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The Study of Effectiveness of MERS on the Law and Remaining Task (국내 메르스(MERS) 사태가 남긴 과제와 법률에 미친 영향에 대한 소고(小考))

  • Yoon, Jong Tae
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.263-291
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    • 2015
  • In May, 2015, a 68 years old man, who has been Middle East Saudi Arabia and the United Arab Emirates, had high fever, muscle aches, cough and shortness of breath. he went two local hospital near his house and the S Medical Center emergency center. He was diagnosed MERS(Middle East respiratory syndrome) and the diseases had put South Korea the fear of epidemics for three months. Especially, this disease has firstly reported in Middle East Asia in September 2012 and spreaded to twenty-six countries. In 21, July, 2015, European Center for disease prevention and control reported 533 people were died and in South Korea, 186 people were infected, 36 people were died and 16,693 people were isolated from MERS. South Korea government were faced into epidemic control and blamed from public. Especially, hospital acquired infection, disease control chain, opening of information, ventilation, lack of isolation bed, the problem of function of local health center, the issue of reparation for hospital and insurance cover rate, the classification of disease, the role of Korea Centers for disease control and prevention, the culture of visiting hospital to see sick people, the issue of hospital multiple room and other related social support policy. it is time to study and discuss to solve these problems. South Korea citizens felt fear and fright from MERS. What is wore, they thought the dieses were out of their government control. It was unusual case for word except Middle East Asia. numerous tourists canceled visiting korea. South korea economic were severly damaged especially, tourism industry. South korea government should admit that they had failed initial action against MERS and take full reasonability from any damages. The government have to open information to public in terms of epidemic diseases and try to prevent any other epidemic diseases and try to work with local governments.

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The Implementation and limits of Involuntary Detention of the Tuberculosis Prevention Act (결핵예방법의 격리명령의 실행과 한계에 관하여)

  • Kim, Jang Han
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.55-84
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    • 2015
  • The tuberculosis is the infectious disease. Generally, the active tuberculosis patient can infect the 10 persons for one year within the daily activities like casual conversation and singing together. The infectivity of tuberculosis can continue for a life time, and infected persons can remain at risk for developing active tuberculosis. To control this contagious disease, along with the active tuberculosis patients, non-infectious but non-compliant patients who can be infectious if their immune systems become impaired have to be managed. To control the non-complaint patients, medical treatment order should be combined with the public order. Because tuberculosis is the risk of community health, the human rights like liberty and freedom of movement can be restricted for public welfare under the article 37(2) of constitution. Even when such restriction is imposed, no essential aspect of the freedom or right shall be violated. The degree of restriction on the rights of citizens is different what methods are chosen to non-complaint patients. For example, under the directly observed therapy program, the patients and medical staffs make an appointment and meet to confirm the drug intakes according to the schedule, which is the medical treatment combined with the mildest public order. If the patients break the appointments or have the history of disobedient, the involuntary detention can obtain the legitimate cause. The Tuberculosis Prevention Act has the two step programs on this involuntary detention, The admission order (Article 15) is issued when the patients are infectious. The quarantine order (Artle 15-2) is issued when the patients are infectious and non-complaint. The legal criteria for involuntary detention are discussed and published through the international conventions and covenants. For example, World Health Organization had made guidance on human rights and involuntary detention for tuberculosis control. The restrictions should be carried out in accordance with the our law and in the legitimate objective of public interest. And the restriction should be based on scientific evidence and not imposed in an unreasonable or discriminatory manner. We define and adopt these international criteria under our constitution and legal system. Least restrictive alternative principle, proportionality principle and the individual evaluation methods are explained through the reviews of United States court decisions. Habeas Corpus Act is reviewed and adopted as the procedural due process to protect the patient rights as a citizen. Along with that, what conditions and facilities which are needed to performed quarantine order are discussed.

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A Study on Cold Damage(傷寒) in the Compendium of Prescription from the Countryside(鄕藥集成方) - Focusing on citation, medical theory, prescription, medicinal herbs - (조선 의서 『향약집성방』 중에 실린 상한(傷寒) 논의 연구 - 인용 문헌, 의론(醫論), 처방, 본초 등을 중심으로 -)

