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Administrative Legislation Procedures, Pre-Notices, Listening to Opinions under the Administrative Law of the United States - Focusing on the Analysis of the 2019 Ruling, Federal Supreme Court Azar v. Allina Health Service, 587 U.S. 1804 - (미국 행정법상 행정입법절차와 사전통지, 의견청취 - Azar v. Allina Health Service, 587 U.S. 1804 2019 판결에 대한 분석을 중심으로 -)

  • Kim, Yong-Min
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.187-220
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    • 2020
  • Today, administrative legislation is becoming more and more important in that it not only sets the legal life relationship of the people in great detail and detail, but is closely related to the occurrence, extinction, and alteration of rights and obligations held by prisoners. In the United States, the types of administrative legislation are divided into substantive and interpretative regulations, so-called substantive regulations, which give prior notice and opportunity to comment on interested parties through formal or informal administrative procedures in accordance with Article 553 of the Federal Administrative Procedures Act. On the other hand, the interpretation regulation, which is "the regulation established by the Administration for the simple interpretation of statutes," does not require prior notice or comment because it does not affect the people's rights obligations. The Azar v. Allina Health Service, 587 U.S. 1804, 2019 ruling by the U.S. Constitutional Court, subject to this research paper, is about a dispute over a new decision to require Medicare to determine the amount of compensation for care providers that provide medical services for the poor, and should the regulations be regarded as substantive under the Administrative Procedures Act and should not be given a hearing or a simple internal process for processing. Given that the current administrative procedure law of our country stipulates the procedures for administrative pre-announcement through Articles 42.1 and 44.1, but that our courts have not judged violations of legislative pre-announcement procedures under the Administrative Procedures Act so far as to judge the illegality of administrative legislation, the dispute of the U.S. Constitutional Court will provide new implications for controlling legal orders beyond simple legal interpretation and has great significance in terms of readjustment of relevant regulations under future administrative procedures.

Constitutional Issue Review of Compensation for Inevitable Medical Accidents During Delivery (불가항력 의료사고 보상사업에 대한 헌법적 쟁점 검토)

  • JUN, HYUN JUNG
    • The Korean Society of Law and Medicine
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    • v.21 no.1
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    • pp.153-185
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    • 2020
  • In principle, even if serious consequences such as death or serious injury of a patient occur as a result of a medical accident, if the medical malpractice of a health care worker is not recognized, the health care worker is not held liable for said consequences. However, with the opening of the Korea Medical Dispute Mediation and Arbitration Agency on April 7, 2012, a system was established to compensate health care personnel for their medical malpractices only in the case of "injuries caused by medical accidents in the course of childbirth" (hereinafter referred to as "program for compensation of medical accidents"). Article 46 paragraph 1 of the current Medical Dispute Mediation Act, which is the basis of the Force Majeure Medical Accident Compensation System, stipulates that "medical accidents under delivery" claims are to be determined by the Medical Accident Compensation Review Committee are subject to the compensation project. And the details of the compensation, ratio of sharing financial resources for compensation, scope of compensation, and the guidelines and procedure for the payment of compensations are prescribed by Presidential Decree. In other words, the Presidential Decree requires the state to pay 70 percent of the compensation funds, and 30 percent of the above funds among health care providers. The Constitutional Court has decided on the 2015Hun-Ga13 that the scope of the health care institution's founders and the share of the compensation funds cannot be directly determined by the law, and that the portion delegated by the Presidential decree does not violate the Principle of Legal Protection nor Comprehensive Nondelegation Doctrine. However, this can be seen as an exclusion of accountability for force-induced delivery accidents even if there is no negligence of the medical staff. If the nature of the system is a type of social security system with a social compensatory nature, it could consider eliminating the health care innovator's cost-sharing provisions, leaving the full cost to the state. However, it is also necessary to review institutional protocols that strengthen the efforts of medical institutions in areas such as analysis of the causes of medical accidents and measures to prevent their recurrence. In addition, I think that the conclusion of the Act is in line with the purpose of the Comprehensive Wage Support Regulations that at minimum the law sets an upper limit of the compensation funds that are to be paid by health and medical institutions. Moreover, it is reasonable for the Medical Accident Compensation Review Committee to specify gestational age and weight of births, which are the criteria for compensation, under the Enforcement Decree of the Medical Dispute Mediation Act, in relation to the criteria for payment of contributions by the Medical Accident Compensation Review Committee, and to set the detailed criteria.

