• Title/Summary/Keyword: PUBLIC HEARING

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The definition and the nature of voluntary agreement for the arbitration which third party confirms factual bases of relationship of rights and duties, determines and supplements or modifies contents of the contract (중재감정계약의 의의 및 법적 성질)

  • 강수미
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.55-88
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    • 2002
  • Arbitration Act does not have express provision about voluntary agreement for the arbitration which third party, that is, the expert confirms factual bases of party's relationship of rights and duties, determines contents of the contract, and supplements or modifies contracts, and then the parties obey the expert's decision, but it is more probable that the parties can agree to this kind of arbitration agreement as long as they freely make a contract within the scope of law. However, there is a split of authority on the scope of such arbitration agreement. Some scholars argue that the parties can only agree on the extent of the expert's confirmation about factual situations of party's relationship of rights and duties or contents of the contract. On the other hand, the other scholars argue that the parties can consent not only the expert's confirmation about factual situations of party's relationship of rights and duties or contents of contract, but also the expert's supplement or modification of contents of contract. Due to the expert's decision has effect on both parties and judges who give a judgment as a matter of law, this kind of arbitration agrement can contribute to prevent litigation. Also arbitration relieves court's burden, if such arbitration agreement was done on the important disputes. Considering that the arbitration agreement can function as a dispute resolution or a dispute prevention, it is desirable that legislators make the provision about this kind of arbitration and allow the application of arbitration Act in such arbitration agreement. Most scholars agree that the voluntary agreement for the arbitration as to third party's supplement or modification of contents of the contract can be included in the concept of a substantive law. However, it has not been concluded whether the voluntary agreement for the arbitration which follows the expert's confirmation about factual situations of party's relationship of rights and duties or contents of the contract has the nature of substantive law or procedural law. The dispute about the nature of such arbitration agreement have some shortcomings in the effect of second kind of voluntary arbitration and the applicability of procedural principles. Therefore, it will be more adequate that the focus is given to the original function of this kind of arbitration agreement and the applicability of procedural principles (the neutrality of arbitrator, the assurance of hearing of the parties) rather than the dispute regarding the nature of this kind of arbitration agreement. Considering that more attention is given to the substitutive dispute resolution these days, the function of arbitration as prevention to the litigation and resolution before the litigation should be emphasized. To do this, a legal dispute about such arbitration agreement has to be resolved. More important issues in this kind of arbitration agreement are to retain of the neutral expert and to positively inform the benefits of this institution to the public.

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Study on Life Satisfaction of Groups According to Farm Work and Leisure Activity in Rural Elderly (농촌 노인의 일.여가활동 유형에 따른 삶의 만족감)

  • Kim, Jong-In;Kim, Yun-Jeong
    • Journal of Agricultural Extension & Community Development
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    • v.19 no.2
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    • pp.321-353
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    • 2012
  • This study aims to find out ways of improving life satisfaction of rural elderly by investigating their work and leisure activity, two significant axis of the life in later life. For this purpose, researchers and one assistant researcher visited house, senior citizen's center and health center, in order to have interviews with senior citizen above 65, who are currently working in the field. The summary of the research findings are as follows; First, the average size of the farm land which each senior citizen works on is $9,237.92m^2$ and they mostly work for economic reason. During farming season, they work on average 8.62 hour per day. As primary reasons for why farming work is difficult, "insufficient income" was picked. In fact, the average annual income senior citizens earn from farming is about 15.4 million won. 49.1% of sample senior citizens work both on watered farm and farm, and they are engaged in farming 48.82 years on average, showing that most of their lives have been spent on farming. In spite of these difficulties, most senior citizens showed high intention to continue farming work further. Second, senior citizens turn out to spend their leisure time mostly on public leisure activities such as watching TV, hearing radio and gatherings with families, relatives. However, individual activities such as meditation, yoga, drawing and calligraphy turn out to be low because they require foundations to enjoy. Third, senior citizen in rural areas were divided into four groups by farm work and leisure activity: group separated from work and leisure activity(27.09%), group centered to leisure activity(24.42%), group centered to work(23.75%), and group integrated work and leisure activity(23.75%). Fourth, the groups were different depending on demographic characteristics. Namely, male senior citizen, higher educational level, living in elderly couple households, and satisfied with their economic level belonged to the group integrated work and leisure activity. But senior citizen aged above 65 years old and working for their livelihood belonged to the group centered to work, and most of female and senior citizen aged above 80 years old belonged to the group separated from work and leisure activity. Finally, as the result of analysis of differences in life satisfaction according to farm work and leisure activity of senior citizen in rural areas, the group integrated work and leisure activity, and group centered to leisure activity were higher in life satisfaction than the group separated from work and leisure activity, and group centered to work. The above result indicates that life satisfaction of senior citizen depends upon leisure activity rather than work.

