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The Main Contents and Task in Future for the Air Transport Law Established Newly in the Korean Revised Commercial Law

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.75-101
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    • 2012
  • As the Reublic of Korea revised the Commercial Code including 40 articles of air transport enacted newly on May 23, 2011, so Korea became first legislative examples in the Commercial Code of the developed and developing countries. I would like to explain briefly the main contents of my paper such as (1) history of enacting newly Part VI (air transport) in the Korea's revised commercial law, (2) legal background enacting newly Part VI (air transport) in the Korea's revised commercial law and the problems on the conditions of air transport, (3) every countries' legislative examples on the civil liability of aircraft's operator, (4) unlawful Interference Convention and general risk convention of 2009, (5) main contents and prospects of the revised Commercial Code for the liability of aircraft's operator etc as the followings. Meanwhile as the Aviation Act, Commercial Code and Civil Code in Korea and Japan did not regulated at all the legal basis of solution on the disputes between victims and offender for the amount of compensation for damage due to personal or property damage caused by aircraft accidents in Korea and Japan, so it has been raised many legal problems such as protection of victims, standard of decision in trial in the event of aircraft accident's lawsuit case. But the Korean Revised Commercial Code including Part VI, air transport regulations was passed by the majority resolution of the Korean National Assembly on April 29, 2011 and then the South Korean government proclaimed it on May 23 same year. The Revised Commercial Code enforced into tothe territory of the South Korea from November 24, 2011 after six month of the proclaimed date by the Korean Government. Thus, though Korean Commercial Code regulated concretely and respectively the legal relations on the liability of compensation for damage in the contract of transport by land in it's Part II (commercial activities) and in the contract of transport by sea in its Part V (marine commerce), but the Amended Commercial Act regulated newly 40 articles in it's Part VI (air transport) relating to the air carrier's contract liability on the compensation for damage caused by aircraft accidents in the air passengers and goods transport and aircraft operator's tort liability on compensation for damage caused by the sudden falling or collision of aircraft to third parties on the surface and so it was equipped with reasonable and unified system among the transport by land, marine and air. The ICAO adopted two new air law conventions setting out international compensation and liability rules for damage caused by aircraft to third parties at a diplomatic conference hosted by it from April 20 to May 2, 2009. The fight against the effects of terrorism and the improvement of the status of victims in the event of damage to third parties that may result either from acts of unlawful interference involving aircraft or caused by ordinary operation of aircraft, forms the cornerstone of the two conventions. One legal instrument adopted by the Conference is "the Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft" (Unlawful Interference Convention). The other instrument, "the Convention on Compensation for Damage Caused by Aircraft to Third Parties" (General Risk Convention), modernizes the current legal framework provided for under the 1952 Rome Convention and related Protocol of 1978. It is desirable for us to ratify quickly the abovementioned two conventions such as Unlawful Interference Convention and General Risk Convention in order to settle reasonably and justly as well as the protection of the South Korean peoples.

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The Macroeconomic Impacts of Korean Elections and Their Future Consequences (선거(選擧)의 거시경제적(巨視經濟的) 충격(衝擊)과 파급효과(波及效果))

