• 제목/요약/키워드: Standard of Care

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유아교사의 직무스트레스 및 우울이 직무소진에 미치는 영향 : 우울의 조절효과를 중심으로 (Effect of Preschool Teacher's Job Stress and Depression on Burnout : Focusing on the Moderating Effect of Depression)

  • 홍길회;정혜진
    • 한국보육지원학회지
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    • 제9권1호
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    • pp.263-280
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    • 2013
  • 본 연구는 유아교사의 직무스트레스와 우울이 직무소진에 미치는 영향을 살피고, 우울이 직무스트레스와 우울과의 관계에서 조절변인으로서의 역할을 하는지 살펴보았다. 연구대상은 경기 인천 지역 유치원에 근무하는 교사 179명으로 직무스트레스, 우울, 직무소진 등에 대해 설문조사 하였다. 자료분석에는 평균, 표준편차, 상관분석, 단순 회귀분석, 위계적중 다회귀분석을 사용하였다. 분석결과 첫째, 유아교사의 직무스트레스 모든 하위영역은 우울, 직무소진과 유의한 정적 상관관계가 있는 것으로 나타나 유아교사의 직무스트레스가 높을수록 우울과 직무소진은 높아지는 것으로 나타났다. 둘째, 유아교사의 직무스트레스의 모든 하위영역은 직무소진에 정적인 영향을 미치는 것으로 나타났다. 셋째, 유아교사의 직무소진에 대한 직무스트레스와 우울의 직접효과 및 조절효과를 알아본 결과 우울은 유아교사의 직무소진에 직접효과 및 상호작용 효과를 갖고 있음이 나타났다. 따라서 유아교사의 직무소진을 감소시키기 위해 직무스트레스를 줄이는 방안뿐만 아니라 우울을 감소시키기 위한 노력과 변화가 필요할 것이다.

임부의 태교인식과 태교실천에 관한 조사연구 (A Study on Recognition and Practice of Teakyo by Pregnant Women)

  • 신용분;고효정
    • 여성건강간호학회지
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    • 제6권1호
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    • pp.142-152
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    • 2000
  • This study is a descriptive study to offer an actual basic data as Nursing intervention strategy of nurses before delivery in order that pregnant women in Korea may effectively practice Taekyo by examining the relation after apprehending level of recognition and practice of our pregnant women about Taekyo. This study collected questionnaires from 801 pregnant women who visited general hospitals in 10 areas(Seoul, Daejon, chunan, Daegu, Kummi, $Ky{\check{o}}ngju$, $P{\ddot{o}}hang$, Busan, $J{\ddot{o}}nju$, and $Y{\ddot{o}}nkwang$) for prenatal care through an outpatient obstetrics and gynecology from July 15 to August 30, 1999. This study used the tool of lee, Ki Young(1993) revised an complemented by investigator to measure recognition of Taekyo and the tool of Jang, Shun Buk and Park, Young Ju(1996) revised and complemented by investigator to measure practice of Taekyo. The Cronbach's alpha value of each tool was .88 in recognition of Taekyo, while the value was .90 in practice of Taekyo. For data analysis, this study used the descriptive and statistical analysis, Pearson correlation, t-test, ANOVA, Tukey's post hoc contrast, and Stepwise multiple regression in accordance with the purpose of this study with using SPSS Win 7.5 program. The results were as follows ; 1. The practice of Taekyo was low in comparison with recognition of Teakyo by showing average 4.28 points and standard deviation 0.48 at level of recognition of pregnant women about Taekyo on the basis of 5 points and showing to show average 2.81 points and standard deviation 0.36 at practice level on the basis of 4 points. 2. They showed the higher level of recognition on Taekyo at high educational background of pregnant woman(F=3.735, p=.005), Roman catholicism (F=4.570, p=.002), satisfied married life(F=5.448, p=.004), high monthly income(F=6.096, p=.000) and cases of hoping pregnancy(F=2.525, p=.012). 3. They showed the higher level of practice on Taekyo at high educational background of pregnant woman(F=2.883, P=.022), Roman catholicism(F=3.616, p=.032), satisfied married life(F=19.924, p=.000), good health condition(F=2.386, p=.017), cases of hoping pregnancy(F=0.677, p=.000), cases of planning pregnancy with husband(F=3.024, p=.001), cases of regular prenatal care before delivery(F=0.241, p=.005), cases of maternal breast feeding (F=9.132, p=.000), and the number of less children(F=2.763, p=.041). 4. In result of examining correlation between recognition and practice of Taekyo, they showed high level of practice on Taekyo under high level of recognition of pregnant women on Taekyo by showing the statistically significant correlation. 5. In result of examining the related factors that affect recognition and practice of Taekyo y the object, practice of Taekyo had 16.8 percents of explanatory range, purpose of practicing Taekyo 8.5 percents of explanatory range, and monthly income 1.9 percent of explanatory range as variables of affecting recognition of Taekyo. The total explanatory range was 27.2 percents, Recognition of Taekyo had 16.1 percents of explanatory ragne, time of starting Taekyo 3.2 percents, health condition 2.2 percents of explanatory range, condition of hoping pregnancy 1.1 percent of explanatory range, satisfaction of married life 0.8 percent of explanatory range, and religion 0.6 percent of explanatory range as variables of affecting practice of Taekyo. The total explanatory range was 24.0 percents.

