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Legality of the Welfare Benefits Termination and Modification Procedure under the National Basic Living Security Act: Applying the Due Process of Law Principle (국민기초생활보장법상의 급여변경 및 중지절차의 적정성에 대한 법적 고찰 : 적법절차원칙의 적용)

  • Kim, Jihye
    • Korean Journal of Social Welfare Studies
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    • v.42 no.4
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    • pp.239-262
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    • 2011
  • The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

Implication of the Election Result in line with the Nomination Conflicts of the Korean Political Parties: Based on the nomination of the ruling party and the opposition party in the 20th general election (한국 정당의 공천파동에 따른 선거 결과 함의 : 제20대 총선과정에서 여·야 정당의 공천을 중심으로)

  • Chung, Joo-Shin
    • Korea and Global Affairs
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    • v.1 no.1
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    • pp.31-70
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    • 2017
  • On December 9, 2016, the decision of impeachment of the National Assembly decided against Park Geun-hye came from the nomination conflicts of the 20th general election between Pro-Park group and Anti-Park group at the ruling Saenuri Party. Therefore, this study focused on the nomination conflicts of the ruling party and the opposition party on the election results in the 20th general election on the public sentiment of the people. The nomination conflicts of the ruling and opposite parties were a prelude to the victory of the 19th presidential election, and it was serious faction conflict. Firstly, the study examined how the nomination conflicts of each party were centered on President Park Geun-hye as well as the leaders of each party and the chairman of the nomination committee. Secondly, the study examined what kind of changes would be made to the composition of presidential candidates for each party at the time of the presidential election. Thirdly, the study examined the opposition parties' separation between the Minjoo Party of Korea and the People's Party of Korea before and after the election and the issue of initiative in Honam. As a result of the analysis, the 20th general election failed to obtain a majority seat of the ruling Saenuri Party, and the opposition won and formed the majority. The reason why President Park and Saenuri were greatly defeated in the contest even in the situation where the opposition parties were divided is the root cause in the attitude of Pro-Park group and Anti-Park group who assumed their victory. Therefore, it is highly possible to render its responsibility to President Park Geun-hye, who has become a 'past power', and it has opened up the possibility that the emergence of future power by opposition parties. In the case of the opposition party, it is clear that the battle for Honam, which is a traditional opposition party's support group, is a matter of good fortune of the two major powers, Moon Jae In and Ahn Cheol Soo.

Considerations of Environmental Factors Affecting the Detection of Underwater Acoustic Signals in the Continental Regions of the East Coast Sea of Korea

  • Na, Young-Nam;Kim, Young-Gyu;Kim, Young-Sun;Park, Joung-Soo;Kim, Eui-Hyung;Chae, Jin-Hyuk
    • The Journal of the Acoustical Society of Korea
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    • v.20 no.2E
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    • pp.30-45
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    • 2001
  • This study considers the environmental factors affecting propagation loss and sonar performance in the continental regions of the East Coast Sea of Korea. Water mass distributions appear to change dramatically in a few weeks. Simple calculation with the case when the NKCW (North Korean Cold Water) develops shows that the difference in propagation loss may reach in the worst up to 10dB over range 5km. Another factor, an eddy, has typical dimensions of 100-200km in diameter and 150-200m in thickness. Employing a typical eddy and assuming frequency to be 100Hz, its effects on propagation loss appear to make lower the normal formation of convergence zones with which sonars are possible to detect long-range targets. The change of convergence zones may result in 10dB difference in received signals in a given depth. Thermal fronts also appear to be critical restrictions to operating sonars in shallow waters. Assuming frequency to be 200Hz, thermal fronts can make 10dB difference in propagation loss between with and without them over range 20km. An observation made in one site in the East Coast Sea of Korea reveals that internal waves may appear in near-inertial period and their spectra may exist in periods 2-17min. A simulation employing simple internal wave packets gives that they break convergence zones on the bottom, causing the performance degradation of FOM as much as 4dB in frequency 1kHz. An acoustic experiment, using fixed source and receiver at the same site, shows that the received signals fluctuate tremendously with time reaching up to 6.5dB in frequencies 1kHz or less. Ambient noises give negative effects directly on sonar performance. Measurements at some sites in the East Coast Sea of Korea suggest that the noise levels greatly fluctuate with time, for example noon and early morning, mainly due to ship traffics. The average difference in a day may reach 10dB in frequency 200Hz. Another experiment using an array of hydrophones gives that the spectrum levels of ambient noises are highly directional, their difference being as large as 10dB with vertical or horizontal angles. This fact strongly implies that we should obtain in-situ information of noise levels to estimate reasonable sonar performance. As one of non-stationary noise sources, an eel may give serious problems to sonar operation on or under the sea bottoms. Observed eel noises in a pier of water depth 14m appear to have duration time of about 0.4 seconds and frequency ranges of 0.2-2.8kHz. The 'song'of an eel increases ambient noise levels to average 2.16dB in the frequencies concerned, being large enough to degrade detection performance of the sonars on or below sediments. An experiment using hydrophones in water and sediment gives that sensitivity drops of 3-4dB are expected for the hydrophones laid in sediment at frequencies of 0.5-1.5kHz. The SNR difference between in water and in sediment, however, shows large fluctuations rather than stable patterns with the source-receiver ranges.