  • Shim, Sang-dal;Lee, Hang-yong
    • KDI Journal of Economic Policy
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    • v.14 no.1
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    • pp.147-165
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    • 1992
  • This paper analyzes the macroeconomic effects of elections on the Korean economy and their future ramifications. It measures the shocks to the Korean economy caused by elections by taking the average of sample forecast errors from four major elections held in the 1980s. The seven variables' Bayesian Vector Autoregression Model which includes the Monetary Base, Industrial Production, Consumption, Consumer Price, Exports, and Investment is based on the quarterly time series data starting from 1970 and is updated every quarter before forecasts are made for the next quarter. Because of this updating of coefficients, which reflects in part the rapid structural changes of the Korean economy, this study can capture the shock effect of elections, which is not possible when using election dummies with a fixed coefficient model. In past elections, especially the elections held in the 1980s, $M_2$ did not show any particular movement, but the currency and base money increased during the quarter of the election was held and the increment was partly recalled in the next quarter. The liquidity of interest rates as measured by corporate bond yields fell during the quarter the election and then rose in the following quarter, which is somewhat contrary to the general concern that interest rates will increase during election periods. Manufacturing employment fell in the quarter of the election because workers turned into campaigners. This decline in employment combined with voting holiday produce a sizeable decline in industrial production during the quarter in which elections are held, but production catches up in the next quarter and sometimes more than offsets the disruption caused during the election quarter. The major shocks to price occur in the previous quarter, reflecting the expectational effect and the relaxation of government price control before the election when we simulate the impulse responses of the VAR model, imposing the same shocks that was measured in the past elections for each election to be held in 1992 and assuming that the elections in 1992 will affect the economy in the same manner as in the 1980s elections, 1992 is expected to see a sizeable increase in monetary base due to election and prices increase pressure will be amplified substantially. On the other hand, the consumption increase due to election is expected to be relatively small and the production will not decrease. Despite increased liquidity, a large portion of liquidity in circulation being used as election funds will distort the flow of funds and aggravate the fund shortage causing investments in plant and equipment and construction activities to stagnate. These effects will be greatly amplified if elections for the head of local government are going to be held this year. If mayoral and gubernatorial elections are held after National Assembly elections, their effect on prices and investment will be approximately double what they normally will have been have only congressional and presidential elections been held. Even when mayoral and gubernatorial elections are held at the same time as congressional elections, the elections of local government heads are shown to add substantial effects to the economy for the year. The above results are based on the assumption that this year's elections will shock the economy in the same manner as in past elections. However, elections in consecutive quarters do not give the economy a chance to pause and recuperate from past elections. This year's elections may have greater effects on prices and production than shown in the model's simulations because campaigners' return to industry may be delayed. Therefore, we may not see a rapid recall of money after elections. In view of the surge in the monetary base and price escalation in the periods before and after elections, economic management in 1992 should place its first priority on controlling the monetary aggregate, in particular, stabilizing the growth of the monetary base.

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The Significance of Registration Convention and its Future Challenges in Space Law (등록협약의 우주법상 의의와 미래과제에 관한 연구)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.375-402
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    • 2020
  • The adoption and entering into force of the Registration Convention was another achievement in expanding and strengthening the corpus iuris spatialis. It was the fourth treaty negotiated by the member states of the UNCOPUOS and it elaborates further Articles 5 and 8 of the Outer Space Treaty(OST). The Registration Convention also complements and strengthens the Article 11 of the OST, which stipulates an obligation of state parties to inform the UN Secretary-General of the nature, conduct, locations, and results of their space activities in order to promote international cooperation. The prevailing purposes of the Registration Convention is the clarification of "jurisdiction and control" as a comprehensive concept mentioned in Article 5 8 of the OST. In addition to its overriding objective, the Registration Convention also contributes to the promotion and the exploration and use of outer space for peaceful purposes. Establishing and maintaining a public register reduces the possibility of the existence of unidentified space objects and thereby lowers the risk such as, for example, putting the weapons of mass destruction secretly into orbit. And furthermore it could serve for a better space traffic management. The Registration Convention is a treaty established to implement Article 5 of OST for the rescue and return of astronaut in more detail. In this respect, if OST is a general law, the Registration Convention would be said to be in a special law. If two laws conflict the principle of lex specialis will be applied. Countries that have not joined the Registration Convention will have to follow the rules concerning the registration of paragraph 7 of the Declaration by the United Nations General Assembly resolution 1721 (X V I) in 1961. UN Resolution 1721 (XVI) is essentially non-binding, but appears to have evolved into the norm of customary international law requiring all States launching space objects into orbit or beyond to promptly provide information about their launchings for registration to the United Nations. However, the nature and scope of the information to be supplied is left to the discretion of the notifying State. The Registration Convention is a treaty created for compulsory registration of space objects by nations, but in reality it is a treaty that does not deviate from existing practice because it is based on voluntary registration. With the situation of dealing with new problems due to the commercialization and privatization of the space market, issues related to the definition of a 'space object', including matter of the registry state of new state that purchased space objects and space debris matter caused by the suspension of space objects launched by the registry state should be considered as matters when amendments, additional protocols or new Registration Convention are established. Also the question of registration of a flight vehicle in the commercial space market using a space vehicle traveling in a sub-orbital in a short time should be considered.

