• Journal of Korea Trade
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• v.24 no.8
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• pp.101-120
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• 2020

Purpose - The buyer's right to withhold performance is a useful and important self-help remedy to protect himself from the seller's breach of contract, and it is also the coercive means to induce the seller to perform his part of contract. However, the buyer's exercise of such a right often exposes himself to the risk of breaching the contract. This is generally due to his ignorance when he is entitled to the right and also uncertainties inherent in the law. Therefore, the purpose of this paper is to examine what the requirements should be fulfilled before the buyer exercises the right for the seller's actual breach of contract. Design/methodology - In order to achieve the purposes of the study, it executes a comparative study of the rules as to the requirements for the buyer's right to withhold performance for the seller's actual non-performance under the CISG and the CESL. It mainly focuses on performance due, the seller's non-performance, the buyer's readiness to perform and the requirement of notice. Findings - The main findings of this comparative study can be summarized as follows: Although the CISG has no expressive provision for the buyer's general right to withhold performance for the seller's actual non-performance, it may be inferred from the general principles the CISG underlies, synallagmatic nature of the contract. In addition, it can be drawn by analogy from relevant provisions of the CISG. On the other hand, the CESL expressively provides that the buyer has a general right to withhold performance where the seller fails to tender performance or perform the contract. Therefore, it seems that the position of CESL is rather easier and more apparent to allow the buyer to withhold performance for the seller's non-performance. Originality/value - Most of the existing studies on the right to withhold performance under the CISG have centered on the right to withhold performance for an anticipatory breach of contract. On the other hand, there have been few prior studies on the right to withhold performance for the actual nonperformance during a contractual period of performance. Therefore, this paper examined the requirements for the buyer's right to withhold performance under the CISG and the CESL in a comparative way for the seller's actual breach of obligation. In this conclusion, it may provide practical and legal considerations and implications for business people who are not certain about the right to withhold performance.

• 한국노년학
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• v.32 no.4
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• pp.1137-1146
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• 2012

The purpose of this study was to investigate differences on empowerment and YANGSAENG - traditional oriental health promotion - depression and non-depression for the elderly. This Study was a descriptive survey using convenience sampling. Elders(N=215), who agreed to participate in this study completed a self-report questionnaire from October to November of 2010. The collected data were analyzed with the SPSS 17.0 program, which was used for frequency, percentage, mean, standard deviation, t-test and Pearson correlation coefficients. The major findings of this study were as follows. 1) The mean(${\pm}$standard deviation) scores of each measure in this study were 6.61(${\pm}3.53$) for depression, 77.44(${\pm}11.87$) for empowerment, and 109.88(${\pm}18.19$) for YANGSAENG. 37.7% participants belong to the depression group. 2) There were significant differences between depression and non-depression on empowerment(t=6.62, p<.001), YANGSAENG(t=5.31, p<.001). 3) Specifically, among 8 subcategories of YANGSAENG, there were significant differences on Morality Yangsaeng(t=5.93, p<.001), Mind Yangsaeng(t=5.95, p.<001), Diet Yangsaeng(t=3.229, p=.002), Activity and Rest(t=2.21, p=.028), Exercise Yangsaeng(t=4.21, p.<001) and Sleep Yangsaeng(t=4.18, p<.001). 4) Lower depression scores were significantly related to having higher empowerment score(r=-.495, p<.001) and a higher YANGSAENG score(r=-.359, p<.001). Higher empowerment was significantly related to having higher YANGSAENG(r=.351, p<.001). In conclusion, Developing nursing intervention for the depression of the elderly needs more empowerment and more health promotion.

• The Journal of the Convergence on Culture Technology
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• v.8 no.1
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• pp.277-284
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• 2022

In this study, some of the contents of the sentence " Ti-Yu zhi Yan-Jiu " written by young man Mao Ze Dong were directly interpreted and examined, and it was intended to summarize what the reasons for this sport, which influenced the formation of his sports thoughts in the future, had on sports development in modern China. As a research method, the original text "Ti-Yu zhi Yan-Jiu" contains young man Mao Ze Dong's unique thoughts on physical education some of the introductions and Articles 2 and 6 of the main text are mainly cited and excerpted. In conclusion, in this sentence, Mao Ze dong summarized that physical education is the way to overcome virtue and knowledge, and active physical education activities accelerate individual self-realization. First, he is a physical education in Salvation is the purpose of the evils of physical education at the time and that actual physical education must be a story, and make some comments. Second, identity theory, he suggested Mental and physical unity. Third, in accordance with the practice was unusually simple and practical, representatively, the six physical fitness practices suggested in "Ti-Yu zhi Yan-Jiu" are important examples.

