symptoms for impaired gas exchange, ‘hypoxia’ and ‘cyanosis’ had a high ratio in the expert group. In the case report, ‘hypercapnia’, ‘hypoxia’ and ‘inability to remove secretions’ were reported as signs and symptoms. In summary, the similarity of the etiologies and signs and symptoms of the three nursing diagnoses related to difficulty in respiratory function makes it difficult to distinguish among them But the clinical validity of three nursing diagnoses was established through this study, and at last one sign and symp-tom was defined for each diagnosis.

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인터넷 커뮤니티에서 사용자 참여가 밀착도와 지속적 이용의도에 미치는 영향 (A Study on the Effects of User Participation on Stickiness and Continued Use on Internet Community)

  • 고미현;권순동
    • Asia pacific journal of information systems
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    • 제18권2호
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    • pp.41-72
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    • 2008
  • The purpose of this study is the investigation of the effects of user participation, network effect, social influence, and usefulness on stickiness and continued use on Internet communities. In this research, stickiness refers to repeat visit and visit duration to an Internet community. Continued use means the willingness to continue to use an Internet community in the future. Internet community-based companies can earn money through selling the digital contents such as game, music, and avatar, advertizing on internet site, or offering an affiliate marketing. For such money making, stickiness and continued use of Internet users is much more important than the number of Internet users. We tried to answer following three questions. Fist, what is the effects of user participation on stickiness and continued use on Internet communities? Second, by what is user participation formed? Third, are network effect, social influence, and usefulness that was significant at prior research about technology acceptance model(TAM) still significant on internet communities? In this study, user participation, network effect, social influence, and usefulness are independent variables, stickiness is mediating variable, and continued use is dependent variable. Among independent variables, we are focused on user participation. User participation means that Internet user participates in the development of Internet community site (called mini-hompy or blog in Korea). User participation was studied from 1970 to 1997 at the research area of information system. But since 1997 when Internet started to spread to the public, user participation has hardly been studied. Given the importance of user participation at the success of Internet-based companies, it is very meaningful to study the research topic of user participation. To test the proposed model, we used a data set generated from the survey. The survey instrument was designed on the basis of a comprehensive literature review and interviews of experts, and was refined through several rounds of pretests, revisions, and pilot tests. The respondents of survey were the undergraduates and the graduate students who mainly used Internet communities. Data analysis was conducted using 217 respondents(response rate, 97.7 percent). We used structural equation modeling(SEM) implemented in partial least square(PLS). We chose PLS for two reason. First, our model has formative constructs. PLS uses components-based algorithm and can estimated formative constructs. Second, PLS is more appropriate when the research model is in an early stage of development. A review of the literature suggests that empirical tests of user participation is still sparse. The test of model was executed in the order of three research questions. First user participation had the direct effects on stickiness(${\beta}$=0.150, p<0.01) and continued use (${\beta}$=0.119, p<0.05). And user participation, as a partial mediation model, had a indirect effect on continued use mediated through stickiness (${\beta}$=0.007, p<0.05). Second, optional participation and prosuming participation significantly formed user participation. Optional participation, with a path magnitude as high as 0.986 (p<0.001), is a key determinant for the strength of user participation. Third, Network effect (${\beta}$=0.236, p<0.001). social influence (${\beta}$=0.135, p<0.05), and usefulness (${\beta}$=0.343, p<0.001) had directly significant impacts on stickiness. But network effect and social influence, as a full mediation model, had both indirectly significant impacts on continued use mediated through stickiness (${\beta}$=0.11, p<0.001, and ${\beta}$=0.063, p<0.05, respectively). Compared with this result, usefulness, as a partial mediation model, had a direct impact on continued use and a indirect impact on continued use mediated through stickiness. This study has three contributions. First this is the first empirical study showing that user participation is the significant driver of continued use. The researchers of information system have hardly studies user participation since late 1990s. And the researchers of marketing have studied a few lately. Second, this study enhanced the understanding of user participation. Up to recently, user participation has been studied from the bipolar viewpoint of participation v.s non-participation. Also, even the study on participation has been studied from the point of limited optional participation. But, this study proved the existence of prosuming participation to design and produce products or services, besides optional participation. And this study empirically proved that optional participation and prosuming participation were the key determinant for user participation. Third, our study compliments traditional studies of TAM. According prior literature about of TAM, the constructs of network effect, social influence, and usefulness had effects on the technology adoption. This study proved that these constructs still are significant on Internet communities.

