• Journal of Arbitration Studies
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• v.19 no.2
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• pp.95-126
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• 2009

One of the controversial issues in investor-state investment arbitration is the interpretation of "umbrella clause" that is found in most BIT and FTAs. This treaty clause requires on Contracting State of treaty to observe all investment obligations entered into with foreign investors from the other Contracting State. This clause did not receive in-depth attention until SGS v. Pakistan and SGS v. Philippines cases produced starkly different conclusions on the relations about treaty-based jurisdiction and contract-based jurisdiction. More recent decisions by other arbitral tribunals continue to show different approaches in their interpretation of umbrella clauses. Following the SGS v. Philippines decision, some recent decisions understand that all contracts are covered by umbrella clause, for example, in Siemens A.G. v. Argentina, LG&E Energy Corp. v. Argentina, Sempra Energy Int'l v. Argentina and Enron Corp. V. Argentina. However, other recent decisions have found a different approach that only certain kinds of public contracts are covered by umbrella clauses, for example, in El Paso Energy Int'l Co. v. Argentina, Pan American Energy LLC v. Argentina and CMS Gas Transmission Co. v. Argentina. With relation to the exhaustion of domestic remedies, most of tribunals have the position that the contractual remedy should not affect the jurisdiction of BIT tribunal. Even some tribunals considered that there is no need to exhaust contract remedies before bringing BIT arbitration, provoking suspicion of the validity of sanctity of contract in front of treaty obligation. The decision of the Annulment Committee In CMS case in 2007 was an extraordinarily surprising one and poured oil on the debate. The Committee composed of the three respected international lawyers, Gilbert Guillaume and Nabil Elaraby, both from the ICJ, and professor James Crawford, the Rapportuer of the International Law Commission on the Draft Articles on the Responsibility of States for Internationally Wrongful Acts, observed that the arbitral tribunal made critical errors of law, however, noting that it has limited power to review and overturn the award. The position of the Committee was a direct attack on ICSID system showing as an internal recognition of ICSID itself that the current system of investor-state arbitration is problematic. States are coming to limit the scope of umbrella clauses. For example, the 2004 U.S. Model BIT detailed definition of the type of contracts for which breach of contract claims may be submitted to arbitration, to increase certainty and predictability. Latin American countries, in particular, Argentina, are feeling collectively victims of these pro-investor interpretations of the ICSID tribunals. In fact, BIT between developed and developing countries are negotiated to protect foreign investment from developing countries. This general characteristic of BIT reflects naturally on the provisions making them extremely protective for foreign investors. Naturally, developing countries seek to interpret restrictively BIT provisions, whereas developed countries try to interpret more expansively. As most of cases arising out of alleged violation of BIT are administered in the ICSID, a forum under the auspices of the World Bank, these Latin American countries have been raising the legitimacy deficit of the ICSID. The Argentine cases have been provoking many legal issues of international law, predicting crisis almost coming in actual investor-state arbitration system. Some Latin American countries, such as Bolivia, Venezuela, Ecuador, Argentina, already showed their dissatisfaction with the ICSID system considering withdrawing from it to minimize the eventual investor-state dispute. Thus the disagreement over umbrella clauses in their interpretation is becoming interpreted as an historical reflection on the continued tension between developing and developed countries on foreign investment. There is an academic and political discussion on the possible return of the Calvo Doctrine in Latin America. The paper will comment on these problems related to the interpretation of umbrella clause. The paper analyses ICSID cases involving principally Latin American countries to identify the critical legal issues arising between developing and developed countries. And the paper discusses alternatives in improving actual investor-State investment arbitration; inter alia, the introduction of an appellate system and treaty interpretation rules.