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앱기반 전기화재 예측시스템 개발에 관한 연구 (A Study on Development of App-Based Electric Fire Prediction System)

  • 최영관;김응권
    • 인터넷정보학회논문지
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    • 제14권4호
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    • pp.85-90
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    • 2013
  • 현재 전기화재 예측시스템은 제어용 마이크로프로세서로서 PIC(Peripheral Interface Controller)를 사용하고 있다. PIC는 DSP(Digital Signal Processor)보다 연산속도가 느려 실시간 연산능력이 부족하다. 그래서 아크 발생 시 나타나는 기본 특성파형을 기준 reference로 하여 이 reference와의 비교를 통해 아크로 인한 전기화재를 예측하여 경보한다. 기존의 전기화재 예측시스템은 이러한 경보를 원격의 중앙 서버에서 감시하고 후속 조치를 취할 수 있으나, 그 예측 에러율이 높을 뿐만 아니라, mobile 환경에서 원격제어를 하지 못하는 실정이다. 본 논문에서 시간영역, 주파수영역의 아크검출과 적응알고리즘을 변환영역에서 수행하는 웨이블릿 기반의 적응알고리즘"을 적용하여 새로운 실시간 아크검출 알고리즘이 탑재된 전기화재 예측시스템을 DSP를 이용하여 개발하였다. 또한 아크의 전기적 신호 및 전력품질 대한 원격 모니터링이 실시간으로 가능할 뿐만 아니라, iphone 환경기반의 App 개발을 통해 원격에서 제어가 가능하도록 구축하고 그 유용성을 확인하였다.

E대학 실습환자의 구강건강관리실태와 삶의 질에 대한 조사 (The Conditions of Patients' Oral Health and Their Quality of Life at 'E' College Dental Practice)

  • 김기은;최문실;한지형
    • 치위생과학회지
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    • 제7권3호
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    • pp.141-146
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    • 2007
  • 본 연구는 2006년 8월 28일부터 2006년 12월 8일까지 E대학 치위생학과 치면세마 실습실에 방문한 환자(총 256명)를 대상으로 스케일링을 시작하기전 사전 동의를 받고 자기기입식에 의한 설문조사를 실시하였다. 설문내용은 대상자의 성별, 연령에 따른 구강건강관리실태과 구강관련 삶의 질 척도를 이용하여 조사하였다. 1. 연구대상자의 일반적인 특성은 성별에서 남자가 117명(45.7%)이고, 여자가 139명(54.3%)으로 나타났다. 연령은 20~29세가 158명(61.7%), 10~19세가 60명(23.4%). 40~49세가 16명(6.3%), 30~39세가 11명(4.3%), 50세 이상이 11명(4.3%)순으로 나타났다. 2. 성별에 따른 구강관리 습관은 스케일링 경험 유무에서 '있다'가 남자 37.6%, 여자 46.8%,로 나타났고, 잇솔질 횟수는 남자와 여자 모두 '2회'가 많은 것으로 나타났다. 잇솔질 시기에서는 '식사 후'가 남자는 91.5%, 여자는 89.9%로 나타났으며, 잇솔질 방법은 회전법이 남자 41.0%, 여자 53.2%로 나타났다. 구강보조위생용품 사용 유무는 '사용하지 않는다'가 남자 68.4%, 여자 65.5%로 나타났다. 3. 연령에 따른 구강건강관리실태은 잇솔질 방법에서 10대와 20대는 회전법을 가장 많이 사용하며, 30대 이상은 '위 아래'로 닦는 종마법을 가장 많이 사용하는 것으로 나타났다. 잇솔질 횟수는 모든 연령에서 '2회'가 가장 많았으며, 잇솔질 시기도 모든 연령에서 '식사 후'에 하는 것으로 나타났다. 4. 성별에 따른 삶의 질 비교에서는 '명확한 발음하기'는 남자 4.42점, 여자 4.17점, '일상적외출'은 남자 4.53점, 여자 4.29점으로 나타났고, '감정 상태 유지하기'는 남자 4.27점, 여자 4.27점으로 나타났다. 5. 연령에 따른 삶의 질 비교에서는 '식사하기'는 10대가 4.28점으로 가장 높게 나타났고, '명확한 발음하기'는 40대가 4.44점으로 가장 높게 나타났다. '치아 혹은 틀니 깨끗이 하기'는 30대가 4.55점으로 가장 높게 나타났으며, 50대의 경우 대부분의 항목에서 가장 낮은 점수를 보였다.