The Method of Participatory Government to Introduce the System of Autonomous Police (참여정부의 자치경찰제 도입방안)

  • Jung, Jin-Hwan
    • Korean Security Journal
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    • no.10
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    • pp.355-385
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    • 2005
  • As the system of autonomous police that has been debated for long time is fixed to be introduced by the program of participatory government, this treatise intends to analyze main contents and review controversial items in order to present supplementary measures. The program of participatory government to introduce autonomous police in Korea focuses on converting the autonomous police of Korea from centralized police administration in order to provide 'customized security service' that is appropriate to the regional environment. Thus, if relevant city, county or district considers that it is required to introduce the system autonomous police, the assembly may enforce the decision by enacting ordinance. For enforcement, organization in the unit of section will be established in the line of mayor, county headman and district office. The main role will be security service that is closely related to the life of inhabitants such as crime prevention, patrol, traffic crackdown, etc. as well as public health, sanitation and environmental control which are being performed by autonomous organization at present. However some expected controversial items may be summarized in the following 3 points on the premise of accepting the program of government. First, the point at issue related to the basic function of police. The basic function of police is generally understood as order keeping function such as anterior and preventive job and law enforcing function such as posterior and suppressing job. By the way, the program of government does not endow the autonomous police with investigation right for general crime, thereby raising the controversy that our autonomous police is nothing but the assistant of police. Furthermore, the present national police also expresses its dissatisfaction to the transfer of authority. Second, the issue of balance of security service between self-governing bodies may be raised. The security environment is different between self-governing bodies and thus demand of security is different. Therefore, the security service of autonomous police will reveal difference in qualitative aspect for each self-governing body. Moreover, it can be easily anticipated that the quality of security service may be different as per the financial independence degree. Third, the point at issue anticipated with the operation funded by the budget of self-governing body. As autonomous police is operated by the budget of self-governing body, the following problems may be raised; (1) since police administration is subordinated to general administration, the concentration may be weakened (2) the cooperation between policy agencies may be impeded (3) owing to the difficult in possessing spare police, the mobility of police may be somewhat reduced.

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A Study on the Direction of Private Investigation System - Focus on the bill proposal in 2012·2013 (민간조사제도의 도입 방향에 관한 연구 - 제19대 국회 발의 법안을 중심으로(2012년·2013년))

  • Cho, Min-Sang;Oh, Youn-Sung
    • Korean Security Journal
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    • no.36
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    • pp.525-559
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    • 2013
  • Modern society has been exposed to various dangers and crimes in the process of globalization, informationization, decentralization etc. along with the development of material civilization under rapid changing societal environment. These factors are exerting a lot of effects in public security environments, as result there are gradual interest about crime and crime prevention. Realization of responsibility who take charge of social safety, from public security to private security, appears important topic at the moment. The positive point of view which private security industry is responsible to cope with security spheres instead of public security has been emerged from the reason that the public security has limitation to solve security problems for themselves. It is the time to make effort to compromise the public security and the private security industry to forecast social change and prevent dangers in the advance. In Korea, there has been close cooperation between public security and private security for decades. Strongly emerging and interesting sphere is "Private Investigation(Private Detective)" in Korea at present. There has been some proposed legislations of private investigation for decreasing burden of public security and social sympathy about possibility of private investigation system is increasing now. In this study, we focused on the introduction of private investigation system through the analysis of bill proposals for last 14 years, for instance historical aspects, contents, the differences among bill proposals. Among these, a comparison on bill proposals of the 19th National Assembly's during 2012 - 2013 were analysed mainly. We examined the importance point at issue items for introduction of private investigation system. Suggestions for introduction of private investigation system is as follows. The necessity of independent bill for developmental private investigation system is needed and the main body should be a juristic person instead of a individual for the public interest and responsibility. For the good service of private investigation and to prevent the unqualified person become a private investigator, the recruiting system and examination of private investigator should be prepared well and take into consideration anticipated problems. Also the necessity of definite jurisdiction department's appointment to divide responsibility in operation.