무의미한 연명치료 중단 등의 기준에 관한 재고 - 대법원 2009.5.21 선고 2009다17417사건 판결을 중심으로 - (Review on the Justifiable Grounds for Withdrawal of Meaningless Life-sustaining Treatment -Based on a case of Supreme Court's Sentence No. 2009DA17417 (May 21, 2009)-)

  • 문성제
    • 의료법학
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    • 제10권2호
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    • pp.309-341
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    • 2009
  • According to a case of Supreme Court's Sentence No. 2009DA17417 (May 21, 2009), the Supreme Court judges that 'the right to life is the ultimate one of basic human rights stipulated in the Constitution, so it is required to very limitedly and conservatively determine whether to discontinue any medical practice on which patient's life depends directly.' In addition, the Supreme Court admits that 'only if a patient who comes to a fatal phase before death due to attack of any irreversible disease may execute his or her right of self-determination based on human respect and values and human right to pursue happiness, it is permissible to discontinue life-sustaining treatment for him or her, unless there is any special circumstance.' Furthermore, the Supreme Court finds that 'if a patient who is attacked by any irreversible disease informs medical personnel of his or her intention to agree on the refusal or discontinuance of life-sustaining treatment in advance of his or her potential irreversible loss of consciousness, it is justifiable that he or she already executes the right of self-determination according to prior medical instructions, unless there is any special circumstance where it is reasonably concluded that his or her physician is changed after prior medical instructions for him or her.' The Supreme Court also finds that 'if a patient remains at irreversible loss of consciousness without any prior medical instruction, he or she cannot express his or her intentions at all, so it is rational and complying with social norms to admit possibility of estimating his or her own intentions on withdrawal of life-sustaining treatment, provided that such a withdrawal of life-sustaining treatment meets his or her interests in view of his or her usual sense of values or beliefs and it is reasonably concluded that he or she could likely choose to discontinue life-sustaining treatment, even if he or she were given any chance to execute his or her right of self-determination.' This judgment is very significant in a sense that it suggests the reasonable orientation of solutions for issues posed concerning withdrawal of meaningless life-sustaining medical efforts. The issues concerning removal of medical instruments for meaningless life-sustaining treatment and discontinuance of such treatment in regard to medical treatment for terminal cases don't seem to be so much big deal when a patient has clear consciousness enough to express his or her intentions, but it counts that there is any issue regarding a patient who comes to irreversible loss of consciousness and cannot express his or her intentions. Therefore, it is required to develop an institutional instrument that allows relevant authority to estimate the scope of physician's medical duties for terminal patients as well as a patient's intentions to withdraw any meaningless treatment during his or her terminal phase involving loss of consciousness. However, Korean judicial authority has yet to clarify detailed cases where it is permissible to discontinue any life-sustaining treatment for a patient in accordance with his or her right of self-determination. In this context, it is inevitable and challenging to make better legislation to improve relevant systems concerning withdrawal of life-sustaining treatment. The State must assure the human basic rights for its citizens and needs to prepare a system to assure such basic rights through legislative efforts. In this sense, simply entrusting physician, patient or his or her family with any critical issue like the withdrawal of meaningless life-sustaining treatment, even without any reasonable standard established for such entrustment, means the neglect of official duties by the State. Nevertheless, this issue is not a matter that can be resolved simply by legislative efforts. In order for our society to accept judicial system for withdrawal of life-sustaining treatment, it is important to form a social consensus about this issue and also make proactive discussions on it from a variety of standpoints.