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어머니 대모애착, 양육효능감, 경제적 수준과 영유아기 애착 발달과의 관계 (The Relationship Between Maternal Attachment, Parenting Efficacy, Mother's Economic Level and Infant-child's Attachment Development)

  • 정경화;김숙령
    • 한국보육지원학회지
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    • 제10권1호
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    • pp.165-181
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    • 2014
  • 본 연구의 목적은 어머니의 대모애착과 양육효능감 및 경제적 수준이 영유아 애착에 미치는 영향을 검증하는 것이다. 본 연구는 대전시 5개구에 위치한 8개소에 재원중인 12개월에서 36개월 사이의 영아와 48개월에서 60개월 사이의 유아 총 60명, 그리고 그들의 어머니를 대상으로 하였다. 영아와 유아의 애착 측정을 위하여 영아 Q-set검사와 Slough와 Greenberg의 유아용 SAT 면접을 실시하였다. 또한 어머니 대모애착은 성인애착 척도(AAS)를 번안한 질문지를 사용하여 측정하였고 어머니 양육효능감은 이윤진의 척도를 이용하여 평정하였다. 수집된 자료는 평균과 표준편차를 구하였고 회귀분석을 실시하였다. 본 연구 결과는 어머니의 대모애착이 영유아 애착에 영향을 미친다는 것을 확인하였고, 경제적 수준이 영아 애착형성에 관계가 있음을 밝혔다.

연희지역 아파트주부의 건강관리실천의 결정요인분석에 관한 조사연구 (A Study on the Decisive Factors in Personal Health Maintenance Practice of Housewives Living in Younhi Area Apartments)

