• Title/Summary/Keyword: Legal Interest

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Application, Utilization and Management of Ozone Water in Food Manufacturing (식품 가공 공정에서의 오존수 관리 동향, 사용 실태 및 활용 방안)

  • Kim, Yong-Soo;Park, In-Sook;Kim, Ae-Young;Jeon, Kyoung-Min;Seo, Yu-Mi;Choi, Sung-Hee;Lee, Young-Ja;Choi, Hyoun-Chul;Jeon, Dae-Hoon;Kim, Hyoung-Il;Ha, Sang-Do
    • Journal of Food Hygiene and Safety
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    • v.23 no.2
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    • pp.98-107
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    • 2008
  • The ozone has the oxidizing power which is powerful the fluorine and the antimicrobial spectrum of wide scope. Researches were carried out to use the merits that ozone has in various fields including the food industry, and many studies are also conducted nowadays for more efficient use of ozone. The ozone was permitted legally as a food additive and was practically used in the United States, Australia, Japanese etc. In November 2007, ozone water was permitted as a food additive in Korea and the interest in the use of ozone water has been on the rise in the Korea's food industry. As a olisinfectant method, ozone has many advantages. The maintenance and management expenses of ozone are lower than the installation cost at early stages and no by-products are generated after use it compared to others. Recently the demand of ozone as a olisinfectant method is increasing drastically. Although ozone water is popularly used to sterilize raw foods like fruits, vegetables and meats, the cases are still limited and were verified by the survey results. However, the use of ozone water is gradually being increased and is focused on food services. Ozone water refers to a state where ozone is dissolved into water to more conveniently use ozone. Accordingly, ozone water should be managed in regards with the amount and time of water-dissolved ozone, and the control of discharged ozone concentration is required for safe use of ozone water. The items to control mentioned above are directly related to the performance of the devices, and therefore, it is required to newly establish the performance criteria of ozone water manufacturing devices.

Actual Status of and Measure for False Alarm of Electronic Security in Korea (한국 기계경비업무의 오경보 대응책)

  • Park, Dong-Kyun;Kim, Tae-Min
    • Korean Security Journal
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    • no.30
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    • pp.33-60
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    • 2012
  • False alarm of Electronic security causes various serious side effects such as decrease of electronic security guard's morale caused by unnecessary mobilization, increase of fatigue caused by workload increase, increase of electronic security company owner's management burden and decrease of electronic security service utilization rate caused by customer's distrust. Therefore, the study considered the Korean regulation related with false alarm of electronic security and proposed actual status of false alarm and measure for it. The study proposed systematic resolution assignments and political assignments in relation with the measure for false alarm. Systematic resolution assignments are as follows. First, electronic security company should construct electronic security system accurately from the initial step of security consulting and security planning related with target facility. Second, it is necessary to encourage installation and operation of video monitoring system. Third, sensor wiring should be separated. Fourth, the measures for false alarm depending on main system causes should be prepared. It is necessary to encourage the installation of 'arming disarming alarm sound' generator. In addition, the measures for false arm depending on the characteristics of sensor should be prepared and standardized. Fifth, system maintenance should be reinforced. Political assignments related with the measures for false alarm are as follows. First, it is necessary to reinforce education & training. Individual nurturing & education process should be run by electronic security company or the education focusing on the measure for false alarm should be performed in job training defined in "Security Industry Act". Second, it is necessary to establish and reinforce legal regulation and establish device. If police authority standardizes the documents related with false alarm, provides their forms and requires them for periodical reports or documents, it is expected that good measures for false alarm will be prepared on the basis of actual data in the future. Third, cooperation organization to discuss the measures for false alarm like 'Conference for False Alarm of Electronic Security' should be organized and operated. Fourth, interest and role of electronic security company and electronic security supervisor should be enlarged.

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A study on U.K.:s design education program of the Primary school (Centered on analysing program of study in the National curicurrum) (영국의 초등학교 디자인교육 프로그램에 관한 연구 -국가교육과정 학습프로그램 분석을 중심으로-)