A Study on the Change of Materials and Fabrication Techniques of Stone Figures in Royal Tombs of the Joseon Period - Focusing on Shindobi, Pyo-Seok, and Sang-Seok - (조선시대 왕릉 석물의 재료와 제작 방법 변화에 관한 연구 - 신도비와 표석, 상석을 중심으로 -)

  • Cha, Moonsung
    • Korean Journal of Heritage: History & Science
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    • v.52 no.4
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    • pp.56-77
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    • 2019
  • Bi-Seok is a treasure trove of funeral rites and an important cultural asset that can shed light on the historical and social history of calligraphy, but research of the topic is still insignificant. In particular, research on the production method of Bi-Seok remains an unproven field. The production of Bi-Seok can be roughly divided into ma-jeong (refining stone), sculpture, and the Buk-chil (process of engraving letters) process. This article reveals some facts: First, performing ma-jeong to the Sang-Seok, Honyu-Seok, Bi-seok, which are known to be God's things. This process is needed because of the change in the perception of the Honyu-Seok due to the settlement and propagation of Confucian ceremonial rituals in the times of hardship in 1592 and 1636. As the crafting process of ma-jeong did not remain concrete, it was only possible to examine the manufacturing process of Bi-Seok through its materials and tools. Second, the rapid proliferation of Oh-Seok and Sa-jeo-chwi-yong (purchase of things made by private citizens) in the Yeongjo era has great importance in social and cultural history. When the Gang-Hwa-Seok of the commodity were exhausted, the Oh-Seok that was used by Sadebu (upper civil class) were used in the tomb of Jangneung, which made Oh-Seok popular among people. In particular, the use of Oh-Seok and the Ma-Jeong process could minimize chemical and physical damage. Third, the writing method of the Bi-seok is Buk-chil. After Buk-Chil of Song Si-Yeol was used on King Hyojong's tomb, the Buk-Chil process ( printing the letters on the back of the stone and rubbing them to make letters) became the most popular method in Korea and among other East Asian countries, and the fact that it was institutionalized to this scale was quite impressive. Buk-Chil became more sophisticated by using red ink rather than black ink due to the black color that results from Oh-Seok. Fourth, the writing method changes in the late Joseon Dynasty. Until the time of Yeongjo's regime, when inscribing, the depth of the angle was based on the thickness of the stroke, thus representing the shade. This technique, of course, did not occur at every Pyo-Seok or Shindobi, but was maintained by outstanding artisans belonging to government agencies. Therefore, in order to manufacture Bi-Seok, Suk-seok, YeonJeong, Ma-jeong, Jeong-Gan, ChodoSeoIp, Jung-Cho, Ip-gak, Gyo-Jeong, and Jang-Hwang, a process was needed to make one final product. Although all of these methods serve the same purpose of paying respects and propagandizing the great work of deceased persons, through this analysis, it was possible to see the whole process of Pyo-Seok based upon the division of techniques and the collaboration of the craftsmen.

Recent Progress in Air-Conditioning and Refrigeration Research: A Review of Papers Published in the Korean Journal of Air-Conditioning and Refrigeration Engineering in 2008 (설비공학 분야의 최근 연구 동향: 2008년 학회지 논문에 대한 종합적 고찰)

