• Title/Summary/Keyword: Self-life

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Regulation of Professional Advertising: Focusing on Physician Advertising (전문직 표시·광고규제의 몇 가지 쟁점: 의료광고를 중심으로)

  • Lee, Dongjin
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.177-219
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    • 2016
  • A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'

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A Review on Constitutional Discordance Adjudication of the Constitutional Court to Total Ban on Abortion ('낙태죄' 헌법재판소 헌법불합치 결정의 취지와 법률개정 방향 - 헌법재판소 2019. 4. 11. 선고 2017헌바127 전원재판부 결정에 따라 -)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.20 no.2
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    • pp.3-39
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    • 2019
  • Even after the Constitutional Court decided on August 23, 2012 that the provisions of abortion were constitutional, discussions on the abolition of abortion continued. The controversy about abortion is not only happening recently, but it has already existed since the time when the Penal Code was enacted, and it shares the history of modern legislation with the Republic of Korea. Legislators whom submitted amendment while insisting upon the eradication of abortion in the process of enacting criminal law at that time, presented social and economic adaptation reasons as the core reason. From then on, the abolition of abortion has been discussed during the development dictatorship, but this was not intended to guarantee women's human rights, but it was closely connected to the national policy projects of "Contraception" and "Family Planning" of the Park's dictatorship. Since then, the enactment of the Mother and Child Health Law, which restrictively allow artificial abortion, was held on February 8, 1973, in an emergency cabinet meeting that replaced the legislative power after the National Assembly was disbanded. It became effected May 10th. The reason behind the Mother and Child Health Law that included legalization of abortion in part was that the Revitalizing Reform at that time did not allow any opinion, so it seem to be it was difficult for the religious to express opposition. The "Maternal and Child Health Law" enacted in this way has been maintained through several amendments. It can be seen that the question of maintenance of abortion has been running on parallel lines without any significant difference from the time when the Penal Code was enacted. On August 23, 2012, the Constitutional Court decided that the Constitutional Opinion and the unonstitutional Opinion were 4: 4. However, it was decided by the Constitution without satisfying the quorum for unconstitutional decision of the Constitutional Court. This argument about abolition of abortion is settled for the the time being with the decision of the constitutional inconsistency of the Constitutional Court, and now, the National Assembly bears the issue of new legislation. In other words, the improved legislation must be executed until December 31, 2020, and if the previous improved legislation is not implemented, the crime of abortion (Article 269, Paragraph 1, Article 270 of the Criminal Code) Article 1 (1) will cease to be effective from 1 January 2021. Therefore, in the following, we will look into the reason of the Constitutional Court's constitutional discordance adjudication on criminal abortion(II), and how it structurally differs from the previous Constitutional Court and the Supreme Court. After considering key issues arised from the constitutional discordance adjudication(III), the legislative direction and within the scope of legislative discretion in accordance with the criteria presented by the Constitutional Court We reviewed the proposed revisions to the Penal Code and the Mather and Child Health Act of Korea(IV).

Location Analysis of A Collective Consumption Facility with GIS: The Location of Gu-Office and Its Administrative District in Ulsan, South Korea (GIS기법을 이용한 도시공공서비스 시설의 입지분석 -울산시 구 관할구역과 구청입지를 중심으로-)

