• 제목/요약/키워드: The Fact of Matter

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한국 기록관리와 '거버넌스'에 대한 역사적 접근 (A Historical Approach to the Development of Democracy and the Archival Society in Korea)

  • 오항녕
    • 기록학연구
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    • 제11호
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    • pp.15-40
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    • 2005
  • 'Governance' is a subject that is widely discussed these days in the government and the academic world. I think that the new concept, 'governance', is a strategy to develop the democracy of the society in its institutional and functional aspects. When we are going to discuss about governance, public records and their relationships, without understanding the meaning of 'public' in Korea, we cannot expect to discuss the matter precisely. It is said that Korean public service sectors are awash with authoritarianism and unreasonableness, and that they are at the center of seething corruption and bribe scandals. It is the legacy that the regimes adopted in the aftermath of the Japanese colonial rule for 35 years. The colonial legacy included not simply the practice of the Japanese colony, but also people who had collaborated the Japanese. The American military government and Rhee, Sung-Man regime also appointed the same officials to government posts. As was the same case in other areas including economy, press, education, politics, law, etc. In this point of view, "Righting historical wrongs", a controversial issue now in Korea, aims at establishing the right relationships between an individual and the public, and eventually laying the foundation of democracy for future generation, a procedure of achieving good governance. Apparently, Korea has made progress in developing democracy, as well as in reforming the government policy and organization. Many independent commissions are performing the projects instead of the government institutions that mandated to do the job, but has not played their roles. The e-government projects in Korea was launched in 2001 by the former administration. However, the confusion of records-management after the promulgation of the act is the result of the lack of strategy and the inconsistency of the vision. Good record-keeping supports effective, transparent and accountable government. Accountability is a key element of good governance. It is a recognized fact that without information, there is no guidance for decision-making, and accountability. Thus without records, there is no accountability for the decisions of actions. Transparency means that the decisions taken and their enforcement are carried out based on led-out rules and regulations. When both accountability and transparency are non-existent, good governance is bound to fail. Archival institutions have to give an attention to inner-governance because of the new trend of archival practice, namely 'macro-appraisal'. This 'macro-appraisal' is a kind of a functions-based approach. However, macro-appraisal focuses not just on function, but on the three-way interaction of function, structure and citizen, which combined reflect the functioning of the state within civil society, that is to say, its governance. In conclusion, the public and democracy are major challenges in the Korean society. The so-called good governance requires good record management. In this respect, records managers are in the front line of instituting good governance, and achieving better public and democracy for future generation, a procedure of achieving good governance.

신문법 내 소유규제 제도의 형성과 해체에 관한 연구 (A Study on Formation and Dissolution of Ownership Restriction System within Newspaper Act)

  • 이용성
    • 한국언론정보학보
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    • 제56권
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    • pp.71-85
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    • 2011
  • 이 논문은 1987년 정간법 제정을 계기로 구축된 신문의 소유규제 제도가 2005년 신문법으로 전부 개정되면서 강화되었고, 2009년에 다시 개정되면서 위기에 직면하게 되는 과정을 언론법제사적 측면에서 검토한다. 1987년, 헌법 제21조 제3항의 신문기능 법정주의에 근거해서 정립된 신문의 소유규제 제도는 2005년 신문법으로 강화되었다가 2006년 신문법 헌법소원 결정에 따라 위축되기 시작한다. 2009년 신문법과 방송법이 개정되면서 신문 방송 겸영 규제, 복수신문 소유 규제 등은 존재하지 않게 되었다. 그 과정에서 야당도 신문방송의 제한적인 교차소유를 허용하였기 때문에 1987년에 형성된 신문소유 규제 제도는 해체 위기에 직면했다. 신문방송의 교차소유 허용 등의 규제완화가 미디어환경의 변화와 여론지배력의 추이 등을 장기적으로 검토하고 결정해야 할 정책적인 사안임에도 불구하고 이렇게 단기간에 도입하는 것은 위험한 일이다. 신문은 정치여론 형성에 있어서 지상파방송과 함께 강력한 미디어이다. 신문여론시장을 과점하고 있는 신문들의 여론지배력이 보도방송 영역까지 전이될 수 있다는 우려를 무시하기 어렵기 때문이다. 미디어소유 집중으로 정치적 다원주의가 위축되어 궁극적으로 민주주의가 위협받을 개연성이 있다는 점에서 신문 소유규제의 완화는 장기적인 사회적 논의가 전제되어야 할 것이다.