  • Han, Hwa-Taik;Choi, Chang-Ho;Lee, Dae-Young;Kim, Seo-Young;Kwon, Yong-Il;Choi, Jong-Min
    • Korean Journal of Air-Conditioning and Refrigeration Engineering
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    • v.21 no.12
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    • pp.715-732
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    • 2009
  • This article reviews the papers published in the Korean Journal of Air-Conditioning and Refrigeration Engineering during 2008. It is intended to understand the status of current research in the areas of heating, cooling, ventilation, sanitation, and indoor environments of buildings and plant facilities. Conclusions are as follows. (1) Research trends in thermal and fluid engineering have been surveyed in the categories of general fluid flow, fluid machinery and piping, new and renewable energy, and fire. Well-developed CFD technologies were widely applied in developing facilities and their systems. New research topics include fire, fuel cell, and solar energy. Research was mainly focused on flow distribution and optimization in the fields of fluid machinery and piping. Topics related to the development of fans and compressors had been popular, but were no longer investigated widely. Research papers on micro heat exchangers using nanofluids and micro pumps were also not presented during this period. There were some studies on thermal reliability and performance in the fields of new and renewable energy. Numerical simulations of smoke ventilation and the spread of fire were the main topics in the field of fire. (2) Research works on heat transfer presented in 2008 have been reviewed in the categories of heat transfer characteristics, industrial heat exchangers, and ground heat exchangers. Research on heat transfer characteristics included thermal transport in cryogenic vessels, dish solar collectors, radiative thermal reflectors, variable conductance heat pipes, and flow condensation and evaporation of refrigerants. In the area of industrial heat exchangers, examined are research on micro-channel plate heat exchangers, liquid cooled cold plates, fin-tube heat exchangers, and frost behavior of heat exchanger fins. Measurements on ground thermal conductivity and on the thermal diffusion characteristics of ground heat exchangers were reported. (3) In the field of refrigeration, many studies were presented on simultaneous heating and cooling heat pump systems. Switching between various operation modes and optimizing the refrigerant charge were considered in this research. Studies of heat pump systems using unutilized energy sources such as sewage water and river water were reported. Evaporative cooling was studied both theoretically and experimentally as a potential alternative to the conventional methods. (4) Research papers on building facilities have been reviewed and divided into studies on heat and cold sources, air conditioning and air cleaning, ventilation, automatic control of heat sources with piping systems, and sound reduction in hydraulic turbine dynamo rooms. In particular, considered were efficient and effective uses of energy resulting in reduced environmental pollution and operating costs. (5) In the field of building environments, many studies focused on health and comfort. Ventilation. system performance was considered to be important in improving indoor air conditions. Due to high oil prices, various tests were planned to examine building energy consumption and to cut life cycle costs.

Effects of Private Insurance on Medical Expenditure (민간의료보험 가입이 의료이용에 미치는 영향)

  • Yun, Hee Suk
    • KDI Journal of Economic Policy
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    • v.30 no.2
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    • pp.99-128
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    • 2008
  • Nearly all Koreans are insured through National Health Insurance(NHI). While NHI coverage is nearly universal, it is not complete. Coverage is largely limited to minimal level of hospital and physician expenses, and copayments are required in each case. As a result, Korea's public insurance system covers roughly 50% of overall individual health expenditures, and the remaining 50% consists of copayments for basic services, spending on services that are either not covered or poorly covered by the public system. In response to these gaps in the public system, 64% of the Korean population has supplemental private health insurance. Expansion of private health insurance raises negative externality issue. Like public financing schemes in other countries, the Korean system imposes cost-sharing on patients as a strategy for controlling utilization. Because most insurance policies reimburse patients for their out-of-pocket payments, supplemental insurance is likely to negate the impact of the policy, raising both total and public sector health spending. So far, most empirical analysis of supplemental health insurance to date has focused on the US Medigap programme. It is found that those with supplements apparently consume more health care. Two reasons for higher health care consumption by those with supplements suggest themselves. One is the moral hazard effect: by eliminating copayments and deductibles, supplements reduce the marginal price of care and induce additional consumption. The other explanation is that supplements are purchased by those who anticipate high health expenditures - adverse effect. The main issue addressed has been the separation of the moral hazard effect from the adverse selection one. The general conclusion is that the evidence on adverse selection based on observable variables is mixed. This article investigates the extent to which private supplementary insurance affect use of health care services by public health insurance enrollees, using Korean administrative data and private supplements related data collected through all relevant private insurance companies. I applied a multivariate two-part model to analyze the effects of various types of supplements on the likelihood and level of public health insurance spending and estimated marginal effects of supplements. Separate models were estimated for inpatients and outpatients in public insurance spending. The first part of the model estimated the likelihood of positive spending using probit regression, and the second part estimated the log of spending for those with positive spending. Use of a detailed information of individuals' public health insurance from administration data and of private insurance status from insurance companies made it possible to control for health status, the types of supplemental insurance owned by theses individuals, and other factors that explain spending variations across supplemental insurance categories in isolating the effects of supplemental insurance. Data from 2004 to 2006 were used, and this study found that private insurance increased the probability of a physician visit by less than 1 percent and a hospital admission by about 1 percent. However, supplemental insurance was not found to be associated with a bigger health care service utilization. Two-part models of health care utilization and expenditures showed that those without supplemental insurance had higher inpatient and outpatient expenditures than those with supplements, even after controlling for observable differences.