• Korea Journal of Hospital Management
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• v.3 no.1
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• pp.1-33
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• 1998

The purpose of this thesis is to study theoretical access to the methods that have been used for the research of occupational stress, thereby providing management methods of occupational stress of hospital workers. With a stress model of hospital workers set up from the viewpoint of organization management, 929 sets of questionnaires were collected from intern doctors, resident doctors, nurses, nursing aides, pharmacists, medical technicians, workers in patient affairs(reception and medical insurance workers), administrators and clerks from the 8 hospitals in Seoul with more than 500 beds. Upon variance analysis, correlation analysis and regression analysis of the collected questionnaires, this work examined how differences in stress caused by specific occupations and formulated a method of stress management for the hospital workers. The results are as follows. 1) If some duties of the nurses suffering from role-overloaded stress are transferred to the nursing aides dissatisfied with insufficient role, the two grunting groups can be satisfied at the same time. It is also necessary to transfer some jobs of the overloaded workers in patient affairs to the administrators, or the other way around. To reduce stress of conflict and ambiguity of role caused by the obscure division of roles between the workers, the role of each occupation should be delineated and the clear division of roles should be translated into action strictly according to that delineated. 2) Stress of inefficiency of organization from which the student doctors suffer can be relieved by management of participation. If they have access to the process of decision-making in general hospital affairs and consequently their understanding and the autonomy of job performance are promoted, such stress will be reduced. 3) To cope with stress of career development from which nurses, medical technicians, administrators, workers in patient affairs suffer, it is necessary to establish whether they have a chance to revive their careers, whether there are any ways of remotivation for less contributive workers, and whether they encourage each other to develope their careers. If they are given a chance to develope their careers, such stress will be relieved. 4) Pharmacists, suffering from stresses of living and personal relations, have strong cohesive power among themselves and organize a well-integrated team; thereby reducing the stress of personal relations and increasing productivity. 5) For administrators and student doctors confined to lesser social supports and for nurses and workers in patient affairs whose recognition of stress and job satisfaction are affected by social supports, emotional and informational supports for job performance help alleviate an individual's mental, and physical stress. 6) In addition to the above-mentioned stress-management methods, if an organizational coping strategy is provided according to the types of stress from the general viewpoint of the whole group of hospital workers, it would be of great help to managing stress. For example, the redesign of jobs, the management of objective, the improvement of working environment, the formation of an autonomous working group and various working plans can be set up for those who suffer from stress related to inappropriate role, while career counseling and development of career process can be provided for those dissatisfied with career development. Participation in the process of decision-making and the restructuring of the organization are needed for those who suffer from stress of malfunctioning organization, whereas creation of a supportive organizational atmosphere is desired for those who feel stressed due to personal relations. As well, such organizational coping strategies. as the increase of welfare facilities, seminars and educational programs and provision of health-promotion facilities can be provided.

• Asia pacific journal of information systems
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• v.19 no.2
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• pp.1-42
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• 2009