  • Son, Yeoun-Suck
    • Archives of design research
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    • v.18 no.2 s.60
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    • pp.243-254
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    • 2005
  • Great Britain and the United States and Finland are having an interest in long policy subject about child design education through early design education. And they approaches and practices it systematically. The research about the design learning program instance of advanced nation of primary school's design education for various objective is necessary for use with the fundamental reference data for an elementary design education. And so, This research presented the program instance investigation and analysis result of British primary school's design education. U.K is teaching an primary design education from two subjects of Art & Design and Design and Technology which is a legal subject with national curriculum. The analysis result of design relation unit learning program of two subjects is: Design relation unit learning programs of 'Design and Technology' subject's 20 unit which except 4 food relation unit is largely scientific engineering contents that include utility function contents in part. The reason is as behavior styles based on Design process solve problems scientifically & rationally. Design relation 6 units in subject of Art & Design which except the units which relates with the pure fine arts and architecture in 19 units is aesthetic-symbolic and utility-functional contents largely. And so, the result was analyzed about relation of scientific-engineering content of 'Arts & Design' subject is insufficient comparing with 'Design and Technology' subject Specially, I think that the design relation's unit learning program instances of 'Design and Technology' subject of the British primary school which have been presented by this research paper is a possibility becoming one reference model for a program development. And so I expects that this research could be applied in the program development for the primary design education of primary teacher & education agency.

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A Comparative Study on the Recognition of Urban Agriculture between Urban Farmers and Public Officials (도시농업인과 공무원의 도시농업 인식 비교·평가)

  • Park, Won-Zei;Koo, Bon-Hak;Park, Mi-Ok;Kwon, Hyo-Jin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.4
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    • pp.90-103
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    • 2012
  • The aim of this study is to be able to understand the problems within the urban agriculture policy promoted by the Government and local autonomous entity base on the comparison of the consciousness of the urban agriculture between urban farmers and public officials and to inquire into the further revitalization scheme in the end. For this purpose, this study drew implications through studying latest trend and the legislation of domestic and foreign urban agriculture and then conducted a questionnaire survey of urban farmers and public officials. Because of this research, the revitalization schemes of urban agriculture are as follows: First, it's necessary to secure the usable arable land, such as the green roof, community garden, as well as urban agriculture park, etc. Second, it is necessary to establish the urban agriculture relations act suited for the actual circumstances of our country and to back up the legislation at an institutional, technological level in terms of a nation in order to secure the durability of urban agriculture. Third, it is advisable to make a proposal about the problems in time of activities for cultivation by forming a network between urban farmers and public officials and to prepare the plan for the active exchange of farming technologies. Fourth, it's necessary to activate the community gardens by supplying the education through cultivation method & its management method, and a variety of urban-agriculture-participation programs. Fifth, it is necessary to set up the specialized and practical education through an institute for landscape architecture. Sixth, it is necessary to induce the spontaneous participation in urban agriculture from urban farmers accompanied by the activities for promotion that are worth arousing urban farmers' interest. Lastly, it is also necessary to establish a legal basis of urban agricultural parks and facilities as well as to promote a search for multilateral policies and their practice so that the further urban agriculture can be stably continued within city boundaries.

A Study on the Shinmoongo System: Issues of the Origin and Changes of Function and Institution (신문고 제도에 대한 몇 가지 쟁점: 기원과 운영, 기능.제도의 변천을 중심으로)

  • Kim, Young-Ju
    • Korean journal of communication and information
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    • v.39
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    • pp.250-283
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    • 2007
  • The Shinmoongo (Shinmoon-drum) system is known as the last means of petition, appeal, and, denunciation during the Chosun dynasty. The purpose of this study is first to examine the system's origin and changes of its function and operation. The study further looks at several issues around the striking gong system, an alternative appealing method, and its background and transition. Introduced by King Taejong, the Shinmoongo was a kind of the press (or communication) system which was intended to deliver various cases of personal appeal, social petition, national denunciation, etc. Since the 2nd year of King Sejong, the system had been changed into the legal system which mainly to settle personal mortifying problem. Originally, the system was institutionalized for the common people who were hard to appeal their mortifying affairs to the supervisory administration. This reporting system to a superior was utilized as an institutional device to remedy abuses from 'complaint to the King near his sedan chair' and 'direct complaint out of order' during the early disordered years of Chosun dynasty. The system was often abused for the devices of private interest by illustrious officials. Meanwhile, it carried out a role of checking power abuses of provincial governors and magistrates. There were many obstacles for the common people and lowly people to turn to the means. The drum was located at the palace of capitol, less accessible for most people at the time. The petition had to be processed through several steps in written forms. The punishment on a false drummer was heavy. It inhibited any appeal concerning the superior under the rigorous caste system. The Shinmoongo system is regarded as a legitimate press system. Also, it is taken as informal or semi-official press system such as 'document to send around', 'document for agitation', 'joint petition', 'striking gong to complain', 'complaint to the King near his sedan chair', 'scream to complain', etc. Connecting together, the tools resulted in the increase of regal power and decrease of divine authority.