  • Cho, Sung-Ho;Park, Soon-Ho
    • Journal of the Korean association of regional geographers
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    • v.2 no.1
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    • pp.69-85
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    • 1996
  • This research adoptes a spatial analysis function of the Geographic Information System[GIS] to analyze the location and the service district of a collective consumption facility, to discover the optimal location, and to redefine the service district. The location and spatial district of a collective consumption facility strongly influences the quality of life of residents. This research studies administrative offices and districts, especially Gu-offices in Ulsan. Ulsan would be raised to the status of Kwangyokshi in 1997; so that, the status of four Gus would be changed from a general administration into a self-governing administration. The summary of this research focuses on five significant points. First, the districts of four Gus were strongly required to be redefined to obtain the maximization of the degree of potential development as well as of the efficiency and equity of administring services. The spatial range of residents in a Gu was not in accord with its administrative district. The administrative districts of four Gus in Ulsan were not balanced in terms of area and population, and the high degree of disparity among Gus existed the efficiency and equality of a collective consumption service. Second, the current gu-offices were located based on security of land and accessibility of a main route; so, there was difficult to find the creteria and the principles of selections of the location of Gu offices. The social disparity of an administrative service existed in the accessibility into Gu-offices. Third, the administrative districts of Gus were redefined with spatial analysis tool of ARC/INFO. It was recommended that Ulsan maintain four Gus under the condition of five Kwangyokshi in South Korea. The redefined districts of administration reduced the disparity among four Gus in terms of area and population. improved the degree of harmony between the spatial range of residents of Gus and the administrative district of Gus, and increased the efficiency and equity of administrative service. Fourth, within the redefined adminis trative district of a Gu, the centroid reduced the maximum distance and mean distance; so, the efficiency and equity of public service provided by the Gu-office were improved. Last, the spatial analysis function of GIS helped to select the optimal location and to delineate the district of public service with more speedly and objectively. The function of spatial analysis of GIS was very useful to minimize the conflict in the determination of the location of a collective consumption facility and of the service district. To improve location analysis with GIS. non-spatial data base such as budget, thought of residents, and development policy and program, should be constructed.

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The study of Taoistic Returnism in Jeong Wan-Young's sijo (정완영 시조에 나타난 도가적 회귀주의)

  • Min, Byeong-Kwan
    • Sijohaknonchong
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    • v.30
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    • pp.109-146
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    • 2009
  • It is academically recognized that Jeong Wan-Young's sijo better represent Oriental ideas. The purpose of this study is to investigate Taoistic characteristics of Jeong Wan-Young's sijo. This is an effort to succeed and further deepen and extend previous relevant researches. For the purpose, this researcher categorized the poet's sijo in accordance with such characteristics as above mentioned. Findings of the study can be summarized as below. Pieces of Jeong Wan-Young's sijo which are based on Taoistic ideas are largely classified into three groups. First, some pieces of Jeong Wan-Young's sijo represents an orientation of return to hometown which is brought by the sense of loss. His sense of loss is attributed to the facts that his home is not what it was any longer and that he can't return to the old home. To overcome the sense, nevertheless, the poet is dreaming of return to home. The home found in Jeong Wan Young's sijo is something fundamental and original that he purposedly provided against the feeling of loss. It complies with the concept of 'Bokgwigigen(復歸基根)‘ a pursuit of Taoism. Second, other pieces of Jeong Wan-Young's sijo are seeking purity to retrieve childish innocence. Their subjects include the season of spring, dreams of childhood and longing for mother all of which represent the poet's strong desire for such retrieval as above mentioned. It may be said that pursued by that pieces are 'Purity, Feebleness and Smoothness' that are sought by Taoism. Third, other pieces of Jeong Wan-Young's sijo are considering human as a part of nature and seeking human life in harmony with nature. In other words, they are seeking union between human and nature which means going beyond discrimination between self and external objects, that is, 'Mulayangmang(物我兩忘)'. This may refer to return to nature which is the ultimate destination of Taoism.

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Oral Health Status of Some Patients with Chronic Mental Illness in Korea (일부 만성 정신질환자의 구강건강 상태)

  • Seo, Hye-Yeon;Jeon, Hyun-Sun;Park, Su-Kyung;Park, Ki-Chang;Chung, Won-Gyun;Mun, So-Jung
    • Journal of dental hygiene science
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    • v.13 no.4
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    • pp.493-500
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    • 2013
  • The study aims to determine the status of oral health of mental illness patients and establish the preliminary data. The examinations and questionnaire survey were done 92 psychiatric patients to measure sociodemographic characteristics, decayed, missing and filled teeth (DMFT) index, patient hygiene performance (PHP) index, community periodontal index of treatment need (CPITN). Result of the missing teeth index in the state of oral health was higher in the hospital group (6.42) while the filled teeth index was higher in the center group (4.78). In the DMFT index, mental illness patients were higher than the national sample. The oral health status of medical aid recipients was poorer as the subjects were older and less educated (p<0.05). The PHP index was 3.41, close to the bad oral hygiene state. The hospital group (81.7%) required higher need for periodontal treatment. The periodontal health state was much poorer especially when the subject was in the age of 40's and 60's, received less education, and had no family (p<0.05). $CPITN_3$ was higher in the hospital group (13.3%) than the national sample (5.7%). The mental illness patients were socially vulnerable, therefore oral health care program should be needed and age, education level, health insurance type, presence of family and other factors needs to be considered in this approach.