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Implication of the Election Result in line with the Nomination Conflicts of the Korean Political Parties: Based on the nomination of the ruling party and the opposition party in the 20th general election (한국 정당의 공천파동에 따른 선거 결과 함의 : 제20대 총선과정에서 여·야 정당의 공천을 중심으로)

  • Chung, Joo-Shin
    • Korea and Global Affairs
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    • v.1 no.1
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    • pp.31-70
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    • 2017
  • On December 9, 2016, the decision of impeachment of the National Assembly decided against Park Geun-hye came from the nomination conflicts of the 20th general election between Pro-Park group and Anti-Park group at the ruling Saenuri Party. Therefore, this study focused on the nomination conflicts of the ruling party and the opposition party on the election results in the 20th general election on the public sentiment of the people. The nomination conflicts of the ruling and opposite parties were a prelude to the victory of the 19th presidential election, and it was serious faction conflict. Firstly, the study examined how the nomination conflicts of each party were centered on President Park Geun-hye as well as the leaders of each party and the chairman of the nomination committee. Secondly, the study examined what kind of changes would be made to the composition of presidential candidates for each party at the time of the presidential election. Thirdly, the study examined the opposition parties' separation between the Minjoo Party of Korea and the People's Party of Korea before and after the election and the issue of initiative in Honam. As a result of the analysis, the 20th general election failed to obtain a majority seat of the ruling Saenuri Party, and the opposition won and formed the majority. The reason why President Park and Saenuri were greatly defeated in the contest even in the situation where the opposition parties were divided is the root cause in the attitude of Pro-Park group and Anti-Park group who assumed their victory. Therefore, it is highly possible to render its responsibility to President Park Geun-hye, who has become a 'past power', and it has opened up the possibility that the emergence of future power by opposition parties. In the case of the opposition party, it is clear that the battle for Honam, which is a traditional opposition party's support group, is a matter of good fortune of the two major powers, Moon Jae In and Ahn Cheol Soo.

Use of Nuclear Power Sources in Outer Space and Space Law (우주에서의 핵연료(NPS)사용과 우주법)

  • Kim, Han-Taek
    • The Korean Journal of Air & Space Law and Policy
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    • v.22 no.1
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    • pp.29-54
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    • 2007
  • Nuclear Power Sources(NPS) have been used since 1961 for the purpose of generating energy for space objects and have since then been recognized as particularly suited essential to some space operations. In January 1978 a malfuctioning Soviet nuclear powered satellite, Cosmos 954, re-entered the earth's atmosphere and disintegrated, scattering radioactive debris over a wide area of the Canadian Northwest Territory. This incident provided some reasons to international legal scholars to make some principles to regulate using NPS in outer space. In 1992 General Assembly adopted "Principles Relevant to the Use of Nuclear Power Sources in Outer Space". These NPS Principles set out certain legal and regulatory requirements on the use of nuclear and radioactive power sources for non-propulsive purposes. Although these principles, called 'soft laws', are not legal norms, they have much enfluences on state practices such as 1983 DBS Principles(Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting), 1986 RS Principles(Principles Relating to Remote Sensing of the Earth from Space) and 1996 Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interests of all States, Taking into Particular Account the Needs of Developing Countries. As far as 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space is concerned the main points such as free use of outer space, non-appropriation of celestial bodies, application of international law to outer space etc. have become customary international law binding all states. NPS Principles might have similar characters according to states' willingness to respect them.