Korean Food Exchange Lists for Diabetes: Revised 2010 (2010 당뇨병 환자를 위한 식품교환표 개정)

  • Ju, Dal-Lae;Jang, Hak-Chul;Cho, Young-Yun;Cho, Jae-Won;Yoo, Hye-Sook;Choi, Kyung-Suk;Woo, Mi-Hye;Sohn, Cheong-Min;Park, Yoo-Kyoung;Choue, Ryo-Won
    • Journal of Nutrition and Health
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    • v.44 no.6
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    • pp.577-591
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    • 2011
  • A food exchange system for diabetes is a useful tool for meal planning and nutritional education. The first edition of the Korean food exchange lists was developed in 1988 and the second edition was revised in 1995. With recent changes in the food marketplace and eating patterns of Koreans, the third edition of food exchange lists was revised in 2010 by the Korean Diabetes Association, the Korean Nutrition Society, the Korean Society of Community Nutrition, the Korean Dietetic Association and the Korean Association of Diabetes Dietetic Educators through a joint research effort. The third edition is based on nutritional recommendations for people with diabetes and focuses on adding foods to implement personalized nutrition therapy considering individual preferences in diverse dietary environment. Foods were selected based on scientific evidence including the 2007 Korea National Health and Nutrition Examination Survey data analysis and survey responses from 53 diabetes dietetic educators. While a few foods were deleted, a number of foods were added, with 313 food items in food group lists and 339 food items in the appendix. Consistent with previous editions, the third edition of the food exchange lists included six food categories (grains, meat, vegetables, fats and oils, milk, and fruits). The milk group was subdivided into whole milk group and low fat milk. The standard nutrient content in one exchange from each food group was almost the same as the previous edition. Korea Food & Drug Administration's FANTASY (Food And Nutrient daTA SYstem) database was used to obtain nutrient values for each individual food and to determine the serving size most appropriate for matching reference nutrients values by each food group. The revised food exchange lists were subjected to a public hearing by experts. The third edition of the food exchange lists will be a helpful tool for educating people with diabetes to select the kinds and amounts of foods for glycemic control, which will eventually lead to preventing complications while maintaining the pleasure of eating.

The Adoption of Risk Assessment Methodology in Exposure Assessment (근로자 노출평가제도 내 위험성평가 방법론의 적용)

  • Kim, Seung Won;Choi, Sangjun;Phee, Young Gyu;Kim, Kab Bae
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.25 no.4
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    • pp.482-492
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    • 2015
  • Objectives: Exposure Assessment for workplace hazards where the exposure level is below occupational exposure limits(OELs) has been performed without considering either the degrees of risk or exposure levels and has failed to lead to intervention in many cases. The objective of this study was to suggest and test an application framework for risk assessment methodology under the current exposure assessment system in Korea. Materials: First, we investigated the exposure assessment systems in Korea and other countries. To adopt some risk assessment techniques, we also analyzed risk assessment systems and compared them to exposure assessment systems. A few suggestions were made. We held a public hearing during an industrial hygiene conference and took surveys using a questionnaire. Results: The first suggestion was to implement the risk assessment and exposure assessment through a "one-stop" system. In that case, one expected question would be who has been doing the jobs so far. In most cases, industrial hygiene consulting services or laboratories have been performing exposure assessment for business owners. Business owners are required to perform risk assessment. As two different groups of people will be required to implement two things in a one-stop system, they need to share information. As an information vehicle to share information, commonly filed survey checklists were suggested. The second suggestion was to categorize exposure level into four groups instead of the current binary divisions based on OELs. In the risk assessment system, exposure level is divided into four groups utilizing the cut-points of 10%, 50%, and 100% of OELs. The same schema can be adopted in the exposure assessment system and different levels of requirements can be assigned for each group. The third suggestion was regarding the regulation system. To provide the suggestions some thrust toward being implemented in the field, changes should be made in the legal system. Two different types of new exposure assessment result reporting forms were suggested. Some investigations such as an ergonomic survey are officially accepted as risk assessment under the current legal system. A few items were suggested to be included in the exposure assessment result reporting to be accepted as risk assessment. A pilot study in two small factories was performed and pointed out the strengths and weakness of our suggestions. Conclusions: Discussions and studies on the improvement of the exposure assessment system have been held for decades and no tangible changes have yet been made. We hope this result can help realize healthy lives for workers in Korea.