The Basic principle of treatment according to the symptom (病證藥理) in Sasang Constitutional Medicine (사상인병증약리(四象人病證藥理)의 성립과정(成立過程)과 그 운영정신(運營精神)에 대한 고찰(考察))

  • Song, Il-Byung
    • Journal of Sasang Constitutional Medicine
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    • v.8 no.1
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    • pp.1-15
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    • 1996
  • The Sasang Constitutional Medicine seeks the psychosomatic balance, and the Basic principle of treatment according to the symptom(病證藥理) in Sasang Constitutional Medicine could be summarize as follows. 1. The pursuit of Shape-Image Medicine (形象醫學) and the Symptoms of shape - Symptoms of disease (形置病證). It established emotion, symptoms of constitution, and symptoms of constitutional disease on the base of Shape-Image Medicine (形象醫學) which means qi (氣) is inside and shape is outside (氣裡形表). 2. The inductive medicine and positive medicine. It systematized the Symptoms of shape - Symptoms of disease (形證病證) on the base of the medical practice of the ancients and Lee Jae-Ma (李濟馬)'s own experience inductively, and it present show to control the psychosomatic balance practically. 3. The pathology centering on human. Oriental medicine is based on Yin-Yang (陰陽) and Five elements (五行) and the harmony of nature and human (天人相應) of Taoism, but Sasang Constitutional Medicine is based on emotional and ethical pathology of Confucianism (儒學). 4. The treatment according to the symptom (病證藥理) in Sasang Constitutional Medicine centering on clear qi (正氣). The promotion and demotion (補瀉) which is based on clear qi (正氣) and evil qi (邪氣) is a basic principle in Oriental medicine, but In Sasang Constitutional Medicine it is attached importance to control of clear qi and classify obedience symptom and disobedience symptom (順 逆症) as the type to oppose disease. 5. The treatment according to the psychomatic symptoms. It takes importances to control of one-sided emotion as well as the treatment of psychical symptoms, and also to remedy disease as keeping under control one's mind. 6. The preventive medicine and the medicine to develop one's health. It is in pursuit of social health to develop personality through clear qi (正氣) in real life, to prevent disease, and to spread the sickness control of individual person. Sasang Constitutional Medicine pursuits the psychosomatic balance through 'Balance', 'Control', 'Self regulating Control' of the 'Golden Mean (中庸)' with the treatment according to the symptom (病證藥理) in Sasang Constitutional Medicine.

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A Study on the Village Improvement Plan by Typological Analysis of Greenbelt-lifted Villages (개발제한구역 해제취락 유형분석을 통한 취락정비방안 연구)

  • Yoon, Jeong-Joong;Choi, Sang-Hee
    • Land and Housing Review
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    • v.4 no.1
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    • pp.77-87
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    • 2013
  • About 1,800 villages have released from Greenbelt since Greenbelt-reform-policy for readjustment of the area was promoted after 1997. Even though the government intended to attract planned development & improvement of these lifted villages through District Unit Plan and designating the lifted area as low-rise and low-density zoning considering the characteristics of the Greenbelt region, there are still many problems to be solved: a lack of funds, insufficient capability for self-improvement and unexecuted SOCs in long-term etc. It seems that these problems are caused by focusing on the lifting areas itself instead of researching deeply the condition and characteristics of the villages and searching proper direction/plans of improvement before lifting Greenbelt In addition, the existing plan of village improvement and management was not considering physical and spacial characteristics of the areas, social and economic situation of residents and relationship between the villages and surrounding cities, though these conditions are different among each villages, and the related regulations are applied uniformly across all the villages and those have been causing many civil appeals and environmental problems. In these respects, this study aims to consider the problems of the lifted villages using the existing researches on them and to make typology by characteristics-data of the villages and to establish improvement strategies of each types. In this study, the villages were classified into 5 types as a result of cluster analysis on 424 villages among all 1,800 through variables of locational potentiality : location, accessibility, size and form of village, condition of regulations etc. According to function of the villages, they were divided into 4 types: urban-type, rural-type, industrial-type and neighborhood-centered-type. This study also drew 4 improvement-strategy-types by combination of locational potentiality and village-function : type of improving life-environment, type of improving production-infra, type of inducing-planned-improvement and type of constructing center-of living-circle. Finally, this study suggested the directions of the each 4 types to desirable improvement and management which could be used to make and complement plans for village improvement.