• The Journal of the Convergence on Culture Technology
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• v.8 no.4
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• pp.163-171
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• 2022

This study was conducted to understand the research trends and central concepts of middle-aged women' health in Korea. For the analysis of this study, target papers published from 2012 to 2021 were collected by entering the keywords of 'middle-aged woman' or 'menopausal woman'. 1,116 papers were used for analysis. The co-occurrence network of key words was developed and analyzed, and the research trends were analyzed through topic modeling of the LSD by dividing it into five-year units (2012-2016, 2017-2021), and visualized word cloud and sociogram were used. The keywords that appeared the most during the last 10 years were obesity, depression, body composition, stress, and menopause symptom. Five topics analyzed in the thesis data for 5 years from 2012 to 2016 were 'postmenopausal self-efficacy and satisfaction enhancement strategy', 'exercise to manage obesity and risk factors', 'intervention for obesity and stress', 'promotion of happiness and life management' and 'menopausal depression and quality of life' were confirmed. Five topics of research conducted for the next five years (2017-2021) were 'menopausal depression and quality of life', 'management of obesity and cardiovascular risk factors', 'life experience as a middle-aged woman', and 'life satisfaction and psychological well-being' and 'menopausal symptom relief strategy'. Through the results, the trend of research topics related to middle-aged women's health over the past 10 years have been identified, and research on health of middle-aged women that reflects the trend of the future should be continued.

• Informatization Policy
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• v.28 no.4
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• pp.54-75
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• 2021

The right to data portability needs to be introduced to strengthen the self-control of data subjects and promote personal data use. However, the right to data portability constitutes a high risk of invasion of privacy of data subjects and may infringe on the property rights of data controllers, so careful and thorough design is warranted. The right to data portability can intensify the concentration and monopoly of personal data, result in problems of overseas transfer of personal data held by public institutions, and enrich only the profits of giant platforms by burdening the data subject with high transfer cost. By contrast, SMEs are more likely to endure a personal data deprivation. From the proposed amendment to the Personal Data Protection Act are raised various legal issues such as. i) Whether to include inferred/derived data, personal data held by public institutions, activity data, sensitive data, and personal data of third parties within the scope of data portability; ii) whether SMEs are included in the data porting organization; iii) whether to exclude SMEs or large platforms from the scope of the data receiving organization; iv) Whether to allow the right to transmit to other data controllers, v) Whether to allow the overseas transfer of personal data held by public institutions, vi) How to safely exercise the right to data portability, vii) the scope of responsibility and immunity of a data porting organization, etc. The purpose of this paper is to propose the direction for legislative action based on various legal issues related to data portability.

• Journal of Family Resource Management and Policy Review
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• v.26 no.2
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• pp.37-51
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• 2022

This study examines the relationship between flexible work and workers' work-life balance using data from the 23rd Korean Labor and Income Panel Study, with a focus on the impact of working from home (WFH) during the COVID-19 pandemic. As a result of the analysis, WFH was found to have a positive effect on the happiness of workers, satisfaction with family relationships, job satisfaction, organizational commitment, and job satisfaction related to job security for women. In addition, we looked at the changes in time use of WFH workers and non-WFH workers before and after COVID-19, with a particular focus on aspects such as time spent sleeping and on self-development, childcare, housework, exercise, and social gatherings. Compared to non-WFH workers, WFH workers increased the time spent on housework and childcare after COVID-19, with this trend more pronounced among women. The results of this study suggest that the effect of utilizing WFH may be halved for workers who have to take care of children and work at the same time, and that this effect may be greater for women. Therefore, it is necessary to strengthen social support measures so that WFH workers who face a work-life conflict due to childcare can maintain work productivity and realize a work-life balance, and to ensure that the flexible work arrangement should not be a medium that reinforces traditional gender roles. Active policy efforts will be required to make sure this happens.