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Recent Progress in Air-Conditioning and Refrigeration Research: A Review of Papers Published in the Korean Journal of Air-Conditioning and Refrigeration Engineering in 2011 (설비공학 분야의 최근 연구 동향: 2011년 학회지 논문에 대한 종합적 고찰)

  • Han, Hwa-Taik;Lee, Dae-Young;Kim, Seo-Young;Choi, Jong-Min;Paik, Yong-Kyoo;Kim, Su-Min
    • Korean Journal of Air-Conditioning and Refrigeration Engineering
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    • v.24 no.6
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    • pp.521-537
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    • 2012
  • This article reviews the papers published in the Korean Journal of Air-Conditioning and Refrigeration Engineering during 2011. It is intended to understand the status of current research in the areas of heating, cooling, ventilation, sanitation, and indoor environments of buildings and plant facilities. Conclusions are as follows. (1) Research trends of thermal and fluid engineering have been surveyed as groups of fluid machinery and fluid flow, thermodynamic cycle, and new and renewable energy. Various topics were presented in the field of fluid machinery and fluid flow. Research issues mainly focused on the rankine cycle in the field of thermodynamic cycle. In the new and renewable energy area, researches were presented on geothermal energy, fuel cell, biogas, reformer, solar water heating system, and metane hydration. (2) Research works on heat transfer area have been reviewed in the categories of heat transfer characteristics, pool boiling and condensing heat transfer, nanofluids and industrial heat exchangers. Researches on heat transfer characteristics included heat transfer above liquid helium surface in a cryostat, methane hydrate formation, heat and mass transfer in a liquid desiccant dehumidifier, thermoelectric air-cooling system, heat transfer in multiple slot impinging jet, and heat transfer enhancement by protrusion-in-dimples. In the area of pool boiling and condensing heat transfer, researches on pool boiling of water in low-fin and turbo-B surfaces, pool boiling of R245a, convective boiling two-phase flow in trapezoidal microchannels, condensing of FC-72 on pin-finned surfaces, and natural circulation vertical evaporator were actively performed. In the area of nanofluids, thermal characteristics of heat pipes using water-based MWCNT nanofluids and the thermal conductivity and viscosity were measured. In the area of industrial heat exchangers, researches on fin-tube heat exchangers for waste gas heat recovery and Chevron type plate heat exchanger were implemented. (3) Refrigeration systems with alternative refrigerants such as $CO_2$, hydrocarbons, and mixed refrigerants were studied. Heating performance improvement of heat pump systems were tried applying supplementary components such as a refrigerant heater or a solar collector. The effects of frost growth were studied on the operation characteristic of refrigeration systems and the energy performance of various defrost methods were evaluated. The current situation of the domestic cold storage facilities was analyzed and the future demand was predicted. (4) In building mechanical system fields, a variety of studies were conducted to achieve effective consumption of heat and maximize efficiency of heat in buildings. Various researches were performed to maximize performance of mechanical devices and optimize the operation of HVAC systems. (5) In the fields of architectural environment and energy, diverse purposes of studies were conducted such as indoor environment, building energy, and renewable energy. In particular, renewable energy and building energy-related researches have mainly been studied as reflecting the global interests. In addition, various researches have been performed for reducing cooling load in a building using spot exhaust air, natural ventilation and energy efficiency systems.