The Diagnosis for Educational Behavioral Strategies of Community Health Nurse-Community Health Worker for Control of Hypertensive Urban Young Black Men in America (간호사-지역사회건강상담자팀의 미국 도시지역 젊은 흑인 남자 집단의 고혈압 관리를 위한 전략 활동의 교육-행위진단)

  • Park, Kyung-Min
    • Research in Community and Public Health Nursing
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    • v.7 no.1
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    • pp.80-99
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    • 1996
  • Young black men(YBM) have the most severs levels of high blood pressure(HBP) and, in all reports but one, the lowest of HBP control of any age /sex /race group. To increase entry into care, remaining in care, and BP control for young(18-49 years) Black men, It is needed to review socio-demographic, medical characteristics, and behaviors(importance of and difficulty with HBP control behaviors, or worry about mdication) for experimental intervention study(educational- behavior strategies) of hypertensive urban young black men. The 204 participants had an average age of 38.8+7.0 years and an average educational level of $11.0{\pm}2.4$ years; only 23.1% were employed full- or part-time while 26% were on disability ; and 6% were married. Only 35.3% had an MD for HBP care and 37.3% had some form of health insurance. The average BP of those men currently being in care on medication(35.3%) was $148.2/95.1{\pm}19.5/11.3$ compared to those men not taking HBP care $153.7/99.1{\pm}14.0/9.8(p<.05)$. The average creatinine level was 1.3(excluding 3 marked elevations of 15.9, 9.6, and 7.7) for the 163 men consenting to have their blood drawn. Self-reported co-morbidity induded heart disease 7.8%, diabetes 8.9%, high cholesterol 18.2%, CVA 3.4%, alcohol and drug related problems 27.9% and 22.5% respectively. The kidney disease of those men currently being in care & on medication was 9.7 compared to those men not taking HBP care 0.8(p<.05). The problems of with sex life, physicl activity and dearly thinking of those men currently being in care & on medication was higher compared to those men not taking HBP care(p<.05). Questions of 'during the past month, on how many days did you have 5 or more drinks (bottles) of any alcoholic beverag?' and smoking of those men currently being in care & on medication was 18.1% and 72.2% compared to those men not taking HBP care 27.3 and 82.6%, respectively. HBP control behaviors was assessed with 1-5 point Likert subscales(5=extreme, 1-none at all), In general, th men reportd low levels of perceived psychological barrier to HBP care and control behaviors; importance of and difficulty with HBP control behaviors, or worry about mdication. For example, on a five point scale(1=none at all, 5=extreme), average ratings for perceived important and difficulty with BP care and behaviors were 2.8(SD=1.2) and 2.5(SD=1.1). Average ratings for perceived benefit with BP care and behaviors worry about medication of those men currently being in care on medication was 4.0(SD=0.9) and 2.2(SD=1.1) compared to those men not taking HBP care 3.6(SD=0.8), 2.8 (SD=1.6) respectively(p<.05). These data support the need for educational-behavioral strategies of community health nurse to improve high blood pressure control in this high risk group through perceived barriers to treatment, health care skills and use of resources, and social support.

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Clinical Course of Untreated Sarcoidosis (스테로이드 치료를 받지 않은 유육종증 환자의 임상경과)