  • 김인숙
    • 대한간호학회지
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    • 제8권2호
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    • pp.89-102
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    • 1978
  • Owing to the development of modern science, prolonging man's life, the sudden increase of population and betterment of the standard of living has increased health needs. In order to fulfill these health needs, more active plans for developing health should be made. Health education is one of the methods at hand that can improve the health behavior of the community and the individual through the contact of individuals with their groups. Proper understanding of the characteristics of the sampled group and participation of individuals within the community for the development of their health plan are needed for efficient health education. This study was attempted for the purpose of presenting some data helpful for pre-paring the fundamentals of a health education plan that can improve personal health maintenance practice of a community through efficient health education by investigating the relationship between the response of subjects to personal health maintenance practice and selected decisive factors in personal health maintenance practice. The subjects for this study were a systematic sample of 120 housewives selected from 600 housewives from B Zone Apt. Younhi-3-Dong in Seoul. Data was collected for 4 days from May 16th to May 19th, 1578 through personal interviews with questionnaires by well trained interviewers. Percentage, t-test and stepwise multiple regression analysis by use of EDPS were employed for statistical analysis. Results of this study can be summarized : 1. General characteristics of subjects Subjects over 20 and below 40 years of age formed 62.5% of the toed and the rest were subjects of 40 years and upward. 76.7% of the subjects have less than 4 children. 51.3% of the subjects had completed at least the senior high school course. 2. The response of subjects to personal health maintenance practice. Ratios of personal health maintenance practice to the maximum score for each category are as follows; 84.1% in the category of population and family planning, which was the highest ratio; 82.4% in the prevention of accidents; 68.0% in control of communicable disease; 67.8% in personal health care and habits of daily life, 64.3% in mental health and 52.5% in control of parasites, which was the lowest. 3. The response of subjects to selected decisive factors. in personal health maintenance practice. The arithmetic mean of the score for each decisive factor was as follows: the mutual relation between family members marked 18.33, which is under 73,3% of the maximum score; the degree of interest in health marked 34.48, 70.0% of the maximum score: the degree of utilization and demand for health care facilities marked 25.79 or 64.5% of the maximum score and health maintenance of the family marked 11.58, 43.6% of the maximum score. 4. The relationship between personal health maintenance practice and general characteristics of subjects. 1) There was a significant difference in the numbers of children. (t = 1.83, d.f. =117, p< 0.1) 2) There was a significant difference in the contact rates with mass-media, (t = 5.02, d.f. = 118, p< 0,05) 5. The multiple correlation between personal health maintenance practice and their selected decisive factors. 1) The factor“the degree of interest in health”could account for personal health maintenance practice in 43.6% of the sample. (R = 0.6602, R²= 0,4359, F = 91.1678, p< 0.001) 2) When the factor,“health maintenance of family”is added to this, it accounts for 51.2% of personal health maintenance practice. (R = 0.7158, R²= 0.5124, F = 61.4653, p< 0.001) 3) When the factor,“mutual relations between family members”is also included, it accounts for 53.7% of personal health maintenance practice. (R = 0.7324, R²= 0.5365, F = 44.7509, p< 0.001) 4) When the factor, “the degree of utilization and demand for health care facilities”is included, it accounts for 55.1% of personal health maintenance practice. (R = 0.7421, R²= 0.5507, F = 35.2430, p< 0.001).

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서울시 각 구 보건소간호사의 방문간호 업무수행과 직무만족에 관한 연구 (A Study on the Performance & Job Satisfaction of Visiting Nurses of district health centers in Seoul)

  • 양미진
    • 가정간호학회지
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    • 제4권
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    • pp.30-40
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    • 1997
  • The change in health care environment increases the importance of Visiting Nursing Services Program. It has been performed by nurses of district health centers in Seoul since 1991. The Achievement of Visiting Nursing Services Program will be dependent upon their activities. The purpose of this study was to identify the Performance of Visiting Nurses and Job satisfaction of district health centers in Seoul. Therefore, it was to provide the fundamental data development of Visiting Nursing Services Program. The subjects were 214 Visiting Nurses of district health centers in Seoul. The data was collected by self reporting questionnaire from April 15 to April 30, 1997. Their performances and various supportive factors were measured with the instruments developed by the researcher. Job satisfaction were also measured by the instrument developed by Slavitt et al. (1978) was used. The data were, analyzed by Cronbach Alpha, mean, standard deviation, percentage, t -test, ANOVA Duncan test, Correlation Coefficient, and Stepwise Multiple Regression with SAS program. The results of this study were as follows: 1. The average of budget of Visiting Nursing Services Program of district health centers was 0.9% and the average of visiting nursing services personnel of district health centers was 10.1%. 2. With regard to the job satisfaction of Visiting Nurses the mean score was 2.92 out of 5. While the level of Job prestige / status presented as a mean score of 3.48 which was the largest among the 7 components of job satisfaction, the level of administration was the lowest showing 2.57 scores respectively. There were significant differences in the job satisfaction by age, working career of health centers(p<0.01, 0.001). 3. The average of the performance level of Visiting Nurses variables was 2.29; The variable with highest degree of performance was the teaching & consultation, establishment of performance plan, whereas the on with the lowest degree was the directive nursing services. The significant difference was found in performance level according to age, structure type of visiting nursing services, working career of health centers and working career of visiting nursing services(p<0.05). 4. With regard to the perception of the performance expertise by the Visiting Nurses the mean score was 2.37 : The variable with highest degree of performance expertise was the teaching & consultation, establishment of performance plan, whereas the on with the lowest degree was management of home-environment. The significant difference was found in performance expertise according to working career outside of health centers(p<0.05). 5. With regard to the perception of the performance necessity by the Visiting Nurses the mean was 2. 40 : the variable with highest degree of performance necessity was the teaching & consultation, establishment of performance plan, whereas the on with the lowest degree was directive nursing services. The significant difference was found in performance necessity according to working career of visiting nursing services(p<0.05). 6. A positive correlation was found between job satisfaction and performance level(r=.3731, P<0.001). Also, a weak positive correlation was found between the components of job satisfaction and performance level. 7. Stepwise multiple regression analysis revealed that the most powerful predictor was the variance of job satisfaction(R=.3557, $R^2$=.1265). Structure type of visiting nursing services and working career of visiting nursing services accounted for 19.0% of the variance in performance level in nurses. In conclusion, Job satisfaction, Structure type of visiting nursing services and Working career of visiting nursing services variables had influenced on performance level in health centers. Further research is required to confirm these findings.