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A Study of the Force Majeure as Immunity by 3rd Party Liability of the Aircraft-Operator -With respect to the German Aviation Act- (항공기운항자의 제3자 책임에 관한 면책사유로서의 불가항력 조항에 관한 고찰 - 독일 항공법상의 해석을 중심으로 -)

  • Kim, Sung-Mi
    • The Korean Journal of Air & Space Law and Policy
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    • v.31 no.1
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    • pp.37-62
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    • 2016
  • Two controversial issues exist in interpretation of "Force Majeure" set forth in the Article 931 (4) of the Korean Commercial Code. Firstly, its scope of application is ambiguous. Secondly, there is a concern that the "immunity" under paragraph 1 and "Force Majeure" may overlap each other. "Force Majeure" refers an event resulted from either natural disaster or 3rd-party. Meanwhile, the latter implies relatively extensive and comprehensive meaning and its interpretation may vary depends on law enforcement. In general, the aircraft accident hardly results in damage or loss to the 3rd-party. Additionally, it is worth to review newly enacted clause and to define its applicability. When the 3rd party is suffered from damage or loss incurred by any external act, it is necessary to explicit the concept of the non-contractual liabilities with respect to 3rd party. From the perspective of protecting aviation industries, the commercial aviation operator may be entitled to immunity in respect of claim for damage incurred by the event of Force Majeure. However, this approach is directly opposite to the victim's benefit and protection by the law. Therefore, the priority of the legal protection should be considered. Although the interest of the commercial aviation operator is not negligible, the protection of the law should be favorable to the 3rd party. Otherwise, the innocent party has no right to claim for damage incurred by aviation accident. Another issue is about the possibility of overlapping of the provision set forth in the paragraph 1 and 4. The former states that the liabilities shall be exempted on account of either the unsettled political or economic situation but this clause is inconsistent with the interpretation on Force Majeure under the latter. As argued above, this may include any event resulted from either political or economic account by the external influence of the 3rd party, thus these two provisions are overlapped. Consequently, in order to develop ordinances and guidelines and to ensure an equal protection to both parties, above two issues must remain open for further discussions.

The Character and Negotiability of Air Waybill (항공화물운송상(航空貨物運送狀)의 성질(性質)과 유통성(流通性))

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.4
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    • pp.65-85
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    • 1992
  • The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor. The air waybill shall be made out in three original parts. The first part shall be marked "for the carrier", and shall be signed by the consignor. The second part shall be marked "for the consignee", it shall be signed by the consignor and by the carrier and shall accompany the goods. The third part shall be signed by the carrier and handed by him to the consignor, after the goods have been accepted. According to the original Warsow Convention article 8, the air waybill must contain 17 particulars or items. However, the Hague Protocol reduced to three the number of particulars required to appear on the air waybill. Only one item is obligatory, namely, the notice that the carriage is subject to the rules of the Warsaw Convention. The absence of the air waybill entails unlimited liability of the carrier because it deprives him of the right to avail himself of the provisions of the Warsaw Convention which exclude or limit his liability. The consignor shall be liable for all damages suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the particulars and statements in the air waybill. Although the contract of the carriage of goods by air is not a formal contract, the document of carriage is issued. The issue of air wayhill is not essential for the existence or validity of the contract, but serves merely as a means of proof. The Hague Protocol has lessened the consequences of the carrier's neglect to faithfully accomplish the required formalities. Henceforth, these formalities no longer constitute legal obligations. The air waybill is the consignment note used for the carriage of goods by air. It is often called an air consignment note and is not a document of title or transferable/negotiable instrument. It is basically a receipt for the goods for despatch and is prima facie evidence of the conditions of carriage. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or cosignee of his rights under the contract of carriage. Oveall, it is an usage that under a documentary letter of credit, the consignee on the air waybill is the opening bank of the letter of credit, and the notify party is the importer who applied for the letter of credit. In Korea there is an usage as to process of cargo delivery in air transportation as follows: The carrier carries the cargo into the bonded area of the airport and gives both the notice of arrival of the cargo and the consignee's air waybill to the notify party who is the importer. Then the notify party obtains the Letter of Guarantee from the opening bank in exchange for reimbursing the amount of the letter of credit or tendering the security therefor to the opening bank. The notify party then presents this document to the customs authorities for the process of customs clearance. The opening bank becomes a consignee only to ensure repayment of the funds it has expended, and the only interest of the opening bank as consignee is the reimbursement of the money paid to the exporter under the documentary letter of credit. Just as the bill of lading in maritime law, the air waybill has always been considered negotiable although the Warsaw Convention does not emphasize this aspect of negotiability. However, the Hague Protocol article 4 corrected the situation by stating that "nothing in this Convention prevents the issue of a negotiable air waybill." This provision officially recognizes that the air waybill must meet the needs of the present day business circles by being a negotiable instrument. Meanwhile, Montreal Additional Protocol no. 4 has brought important changes. Registration by computer is acceptable and the parties to the contract of carriage are allowed to replace the air waybill with a receipt for the goods. In conclusion, as the Warsaw Convention has not details of provisions relating to the issuing of the negotiable air waybill, it is hoped that there should be supplement to the Warsaw Convention and establishment of international commercial usage with regard to the negotiable air waybill.