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The Effect of Red-Yeast-Rice Supplement on Serum Lipid Profile and Glucose Control in Subjects with Impaired Fasting Glucose or Impaired Glucose Tolerance (공복 혈당장애 및 내당능장애자에서 홍국의 섭취가 혈중지질 및 혈당 조절에 미치는 영향)

  • Kang, Mi-Ran;Kim, Ji-Young;Hyun, Yae-Jung;Kim, Hyae-Jin;Yeo, Hyun-Yang;Song, Young-Duk;Lee, Jong-Ho
    • Journal of Nutrition and Health
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    • v.41 no.1
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    • pp.31-40
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    • 2008
  • This study was aimed at evaluating the effect of red-yeast-rice supplementation on cholesterol-lowering and glucose control in subjects with impaired fasting glucose (IFT) or impaired glucose tolerance (IGT). We conducted a doubleblind, placebo-controlled study with 3 groups; placebo, low dose group (red yeast rice 210.0mg/capsule, 2.52g/day) and high dose group (red yeast rice 420.0mg/capsule, 5.04g/day), which were randomly assigned to subjects with impaired fasting glucose or impaired glucose tolerance. We measured fasting serum concentrations of total-, LDL-, HDL-cholesterol, triglyceride, glucose, insulin, free fatty acid (FFA) and 2 h oral glucose tolerence test (OGTT) before and after the supplementation. Both low dose and high dose groups had significant decrease in LDL cholesterol and atherogenic index (AI) compared with placebo group (p<0.05). Additionally, total and HDL cholesterol improved significantly in high dose group compared with placebo group (p<0.05). Fasting serum glucose decreased in test groups and increased in placebo group after intervention. However, it was not significant differences. In subjects which fasting blood glucose is more than 110mg/dL, fasting glucose had a tendency to decrease in high dose group (p<0.1) and Hemoglobin A1c (HbA1c) had significant decrease in low dose group (p<0.05), while insulin and HOMA-IR had a tendency to increase in placebo group after intervention. Mean changes of glucose related parameters (fasting glucose, insulin, HOMA-IR) compared with placebo group did not show significant differences. In conclusion, subjects with impaired fasting glucose or impaired glucose tolerance were significantly improved in serum lipid profile by red yeast rice supplementation without serious side effects. These are more effective in the case of a high dose. The effects of red yeast rice supplementation on glucose control were insignificant.