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국제항공(國際航空)테러리즘으로 인한 여객손해(旅客損害)에 대한 운송인(運送人)의 책임(責任) ("Liability of Air Carriers for Injuries Resulting from International Aviation Terrorism")

  • 최완식
    • 항공우주정책ㆍ법학회지
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    • 제1권
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    • pp.47-85
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    • 1989
  • The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

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불리(不利)한 환경(環境)의 학령전(學齡前) 아동(兒童)을 위한 보상교육(補償敎育)에 관(關)한 연구(硏究) - 미국(美國) 및 일본(日本)의 보상교육(補償敎育)·프로그램을 중심(中心)으로 - (A Study on the Compensatory Education for the Disadvantaged Children in Preschool Age (Focussed on the Programs of Compensatory Education in the U.S.A. and Japan))

  • 정영숙;이희자
    • 아동학회지
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    • 제1권
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    • pp.65-81
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    • 1980
  • This study is aimed at investigating the compensatory education which was already implemented or is being implemented in the U.S.A. and Japan; and at studying the types of programs and their characteristics; and at sounding out the possibilities of the application of such programs in family and social conditions is Korea. In order to achieve the above mentioned objectives, the established items for the study are as follows: (1) Various types of early children's education (2) Programs of compensatory education for the disadvantaged Children (3) Head Start Program, Early Training Project and Montessori School (4) Integrated Preschool Programs (5) Day-Care Center for employed mothers We investigated the various compensatory education programs for the preschool children who are in economically, socially, culturally disadvantaged conditions. Head Start Programs were federally supported programs for preschool children and opened as summer programs in 1965 for the first time. The purpose of Head Start has been to give preschool children the kinds of experiences they need in preparation for school. The Head Start children were found to be significantly better prepared for school than the normal children. However, after six to eight months, their initial advantages had virtually. disappeared and then the simple problem with Head Start and other such programs was that little long-term good could be evidenced unless the high quality educational environment was maintained. Therefore, to solve this problem, three other programs were funded as part of the overall Head Start. These three programs are the Parent-Child Center, Home Start, and the Child and Family Resources Program. The Early Training Project for disadvantaged children was implemented by Klaus and Gray of Peabody College in 1962. The program was a field research study concerned with the development and testing over time of procedures for improving the educability of young children from low income homes. Its major concern was to study whether it was possible to offset the progressive retardation observed in the public schooling careers of children, living in deprived circumstances. Children, who were trained through the Early Training Project were superior to control groups in the test of IQ and vocabulary as well as linguistic abilities, and preparation for reading. This project showed the possibilities which could prevent preschool children from being disadvantaged socially, culturally and mentally. In 1907, Montessori School was established by Maria Montessori in Italy and her school program has been introduced at present to several countries in the world as one compensatory educations. She first began her experimental methods with retarded children, followed by disadvantaged children from the tenements of Rome. The Montessori approach futures a prepared environment and carefully designed, self-correcting materials. The Montessori curriculum presents tastes that feature sequence, order, and regularity, in addition to those that develop motor and sensory skills. She was interested in children's intellectual development and in developing good work habits. One of the latest developed programs for disadvantaged children is "Integrated Preschool Program" which has successfully integrated handicapped and nonhandicapped children. Several studies have showed that handicapped children in integrated school environments are accepted by and interact with their nonhandicapped peers. In fact, this program provides a number of potential, and perhaps opportunities for nonhandicapped children to serve as valuable resources in fostering the development of their handicapped peers. Next we turn to Japanese programs which are divided into two different types. One is Day-Care Center which was established by Child Welfare Law and the other is kindergarten organized by School Education Law. The kindergarten opened in 1876 and it has been part of school systems since 1947 by the implementation of education law, and the Day-Care Center which started in 1890 for the employed mothers. was changed into Day-Nursery by the enactment of child welfare law in 1947. The laws and operational regulations for the Day-Nursery were set up and were put in effect by the establishment standard acts of children welfare facilities, and the Day-Nursery has been operated in various types by the increasing demand, chiefly because of the socio-economical changes of family structures in both urban and suburban areas. Nursery education for physically and mentally disadvantaged children is for those who are blind, deaf and dumb, mentally retarded; physically disadvantaged by accidents or diseases. Montessori education in Japan was started in 1968 and many research groups for studying Montessori were organized. In 1977, Montessori remedial education society was also organized in which they started a number of studies; a study for developing materials; in-service training for the remedial education; and seminars and lectures, etc It is strongly suggested that we study the early educations that are being implemented in Japan and a variety of compensatory educations that were already implemented in the U.S.A. and modify them for the organization of our own model and properly accommodate them to our social needs.