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Management of plant genetic resources at RDA in line with Nagoya Protocol

  • Yoon, Moon-Sup;Na, Young-Wang;Ko, Ho-Cheol;Lee, Sun-Young;Ma, Kyung-Ho;Baek, Hyung-Jin;Lee, Su-Kyeung;Lee, Sok-Young
    • 한국작물학회:학술대회논문집
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    • 한국작물학회 2017년도 9th Asian Crop Science Association conference
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    • pp.51-52
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    • 2017
  • "Plant genetic resources for food and agriculture" means any genetic material of plant origin of actual or potential value for food and agriculture. "Genetic material" means any material of plant origin, including reproductive and vegetative propagating material, containing functional units of heredity. (Internal Treaty on Plant Genetic Resources for Food and Agriculture, ITPGRFA). The "Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity (shortly Nagoya Protocol)" is a supplementary agreement to the Convention on Biological Diversity. It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources. The Nagoya Protocol on ABS was adopted on 29 October 2010 in Nagoya, Japan and entered into force on 12 October 2014, 90 days after the deposit of the fiftieth instrument of ratification. Its objective is the fair and equitable sharing of benefits arising from the utilization of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity. The Nagoya Protocol will create greater legal certainty and transparency for both providers and users of genetic resources by; (a) Establishing more predictable conditions for access to genetic resources and (b) Helping to ensure benefit-sharing when genetic resources leave the country providing the genetic resources. By helping to ensure benefit-sharing, the Nagoya Protocol creates incentives to conserve and sustainably use genetic resources, and therefore enhances the contribution of biodiversity to development and human well-being. The Nagoya Protocol's success will require effective implementation at the domestic level. A range of tools and mechanisms provided by the Nagoya Protocol will assist contracting Parties including; (a) Establishing national focal points (NFPs) and competent national authorities (CNAs) to serve as contact points for information, grant access or cooperate on issues of compliance, (b) An Access and Benefit-sharing Clearing-House to share information, such as domestic regulatory ABS requirements or information on NFPs and CNAs, (c) Capacity-building to support key aspects of implementation. Based on a country's self-assessment of national needs and priorities, this can include capacity to develop domestic ABS legislation to implement the Nagoya Protocol, to negotiate MAT and to develop in-country research capability and institutions, (d) Awareness-raising, (e) Technology Transfer, (f) Targeted financial support for capacity-building and development initiatives through the Nagoya Protocol's financial mechanism, the Global Environment Facility (GEF) (Nagoya Protocol). The Rural Development Administration (RDA) leading to conduct management agricultural genetic resources following the 'ACT ON THE PRESERVATION, MANAGEMENT AND USE OF AGRO-FISHERY BIO-RESOURCES' established on 2007. According to $2^{nd}$ clause of Article 14 (Designation, Operation, etc. of Agencies Responsible for Agro-Fishery Bioresources) of the act, the duties endowed are, (a) Matters concerning securing, preservation, management, and use of agro-fishery bioresources; (b) Establishment of an integrated information system for agro-fishery bioresources; (c) Matters concerning medium and long-term preservation of, and research on, agro-fishery bioresources; (d) Matters concerning international cooperation for agro-fishery bioresources and other relevant matters. As the result the RDA manage about 246,000 accessions of plant genetic resources under the national management system at the end of 2016.

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한 대학병원 응급실 내원환자의 방사선촬영 실태 (Radiographic Status of the Visited Patients at University Hospital Emergency Room)