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IGRINS Design and Performance Report

  • Park, Chan;Jaffe, Daniel T.;Yuk, In-Soo;Chun, Moo-Young;Pak, Soojong;Kim, Kang-Min;Pavel, Michael;Lee, Hanshin;Oh, Heeyoung;Jeong, Ueejeong;Sim, Chae Kyung;Lee, Hye-In;Le, Huynh Anh Nguyen;Strubhar, Joseph;Gully-Santiago, Michael;Oh, Jae Sok;Cha, Sang-Mok;Moon, Bongkon;Park, Kwijong;Brooks, Cynthia;Ko, Kyeongyeon;Han, Jeong-Yeol;Nah, Jakyuong;Hill, Peter C.;Lee, Sungho;Barnes, Stuart;Yu, Young Sam;Kaplan, Kyle;Mace, Gregory;Kim, Hwihyun;Lee, Jae-Joon;Hwang, Narae;Kang, Wonseok;Park, Byeong-Gon
    • The Bulletin of The Korean Astronomical Society
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    • v.39 no.2
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    • pp.90-90
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    • 2014
  • The Immersion Grating Infrared Spectrometer (IGRINS) is the first astronomical spectrograph that uses a silicon immersion grating as its dispersive element. IGRINS fully covers the H and K band atmospheric transmission windows in a single exposure. It is a compact high-resolution cross-dispersion spectrometer whose resolving power R is 40,000. An individual volume phase holographic grating serves as a secondary dispersing element for each of the H and K spectrograph arms. On the 2.7m Harlan J. Smith telescope at the McDonald Observatory, the slit size is $1^{{\prime}{\prime}}{\times}15^{{\prime}{\prime}}$. IGRINS has a plate scale of 0.27" pixel-1 on a $2048{\times}2048$ pixel Teledyne Scientific & Imaging HAWAII-2RG detector with a SIDECAR ASIC cryogenic controller. The instrument includes four subsystems; a calibration unit, an input relay optics module, a slit-viewing camera, and nearly identical H and K spectrograph modules. The use of a silicon immersion grating and a compact white pupil design allows the spectrograph collimated beam size to be 25mm, which permits the entire cryogenic system to be contained in a moderately sized ($0.96m{\times}0.6m{\times}0.38m$) rectangular Dewar. The fabrication and assembly of the optical and mechanical components were completed in 2013. From January to July of this year, we completed the system optical alignment and carried out commissioning observations on three runs to improve the efficiency of the instrument software and hardware. We describe the major design characteristics of the instrument including the system requirements and the technical strategy to meet them. We also present the instrumental performance test results derived from the commissioning runs at the McDonald Observatory.

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Structural Relationships Among Factors to Adoption of Telehealth Service (원격의료서비스 수용요인의 구조적 관계 실증연구)