In a knowledge-based society, a firm's intellectual capital represents the wealth of ideas and ability to innovate, which are indispensable elements for the future growth. Therefore, the intellectual capital is evidently recognized as the most valuable asset in the organization. Considered as intangible asset, intellectual capital is the basis based on which firms can foster their sustainable competitive advantage. One of the essential components of the intellectual capital is a social capital, indicating the firm's individual members' ability to build a firm's social networks. As such, social capital is a powerful concept necessary for understanding the emergence, growth, and functioning of network linkages. The more social capital a firm is equipped with, the more successfully it can establish new social networks. By providing a shared context for social interactions, social capital facilitates the creation of new linkages in the organizational setting. This concept of "person-environment fit" has long been prevalent in the management literature. The fit is grounded in the interaction theory of behavior. The interaction perspective has a fairly long theoretical tradition, beginning with proposition that behavior is a function of the person and environment. This view asserts that neither personal characteristics nor the situation alone adequately explains the variance in behavioral and attitudinal variables. Instead, the interaction of personal and situational variables accounts for the greatest variance. Accordingly, the person-environment fit is defined as the degree of congruence or match between personal and situational variables in producing significant selected outcomes. In addition, information systems acceptance factors enable organizations to build large electronic communities with huge knowledge resources. For example, the Intranet helps to build knowledge-based communities, which in turn increases employee communication and collaboration. It is vital since through active communication and collaborative efforts can employees build common basis for shared understandings that evolve into stronger relationships embedded with trust. To this aim, the electronic communication network allows the formation of social network to be more viable to rapid mobilization and assimilation of knowledge assets in the organizations. The purpose of this study is to investigate: (1) the impact of person-environment fit(person-job fit, person-person fit, person-group fit, person-organization fit) on social capital(network ties, trust, norm, shared language); (2) the impact of information systems acceptance factors(availability, perceived usefulness, perceived ease of use) on social capital; (3) the impact of social capital on personal performance(work performance, work satisfaction); and (4) the mediating role of social capital between person-environment fit and personal performance. In general, social capital is defined as the aggregated actual or collective potential resources which lead to the possession of a durable network. The concept of social capital was originally developed by sociologists for their analysis in social context. Recently, it has become an increasingly popular jargon used in the management literature in describing organizational phenomena outside the realm of transaction costs. Since both environmental factors and information systems acceptance factors affect the network of employee's relationships, this study proposes that these two factors have significant influence on the social capital of employees. The person-environment fit basically refers to the alignment between characteristics of people and their environments, thereby resulting in positive outcomes for both individuals and organizations. In addition, the information systems acceptance factors have rather direct influences on the social network of employees. Based on such theoretical framework, namely person-environment fit and social capital theory, we develop our research model and hypotheses. The results of data analysis, based on 458 employee cases are as follow: Firstly, both person-environment fit(person-job fit, person-person fit, person-group fit, person-organization fit) and information systems acceptance factors(availability perceived usefulness, perceived ease of use) significantly influence social capital(network ties, norm, shared language). In addition, person-environment fit is a stronger factor influencing social capital than information systems acceptance factors. Secondly, social capital is a significant factor in both work satisfaction and work performance. Finally, social capital partly plays a mediating role between person-environment fit and personal performance. Our findings suggest that it is vital for firms to understand the importance of environmental factors affecting social capital of employees and accordingly identify the importance of information systems acceptance factors in building formal and informal relationships of employees. Firms also need to reflect their recognition of the importance of social capital's mediating role in boosting personal performance. Some limitations arisen in the course of the research and suggestions for future research directions are also discussed.

• Microbiology and Biotechnology Letters
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• v.41 no.1
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• pp.17-25
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• 2013

The thermotolerant methylotrophic yeast Hansenula polymorpha is an attractive model organism for various fundamental studies, such as the genetic control of enzymes involved in methanol metabolism, peroxisome biogenesis, nitrate assimilation, and resistance to heavy metals and oxidative stresses. In addition, H. polymorpha has been highlighted as a promising recombinant protein expression host, especially due to the availability of strong and tightly regulatable promoters. In this study, we investigated the possibility of employing human serum albumin (HSA) as the fusion tag for the secretory expression of heterologous proteins in H. polymorpha. A set of four expression cassettes, which contained the methanol oxidase (MOX) promoter, translational HSA fusion tag, and the terminator of MOX, were constructed. The expression cassettes were also designed to contain sequences for accessory elements including His8-tag, $2{\times}(Gly_4Ser_1)$ linkers, tobacco etch virus protease recognition sites (Tev), multi-cloning sites, and strep-tags. To determine the effects of the size of the HSA fusion tag on the secretory expression of the target protein, each cassette contained the HSA gene fragment truncated at a specific position based on its domain structure. By using the Green fluorescence protein gene as the reporter, the properties of each expression cassette were compared in various conditions. Our results suggest that the translational HSA fusion tag is an efficient tool for the secretory expression of recombinant proteins in H. polymorpha.