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Limitations of National Responsibility and its Application on Marine Environmental Pollution beyond Borders -Focused on the Effects of China's Three Gorges Dam on the Marine Environment in the East China Sea- (국경을 넘는 해양환경오염에 대한 국가책임과 적용의 한계 -중국의 산샤댐 건설로 인한 동중국해 해양환경 영향을 중심으로-)

  • Yang, Hee Cheol
    • Ocean and Polar Research
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    • v.37 no.4
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    • pp.341-356
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    • 2015
  • A nation has a sovereign right to develop and use its natural resources according to its policies with regard to development and the relevant environment. A nation also has an obligation not to harm other countries or damage environments of neighboring countries as consequences of such actions of developments or use of natural resources. However, international precedents induce a nation to take additional actions not to cause more damages from the specific acts causing environmental damages beyond national borders, when such acts have economic and social importance. That is to say that there is a tendency to resolve such issues in a way to promote the balance between the mutual interests by allowing such actions to continue. A solution to China's Three Gorges Dam dilemma based on a soft law approach is more credible than relying on a good faith approach of national responsibilities and international legal proceedings since the construction and operation of the dam falls within the category of exercising national sovereign rights. If a large scale construction project such as the Three Gorges Dam or operation of a nuclear power plant causes or may cause environmental damage beyond the border of a nation engaged in such an undertaking, countries affected by this undertaking should jointly monitor the environmental effects in a spirit of cooperation rather than trying to stop the construction and should seek cooperative solutions of mutual understanding to establish measures to prevent further damages. If China's Three Gorges Dam construction and operation cause or contain the possibility of causing serious damages to marine environment, China cannot set aside its national responsibility to meet international obligations if China is aware of or knows about the damage that has occurred or may occur but fail to prevent, minimize, reverse or eliminate additional chances of such damages, or fails to put in place measures in order to prevent the recurrence of such damages. However, Korea must be able to prove a causal relationship between the relevant actions and resulting damages if it is to raise objections to the construction or request certain damage-prevention actions against crucial adverse effects on the marine environment out of respect for China's right to develop resources and acts of use thereof. Therefore, it is essential to cumulate continuous monitoring and evaluations information pertaining to marine environmental changes and impacts or responses of affected waters as well as acquisition of scientific baseline data with observed changes in such baseline. As China has adopted a somewhat nonchalant attitude toward taking adequate actions to protect against marine pollution risks or adverse effects caused by the construction and operation of China's Three Gorges Dam, there is a need to persuade China to adopt a more active stance and become involved in the monitoring and co-investigation of the Yellow Sea in order to protect the marine environment. Moreover, there is a need to build a regular environmental monitoring system that includes the evaluation of environmental effects beyond borders. The Espoo Convention can serve as a mechanism to ease potential conflicts of national interest in the Northeast Asian waters where political and historical sensitivities are acute. Especially, the recent diplomatic policy advanced by Korea and China can be implemented as an important example of gentle cooperation as the policy tool of choice is based on regional cooperation or cooperation between different regions.

Review of 2019 Major Medical Decisions (2019년 주요 의료판결 분석)