  • 안병주
    • 한국방사선학회논문지
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    • 제5권2호
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    • pp.81-92
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    • 2011
  • 응급상황에서 방사선 촬영 분포 분석 및 문헌을 토대로 응급상황 대처 및 서비스 효율성을 개선시키기 위하여 연구를 하였다. 2010년 12월, 광주 광역시 한 대학병원에 응급실을 내원한 1270명 응급 외래환자를 분석하여 방사선 촬영 분포 데이터를 분석하였다. 결과는 다음과 같다. 응급 방사선 촬영은 56.6% 일반 방사선 촬영, 2.5% 특수촬영, CT 34.2%, 초음파 6.7%였으며, 일반 방사선 촬영에서 남성은 51.7%, 흉부외과의 촬영률 90.0%, 입원환자 77.9% 및 응급실에서 머무르는 시간이 긴 환자에게서 촬영하였다. 특수 촬영의 비율은, 비뇨기계 28.6%, CT에서는 신경외과 49.2%, 신경과 36.7%의 높은 비율을 나타냈다. 초음파의 경우 여성이 8.8%, 내과가 15.9% 비율을 나타냈다. 방사선 촬영의 분포도를 분석하면, 일반 방사선 촬영에서 흉부촬영 55.3%, 특수 촬영에서는 1.2%의 비뇨기계, CT에서는 두부 검사가 40.0%로 높은 비율을 차지했다. 일반 촬영의 진료과의 분포도에 따르면, 두부가 64.6% 신경외과, 흉부검사는 흉부외과는 90.9%, 복부가 58.0% 일반외과, 척추는 신경외과 40.0%, 골반 및 상하지는 정형외과가 15.9%, 20.5%, 31.8%를 차지하였다. 일반 촬영의 환자 1인당 평균검수는 전체 인원을 고려하여 성별, 연령별, 전원 여부별 모두에서 유의한 차이를 나타냈다(p<0.05). 촬영만을 고려한 경우에는 성별에서 남자가 2.2건 높았으며, 연령대에서는 30대에서 2.7건이, 진단부분에서는 신경외과가 3.4건이 더 높게 차지하였다. 전체 촬영 부위 건수에서는 흉부가 998건으로 가장 많았다. 결과를 고려해보면, 응급실에서 근무하는 방사선사는 응급 촬영에서 노년층을 돌봐야 하며, 촬영동안에 가능한 2차 손상을 특수 촬영인 비뇨기계 계통이 기구와 관련이 되어 있기 때문이다. 줄이기 위한 부상응급 환자를 검사하는 모든 방사선사는 방사선 촬영하는 동안에 긴급 상황에 대처해야 한다. 방지 대처가 필요하다. 왜냐하면, 특히 야간에 CT 촬영하는 두부 손상 환자는 환자 처치가 매우 중요하다. 담당 의사는 언제나 CT실에 상주하여 환자를 지켜봐야 한다. 응급실에서 방사선 촬영은 여러 진료과에서 관여 한다. 일반 방사선 촬영의 높은 비율, 응급 방사선 촬영에 대한 특수 촬영실이 응급실 내에 설치하여만 하고, 능력이 있는 응급 환자 처치를 할 수 있는 방사선사가 필요로 하고 응급환자 증가로 적절한 인원배치가 필요하다.

LC/TOFMS를 이용한 생체시료의 내인성 대사체 분석법 개발 (Method Development for the Profiling Analysis of Endogenous Metabolites by Accurate-Mass Quadrupole Time-of-Flight(Q-TOF) LC/MS)

  • 이인선;김진호;조수열;심선보;박혜진;이진희;이지현;황인선;김성일;이정희;조수연;최돈웅;조양하
    • 한국식품위생안전성학회지
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    • 제25권4호
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    • pp.388-394
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    • 2010
  • Metabolomics aims at the comprehensive, qualitative and quantitative analysis of wide arrays of endogenous metabolites in biological samples. It has shown particular promise in the area of toxicology and drug development, functional genomics, system biology and clinical diagnosis. In this study, analytical technique of MS instrument with high resolution mass measurement, such as time-of-flight (TOF) was validated for the purpose of investigation of amino acids, sugars and fatty acids. Rat urine and serum samples were extracted by selected each solvent (50% acetonitrile, 100% acetonitrile, acetone, methanol, water, ether) extraction method. We determined the optimized liquid chromatography/time-of-flight mass spectrometry (LC/TOFMS) system and selected appropriated columns, mobile phases, fragment energy and collision energy, which could search 17 metabolites. The spectral data collected from LC/TOFMS were tested by ANOVA. Obtained with the use of LC/TOFMS technique, our results indicated that (1) MS and MS/MS parameters were optimized and most abundant product ion of each metabolite were selected to be monitorized; (2) with design of experiment analysis, methanol yielded the optimal extraction efficiency. Therefore, the results of this study are expected to be useful in the endogenous metabolite fields according to validated SOP for endogenous amino acids, sugars and fatty acids.