The Clinical Aspects of Wild Plant Poisoning (야생식물 중독의 임상 양상)

  • Ok, Taek-Gun;Park,, Chan-Woo;Cho, Jun-Hwi;Cheon, Seung-Whan;Lee, Seung-Young;Kim,, Sung-Eun;Choi, Ki-Hoon;Bae, Ji-Hoon;Seo, Jeong-Yeul;Ahn, Hee-Cheol;Ahn, Moo-Eob;Cho, Byung-Ryul;Kim,, Yong-Hoon
    • Journal of The Korean Society of Clinical Toxicology
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    • v.3 no.2
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    • pp.79-85
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    • 2005
  • Purpose: With the recent boom in 'eating healthy', many adults are interested in dieting to prevent future diseases. However only well trained experts can distinguish between what are edible vegetables and herbs from their poisonous look-alikes. In cases where a patient unknowingly ingests a poisonous herb, is caught off guard by the poisonous side effects that occur because of their lack of knowledge of what they have ingested. This paper will focus on the need to educate the public about the risks involved with ingesting wild vegetables and herbs and study the emergency diagnosis and treatment of poisoned patients that enter the emergency room. Method: This study was done in the spring of 2004 (from March to May) in the Kangwon Young-Seo districts of Korea. 15 subjects used in this study, entered the emergency room showing signs of toxic symptoms. Data was collected by examining subject's records. Additional data was collected by collaborating with physicians in the hospital that diagnosed and treated the subjects. Identifying the poisonous vegetable or herb is the first step to proper diagnosis and treatment. Subjects admitted to the emergency room, underwent a battery of tests: laboratory examination, ECG, radiological exam and etc. Results: The demographics of the study encompassed subjects with the average age of $50{\pm}19$ years old. There were 10 men and 5 women. Common symptoms of this study included; gastrointestinal symptoms such as nausea, vomiting, epigastric pain and so on. In the case of Caltha palustris ingestion, additional symptoms were present; bradycardia and hypotension which lasted for a long time. While cases that ingested Scopolia parviflora had little effect on vital signs but manic episodes lasted for about three days. Veratrum patulum ingestion showed signs of bradycardia and hypotension but contrary to Caltha palustris recovery was shorten by treating with dopamine. However, dizziness, headache and paresthesia of the extremities continued for a long time. Finally Sium ninsi ingestion showed visual disturbance, paresthesia of the extremities, dizziness as their initial symptoms. Conclusion: The risks involved with ingesting wild plants without the proper knowledge can lead to serious side effects and steps need to be taken to educate the public. In addition, all emergency physicians need to have a working knowledge of the symptoms and signs associated with ingesting toxic wild plants and need to treat accordingly.

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Clinacal investigation of child sexual abuse (소아 성폭력에 관한 임상적 고찰)

  • Lee, Hyun Joo;Han, Hye Jung;Kim, Ji Hee;Lee, Hye Sun;Lee, In Sil
    • Clinical and Experimental Pediatrics
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    • v.50 no.1
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    • pp.20-27
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    • 2007
  • Purpose : Child sexual abuse is a significant and serious problem that affects public health and society. Pediatricians are responsible for preventing and detecting sexual abuse of children. The aim of this study was to examine clinical findings of child sexual abuse. Methods : The authors retrospectively studied 292 patients between the ages of 0 and 18 who were referred for evaluation of sexual abuse to the Emergency Department of the National Police Hospital from Oct 1, 2001 to May 5, 2005. Results : Sixty three (21.6 percent) of sexual abuse victims were younger than 6 years of age; 89 (30.5 percent) were 6-12 years of age; and 104 (47.9 percent) were 12-18 years of age. Attack time was the most common between noon and 6 pm. Victims were attacked in their home or nearby (51.4 percent). One hundred fifty six (53.6 percent) offenders were accquaitances, thirty nine (13.4 percent) of whom were family members. The disclosure of attack by parents with abnormal physical symptoms was more common in younger children than in adolescence. Eighty nine (30.5 percent) victims had no specific physical findings, 51 percent had injury to the hymen, 37.3% had injury to external genitalia, and 4 percent had anal injury. One case of gonorrhea and thirteen cases of chlamydia were found. Sperm was found in 19 cases and acid phosphatase was positive in 28 cases. The absence of physical findings and laboratory findings was more common in younger children than in those in adolescence. The time interval from attacks to hospital visits had a significant negative correlation with age. Conclusion : For younger victims, the time interval from attack to hospital visitis was more prolonged. Victims may have no physical evidence of sexual abuse. Therefore, a careful history should be obtained and a through physical examination should be performed. Pediatricians must play a leading role in evaluation and treatment of sexually abused children, considering children,s growth and development. Coordination with other professionals is necessary to provide consultation, medical treatment, and legal assistance for the sexually abused children and families.

