• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.143-174
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• 2019

Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution, and one of them is to prohibit the operation of multiple medical institutions. By the way, virtually multiple medical institutions could be opened and operated because the Supreme Court had interpreted that several medical institutions could be opened if medical activities were not performed directly at the additional medical institution which was opened under the another doctor's license. However, some health care providers opened the several medical institutions with another doctor's license for the purpose of the maximization of profit, and did illegal medical cares like the unfair luring of patients, over-treatment, and commission treatment. Also, realistic problems such as the infringed health rights have arisen. Accordingly, lawmakers had come to amend the Medical Law to readjust the system of opening for medical institution so that medical personnel could not open or operate more than one medical institution for any reason. For this reason, the Constitutional Court recently declared a constitutional decision through a long period of in-depth deliberation because the constitutional petition and the adjudication on the constitutionality of statutes had been filed on whether Article 33 paragraph 8 of the revised medical law is unconstitutional. The Constitutional Court acknowledged the "justice of purpose" in view of the importance of public medical institutions, of the prevention from seduction of for-profit patients and from over-treatment, and of the fact that health care should not be the object of commercial transactions. Given the risk that medical personnel might be subject to outside capital, the concern that the holder of the medical institution's opening certificate and the actual operator may be separated, the principle that the human body and life should not be just a means, and the current system's inability to identify over-treatment, it also acknowledged the 'minimum infringement'. Furthermore, The Constitutional Court judged it is constitutional in compliance with the principle of restricting fundamental rights, such as 'balance of legal interests'. In this regard, legislative complements are needed in order to effectively prevent the for-profit management and the over-treatment the Constitutional Court is concerned about. In this regard, consumer groups actively support the need for legislation, and health care providers groups also agree on the need for legislation. Therefore, the legislators should respect the recent Constitutional Court's decision and in the near future complete the complementary legislation to reflect the people's interests.

• Journal of Korean Academy of Nursing
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• v.6 no.1
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• pp.60-71
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• 1976

The author reviewed the medical records of 96 typhoid fever patients who were diagnosed, admitted, and treated at Sea grave Memorial Hospital from January 1 , 1973 through August 31, 1975. Diagnosis was determined by clinical observation, aerology and bacteriology, eighty patients were treated medically, the remaining 16 patients required surgical intervention. The following results were obtained: 1) The age distribution of the patients revealed that 33.3% wert between 10 and 19 years old 21.9% were between 20 and 29, and 19.8% were between 30 and 39. The majority of patients were from these more active age groups. Male to female sex ratio was 1.3 : 1 2) Seasonal distribution was observed. Most illness occurred in the summer and autumn month 5. 3) 84. 3%of the patients came from farm families. 4) Duration between onset and admission averaged 16.0 days. The group without compilations was admitted after an average of 15. 1 days; The group with complications was ad-matted after an average of 19.4 days. 5) Methods of treatment before admission were as follows: 10.4% at medical clinics, 61, 5% at pharmacies (antibiotics 47.9%, other. drugs 13.5%), 7.3% by herb medications, 20.8% had no treatment. 6) Main clinical symptoms were as follows: fever 93.8%, headache 47.9%, abdominal pain 47.9%, chills 38.5%, cough 36.5%, general weakness 26.0%, nausea e vomiting 24.0% and generalized pain 21.9%. 7) Temperature of patients on admission: 22.9% were 39f or more, 67.6% were between 37℃ and 38℃, and 9.4% were 37℃ or less. 8) Occurrence of intensional bleeding after onset of disease averaged 9.3 days; perforation occurred at an average of 19. 1 days. 9) Interval between onset of major complication and surgical intervention averaged 2.8 days. 10) Among the 68 patients who underwent the bacteriological test the positive rate was 44.1% (30). The positive ,ales to, each separate culture method were as follows: 20.4% in the blood culture, 40.4% in the stool culture and 6.7% in the urine culture. Among these bacteriological positive patients 15 patients had a negative results or less than 160 titer of vidal reaction. 11) The initial vidal test of the total group showed a counts of 160 titer or more in 60.4% and less than 160 titer in 39.6%, 12) W. B. C. Counts in the uncomplicated group indicated that 32.5% were 6,000/㎣ or less, 47.5% were between 6,000 and 10,000, arid 20.0% were 10,000/㎣ or more. In the complicated group, 37.6% were 6,000/㎣ or less, 25,0% were 6,000-10,000/㎣ and 37.6% were 10,000/㎣ or more. 13) Duration of hospital stay of the patients averaged 6.4 days in the uncomplicated group and 12.7 days in the complicated group. 14) Subdiaphragmatic free air simple X-ray was found in 91.7% of the perforated cases. 15) Duration of antibiotic therapy until an febrile state was attained averaged 4.8 days in the uncomplicated group and 6.5 days in the complicated group. 16) Operative procedures were as follows: one layer simple closure of their perforation with or without debasement in 56.3%, drainage only in 6.3%, small bowel resection with primary anastomosis in 18.8% , externalization in 6.3%, cholecystectomy in 6.3%, The clinical findings of this study suggest the following recommendations. According to Top's report; 1% of typhoid fever patients treated with chlorarnphenicol and 2% of patients treated with other drugs become chronic carriers. Therefore, importance should be given to the strict control of these carriers. Immunization, improvement of sanitation and living standards are all needed for the prevention and treatment of disease, but a more serious problem is a lack of knowledge on the part of patients and their families. Thus it is most urgent to enlighten the citizens about the transmission and hygiene related to contagious disease. Legal restriction of sale of antibiotics at drug stores without a physician's prescription is an urgent matter for public health administrators. An even more important nursing responsibility is the reemphasis on health education both in the clinical setting and in the home.