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병원감염에 관한 판례의 동향 (Trends of the Precedent Case concerning Hospitalized Acquired Infection)

  • 이동필
    • 의료법학
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    • 제8권1호
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    • pp.61-105
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    • 2007
  • The Hospitalized Acquired Infection is defined as the case where the hidden infection or not found at the time of hospitalization occurs during the hospitalized period or, within 30 days to those who performed the surgery operation and then left the hospital. About 2/3 of the Hospitalized Acquired Infection are found as having the internal infection cases that are occurred by the patients' own virus due to the lowered immune system, while about 1/3 are found as having the external infection. The latter 1/3 of the external infection cases can be prevented through the infection management. And in case the new Hospitalized Acquired Infection case occur to the patient who was treated in the hospital, its responsibility issue will matter. As well in the disputes over the Hospitalized Acquired Infection cases, the cause-result relation between the damages and the medical staff's fault and as to whether there is failure of the medical staff or not. personnel should be proved in the medical-malpractice cases. In addition, the difficulties in proving such as expertise, secrecy propensity, discrete propensity and incompleteness will be considered to ease the burden of patient side's proving. Probability theory, Fact based assumption theory, Most adequate plaintiff preassumption or Expressed evidence theories are being discussed as the theories of eased burden of proof. In the result of gathering and reviewing Korea's precedent cases concerning the Hospitalized Acquired Infection, there are only a few accumulated prece dent cases and the attitude of the court also are also not consistent. Therefore, there are the precedents where the cause-result relation and the failure are immediately assumed when (1) timely proximity between the medical behavior and malpractice results, (2) proximity between the medical behavior-applied parts and the malpractice results-found parts, and (3) lack of other causes are separately evidenced; while the are the precedents only when 'the existence of the medical faults based on the common sense' is separately evidenced. It was found that the former and latter cases coexisted. The former is considered as based on the theory that separates the fault and cause-result relation not to consider them together, or regarded as based on the doubts that assumes the medical staff's neglect even though the Hospitalized Acquired Infection might be completely prevented by their efforts. However, the modern medical technology has the limitation as far as the prevention of the Hospitalized Acquired Infection. In conclusion, the assumption of the cause-result relation and that of the fault should be separately reviewed. Therefore, the latter precedents are considered as more reasonable, in the point the faulty behavior may be proved based on the common sense.

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"상한창화훈지집(桑韓唱和塤篪集)"의 의학문답(醫學問答) 기록과 조일의학(朝日醫學) 교류 (The Medical Exchange of "SangHanChangHwaHunJiJip")

  • 함정식;차웅석;안상우;김남일
    • 한국한의학연구원논문집
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    • 제14권3호
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    • pp.155-171
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    • 2008
  • This study examined from "SangHanChangHwaHunJiJip" how medical exchange between doctors of Joseon and Japan affected medical science of Japan. "SangHanChangHwaHunJiJip" is a record that organized the written conversation between doctors and scholars of the Joseon and Edo period when the delegation so-called Joseon Tongsinsa visited Japan in 1719. Even though "SangHanChangHwaHunJiJip" was written by Japanese, but it was comprised of Joseon's advanced medical ideology, especially "DongEuiBogam" that has occupied an important part of the Joseon medical ideology. As a matter of fact, "SangHanChang HwaHunJiJip" contains general theme and medical subject. But until now, it has been hardly studied by medical historians. Many studies were generally made related to Joseon Tongsinsa, a governmental delegation, focused on literary and cultural exchange between Joseon and Japan by historians. "SangHanChangHwaHunJiJip" is no exception to this trend. We can find that doctors of the Joseon and Edo period entered into colloquium, a form of group discussion, about the clinical theme in "SangHanChangHwaHunJiJip". Concretely, the conversation between doctors of Joseon and Japan was about infant disease, infectious disease, folk remedies, medical herbs, moxa cautery, acupuncture, the study of nature, the study of medical books, etc. For example, when doctors of Japan ask a confirmed disease, doctors of Joseon explained it particularly. They had a great effect on in every cultural aspect of Japan, especially its medical field. Through this study of the medical questions and answers in "SangHanChangHwaHunJiJip", I came to know that the doctors of GiHae envoys gave great influence to the medical knowledge of Japan and the GiHae inherited and developed the medical tradition of SinMyo envoys. Through the examination of this study, I could deduct that "JeongJeongDongEuiBogam" which was published by the government of the Edo period is due to not only the contents of DongEuiBogam's advanced medical thought, but also the doctors of GiHae envoy. Also, "SangHanChangHwaHunJiJip" gives us an idea that doctors of GiHae envoys have medical trend of the OnBoHakFa and a group of Japanese doctors has medical trend of the study of nature. I am confident that the improvement of medical science and natural history of the Edo period is due to influence of medical exchange between Joseon and Japan. "SangHanChangHwaHunJiJip" confirms that medical exchange between two countries affected doctors and scholars of the Edo period.