Hospice Medicine and Nursing Ethics (호스피스의료와 간호윤리)

  • Moon, Seong-Jea
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.385-411
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    • 2008
  • The goal of medicine is to contribute to promoting national health by preventing diseases and providing treatment. The scope of modern medicine isn't merely confined to disease testing, treatment and prevention in accordance to that, and making experiments by using the human body is widespread. The advance in modern medicine has made a great contribution to valuing human dignity and actualizing a manly life, but there is a problem that has still nagged modern medicine: treatment and healing for terminal patients including cancer patients. In advanced countries, pain care and hospice medicine are already universal. Offering a helping hand for terminal patients to lead a less painful and more manly life from diverse angles instead of merely focusing on treatment is called the very hospice medicine. That is a comprehensive package of medical services to take care of death-facing terminal patients and their families with affection. That is providing physical, mental and social support for the patients to pass away in peace after living a dignified and decent life, and that is comforting their bereaved families. The National Hospice Organization of the United States provides terminal patients and their families with sustained hospital care and home care in a move to lend assistance to them. In our country, however, tertiary medical institutions simply provide medical care for terminal patients to extend their lives, and there are few institutional efforts to help them. Hospice medicine is offered mostly in our country by non- professionals including doctors, nurses, social workers, pastors or physical therapists. Terminal patients' needs cannot be satisfied in the same manner as those of other patients, and it's needed to take a different approach to their treatment as well. Nevertheless, the focus of medical care is still placed on treatment only, which should be taken seriously. Ministry for Health, Welfare & Family Affairs and Health Insurance Review & Assessment Service held a public hearing on May 21, 2008, on the cost of hospice care, quality control and demonstration project to gather extensive opinions from the academic community, experts and consumer groups to draw up plans about manpower supply, facilities and demonstration project, but the institutions are not going to work on hospice education, securement of facilities and relevant legislation. In 2002, Ministry for Health, Welfare & Family Affairs made an official announcement to introduce a hospice nurse system to nurture nurse specialists in this area. That ministry legislated for the qualifications of advanced nurse practitioner and a hospice nurse system(Article 24 and 2 in Enforcement Regulations for the Medical Law), but few specific plans are under way to carry out the regulations. It's well known that the medical law defines a nurse as a professional health care worker, and there is a move to draw a line between the responsibilities of doctors and those of nurses in association with medical errors. Specifically, the roles of professional hospice are increasingly expected to be accentuated in conjunction with treatment for terminal patients, and it seems that delving into possible problems with the job performance of nurses and coming up with workable countermeasures are what scholars of conscience should do in an effort to contribute to the development of medicine and the realization of a dignified and manly life.