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의료공급자 단체에 대한 공정거래법상 사업활동제한 적용 -달빛어린이 병원 사건을 중심으로- (Antitrust Regulation on the Restriction of Business Activities by Healthcare Providers' Organization)

  • 정재훈
    • 의료법학
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    • 제19권2호
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    • pp.75-98
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    • 2018
  • 최근 서울고등법원은 대상판결(서울고판 2018. 4. 5, 2017누58580)을 통하여 대한소아청소년과 의사회의 소아과병원이나 소아과의사에 대한 제한 행위가 독점규제 및 공정거래에 관한 법률(이하 '공정거래법'이라고 한다) 제26조 제1항 제3호에 위반되는 지에 관하여 공정거래위원회(이하 '공정위'라고 한다)의 처분을 취소함으로써 이를 부정하였다. 대상판결은 종전에 확립된 대법원 판결에 따라 공정거래법 제26조 제1항 제3호에 있어서도 경쟁제한성이 필요하다는 전제에서 사업활동제한 행위가 성립하는지, 그 행위에 경쟁제한성이 있는지 등을 중심으로 심리하였다. 대상판결에 대하여는 다음과 같은 분석이 가능하다. 첫째, 공정거래법 제26조 제1항 제3호의 '제한'은 '과도한 제한'으로 해석하는 것이 바람직하다. 사업자단체가 구성원에 대하여 제한을 가하는 것은 원칙적으로 허용되지만, 예외적으로 공익적 차원에서 공정위가 규제를 한다는 취지에서 제한적으로 해석하는 것이 상당하다. 둘째, 대상판결은 원고의 행위가 구성사업자의 가격, 수량, 품질 등을 제한하여 경쟁제한성이 인정된다고 보기 어렵다고 판단하였다. 대상판결은 종전에 확립된 대법원 판결에 따라 공정거래법 제26조 제1항 제3호에 있어서도 경쟁제한성이 필요하다는 전제에 선 것으로 수긍할 수 있다. 그런데, 의료시장의 가격이 정부에 의하여 강력하게 통제되는 상태에서 경쟁제한성 판단을 위한 핵심적인 논제는 공급량 감소의 문제로서, 공급량이 경쟁제한효과를 유발할 정도로 감소하였음이 수량적으로 증명된다면 경쟁제한효과를 인정하는데 어려움이 없을 것이지만, 이는 일반적으로 증명하기 어려우며, 실제 이 사건에서 공정위가 공급량 감소를 증명할 유력한 증거를 제출하지 못한 것으로 보인다. 다른 한편, 공정거래법상 경쟁제한성은 경쟁제한의 우려가 있는 경우에도 인정되므로, 이 사건에서 경쟁제한효과가 발생할 우려가 있었는지의 증명이 문제된다. 이 사건은 공급량을 줄이기 위한 직접적인 의도와 목적이 드러나고 경험칙상 공급량이 지속적으로 감소할 것임을 인정할 수 있는 사건임에 비추어 대상판결의 논지에 대하여는 동의하기 어렵다. 대상판결이 사업자단체 규제를 통하여 경쟁제한성의 근본적인 문제를 다룬 것은 이론적인 측면에서나, 실무적인 측면에서나 의미가 있다. 대상판결은 경쟁제한성의 이해, 경쟁제한효과의 판단, 경쟁제한효과의 증명 수준 등에 관하여 의료서비스의 공급량을 매개로 하여 흥미로운 판단을 하였고, 대법원이 이를 어떻게 판단할지에 관하여 관심이 집중되고 있다.