• Journal of National Security and Military Science
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• s.9
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• pp.313-340
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• 2011

The National Defense Reformation bill of "National Defense Reformation 2020" which have been constantly disputed and reformed by the government went through various levels of complementary measures after the North Korean sinking on the Republic of Korea (ROK) Naval Vessel "Cheonan". The final outcome of this reform is also known as the 307 Plan and this was announced on the 8th March. The reformed National Defense Reformation is to reduce the number of units and military personnel under the military structure reformation. However, in order for us to undertake successful National Defense Reformation, the use of privatized civilian resources are essential. Therefore according to this theory, the ROK Ministry of National Defense (MND) have selected the usage of privatized resources as one of the main core agenda for the National Defense Reformation management procedures, and under this agenda the MND plans to further expand the usage of private Especially the MND plans to minimize the personnel resources applied in non-combat areas and in turn use these supplemented personnel with optimization. In order to do this, the MND have initiated necessary appropriate analysis over the whole national defense section by understanding various projects and acquisition requests required by each militaries and civilian research institutions. However for efficient management of privatized civilian resources, first of all, those possible efficient private resources which can achieve optimization will need to be identified, and secondly continuous systematic reinforcements will need to be made in private resource usage legislations. Furthermore, we would need to consider the possibility of labor disputes because of privatization expansion. Therefore, full legal and systematic complementary measures are required in all possible issue arising areas which can affect the combat readiness posture. There is another problem of huge increase in operational expenses as reduction of standby forces are only reducing the number of soldiers and filling these numbers with more cost expensive commissioned officers. However, to overcome this problem, we would need to reduce the number of positions available for active officers and fill these positions with military reserve personnel who previously had working experiences with the related positions (thereby guaranteeing active officers re-employment after completing active service). This would in tum maintain the standards of combat readiness posture and reduce necessary financial budgets which may newly arise. The area of maintenance, supply, transportation, training & education duties which are highly efficient when using privatized resources, will need to be transformed from military management based to civilian management based system. For maintenance, this can be processed by integrating National Maintenance Support System. In order for us to undertake this procedure, we would need to develop maintenance units which are possible to be privatized and this will in turn reduce the military personnel executing job duties, improve service quality and prevent duplicate investments etc. For supply area, we will need to establish Integrated Military Logistics Center in-connection with national and civilian logistics system. This will in turn reduce the logistics time frame as well as required personnel and equipments. In terms of transportation, we will need to further expand the renting and leasing system. This will need to be executed by integrating the National Defense Transportation Information System which will in turn reduce the required personnel and financial budgets. Finally for training and education, retired military personnel can be employed as training instructors and at the military academy, further expansion in the number of civilian professors can be employed in-connection with National Defense Reformation. In other words, more active privatized civilian resources will need to be managed and used for National Defense Reformation.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.3
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• pp.95-126
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• 2020