• Journal of Korean Medical classics
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• v.23 no.2
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• pp.205-223
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• 2010

In Korean Traditional Medicine(abbreviated to K.T.M.), hyperhidrosis and anhidrosis are the targets of the medical treatment. Furthermore sweating appearance is also one of the important symptoms which explain a particular situation of the patient in K.T.M. And at "Sanghanron(傷寒論)" which is a traditional chief clinical bible written by Jang Gi(張機) later Han dynasty(漢代) in China made full use of the various kinds of diaphoresis[汗法] as a main medical treatment with purgation therapy[下法] and emetic therapy[吐法]. So the sweat in itself not only is the disease, but also is one of the symptoms explain a disease pattern. This thesis inquires into "Hwangjenaegyeong(黃帝內經)" referring to sweat which is the origin of recognition to the sweat in K.T.M. Some theses similar to this research had been made progresses and already reported, but most of them have classified the contents into biology, pathology, diagnosis, treatment after the model of western medical theory. In the aspect of comparative studying with other literature and clinic practical using, we found characteristics of referring to sweat in "Hwangjenaegyeong(黃帝內經)". And we classify the characteristics into some categories as follows. 1. There are some terms which make a title including sweat and symbolize the characteristics, for example sweat of soul[魄汗], sweat of death[絶汗], sweat of streaming[灌汗], sweat of weakness[白汗], sweat of sleep[寢汗], sweat of bright and heat[炅汗], sweat of kidney[腎汗], sweat of escaping[漉汗], cold sweat[寒汗], sweat on the head[頭汗], hyperhidrosis[多汗], heavy sweat[大汗]. But there aren't spontaneous sweat[自汗] or sweat like a thief[盜汗] which are the normal terms referring to sweat in history of K.T.M. And there are several descriptions about sweat appearance such as sweating in half of body[汗出偏沮], sweating in the rear end and thigh and knee[汗出尻陰股膝], hyperhidrosis in the neck and aversion to wind[頸多汗惡風], hyperhidrosis in the head and face and aversion to wind[頭面多汗惡風], cannot stopping the sweating under head[頭以下汗出不可止], make a person sweat to one's feet[令汗出至足], sweating like escaping[漯漯然汗出], sweating like soaking[汗出如浴], sweating become moist[汗出溱溱], hardly escaping sweat[汗大泄], escaping sweating[漉漉之汗], sweat moisten the pores [汗濡玄府], ceaseless sweating like pouring[汗注不休] sweating like pouring and vexation[汗注煩心], damp with sweat[汗汗然], sweating spontaneously[汗且自出], removal of fever with sweat drying[熱去汗稀]. That can be divided into sweat region and sweat form. 2. There are detailed explanations of the principle of perspirations caused by hot weather, hot food, hard working and meeting damp pathogen. 3. There are some explanations of the principle of removing fever due to the excessive heat from internal and external body through sweating by replenishing the body fluid. And many descriptions about overcoming the febrile disease by dropping temperature through sweating and many diaphoresis for curing. 4. There are some descriptions about five Jang organs perspirations and attachment of five mucous body fluid to five Jang organs. 5. There are pathogenic progresses after sweating affected by the Six Atmospheric Influences and water. And detailed explanations of disease mechanism a sweat leading to another disease. 6. There are descriptions about various sweat absent situations.

• Journal of the Institute of Electronics Engineers of Korea CI
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• v.45 no.1
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• pp.25-36
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• 2008

Eye localization means localization of the center of the pupils, and is necessary for face recognition and related applications. Most of eye localization methods reported so far still need to be improved about robustness as well as precision for successful applications. In this paper, we propose a robust eye localization method using multi-scale Gabor feature vectors without big computational burden. The eye localization method using Gabor feature vectors is already employed in fuck as EBGM, but the method employed in EBGM is known not to be robust with respect to initial values, illumination, and pose, and may need extensive search range for achieving the required performance, which may cause big computational burden. The proposed method utilizes multi-scale approach. The proposed method first tries to localize eyes in the lower resolution face image by utilizing Gabor Jet similarity between Gabor feature vector at an estimated initial eye coordinates and the Gabor feature vectors in the eye model of the corresponding scale. Then the method localizes eyes in the next scale resolution face image in the same way but with initial eye points estimated from the eye coordinates localized in the lower resolution images. After repeating this process in the same way recursively, the proposed method funally localizes eyes in the original resolution face image. Also, the proposed method provides an effective illumination normalization to make the proposed multi-scale approach more robust to illumination, and additionally applies the illumination normalization technique in the preprocessing stage of the multi-scale approach so that the proposed method enhances the eye detection success rate. Experiment results verify that the proposed eye localization method improves the precision rate without causing big computational overhead compared to other eye localization methods reported in the previous researches and is robust to the variation of post: and illumination.