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The Effects of Feeding Acacia saligna on Feed Intake, Nitrogen Balance and Rumen Metabolism in Sheep

  • Krebs, G.L.;Howard, D.M.;Dods, K.
    • Asian-Australasian Journal of Animal Sciences
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    • 제20권9호
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    • pp.1367-1373
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    • 2007
  • The aim of this study was to determine the feeding value to sheep of Acacia saligna grown under temperate conditions. Pen trials were undertaken to determine the effects of feeding A. saligna, which had been grown in a Mediterranean environment, on feed intake, nitrogen balance and rumen metabolism in sheep. Sheep were given ad libitum access to A. saligna with or without supplementation with PEG 4,000 or PEG 6,000. PEG 4000 appears to be the major detannification agent used in trials involving high tannin feed despite the fact that PEG 6000 has been shown to be more effective, in vitro. For this reason it was of interest to compare the two, in vivo. Dry matter intake was greater (p<0.05) in sheep supplemented with either PEG 4,000 or PEG 6,000 compared to the control. There was no difference, however, in intake between those supplemented with either PEG 4,000 or 6,000. Although animals were not weighed throughout the trial, a loss in body condition was obvious, in particular in the control group. Intake of N was greater (p<0.05) in sheep supplemented with either PEG 4,000 or PEG 6,000 than in the control. There was no difference in N intake between those supplemented with either PEG 4,000 or PEG 6,000. There were no significant differences in either the faecal or urinary N output between any of the treatment groups and all treatment groups were in negative N balance. Neither the average nor maximum pH of ruminal fluid of the control group was different to those supplemented with PEG. The minimum pH for the control group, however, was significantly higher (p<0.05) than for either of the PEG treatments. The average and the maximum ammonia levels were lower (p<0.05) in the control group compared with those in either of the PEG treatment groups. For all dietary treatments ruminal ammonia levels were well below the threshold for maximal microbial growth. Feeding A. saligna, without PEG, had a definite defaunating effect on the rumen. For all dietary treatments ruminal ammonia levels were well below the threshold for maximal microbial growth. It was concluded that A. saligna was inadequate as the sole source of nutrients for sheep, even with the addition of PEG 4,000 or PEG 6,000. The anti-nutritional effects on the animals were largely attributed to the excessive biological activity of the phenolics in the A. saligna leaves. There is a need to determine other supplements that may be complimentary with PEG to enhance the nutritive value of A. saligna to maintain a minimum of animal maintenance.

Ecological Functions and Losses of Traditional Korean Village Groves

  • Lee, D.-W.;Park, C.-R.
    • 한국제4기학회지
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    • 제18권2호통권23호
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    • pp.65-66
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    • 2004
  • There have been groves, in many cases, along with hedgerows and remnant forests around a traditional Korean village. A village grove is very closely connected to the life of residents. Sometimes it was a holy place where important village festivals were held, and became a resting place for farmers, especially in sunny summer. As a matter of fact, it is noted that traditional Korean village groves had been fostered for many purpose as religion, Confucianism, scenery, sanitation, traffic guard, public security, agriculture, hunting, and military and public uses were included in Chosun Govemor General(1938). Village groves were usually located at the outlet of watershed inside which a village was built. In addition, village groves used to be established along part of mountain ranges, streams and streets. A unique type of village grove, called bibosoop was fostered especially where the outlet of watershed was largely opened. In other cases, it was placed where a part of mountain range was relatively low, or where village residents were likely to see ugly objects such as a huge cliff, stony upland with an unvegetated area and the like(Kim and Jang 1994). In a sense, a sheltebelt is a sort of bibosoop as it is a landscape element to complement places that are exposed to strong winds. However, it is comparable to other typical bibosoop that is situated at a topographically very specific zone of watershed. In this paper, we will address potential functions of Korean village groves from a perspective of modern landscape ecology and show current status of some remnants, based on preliminary surveys. A village grove functions as barrier or filter of objects such as water, nutrients, and other elements and habitat of wildlife (park et al. 2003, Lee 2004). The village grove slows down the flow of water and air, maintains soil moisture an hinders soil erosion, enabling cultivation of crops and bringing up creatures nearby. It contributes to enhancing biodiversity. Birds rest on shrubby and woody trees of the element. Presumably, other organisms may also inhabit the village groves and take advantage of it when those move from a forest patch to others. Emerging insects acclimate themselves in the shade of the green space before they fly to sunny air. Besides the village grove acts as a component of agroforestry system as leaf litter is shed from a grove to an asjacent agricultural area, and transformed into green manure(Lee 2004). By the way, many of the landscape elements were destroyed or declined in Koea during the past several decades. The losses have been parallel or linked to environmental degradation. Unfortunately, we have a little reliable data as for how many groves have disappeared in Korea until now. There has been no complete census on the village groves in Korea, and the viewpoints of survey were to a degree different depending on surveyors. So, it is difficult to analyze the temporal and spatial change of village groves. Currently, national inventory data of Korean village groves are available in three reports. We reviewed the locations of village groves and arranged those according to the present administrative units, DONG. With the limited data, we found that at least 484 of village groves were recorded in South Korea. Among all provinces, village groves were most in Gyeongsanbuk-Do Province and least in Chungcheongbuk-Do Province(Table 1). This is a preliminary report prepared while some quantitative data regarding functions and lossers of the village groves are being collected. More detailed data will be introduced in the near future.