The Empirical Study on the Relationship Between Mentoring Functions and Young generation Start-up Competence : Focusing on Moderating Effect of Start-up Preliminary period & Start-up Aim Period (멘토링기능이 청년창업역량에 미치는 영향에 관한 실증연구 : 창업예비기간.창업희망기간의 조절효과를 중심으로)

  • Oh, Jai Woo;Yang, Dong Woo
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.9 no.5
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    • pp.115-127
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    • 2014
  • The national Entrepreneurial policy of Start-up assists the young and college students to be raised as entrepreneur in various ways seeking solution for serious unemployment problem. Many young generation start-up a business without prior knowledge and experience in management that end up as a case of failure rather than success. Many young pre-entrepreneur are afraid of Start-up and hesitate or give up before start. Now many Entrepreneurship education contents and Entrepreneurship mentoring programs are being provided for pre-entrepreneur. Especially, Entrepreneurship mentoring programs's importance to ease off these fear and anxiety is recognized and Mentoring program's part and contents are being enhanced in Entrepreneurship education content. In this study, the influence of Entrepreneurship mentoring program to young and brilliant entrepreneur who wants to start a business will be explained. The function of Entrepreneurship mentoring to improvement of entrepreneurial capability will be anaylzed and by using the function of Entrepreneurship mentoring and entrepreneurial capability, the moderating effect of start-up preliminary period and start-up aim period is examined. The results of as regression analysis, the study found out the function of Entrepreneurship mentoring has a positive significant influence with entrepreneurial capability which means technological competence and creativity competence. For the moderating effect of start-up preliminary period and start-up aim period, it is found out that the effect does not have a significant influence on the function of Entrepreneurship mentoring and also technological competence, but on creativity competence, significant influence was found. However, after looking at the moderating effect that is considered to be related to entrepreneurial capability, for the function of mentoring only the effect on start-up preliminary period.

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Study on the Planting Index of School Forest - The Case of Gyeonggido - (학교숲 조성지표에 관한 연구 - 경기도를 중심으로 -)

  • Jang, Dong-Su;Sin, Kwang-Sun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.37 no.6
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    • pp.12-18
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    • 2010
  • This study was carried out in order to propose a planning index for improved school forests in Gyeonggido. For the purpose of this study we selected 42 out of 75 school forests established during 2005 in Gyeonggido. All 42 school forests were surveyed and analyzed by frequency, cross tabulation, and group average analysis with SPSS 12.0 version. The present condition of the school forests was analyzed with in conjunction with items such as the surrounding environment, centralization, and locational characteristics as nominal points. Other items: trees, shrubs, pavement, fruit trees, transplantation, evergreen trees, and recreation facility content percentage were analyzed as a proportion point. After reviewing the literature and analyzing the present condition of school forests, we constructed a conceptual framework and formulated a hypothesis for this research. Data were obtained through a questionnaire, given to 98 students majoring in landscape architecture at Hankyong University in 2007. Results showed that the primary variables for tree health were soil compaction and the depth of soil filling. They were the most serious factors that deteriorate the health of trees. Based on the relationship between tree health and growing conditions, trees inside the school forest should be managed to provide more growing space and less abuse. The minimum area for trees inside the school forest for good growth conditions should be within the drip lines. We have found that the minimum percentage of tree content is 0.13, which means that more than 130 trees need to be planted over $1,000m^2$ green space. More than 3,580 shrubs need to be planted over $1,000m^2$ green space. The pavement area should be controlled to less than 19% of the total size of the school forest area. Finally, more than 39 trees out of 100 trees planted should be evergreen. The research results suggest that the construction planning index of Gyeonggido school forest be recommended in the planning and development process of the construction project carried out every year.