• Journal of Acupuncture Research
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• v.40 no.3
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• pp.245-251
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• 2023

Background: The incidence of facial palsy has been increasing. Many patients consult both Korean and Western physicians; however, no critical pathway (CP) for facial palsy has been established based on integrated medicine including Korean medicine, Western medicine, and complementary and alternative medicine. Thus, we developed and implemented an integrated CP for patients with acute facial palsy and investigated the satisfaction with CP. Methods: Overall, 20 patients who received treatment following the CP and 20 medical staff members involved in their care responded to a questionnaire survey. The questionnaire was developed based on a review of previous studies and focused on the satisfaction with the CP. Results: Patients' satisfaction score with the integrated CP was ≥ 4.4 for all items using a 5-point Likert-type scale. Smooth and cooperative treatment procedures, time-saving practices, and a clear explanation of the integrated treatment plan were satisfactory factors. Additionally, they preferred incorporating specialized facial massage and receiving education on self-exercise or massage techniques as complementary therapies. The medical staff members expressed a high level of satisfaction with the CP; however, the work division and treatment guidelines must be improved. Conclusion: An integrated CP program for acute facial palsy was implemented, and the satisfaction levels of patients and medical staff members were assessed. The results revealed high levels of satisfaction, and several improvements identified will be incorporated into clinical practice going forward.

• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.79-117
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• 2023

Among the healthcare-related judgments handed down in 2002, there was a significant ruling on the timing of the duty of explanation, stating that, in order to ensure the exercise of the patient's right to self-determination, the patient must be given time to consider and decide on the risks and side effects of a medical procedure in specific circumstances. In addition, in a case where an insurance company claimed unjust enrichment against a medical institution on behalf of its insureds, the court provided a clear standard by distinguishing between active and passive requirements regarding the need to preserve the right of subrogation of creditors. In the area of medical administration, there was a ruling that clarified that a medical institution's business suspension under the National Health Insurance Act is directed against the medical institution, a ruling that broadly recognized causation in a case of compensation for side effects of corona vaccination, and a ruling on the scope of a medical practitioner's license, such as the use of ultrasound devices by an oriental medicine practitioner. In a case involving a patient's claim for eviction from a medical institution, the court reviewed a ruling on just cause for termination of a hospitalization contract in relation to Article 15(1) of the Medical law.

• Journal of Ethics
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• no.84
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• pp.217-242
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• 2012

This essay aims to explore the importance of ethics education in Korean multicultural society. In 2011, it is reported by the Ministry of Education, Science and Technology that the final goal of Korean multicultural ethics education is to establish the foundations of National identity and of moral values in general. It might be a ideological tool, however, that can suppress the minority in Korea. In that sense, an orientation of ethics education in Korean multicultural society is basically to consider all moral agents in ethics. To give any solution, therefore, an attention will be paid to the notions of emotion and the likeness of moral fibre. Most important is that we have certain emotions which are in society beyond individual feelings. It is the only ethical subject and existence who we can have them. In that point, having them enables us to make any decision on the ground of moral values. By the quality of the likeness of moral fibre, furthermore, we can recognize and exercise moral values together without any difference in multicultural society. This makes sense of an identity as a Korean. Therefore, having emotions is helpful in taking the moral foundations of Korean multicultural society and the self-recognition of a Korean in the sense of the likeness of moral fibre give an ethical direction to us, the Korean multicultural society of ethical culture in the future.

• Annals of Occupational and Environmental Medicine
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• v.34
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• pp.15.1-15.9
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• 2022

Background: Most previous longitudinal studies on lifestyle and gastroesophageal reflux disease (GERD) have focused on physical activity rather than sitting time. The main purpose of this study was to investigate the relationship between prolonged sitting time and the development of erosive esophagitis (EE). Methods: A self-report questionnaire was used for measuring sitting time in the Kangbuk Samsung Health Study. Sitting time was categorized into four groups: ≤ 6, 7-8, 9-10, and ≥ 11 hours/day. Esophagogastroduodenoscopy (EGD) was performed by experienced endoscopists who were unawared of the aims of this study. Hazard ratios (HRs) and 95% confidence intervals (CIs) for the development of EE were estimated using Cox proportional hazards analyses with ≤ 6 hours/day sitting time as the reference. Results: There were 6,524 participants included in the study. During a mean follow-up of 3.14 years, 2,048 incident cases developed EE. In age- and sex-adjusted models, the HR in the group sitting ≥ 11 hours per day compared ≤ 6 hours per day was 0.88 (95% CI: 0.76-0.99). After further adjusting for alcohol intake, smoking status, educational level, history of diabetes, and history of dyslipidemia, sitting time was still significantly related to the risk of EE (HR, 0.87; 95% CI: 0.76-0.98). After further adjustment for exercise frequency, this association persisted (HR, 0.86; 95% CI: 0.76-0.98). In subgroup analysis by obesity, the relationship between sitting time and EE was only significant among participants with body mass index < 25 kg/m² (HR, 0.82; 95% CI: 0.71-0.95). Conclusions: Generally, prolonged sitting time is harmful to health, but with regard to EE, it is difficult to conclude that this is the case.