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한(韓).미(美) 신용장판례(信用狀判例) 비교평석(比較評釋) : 하자면제교섭(瑕疵免除交涉)과 추인(追認)의 해석기준(解釋基準) (A Comparative Analysis on Korea-US Documentary Credit Case Law based on the Waiver and Ratification)

  • 김기선
    • 무역상무연구
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    • 제16권
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    • pp.7-34
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    • 2001
  • This Study analyzes the fact that whether or not, the applicant, by failing to object promptly to the facial discrepancies of the presented documents and to return those documents to the issuing bank, has waived his right to sue for breach of the Application agreement based on the recent Korea-US Case law. Some commentators claim that an applicant has a duty to notify the issuing bank within a reasonable time after receiving the documents that they do not comply with the letter of credit requirements and to return those documents to the issuing bank, and also suggest that a failure to do so result in a waiver of discrepancies that operates as a matter of law. But such decisions make little sense in letter of credit transaction. Unless otherwise agreed, Applicant agreement does not require that the applicant notify the issuing bank of any facial discrepancies of the documents or return those documents. Moreover there is no support in the body of law, i.e., UCP 500 or the Revised UCC Article 5, for an automatic waiver or preclusion arising from the applicant's failure to object promptly. In addition, beyond the lack of authority to support an automatic waiver arising from the applicant's failure to object and return the documents, in a letter of credit transaction the issuing bank is the only party charged with the duty of scrutinizing documents. Therefore, if there are discrepancies, it is the bank that should have to seek an express waiver from the applicant ; the issuing bank should not avoid responsibility for failing to notice discrepancies because the applicant was slow to scrutinize the documents closely or because the applicant failed to inform the issuing bank of such discrepancies. Requiring that applicants inspect documents independently defeats the purpose of retaining the issuing bank, erodes the bank's responsibility to perform its role diligently, and may result in the bank avoiding liability despite negligent payment. If the bank wants to require an applicant to report discrepancies promptly, he may include a provision in the Application agreement limiting the time limit within which the applicant must give notice of facial discrepancies and return the documents. This approach will ensure the continued wide-spread use of documentary credit as a reliable payment mechanism.

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제주도(濟州道) 토양(土壤)의 화학적(化學的) 특성(特性) 조사(調査) 연구(硏究) -III. 감귤원(柑橘園) 토양(土壤)에서의 알루미늄 특성(特性) (Chemical Characteristics of Soils in Cheju Island -III. Aluminum Composition of the Citrus Orchard Soils)

  • 유순호;송관철
    • 한국토양비료학회지
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    • 제17권2호
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    • pp.167-172
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    • 1984
  • 제주도(濟州道) 화산회토(火山灰土)에서 감귤원(紺橘園)의 경작년대(耕作年代)에 따른 Al 함량(含量) 변화(變化)를 검토(檢討)하고, Al 함량(含量) 변화(變化)에 영향을 끼치는 요인(要因)들에 관하여 고찰(考察)한 결과(結果)는 다음과 같다. 1. 활성(活性) Al 함량(含量)이 매우 높았는데, 심토(深土)에서 특(特)히 높았다. 그러나 치환성(置換性) Al 함량(含量)은 비교적(比較的) 낮아 활성(活性) Al 함량(含量)의 1/10 정도에 불과(不過)하였다. 2. 감귤원(柑橘園)의 경작년대(耕作年代)가 오래될수록 pH가 증가(增加)함에 따라 치환성(置換性) Al 함량(含量)이 감소(減少)되었다. 3. 감귤원(柑橘園)의 경작년대(耕作年代)가 오래될수록 활성(活性) Al 함량(含量)도 현저하게 감소(減少)되고 있는데, 이는 주(主)로 인산비료(燐酸肥料)의 다량(多量) 시용(施用)에 의(依)해 Al 활성(活性)이 감소(減少)되었기 때문이다. 4. 유효인산(有效燐酸) 함량(含量)이 극(極)히 낮은 심토(深土)에서는 활성(活性) Al이 유기물(有機物) 함량(含量) 및 pH(NaF)와 고도(高度)로 유의(有意)한 상관을 보였으나, 유효인산(有效燐酸) 함량(含量)이 높은 표토(表土)에서는 상관이 낮았다. 이에서 수산화물(水酸化物)의 형태(形態)로 존재(存在)하고 있는 Al이 활성(活性) Al으로 침출(浸出)되고, 인산비료(燐酸肥料)를 시용(施用)하였 때 활성(活性) Al이 시용(施用) 인산(燐酸)과 반응(反應)하여 불용화(不溶化)됨을 알 수 있다.