In 2017, the world's first WIG ship (WIG: Wing In-Ground) pilot's license written test was conducted in Korea. The WIG ship is a ship that combines the characteristics of ships and airplanes. Therefore, the pilot of the WIG ship was allowed to apply only for those who had the aircraft pilot's license and the 6th class marine nautical license. The WIG ship pilot's license system was first introduced by Korea, so there are no international standards for the license system, and the introduction of a domestic qualification system also requires institutional arrangements due to various restrictions such as pilot training. However, in order to become a valuable industry as a future growth engine for the ocean, several urgent problems need to be solved, and that is the training of manpower for WIG ships. Therefore, I reviewed the institutional issues related to pilot training as this subject. Since 2001, various countries around the world have been discussing this issue, centering on IMO, and Korea has continued to participate and cooperate in IMO meetings. And the national qualification test for surface flying ships was conducted in Korea from 2011. However, there are still problems to be solved, and I pointed out the advancement of the manpower training system, the education and training system, and the designated national educational institution system. As a solution to this, it was suggested through the improvement of the license system and the operation of designated educational institutions. Among these solutions, I believe that the best way is to entrust the operation of designated national educational institutions to private educational institutions. However, I propose a plan that the government entrusts to private educational institutions, but the government is responsible for licensing and supervision. WIG ship will be a new market for the aviation industry and aviation workers.

• Korean Journal of Occupational Health Nursing
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• v.6 no.1
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• pp.23-43
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• 1997

The work-related diseases due to continuous overwork are mainly cerebro- and cardio-vascular ones, which is commonly called 'Karoshi', death from overwork. Many factors are capable for Karoshi : occupational stress in relation to technological renovation and industrial rationalization, competitive social structure, and accumulated fatigue accured to long time or irregular working. And its occurence is on the rise. The World Labor Report 1993 released by ILO, pointed out the diseases related to overwork and stress as one of the most important occupational health problem. In Korea, social awareness of Karoshi is at an infant stage, and reliable statistics for its occurence are not compiled in a convenient manner. Despite the rising Karoshi, there are no reliable clauses in workmen's compensation enough to settle down the disputes. Therefore, it is not uncommon that the Labour Ministry and Civil Court find difficulties in reaching an agreement. This study was intended to provide proper compensation and prevention program for workers by suggesting reasonable compensation clauses for the death from overwork. This study consists of two comparative reviews on the compensaton clauses for the death from overwork. One is to review legal standards of Karoshi among three countries, such as Korea, Japan and Taiwan. The other is to investigate the cases of Karoshi in Korea, 121 cases identified at the Labor Welfare Corperation and the Labour Ministrial process of examination and reexamination, and 73 leading cases at the High Court of Justice. The main findings of the study are as follows : 1. Comparisons of comperative review on compensation clauses for the death from overwork among three countries. 1) All of three countries have the same kinds of disease for compensation, which were cerebro-and cardiao-vascular diseases, while for cardiac disease group, Korea has the smaller number of diseases for compensation than Japan. 2) As for the definition of overwork, the three countries share equally that overload for one week prior to collapse is considered as an important factor, but accumulated chronic fatigue is disregarded. 3) As the basis of overwork, in Japan, there is a tendency to move from the conditions of an ordinary healthy adult to those of the individual concerned in Japan, whereas there is no such concern yet in Korea. 4) All the three countries use a common standard of medical judgement in demonstrating causal relationship between a job and a disease. However, Korea is progressive in the sense that in the case of CVA at worksite, the worker himself has no obligation to prove the cause. 2. The results of a comparative review on excutive decisions by Labor Ministry and judicial decisions by the Court in Korea : A judicial decision is based on the legalistic probability, but a excutive decision is not. Therefore, excutive decisions have such restrictions that : 1) TIA (transitory ischemic cerebral attack) and myocarditis are excluded from compensation, and there is little consistency of decision in the case of cause-unknown death. 2) There is a tendency not to compensate for the death from overwork since the work terms such as repeated long-time working, shift work or night-shift work are not considered as overloading. 3) There is a tendency to regard the conditions of a ordinary healthy adult rather than those of the individual concerned(age, existing diseases, health state, etc.) as the comparative basis of overload. 4) There remains a tendency not to compensate for the death from overwork in the case of collapse occuring out of workplace, on the ground of 'on the course of working' and 'in the cause of accident'. Through the study, the fact manifests itself that Korea's compensation clauses for work-related diseases due to overwork are very restrictive. So, it is necessary to extend the Labor Ministry's clauses of compensation for the death from overwork following to the recent changes of other countries and internal judicial decisions. This is very important in the perspective of occupational health that aims at health promotion of workers including prevention of the Karoshi.