A Study on the Construction Process of the Garden in 'Unbo's House' Focused on the Individual Relationship (인물관계로 본 '운보의 집' 정원의 조영과정)

  • Shin, Hyun-Sil
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.36 no.3
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    • pp.149-159
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    • 2018
  • The study is aimed at establishing basic data to identify the original forms of the garden in Unbo's House. Through interviews and related data comparison analysis the ideas and major events of the person involved in establishing a garden in Unbo's House. Also, derived the direct and indirect effects of these people on gardening. The results are as follows: First, Those directly related to garden in Unbo's House are representative figures of cultural heritage and traditional art in Korea. Based on their expertise and abundant experience in traditional spaces, they contributed greatly to the creation of Unbo's House as a traditional space. Unbo Kim, Gi-Chang who directly influenced Unbo's House gardening, which affected the site selection, location, and the installation of major garden plant plants and traditional landscaping facilities. Hyegok Choi, Soon-Woo recommended Wabon Kim, Dong-Hyun at the request of Kim Ki-Chang and was involved in the overall plan. Housing design, space design and design of major facilities such as pond were confirmed Wabon Kim Dong-Hyun. Second, Kim, Gi-Chang's wife Jeong, Rae-Hyun, who motived to construct a garden. Nosan Lee, Eun-Sang and Korean artist Lee, Seok-Ho were created a signboard and board of the Pillar to encourage simple life in paintings. The themes of the article motived image as creative. In addition, Kim, Hyeong-Sik and Kim, Wan who son of Unbo, has been with Unbo for a long time, watching and influencing garden changes in Unbo's House. Third, The main factors that influenced the garden by character are as follows. Unbo Kim, Ki-Chang had a thorough record-setting spirit and his longing for his mother and wife affected the selection of the site and setting the direction of the garden. His art world with the symbolic emphasis of traditional landscapes, including traditional facilities, and especially plant materials. Choi, Sun-Woo reflected his traditional consciousness and experience in the construction of Unbo's House. Kim, Dong-Hyun applied the basic framework of a traditional building based on Yeonkyongdang hall in Changdeokgung palace. He also reflected on the traditional landscaping design the facilities of ponds acquired through excavation of Donggung Palace and Wolji Pond, Gyeongju. Nosan Lee, Eun-Sang and Lee, Seok-Ho completed their unique place in Unbo's House. Kim, Hyung-Sik was involved in the process of changing, while Kim Wan ran the Unbo's House which he inherited from Kim, Ki-Chang.

Knowledge Management Strategy of a Franchise Business : The Case of a Paris Baguette Bakery (프랜차이즈 기업의 지식경영 전략 : 파리바게뜨 사례를 중심으로)

  • Cho, Joon-Sang;Kim, Bo-Yong
    • Journal of Distribution Science
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    • v.10 no.6
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    • pp.39-53
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    • 2012
  • It is widely known that knowledge management plays a facilitating role that contributes to upgrading organizational performance. Knowledge management systems (KMS), especially, support the knowledge management process including the sharing, creating, and using of knowledge within a company, and maximize the value of knowledge resources within an organization. Despite this widely held belief, there are few studies that describe how companies actually develop, share, and practice their knowledge. Companies in the domestic small franchise sector, which are in the early stages in terms of knowledge management, need to improve their KMS to manage their franchisees effectively. From this perspective, this study uses a qualitative approach to explore the actual process of knowledge management implementation. This article presents a case study of PB (Paris Baguette) company, which is the first to build a KMS in the franchise industry. The study was able to confirm the following facts through the analysis of target companies. First, the chief executive's support is a critical success factor and this support can increase the participation of organization members. Second, it is important to build a process and culture that actively creates and leverages information in knowledge management activities. The organizational learning culture should be one where the creation, learning, and sharing of new knowledge is developed continuously. Third, a horizontal network organization is needed in order to make relationships within the organization more close-knit. Fourth, in order to connect the diverse processes such as knowledge acquisition, storage, and utilization of knowledge management activities, information technology (IT) capabilities are essential. Indeed, IT can be a powerful tool for improving the quality of work and maximizing the spread and use of knowledge. However, during the construction of an intranet based KMS, research is required to ensure that the most efficient system is implemented. Finally, proper evaluation and compensation are important success factors. In order to develop knowledge workers, an appropriate program of promotion and compensation should be established. Also, building members' confidence in the benefits of knowledge management should be an ongoing activity. The company developed its original KMS to achieve a flexible and proactive organization, and a new KMS to improve organizational and personal capabilities. The PB case shows that there are differences between participants perceptions and actual performance in managing knowledge; that knowledge management is not a matter of formality but a paradigm that assures the sharing of knowledge; and that IT boosts communication skills, thus creating a mutual relationship to enhance the flow of knowledge and information between people. Knowledge management for building organizational capabilities can be successful when considering its focus and ways to increase its acceptance. This study suggests guidelines for major factors that corporate executives of domestic franchises should consider to improve knowledge management and the higher operating activities that can be used.