  • Yoo, Hyun Jung;Park, Noh Min;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun;Park, Tae Shin
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.107-152
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    • 2020
  • During the main ruling in 2019, a number of rulings that were of interest or meaningful were handed down, such as just because the complication of medical practice has occurred, there is no presumption of negligence, a case involving a fall accident in which a lot of culpability has recently been made. the death of a well-known singer that caused a sensation, a case about damages caused by MERS in 2015, which is more meaningful in connection with damages caused by COVID-19, an infectious disease that has recently hit the world, including Korea. In preaching the principles of the law, just because there has been a complication caused by medical practice, there is no presumption of negligence, 'The scope of the complication without presumption of negligence' was determined differently by the court, the court was not able to specify the criteria. Specific circumstances were presented to limit the responsibility of the medical institution while acknowledging the malpractice of the medical institution in relation to the fall accident. In relation to the scope of damages, judgment was made on issues related to the calculation of lost profits of medical malpractice; criteria for determining celebrities' daily income, criteria for determining daily income in case of receiving survivor's pension due to medical accident, an incident in which the daily income is denied if the labor capacity is already lost at the time of a medical accident. But, it seems that judgments should be made based on clearer and more reasonable standards. Related to Medical Advertise, specific logic of judgment was presented as to whether it was interpreted as being in accordance with the specific prohibition listed in Article 27 paragraph 3 of the Medical Law, which is the criterion for violation of the Medical Law, or if it constitutes a significant harm to the order of the medical market. In response to the prohibition of operating the multiple medical institutions, the Constitutional Court decided that it was constitutional because it did not violate the regulations on excessive funding, and rationally limited the scope of the prohibited 'redundant operation'. The Supreme Court ruled for the first time that even a medical institution established and operated in violation of the Medical Service Act did not make it impossible to receive all medical care benefits implemented by a medical institution under the National Health Insurance Act. Significant rulings were finalized that recognized the existence of specific protection obligations for the people of the country in the management of infectious diseases.

Social Perception on Gifted Education (영재교육에 대한 사회적 인식 - 신문기사 분석을 중심으로 -)

  • Kim, In-Hye;Park, Jung-Ok;Choi, Moon-Kyung
    • Journal of Gifted/Talented Education
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    • v.16 no.1
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    • pp.21-42
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    • 2006
  • The object of this research is to analyze the contents and amount of articles on gifted education in major daily newspapers dated January 1990 to December 2003, and to review the trend of social perception of gifted education with the passage of time. Following are the research question : 1. How many articles belonging to the same category appeared in the newspapers within the period of time covered by the study? 2. What kinds of articles appeared in the newspapers within the period of time covered by the study? To arrive at the answers to the problems mentioned above, 714 articles on gifted education. The period from 1990 to 2003 were divided into time frames of 5 years to facilitate the analysis of social consciousness regarding gifted education before and after the enforcement of the Early School Entering Law in 1995 and the Law for Promotion of Gifted Education in 2000. The researcher defined Period I as the years from 1990 to 1994, Period II from 1995 to 1999, and Period III from 2000 to 2003. The articles were classified by content which were significance and trend of gilled education, current policies on gifted education, information on gifted education, and social environment of gifted education. The results of the analysis are as follows: (1) The articles from 1990 to 2003 totalled 714. 130 articles were found within Period I, 213 within Period II, and 371 within Period III. Since the year 2000, when the Law for Promotion of gifted education was enforced, the amount of articles considerably increased. The articles on the trend of gifted education numbered 42 within Period I, 49 within Period II, and 81 within Period III, showing a huge increase in the last period. The articles on current policies numbered 56 within Period I, 77 within Period II, and 143 within Period III, numbering the most in the last period. This means that, even before the Law for Promotion of gifted education was enforced, there has been much interest in and discussion of the appropriate educational system for gifted children in preparation for the legal and institutional foundation of such system. Since the enforcement of the law, many institutions were established and the problem became an important social issue. The articles that most frequently appeared were about current policies on and status of gifted education. This category showed the largest numbers through all the three periods and on all the subjects. This subject represented 43.1% of the articles on gifted children within Period I, 36.2% within Period II, and 38.6% within Period III. As to the significance and trend of gifted education, this subject showed a decrease from 32.3% within Period I, 23% within Period II, and 21.8% within Period III. However, the articles in the category of information on gifted education gradually increased from they represented 5.4% of the articles on brilliant children within Period I, 7.5% within Period II, and 8.4% within Period III. The social environment articles showed an increase from Period I to Period II-- from 19.2% to 33.3%, but it went down to 31.3% within Period III. (2) As to articles on the trend of gifted education, there were many such articles found, mainly on researches and trends in other countries. As greater importance is accorded to gifted children and as the recognition of the necessity of providing specific education for them grows, more related studies are conducted and people try to adopt new trends from other countries. For the articles on the current policies of gifted education, most of them were about institutions. This means that many educational institutions have been established since the Law for Promotion of Gifted Education was enforced. Informative articles on gilled education were mostly about distinctive features of gifted children and how to tell who the brilliant children are. This fact shows the importance of identifying gifted children in order to educate them systemically and effectively.