• Journal of the East Asian Society of Dietary Life
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• v.17 no.3
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• pp.351-363
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• 2007

Previously, we analyzed for nutrition knowledge and the use of nutrition knowledge in the everyday lives of students in order to develop nutrition education programs that focus on desirable behavior change. From this, we found that female students desired to participate in nutrition education more than male students, and regarding their concerns for nutrition education, 73.2% of the females and 50.0% of the males displayed interest in 'obesity and the regulation of body weight'. Therefore, this study showed female students give more attention to the obesity and the regulation of body weight than male students(p=.000<.001). In addition, female students had higher interests($8.63{\pm}1.67$) than male students ($7.45{\pm}2.03$) in nutrition knowledge(p=.000<.001). By investigating the use of nutrition knowledge in everyday life, our research indicated that the actual use of nutrition knowledge was less. To encourage students to persue dietary lives addressing the concerns confirmed above, the following needed to occur. 1) Provide them nutrition information for the main processed foodstuffs encountered when dining out(breads, cakes, cookies, and carbonated beverage). 2) Teach them to read food nutrition labels. 3) Help them find a lifestyle connection through lasting self-management methods and the generation of social support. Accordingly, this required developing effective and practical nutrition education programs that considered regional characteristics and gender differences. The most important factors considered during nutrition education program development were the need for motivation and ongoing education by stage of change, rather than temporal education through specific problem analysis, in order that those being educated may bring about a change of behavior by themselves. Therefore, from this study, we have suggested the use of multilateral operating strategies for successful nutrition education. In addition the phase model of behavior change should be applied. Our programs were aimed at self owned nutritional management so that students could master their own methods for acquiring skills and enjoying dietary life. The research may be summed up as follows. First, the purpose of education at the recognition stage of change was to attempt motivation for nutrition improvement, by analyzing the problems such as food buying habit and the main purchasing viewpoints when dining out. Second, the purpose of education at the action stage of change was to help students acquire of concrete methods for behavior modification by linking the program to their home as well as to teachers with various activities that suited the situation at school. This was done by analyzing the processes and decisions pertaining to dining out the main processed foodstuffs and principal components, etc. through data and experimental practice. Third, the purpose of education for changing of habits and values, or the maintenance stage, was to investigate the various reasons that undesirable behaviors were induced, and then determine a lasting self-management method as well as how to generate social support. If the nutrition education program developed in this study is utilized on site, someone in the primary role as the nutrition educator and trained specifically in nutrition, can help induce the health promotion in the community as well as lasting dietary management, by executing a link with families in parallel with educating teaching staff and students' parents. In addition, this program can playa role in the government policies related to the health promotion for our youth who are the foundation of our nation and who can enhance our national competitive power.

• Management & Information Systems Review
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• v.35 no.4
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• pp.169-184
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• 2016

Deferred tax assets (liability) in a company's financial statements are to reflect the temporary difference between taxable income and accounting income and therefore can provide useful information as a proxy for discretionary accruals. In addition, deferred tax assets allow a company to manage its earnings by reviewing the feasibility of the assets' recognition. As such, this study focused on deferred tax assets to examine their relationship with discretionary accruals, which were measured by a modified Jones model (Dechow et al. 1995), and investigated the impact of audit quality on this relationship. In order to control for the effects of tax rate change and measurement credibility, deferred tax assets of 2,670 non-financial firms from 2009 to 2010 were collected as samples for the study. The results of the empirical analysis are as follows. First, the samples as a whole indicated that deferred tax assets have a negative relationship with discretionary accruals in a general sense, but a high-quality audit did not reveal a significant relationship between them. Second, the 1,379 samples with negative discretionary accruals did not reveal a significant relationship between deferred tax assets and discretionary accruals; however, the result showed a significant negative relationship under a high-quality audit. These findings suggest that in the case of negative discretionary accruals, a high-quality audit restricts an earnings management technique that utilizes deferred tax assets and that the assets can be a useful tool for detecting discretionary accruals. The present study is meaningful in that, unlike previous research, it combined the two contrasting roles of deferred tax assets-that of an earnings management detector and an earnings management tool-to examine their general relationship. The study also suggested that audit quality could influence the usefulness of deferred tax assets in providing information on discretionary accruals.