  • Kim, Sung-Soo;Ryu, See-Won
    • Asia pacific journal of information systems
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    • v.21 no.3
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    • pp.71-96
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    • 2011
  • Within the traditional medical delivery system, patients residing in medically vulnerable areas, those with body movement difficulties, and nursing facility residents have had limited access to good healthcare services. However, Information and Communication Technology (ICT) provides us with a convenient and useful means of overcoming distance and time constraints. ICT is integrated with biomedical science and technology in a way that offers a new high-quality medical service. As a result, rapid technological advancement is expected to play a pivotal role bringing about innovation in a wide range of medical service areas, such as medical management, testing, diagnosis, and treatment; offering new and improved healthcare services; and effecting dramatic changes in current medical services. The increase in aging population and chronic diseases has caused an increase in medical expenses. In response to the increasing demand for efficient healthcare services, a telehealth service based on ICT is being emphasized on a global level. Telehealth services have been implemented especially in pilot projects and system development and technological research. With the service about to be implemented in earnest, it is necessary to study its overall acceptance by consumers, which is expected to contribute to the development and activation of a variety of services. In this sense, the study aims at positively examining the structural relationship among the acceptance factors for telehealth services based on the Technology Acceptance Model (TAM). Data were collected by showing audiovisual material on telehealth services to online panels and requesting them to respond to a structured questionnaire sheet, which is known as the information acceleration method. Among the 1,165 adult respondents, 608 valid samples were finally chosen, while the remaining were excluded because of incomplete answers or allotted time overrun. In order to test the reliability and validity of the assessment scale items, we carried out reliability and factor analyses, and in order to explore the causal relation among potential variables, we conducted a structural equation modeling analysis using AMOS 7.0 and SPSS 17.0. The research outcomes are as follows. First, service quality, innovativeness of medical technology, and social influence were shown to affect perceived ease of use and perceived usefulness of the telehealth service, which was statistically significant, and the two factors had a positive impact on willingness to accept the telehealth service. In addition, social influence had a direct, significant effect on intention to use, which is paralleled by the TAM used in previous research on technology acceptance. This shows that the research model proposed in the study effectively explains the acceptance of the telehealth service. Second, the research model reveals that information privacy concerns had a insignificant impact on perceived ease of use of the telehealth service. From this, it can be gathered that the concerns over information protection and security are reduced further due to advancements in information technology compared to the initial period in the information technology industry, and thus the improvement in quality of medical services appeared to ensure that information privacy concerns did not act as a prohibiting factor in the acceptance of the telehealth service. Thus, if other factors have an enormous impact on ease of use and usefulness, concerns over these results in the initial period of technology acceptance may become irrelevant. However, it is clear that users' information privacy concerns, as other studies have revealed, is a major factor affecting technology acceptance. Thus, caution must be exercised while interpreting the result, and further study is required on the issue. Numerous information technologies with outstanding performance and innovativeness often attract few consumers. A revised bill for those urgently in need of telehealth services is about to be approved in the national assembly. As telemedicine is implemented between doctors and patients, a wide range of systems that will improve the quality of healthcare services will be designed. In this sense, the study on the consumer acceptance of telehealth services is meaningful and offers strong academic evidence. Based on the implications, it can be expected to contribute to the activation of telehealth services. Further study is needed to assess the acceptance factors for telehealth services, such as motivation to remain healthy, health care involvement, knowledge on health, and control of health-related behavior, in order to develop unique services according to the categorization of customers based on health factors. In addition, further study may focus on various theoretical cognitive behavior models other than the TAM, such as the health belief model.

Analysis of Experimental Researches in Korea on the Effects of Aromatherapy to Relieve Pain (아로마테라피의 통증 감소 효과에 관한 국내 실험논문 분석)

  • Park, Jeong-Sook;Park, Jeong-Eon;Yang, Jang-Soon;Kwak, Hye-Weon;Han, Jung-An
    • Journal of Hospice and Palliative Care
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    • v.14 no.1
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    • pp.8-19
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    • 2011
  • Purpose: This study identifies research trends and provides fundamental data related to curative power of aromatherapy to relieve pain in Korea. Methods: The study analyzed 44 experimental studies on humans that were published in Korea before the end of December, 2009. The key words used for searching were: aroma, aromatherapy, hyang-yobeob, hyanggi-yobeob, hyanggichilyo, aromatherapy and pain, headache, scapulodynia, omodynia, feeling uncomfortable in the perineal region, sense of pain, labor pains, arm pain, menstrual pain, aches, and dysmenorrheal. Those words were found on websites, including those for Korea Education & Research Information Service, the National Assembly Library, KISS, KoreaMed, and NDSL. Collected data were analyzed using descriptive statistics. Results: The results showed that most of essential oils to relieve pain is composed of three to four kinds of oils, including Lavender, Roman chamomile, Rosemary, and Clarysage. Aromatherapy is applied usually by means of massage (50%), inhalation (13.6%), or a combination of the above two (13.6%). Measuring instruments as a dependent variable include VAS, questionnaire, GRS, blood pressure, pulse, and Algometer. Aromatherapy plays an important role in soothing headaches and arthralgia. However, when it comes to labor and menstrual pain, it doesn't seem to be effective. Conclusion: The study found that different kinds of oil, frequencies, and periods of time are used for the same symptoms. Further research should employ standardized oil blending, application, duration, and measuring instruments, and more systematically analyze the effects of aromatherapy to establish the effects on relieving pain.