• International Journal of Highway Engineering
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• v.20 no.1
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• pp.107-115
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• 2018

PURPOSES : As the population of the mobility handicapped, who are classified as the disabled, the elderly, pregnant women, children, etc., has increased, the voices for guaranteeing their rights have been increasing as well. Thus, the design manuals for roads and sidewalks for the mobility handicapped were developed by the local government, such as the Ministry of Land, Transport, and Tourism, in Seoul City. However, according to the 2013 survey results of the Seoul Metropolitan City, the mobility handicapped still feel uncomfortable with the sidewalks, and particularly request for the improvement of the step and slope of the sidewalk curb. Therefore, in this study, we conducted an empirical experimental study to determine the slope of the sidewalk curb and height of the steps considering the mobility handicapped and analyzed whether there is a statistically significant difference. METHODS : The methodology of this study is an empirical experimental one. In the study, five non-disabled people, 10 wheelchair users, and 10 eye patch and stick users walked about 2-3 min on the sidewalk plates of the sloped type (0%, 5%, 6.3%, 8.3%) and stepped type (0 cm, 1 cm, 3 cm, 6 cm), and their human physiological responses, such as the skin temperature, volume of perspiration on forehead and chest, and heart rate, were measured and recorded. After combining the data, we conducted a nonparametric test, ANOVA, or t-test to determine whether there was a statistically significant difference according to each slope and step type. RESULTS : It was found that for the non-disabled, there was no significant difference in human physiological responses according to the slope and steps of the sidewalk. It can be said that the non-disabled do not feel much physiological discomfort while walking. In the case of the sloped sidewalk plate, the heart rate of the wheel chair users increased when the slope was 6.3%. In the case of the eye patch and stick users, the volume of perspiration on the chest increased at a slope of 5.0%. In general, it is judged that a sidewalk with a slope that is less than 5% does not cause a change in the physiological response. In the case of a stepped sidewalk plate, when 0 cm, 1 cm, and 3 cm were compared for wheelchair users, the amount of forehead perspiration increased from 1 cm. Meanwhile, in the case of the eye patch and stick users, when 0 cm and 6 cm were compared, the amount of perspiration on the forehead and chest as well as the heart rate all increased at 6 cm. Taken together, in the case of wheelchair users, a difference was shown when the height of the step of the sidewalk plate was 1 cm, suggesting that installing it at 0 cm does not cause any physiological discomfort. Moreover, in the case of the eye patch and stick users, when comparing only 0 cm and 6 cm, 0 cm was considered to be suitable, as there was a difference in physiological response at 6 cm. CONCLUSIONS : In this study, we set the human physiological responses such as chest skin temperature, amount of perspiration, and heart rate as evaluation items, and our study was considered to be a meaningful experiment that targeted wheelchair users as well as eye patch and stick users. The validity of the evaluation items was confirmed, as the results of human physiological responses were significant. As for the sidewalk design, according to the experiment result, it is considered that differential application should be implemented according to the type of mobility handicap, rather than uniformly applying a sidewalk step of 2 cm and sidewalk slope of 1/25, which are the current legal standards.

• 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.

• Journal of Food Hygiene and Safety
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• v.30 no.2
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• pp.132-142
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• 2015

The purpose of this study was to investigate the perception and information needs about food additives from the parents of elementary school children, and to develop a smartphone application (App) providing information about food additives, and finally to assess its educational effects. A survey was conducted in April 2013 by using a self-administered questionnaire, and total 358 responses were collected from the parents living in Seoul and Gyeonggi province. While purchasing processed foods, parents considered safety (40.5%) as the most important factor, and first checking item except production and expiration dates was origin labelling (35.4%), and chose foods with less food additives (63.1%). Parents recognized food additives as the most dangerous (42.7%), and 75.1% responded the level of danger as 'very dangerous'. However, 82.4% of parents didn't have experiences to get educations about food additives. Based on their information needs including the safety, legal standards and the foods containing food additives. a smartphone App designated as 'Catch up Food Additives' consisting of the definition, safety, food labelling guideline, management, animation about food additives was developed. When the App was exposed to the parents (n = 27), their negative perceptions on food additives were improved significantly. These results showed that providing information and education about food additives using smartphone App was very fast and effective for the promotion of risk communication on food additives with the parents.