• Journal of radiological science and technology
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• v.28 no.1
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• pp.33-44
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• 2005

The objective of this study is to supply the good quality of experts the radiation industries in Korea and develop the major subject matter needed in the radiation industries and the curriculum in order to execute it for the variation of fields of employment at the department of radiation in the junior college and the development of the percentage of employment. In addition, this study is to improve the level of radiation experts engaged in the industries in quality, and it is to improve the social recognition of radiation rather negative now because of the development of radiation industry. As for the core results of this research, it was to suggest the detailed choice method curriculum proper to the service fields of radiation industries, but it may be subject to change due to each college's property and the educational objectives. From the result of this research above, it may be summed up as follows. First, as for the detailed curriculum by the service field, this study was to organize two subject matters: 1. the subject matter proper to the field of using the radiation, and 2. the subject matters proper to the safety control field of radiation. Second, as for the detailed curriculum by the pattern of industries, this study was to organize the four subject matters: 1. the subject matter needed in the manufactures, 2. the subject matter needed in the nondestructive testing industries, 3. the subject matter needed in the sales agencies, and 4. the subject matter needed in the laboratories. This study was to suggest the operational model about the curriculum in order to execute these subject matters. It could be executed as two methods below. First, one method is to execute the major systems by the medical field and industrial field in the third course at the department of radiation in the junior college now. Second, the other method is to make them specialize the industrial radiation in the Advanced Course(one year course) after the graduation of junior college. To operate these curricula successively it needs to assume the deeper research and the development of materials about the subject matters related to the nuclear radiation industries hereafter. In addition, it needs to solve the security of finance like the manpower of professor, space for practice, and the educational appliances, etc. needed in the operation of subject matters. Finally, the effect and result from the development or revision of college curriculum did not come out in a short time. It will require considerable time until the undergraduates at the department in the junior college finish a set of curriculum newly developed, and graduate the university, and can get the results while they engage in their works in the industrial sites. Accordingly, all the interested parties have to anticipate the results of this research with the patience in long-standing point of view. Also, this researcher considers it as it is willing to give them the continuous interest and support.

• Journal of Korean Philosophical Society
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• v.126
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• pp.423-461
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• 2013

The researcher conducted this study to investigate what special meaning does an emotion experience program, a Confucianism philosophical thinking, has for Sunwoo(善友), and based on what structure it unveils a good clue of Sunwoo(善友); and to reveal the structure of philosophical counselling treatment simultaneously. Thus, the researcher performed an "emotion experience program for 3 weeks, targeting 22 research subjects and collected the data of their experience. As for date analysis, a phenomenological analytic method of Colaizzi (1978), one of qualitative research methods was used. It was because the phenomenological analytic method of Colaizzi was suggested to derive common properties of whole research subjects rather than those of individual research subject, which could help develop the theories of philosophical counselling treatment. The finding of the analysis revealed the intrinsic structure of the phenomenon which the research subjects experienced through "an emotion experience program" was reborn as 'unfamiliarity and suspicion', 'burden', 'recognition of a method and a need', 'self-reflection', 'awareness of nature and the correct behavior', 'joy and pleasure', and 'rebirth as a valuable existence'. These were categorized to examine the structure of philosophical counselling treatment. The findings revealed the treatment went through the precesses: 'the start of learning and intentional guidance', 'reflection', 'enlightenment', 'Sugichiin(修己治人)', 'freedom', and 'transcendence. Considering the purpose of Confucian philosophy is living valuable life and the accomplishment of objectives is based on the transcendence, realizing preallotment and putting it into practice, the structure of emotion experience by the research subjects is appropriate for the purpose of Confucian philosophy and the process of objective accomplishment.