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Study on the 'Diagnosis and Treatment of Terror and Palpitation due to Fright and the Several Hemorrhagic Diseases' in Synopsis of Golden Chamber (금궤요략${\cdot}$경계토뉵하혈흉만어혈병맥증병치 제십육(第十六)에 대(對)한 연구(硏究))

  • Yun, Ju-Heon;Park, Kum-Sook;Kwon, Mi-Ja;Lim, Dong-Kook;Jeong, Heon-Young
    • Journal of Physiology & Pathology in Korean Medicine
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    • v.22 no.1
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    • pp.13-24
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    • 2008
  • This Chapter mentioned Terror and Palpitation due to Fright(驚悸) and Hemorrhagic disease(血證). Terror and Palpitation due to FrightAcctually Terror(驚) is different from Palpitation(悸). Terror(驚) is one of the seven emotions. But in this case, It refer to the Palpitation and the uneasiness of mind due to one's hearing a strange sound of seeing a strange. Tremulous Pulse can be appear. So Terror(驚) is caused by Exopathic Factors(外因) and belongs to Excess syndrome(實證). Palpitaion(悸) is the sensation of plamus, palpitation and unrest not because of being frightened. It is usurally caused by the deficiency of Ki(氣) and blood(血). So Deep, Thready and weak pulse can be appear. So Palpitaion(悸) is caused by Endopathic Factors and belongs to Deficiency Syndrome. In this Chapter, Terror and Palpitation due to Fright(驚悸) treat with the Kyeji-ke-jakyak-ka-chokchil-moryu-yongkol-kuyuk-tang(桂枝去芍藥加蜀漆牡蠣龍骨救逆湯) and Banha-mahwang-hwan(半夏麻黃丸). There are two type in Hemorrhagic disease(血證). One is bleeding(出血) and another is blood stasis(瘀血). The contents which relate with the Hemorrhagic disease(血證) are Hematemisis(吐血), Rhinorrhagia, Hemafecia(下血). In hemorrhage pathological mechanisms, there are two mechanisms. One is that Fire and Heat(火熱) pressure blood. Another is that cold and deficiency(虛寒) disable Ki(氣) from keeping blood flowing within vessels. Blood stasis(瘀血) can be called Extravasated Blood(惡血), Coagulated Blood, Blood retention(蓄血,積血), Dead Blood(死血) and Emaciation due to Blood disorder(乾血). It refer to a morbid state of unsmooth circulation and blood stagnancy often resulting from Ki(氣) stagnation, Ki(氣) deficiency and accumulation of pathogenic coldness. The symptom of Blood stasis are 'Fullness sensation in the chest, Lip Flaccidity, Cyonotic Tongue and Dryness of Mouth'. And the man who have Blood stasis, want to rinse his mouth with the water, but he can't drink the water because there isn't interior Heat of Excess Type. The symptom of Cyonotic Tongue(舌靑) had influence on diagnosing Blood stasis(瘀血) in offspring.

The nature of practical problem focused Family and Consumer Sciences curriculum (실천적 문제 중심 가정과 교육과정의 이해)

  • Yoo, Tae-Myung
    • Journal of Korean Home Economics Education Association
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    • v.18 no.4 s.42
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    • pp.193-206
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    • 2006
  • The national level curriculum revision is underway in Korea. A proposed model of family and consumer sciences curriculum was proposed for a public hearing, which was held in December 15, 2005. In the model curriculum, practical problem focused curriculum development approach is partially adopted. However, there is lack of understanding for the practical problem focused curriculum, therefore correct understanding of it is needed. This study tried to promote understanding of the nature of perennial practical problem that FCS deals with and of a conceptual framework of practical problem focused curriculum development. Seven competing topics related with practical problem focused curriculum are discussed for resolving misunderstandings and prejudice on it. From the discussion, it is concluded that practical problem focused curriculum is meeting the needs of students' present and future individual and family life.

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Redifining Digital Poverty : A Study on Target Changes of the Digital Divide Survey for Disabilities, Low-Income and Elders (정보소외계층 재정의를 통한 정책방향의 제시: 정보격차조사 모집단으로서 장애인, 저소득층, 장노년층을 중심으로)

  • Lee, Hyangsoo;Lee, Seong-Hoon;Choi, Jeong-A
    • Journal of Digital Convergence
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    • v.14 no.3
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    • pp.1-12
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    • 2016
  • The definition of digital poverty has not been changed since it was used at the first digital divide survey in 2000s. The objective of this study is to reexamine and redefine digital poverty targets of digital divide survey. This study examines the present state for the target of the digital divide survey focusing on Disabilities, Low-Income and Elders and then redefines digital poverty for them. The results suggest to reexamine 15 types of disabilities by the revised the Disabled Welfare Law as digital divide targets, rather than limiting to physical, brain, hearing and visual disabilities. For the low-income target, people on the second-to-the bottom income bracket as well as those on basic welfare should be included as the target of low-income people for digital poverty. The age of the elder target for digital poverty should be adjusted to sixty-five or more in the era of aging population.