A Microgravity for Mapping and Monitoring the Subsurface Cavities (지하 공동의 탐지와 모니터링을 위한 고정밀 중력탐사)

  • Park, Yeong-Sue;Rim, Hyoung-Rae;Lim, Mu-Taek;Koo, Sung-Bon
    • Geophysics and Geophysical Exploration
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    • v.10 no.4
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    • pp.383-392
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    • 2007
  • Karstic features and mining-related cavities not only lead to severe restrictions in land utilizations, but also constitute serious concern about geohazard and groundwater contamination. A microgravity survey was applied for detecting, mapping and monitoring karstic cavities in the test site at Muan prepared by KIGAM. The gravity data were collected using an AutoGrav CG-3 gravimeter at about 800 stations by 5 m interval along paddy paths. The density distribution beneath the profiles was drawn by two dimensional inversion based on the minimum support stabilizing functional, which generated better focused images of density discontinuities. We also imaged three dimensional density distribution by growing body inversion with solution from Euler deconvolution as a priori information. The density image showed that the cavities were dissolved, enlarged and connected into a cavity network system, which was supported by drill hole logs. A time-lapse microgravity was executed on the road in the test site for monitoring the change of the subsurface density distribution before and after grouting. The data were adjusted for reducing the effects due to the different condition of each survey, and inverted to density distributions. They show the change of density structure during the lapsed time, which implies the effects of grouting. This case history at the Muan test site showed that the microgravity with accuracy and precision of ${\mu}Gal$ is an effective and practical tool for detecting, mapping and monitoring the subsurface cavities.

A Numerical Study for Effective Operation of MSW Incinerator for Waste of High Heating Value by the Addition of Moisture Air (함습공기를 이용한 고발열량 도시폐기물 소각로의 효율적 운전을 위한 수치 해석적 연구)

  • Shin, Mi-Soo;Shin, Na-Ra;Jang, Dong-Soon
    • Journal of Korean Society of Environmental Engineers
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    • v.35 no.2
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    • pp.115-123
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    • 2013
  • Stoker type incinerator is one of the most popular one used as municipal solid waste (MSW) incineration because, in general, it is quite suitable for large capacity and need no preprocessing facility. Nowadays, however, since the combustible portion of incoming MSW increases together with the decrease of the moisture content due to prohibition of directly burying food waste in landfill, the heating value of waste is remarkably increasing in comparison with the early stage of incinerator installation. Consequently, the increased heating value in incinerator operation causes a number of serious problems such as reduction of waste amount to be burned due to the boiler heat capacity together with the significant NO generation in high temperature environment. Therefore, in this study, a series of numerical simulation have been made as parameters of waste amount and the fraction of moisture in air stream in order to investigate optimal operating condition for the resolution of the problems associated with the high heating value of waste mentioned above. In specific, a detailed turbulent reaction flow field calculation with NO model was made for the full scale incinerator of D city. To this end, the injection method of moisturized air as oxidizer was intensively reviewed by the addition of moisture water amount from 10% and 20%. The calculation result, in general, showed that the reduction of maximum flame temperature appears consistently due to the combined effects of the increased specific heat of combustion air and vaporization heat by the addition of water moisture. As a consequence, the generation of NOx concentration was substantially reduced. Further, for the case of 20% moisture amount stream, the afterburner region is quite appropriate in temperature range for the operation of SNCR. This suggests the SNCR facility can be considered for reoperation. which is not in service at all due to the increased heating value of MSW.