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The Implications of Increasing Safety and Environmental Standard for Ship Operators

  • Marsh, Captain A.G.
    • 해양환경안전학회지
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    • 제2권1호
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    • pp.137-150
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    • 1996
  • Safety is built in to the activities of the prudent ship operator. Ant investment made towards this end is likely to have a measurable payback in positive terms. That there must be an investment is inevitable, because the industry at large has let things slip too far too long. Those who have not allowed it to slip too far and who are the first to recognize that safety, far from costing money, in the long term actually preserves it, will be wieners. Too many seem to have lost sight of the fact that every one hundred pennies saved is a full one hundred pennies profit. Every hundred pennies of additional revenue contributes no more then fifteen pence to profit. Environmental protection is not so simple, nor so financially attractive. Man needs the minerals of the Earth as well as the products of the soil and sea survive. We(the human race) are still not in the position, politically or financially to manage the Earth's assets without causing damage. The evidence of our damage is evident in many different parts of the Glove and will in some cases haunt several generations still to come. We have learned a lot, and continue to learn, but despite the best intentions some Government needs for their people will be at the expense of people in another region for the foreseeable future. We sailors ply the seas with the raw materials of commerce as well as the finished and part finished goods. It does not always sit well to consider too deeply what effect the ship and the cargo it carries is having, or may have, on some communities, or on the sea through which sail. None my generation can hold up his head and claim to be without blame in the pollution of the seas. Times are changing though, and Governments are turning their attention more to the protection of our planet and its precious resources. This will not be without cost. The investment will have to be made not for our benefit, but for the benefit of generations yet to come, however the cost will have to be borne by society as a whole, not by the shipping community alone. The debate surrounding the choice between engineering our way to a better tomorrow, or adapting our working practices will continue. Each method has the same goal as its target and as long as we attain the goal does it really matter how we get there?

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생산과 복지의 제도적 상보성에 관한 비교연구: 선진자본주의 국가를 중심으로 (Institutional Complementaries of Production and Welfare: Some Evidences from the Advanced Welfare Capitalist Countries)

  • 안상훈
    • 한국사회복지학
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    • 제57권2호
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    • pp.205-230
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    • 2005
  • 본 연구는 복지체제와 생산레짐이 서로 연관성을 지니는지, 만약 연관된다면 어떤 방식으로 조응하는지, 그리고 현대복지국가의 두 가지 목표라고 할 수 있는 생산과 분배에서 어떤 차이를 노정하고 있는지에 관한 경험적 분석이다. 본 연구의 분석은 크게 두 부문으로 나뉜다. 하나는 Esping-Andersen의 복지체제론에서 이야기되는 세 가지 체제가 생산과 복지의 포괄적 조응을 담아낼 수 있는가에 관한 군집분석이고, 다른 하나는 이러한 세 가지 체제들이 생산과 복지에 관한 다양한 변수들에 있어 통계적인 차이를 보이는지에 관한 일원분산분석이다. 본 연구의 분석결과는 다음과 같다. 첫째, 군집분석 결과, 자본주의의 다양성에 관한 논의와 세 가지 복지자본체제에 관한 논의는 하나의 분석틀 안에서 소화될 수 있음이 밝혀졌다. 둘째, 일원분산분석 결과, 생산과 복지에 관한 대표적인 변수들이 세 가지 체제 사이에 상당한 차별성을 보임이 확인되었다. 무엇보다 흥미로운 결과는 사민주의, 보수주의, 자유주의 체제들이 유사한 수준의 경제적인 성과를 보이면서도 분배성과에 있어서는 매우 상이한 수준을 지닌다는 점이다.

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