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Corona Blue and Leisure Activities : Focusing on Korean Case (코로나 블루와 여가 활동 : 한국 사례를 중심으로)

  • Sa, Hye Ji;Lee, Won Sang;Lee, Bong Gyou
    • Journal of Internet Computing and Services
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    • v.22 no.2
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    • pp.109-121
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    • 2021
  • As the global COVID-19 pandemic is prolonged, the Corona Blue phenomenon, combined with COVID-19 and blue, is intensifying. The purpose of this study is to analyze the current trend of Corona Blue in consideration of the possibility of increasing mental illness and the need for countermeasures, especially after COVID-19. This study tried to find out the relationship between stress and leisure activities before and after COVID-19 by using Corona Blue news article analysis through the topic modeling method, and questionnaire find out the help of stress and leisure activities. This study was compared and analyzed using two research methods. First, a total of 363 news articles were analyzed through topic modeling based on newspaper articles from January 2020, when COVID- 19 was upgraded to the "border" stage, until September, where the social distancing stage was strengthened to stage 2.5 in Korea. As a result of the study, a total of 28 topics were extracted, and similar topics were grouped into 7 groups: mental-demic, generational spread, causes of depression acceleration, increased fatigue, attitude to coping with long-term wars, changes in consumption, and efforts to overcome depression. Second, the SPSS statistical program was used to analyze the level of stress change according to leisure activities before/after COVID-19 and the main help according to leisure activities. As a result of the study, it was confirmed that the average difference in stress reduction according to participation in leisure activities before COVID-19 was larger than after COVID-19. Also, leisure activities were found to be effective in stress relief even after COVID-19. In addition, if the main help from leisure activities before COVID-19 was the meaning of relaxation and recharging through physical and social activities. After COVID-19, psychological roles such as mood swings through nature, outdoor activities, or intellectual activities were found to play a large part. As such, in this study, it was confirmed that understanding the current status of Corona Blue and coping with leisure in extreme stress situations has a positive effect. It is expected that this research can serve as a basis for preparing realistic and desirable leisure policies and countermeasures to overcome Corona Blue.

A Study of Chinese Translation and Reader Reception of the Modern Korean Novel, Focusing on the Last 5 Years (한국현대소설의 중국어번역현황 및 독자수용양상 고찰 - 최근 5년간을 중심으로)

  • Choi, Eun-Jeong
    • Cross-Cultural Studies
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    • v.43
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    • pp.429-457
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    • 2016
  • This article is an analysis of the status of the modern Korean novels translated into Chinese over the past five years and how they are perceived by readers. Translation of modern Korean novels over the past five years has a few important characteristics as the following. The first characteristic is diversity. Books written by the most representative modern Korean writers, like Lee Gwang-soo, Kim Yu-jung, Kim Dong-ri, and books of the authors with very unique ideas, such as Park Kyung-ri, Lee Mun-yeol, Shin Kyung-suk, Gong Ji-young, Kim Young-ha, Park Min-kyu, Cheon Myung-gwan, and Kim Ae-ran have been translated and introduced to the Chinese population. Secondly, there are active translation of the books written by female writers. Lastly, without the support of the Literature Translation Institute of Korea or the Daesan Foundation, the number of works translated and published is slowly increasing. As a result of the increasing number of translations, the quality of translation is improving. However, interest on the part of Chinese readers in the modern Korean novel is not very high. But, the works of authors like Kim Young-ha, Cheon Myung-gwan, Kim Ae-ran, and Park Min-kyu, who began their literary careers after the mid-90s, are drawing relatively more attention. The common features of such works are the novelty of the narrative methods, attachment to reality, and readability. The interest shown by Chinese readers is significant in explaining the two following factors. First, it is true that many modern Korean novels are available in China, but only those that have been read will continue to be read. Second, the indifference of Chinese readers to modern Korean novels is because they are not yet aware of the existence of such works. It is important to train professional translators who can properly translate literature and also to focus on introducing the differences in modern Korean novels through canonical translation. To achieve this aim, not only supportive policies, but also cooperation between researchers in the field of modern Korean literature, translators, and publishers is essential.