  • Koh, Young-Min;Chung, Kyeong-Jae;Park, Sang-Joon;Kang, Kyeong-Woo;Suh, Gee-Young;Chung, Man-Pyo;Kim, Ho-Joong;Kwon, O-Jung;Rhee, Chong-H.
    • Tuberculosis and Respiratory Diseases
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    • v.47 no.6
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    • pp.807-816
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    • 1999
  • Background: Sarcoidosis, uncommon in Korea, has variable clinical course, ranging from benign self-limited recovery to life-long disability regardless of corticosteroid therapy. The purpose of this study is to observe the clinical course of untreated sarcoidosis. Methods: Twenty four patients who were confirmed as sarcoidosis by tissue diagnosis were included. For average 12month follow-up periods, subjective symptoms, radiologic findings, and parameters of pulmonary function test(FVC, $FEV_1$, DLco) were evaluated every 3mooths compared between corticosteroid treated(n=5) and non-treated(n=19) patients. 'Deterioration' was defined if patients met more than one of followings (1) decrement in any parameters of pulmonary function test(2) worsening in the degree of dyspnea(3) increase in radiologic extents, and (4) newly developed extrapulmonary sarcoidosis. 'Stable' was defined as no significant interval changes in every parameters. 'Improvement' was defined as decrement of extension of the radiologic lesions without deterioration. Results: Among 19 untreated sarcoidosis patient, one deteriorated, 14 improved(13 of them showed complete resolution in radiology), and 4 were remained stable. On the other hand, five corticosteroid treated patients, uveitis was developed in one, 2 improved, and 2 remained stable. Conclusion : These findings suggest that patient with sarcoidosis, especially those without serious extrapulmonary disease, has stable clinical course and would not need corticosteroid therapy.

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Prediction of commitment and persistence in heterosexual involvements according to the styles of loving using a datamining technique (데이터마이닝을 활용한 사랑의 형태에 따른 연인관계 몰입수준 및 관계 지속여부 예측)

  • Park, Yoon-Joo
    • Journal of Intelligence and Information Systems
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    • v.22 no.4
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    • pp.69-85
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    • 2016
  • Successful relationship with loving partners is one of the most important factors in life. In psychology, there have been some previous researches studying the factors influencing romantic relationships. However, most of these researches were performed based on statistical analysis; thus they have limitations in analyzing complex non-linear relationships or rules based reasoning. This research analyzes commitment and persistence in heterosexual involvement according to styles of loving using a datamining technique as well as statistical methods. In this research, we consider six different styles of loving - 'eros', 'ludus', 'stroge', 'pragma', 'mania' and 'agape' which influence romantic relationships between lovers, besides the factors suggested by the previous researches. These six types of love are defined by Lee (1977) as follows: 'eros' is romantic, passionate love; 'ludus' is a game-playing or uncommitted love; 'storge' is a slow developing, friendship-based love; 'pragma' is a pragmatic, practical, mutually beneficial relationship; 'mania' is an obsessive or possessive love and, lastly, 'agape' is a gentle, caring, giving type of love, brotherly love, not concerned with the self. In order to do this research, data from 105 heterosexual couples were collected. Using the data, a linear regression method was first performed to find out the important factors associated with a commitment to partners. The result shows that 'satisfaction', 'eros' and 'agape' are significant factors associated with the commitment level for both male and female. Interestingly, in male cases, 'agape' has a greater effect on commitment than 'eros'. On the other hand, in female cases, 'eros' is a more significant factor than 'agape' to commitment. In addition to that, 'investment' of the male is also crucial factor for male commitment. Next, decision tree analysis was performed to find out the characteristics of high commitment couples and low commitment couples. In order to build decision tree models in this experiment, 'decision tree' operator in the datamining tool, Rapid Miner was used. The experimental result shows that males having a high satisfaction level in relationship show a high commitment level. However, even though a male may not have a high satisfaction level, if he has made a lot of financial or mental investment in relationship, and his partner shows him a certain amount of 'agape', then he also shows a high commitment level to the female. In the case of female, a women having a high 'eros' and 'satisfaction' level shows a high commitment level. Otherwise, even though a female may not have a high satisfaction level, if her partner shows a certain amount of 'mania' then the female also shows a high commitment level. Finally, this research built a prediction model to establish whether the relationship will persist or break up using a decision tree. The result shows that the most important factor influencing to the break up is a 'narcissistic tendency' of the male. In addition to that, 'satisfaction', 'investment' and 'mania' of both male and female also affect a break up. Interestingly, while the 'mania' level of a male works positively to maintain the relationship, that of a female has a negative influence. The contribution of this research is adopting a new technique of analysis using a datamining method for psychology. In addition, the results of this research can provide useful advice to couples for building a harmonious relationship with each other. This research has several limitations. First, the experimental data was sampled based on oversampling technique to balance the size of each classes. Thus, it has a limitation of evaluating performances of the predictive models objectively. Second, the result data, whether the relationship persists of not, was collected relatively in short periods - 6 months after the initial data collection. Lastly, most of the respondents of the survey is in their 20's. In order to get more general results, we would like to extend this research to general populations.