• Journal of Distribution Science
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• v.12 no.6
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• pp.15-20
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• 2014

Purpose - In general, researchers try to abide by the code of research ethics, but many of them are not fully aware of plagiarism, unintentionally committing the research misconduct when they write a research paper. This research aims to introduce researchers a clear and easy guideline at a conference, which helps researchers avoid accidental plagiarism by addressing the issue. This research is expected to contribute building a climate and encouraging creative research among scholars. Research design, data, methodology & Results - Plagiarism is considered a sort of research misconduct along with fabrication and falsification. It is defined as an improper usage of another author's ideas, language, process, or results without giving appropriate credit. Plagiarism has nothing to do with examining the truth or accessing value of research data, process, or results. Plagiarism is determined based on whether a research corresponds to widely-used research ethics, containing proper citations. Within academia, plagiarism goes beyond the legal boundary, encompassing any kind of intentional wrongful appropriation of a research, which was created by another researchers. In summary, the definition of plagiarism is to steal other people's creative idea, research model, hypotheses, methods, definition, variables, images, tables and graphs, and use them without reasonable attribution to their true sources. There are various types of plagiarism. Some people assort plagiarism into idea plagiarism, text plagiarism, mosaic plagiarism, and idea distortion. Others view that plagiarism includes uncredited usage of another person's work without appropriate citations, self-plagiarism (using a part of a researcher's own previous research without proper citations), duplicate publication (publishing a researcher's own previous work with a different title), unethical citation (using quoted parts of another person's research without proper citations as if the parts are being cited by the current author). When an author wants to cite a part that was previously drawn from another source the author is supposed to reveal that the part is re-cited. If it is hard to state all the sources the author is allowed to mention the original source only. Today, various disciplines are developing their own measures to address these plagiarism issues, especially duplicate publications, by requiring researchers to clearly reveal true sources when they refer to any other research. Conclusions - Research misconducts including plagiarism have broad and unclear boundaries which allow ambiguous definitions and diverse interpretations. It seems difficult for researchers to have clear understandings of ways to avoid plagiarism and how to cite other's works properly. However, if guidelines are developed to detect and avoid plagiarism considering characteristics of each discipline (For example, social science and natural sciences might be able to have different standards on plagiarism.) and shared among researchers they will likely have a consensus and understanding regarding the issue. Particularly, since duplicate publications has frequently appeared more than plagiarism, academic institutions will need to provide pre-warning and screening in evaluation processes in order to reduce mistakes of researchers and to prevent duplicate publications. What is critical for researchers is to clearly reveal the true sources based on the common citation rules and to only borrow necessary amounts of others' research.

• Korean Journal of Heritage: History & Science
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• v.49 no.1
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• pp.166-177
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• 2016

This essay explores the problems with applying the concept of "original form" to natural heritage when it is based on originality and diachronic, historical period. It also suggests an alternative perception that the concept of "original form" can be considered based upon "integrity". First, the conceptual framework for applying the concept of "original form" falls into three types: one that centers on the time point at which heritage originated; another that respects the diachronic characteristics of the concept of "original form"; and the last that bases original form on a particular time after the heritage originated. Second, the national policy for the conservation of natural monuments and scenic sites stayed at the level of consulting the Decree on the Preservation of Treasures, Historical Remains, Scenic Sites, and Natural Monuments of Joseon, under Japanese colonial rule. And after the legal framework was established through enacting and proclaiming of the Cultural Heritage Protection Act in 1962, 564 cases have been designated as natural monuments. Third, the natural conservation movement, the first national policy for natural heritage, was initiated from the heritage field, but the Environment Ministry subsumed all nature-related policies and ever since the heritage agency (Cultural Heritage Administration) has implemented only heritage policies regarding "cultural" heritage. The present state of the coexisting policies about the natural heritage by the Environment Ministry and the Cultural Heritage Administration resulted in leading the public confused about official terms and main policy agency of natural heritage. Fourth, the difficulty of applying the concept of "original form" to natural heritage stems from the fact that natural heritage is inherently distinct from cultural heritage, which is placed at the center of the heritage policies implemented by the heritage agency. In addition, natural heritage, similarly distinct from the overall natural environment, has evolved in a way that incorporates human culture and thus diversely includes characteristics of originality, diachrony, and historical period. Under these circumstances, an incorporative, professional approach is required rather than independent approaches for each type of natural heritage. In conclusion, this essay suggests that issues related to the restoration of original conditions of natural heritage should be resolved through the application of the "integrity" concept by restoring "the characteristics of an object or a place that imbue it with meaning and value," with consideration given to efforts for alleviating logical contradictions within the concept of "original form" through the preparation of standards and guidelines for the restoration of original condition.