A Basic Study on The Management Plan of Traditional Gardens in Folk Houses as a Park (민가정원의 효율적 유지관리를 위한 공원화 방안에 대한 기초연구)

  • Yeom, Sung-Jin
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.33 no.3
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    • pp.50-57
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    • 2015
  • A traditional garden in Korea has diverse cultural, historical values, such as the then phases of the times, life phase, culture and art, etc. because it was developed on the basis of the harmony between nature and artificial structures. However, in reality, it's urgent to do efficient, continuous maintenance of traditional gardens which are being damaged and lost due to the problems like an owner's aging, inheritance, and lack of management, etc., especially in case of private property which was designated as a cultural property among such traditional gardens under the Cultural Properties Protection Law. Accordingly, this study conducted this research in a bid to use these research results as basic evidentiary materials for suggesting directivity in introduction of park planning of traditional gardens in folk houses in the near future by implementing the case investigation of transformation into public parks from traditional private gardens in Japan, which is putting the newly introduced park planning to efficient use, together with its systematic management, and the survey on domestic traditional gardens in folk houses status, as well as the hearing-based survey on a traditional gardens in folk houses owner's level of willingness to accept the introduction of parking planning. As a result, this study could confirm that in case of traditional gardens in Japan, they are mobilizing the revenue from admission fees for traditional gardens maintenance by incorporating the main entity of possession, and Japan is promoting transformation of traditional gardens into parks on the basis of use and preservation through the connection with local governments and research institutes. In addition, as a result of surveying domestic traditional gardens in folk houses, it was found that most of the garden owners had hardships in its management, and they were positive about systematic maintenance of gardens through park planning.

Barrier Free Accessibility to Trains for All

  • Rentzsch, Manfred;Seliger, Denis;Meissner, Thomas;Wessner, Claudia
    • International Journal of Railway
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    • v.1 no.4
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    • pp.143-148
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    • 2008
  • This paper is the output of a collaborative European project concerning the barrier free accessibility for disabled persons to regional and long distance trains in Europe. Disabled people represent around 13% of the population in Europe. This is approximately 63 million people. The range of disabilities includes people with reduced mobility including wheel chair users, viewing and hearing impaired people and other forms of impairment. Improving accessibility aims at contributing to the provision of public transport services to all citizens in an equitable way. The purpose of the project was to analyse and to evaluate the existing solutions at selected European railways for all required modules at the entrance (doors, information and safety solutions), to derive a design concept, to develop a mock-up in meeting the needs of rail travellers with the above mentioned impairments and to test it with user groups. The project also aims at deriving components for the determination of standards. The EUPAX Design Mock-up test was performed to verify the advantages of the layout of the train segment including the different modules such as access area (including the access door, gaps between platform and train as well as boarding aid devices), entrance vestibule, information systems inside and outside the train, emergency facilities, toilet with all conveniences and the additional test arrangements regarding push buttons, steps and emergency equipment. For this purpose a questionnaire was developed for the assessment of the EUPAX segment and the additional test arrangements. With the help of this questionnaire it was possible to execute a quantitative and qualitative evaluation. During three test phases 67 experts and handicapped persons from 6 countries have evaluated the Industrial Design mock-up based on this questionnaire. The test group covered persons from North (Denmark) to the South (Italy) and from the West (Spain) to the Middle of Europe (Germany). This is especially important for the generalization (harmonisation) of the results for all European countries. According to COST 335 the information for people with reduced mobility should be clear, concise, accurate and timely. So that all information can be received from persons, they must be transferred on at least two of the three possible ways (acoustical, visual, tactile), a so called "2-sense-principle". Based on the results ergonomic specifications/ solutions for the ergonomic design of the access area, the acoustic, visual and tactile information and the emergency devices including the emergency communication system were developed, related to the benefiting passenger groups.

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