  • Oh, Chae-Kun
    • The Journal of Korean Medical History
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    • v.25 no.2
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    • pp.121-136
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    • 2012
  • The purpose of this paper is to derive the features of cold damage clinical medicine during the early days of the Chosun(朝鮮) period by analyzing discussions on cold damage published in the official medical book of the Chosun period, Compendium of Prescription from the Countryside(鄕藥集成方, CPC). Cold damage was one of the typical diseases in East Asia where there was constant seeking of the utilization of prescriptions, ways of preparations, and awareness regarding cold damage as shown in Zhang, Zhongjing(張仲景)'s Treatise on Cold Damage Disease(傷寒論, TCDD) below. Traditional Korean medicine which possessed the medical universality of East Asia also was no exception and through an analysis of the part on cold damage in CPC, it is expected that medical features of cold damage in Korea passed down from the Koryo(高麗) Dynasty to the early Chosun period will be revealed. For this, first there needs to be an organization of past discussions on cold damage surrounding the existence of infection and after checking the issues, exploring which of the writings related to TCDD and editions are being utilized through an analysis on citing literature of Cold Damage Disease Literature(傷寒門) and Heat Pathogen Disease Literature(熱病門) which have developed discussions on cold damage in CPC. In addition, by comparing Peaceful Holy Benevolent Prescription(太平聖惠方, PHBP) and Complete Record of Sacred Benevolence(聖濟總錄, CRSB), known to have greatly influenced CPC and Cold Damage Literature and Heat Pathogen Disease Literature, features of form and content used by CPC were analyzed. Features of form were examined through pattern of organization and number of citing literature were examined and for features of content, cold damage infection, classification, syndrome differentiation method, and utilization of materia medica among prescriptions were examined. Discussions on cold damage as being uninfectious as stated in Treatise on the Pathogenesis and Manifestations of All Diseases(諸病源候論) unlike pestilence, epidemic pathogen(時氣), warm pathogen disease(溫病), and heat pathogen disease were excluded in PHBP. PHBP opened the possibility of cold damage infection and later writings, CRSB and CPC also follow this. As a result of analyzing citing literature of the part on cold damage in CPC, it is uncertain which edition of TCDD is being utilized; however, the most distinctive feature was that Classified Emergency Materia Medica(證類本草) and not writings specializing in cold damage are in use. In general, although CPC in terms of form is similar to CRSB, content creation predominantly depended on PHBP. More specifically; first, in terms of the existence of cold damage infection, arguments of PHBP and CRSB are maintained. Second, in terms of cold damage classification, although CRSB is followed, heat pathogen disease is classified separately developing PHBP as is. Third, in terms of method, as Book of Keep Healthy(南陽活人書) and CRSB compiled in later times are cited, it is deemed that arguments were raised to a certain extent regarding six-meridian syndrome differentiation(六經辨證). Fourth, although the majority of utilized materia medica among cold damage prescriptions utilize Materia Medica from the Countryside(鄕藥本草) in CPC and materia medica from Korean Peninsula, this is due to the desire for the compilation performance of CPC to be propagated to ordinary citizens and not the ruling class. CPC as the official medical book compiled in the early days of the Chosun period was greatly influenced by the Song(宋) Dynasty's medical books, PHBP and CRSB shows that cold damage medicine in the early Chosun Period indeed possesses the medical universality of East Asia. Furthermore, the features of published medical theory and prescriptions reveal the existence of the cold damage medical tradition of the Chosun period serving as clues for cold damage research tradition among Korea's medical history.

A Time Sequential Research on Changes in Jangchungdan Park during the Period of Japanese Colonial Rule (일제강점기 장충단공원 변화에 관한 시계열적 연구)

  • Kim, Hai-Gyoung;Choui, Hyun-Im
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.31 no.4
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    • pp.95-112
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    • 2013
  • Jangchungdan Park is now perceived as a mere park at the foot of Namsan mountain, but originally it was created to commemorate soldiers of Korean Empire on a site which name was Namsoyeong(南小營) during Joseon Dynasty. During the period of Japanese colonial rule, it was transformed into a park due to the rapidly changing circumstances, so the components expressing the validity of the colonial rule were introduced into the park. This paper examines the time sequential changes of Jangchungdan Park during the period of Japanese colonial rule, and the conclusions can be summarized as given below. Firstly, the park originally was a space to commemorate the soldiers who fought for the Korean Empire. It was built on formerly restricted area at the foot of Namsan Mountain in 1900, and it was arranged putting the ceremonial shrine Dansa (壇祠) as a central building and the annexes in the surroundings of it. The memorial ceremonies were held regularly in spring and autumn until 1909. Secondly, it became a city park for citizens of Gyeongseong-bu(the name of Seoul under the Japanese colonial rule). The authorities of Gyeongseong-bu reorganized Jangchungdan as a park in 1919, prohibited the performance of memorial ceremonies, and the existing buildings except the ceremonial shrine Dansa began to be used as park management facilities. Resting areas and amenities were supplemented for the usage of people from various backgrounds, and the large scale planting of cherry trees made the park a famous place to enjoy cherry-blossoms and other flowers in spring. Thirdly, it was reconstructed as a space to honor the influential personalities of Japanese colonial system. In 1932, Bankmun temple (博文寺) to commemorate Ito Hirobumi was constructed at a location that made it possible for a number of people to overlook Jangchungdan area. During that time, the buildings of traditional Joseon architecture were removed and reconstructed to serve as annexes to Bankmun temple. Due to the strategy to make Jangchungdan park a tourist attraction, Bankmun temple was included into the Gyeongseong sightseeing course, since the wide panorama of Jangchungdan Park and the whole city of Gyeongseong was opening from the temple. Various different components were introduced into Jangchungdan Park due to the rapidly changing circumstances; therefore the nature of the park was either altered or reproduced. Hopefully, the park rearrangement works will be executed paying respects to the memories of the past hereafter.

A Study on Art's Public Features and Social Intervention by Keith Haring (미술의 공공성과 키스 해링(Keith Haring)의 사회적 개입에 관한 연구)

  • Kim, Jee-Young
    • The Journal of Art Theory & Practice
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    • no.8
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    • pp.59-87
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    • 2009
  • This thesis started from the attempt to make it clear that 80's American artist Keith Haring(1958-1990) had conducted social intervention of criticism, resistance, and participation through his works, and so pursued public value. Haring of graffiti fame left popular and familiar cartoon style pictures on the street wall, the billboards, the posters and so on. Popular and playful works was explained as his unique characteristics, but Haring's creative way at the field has more value than just being grasped as artist's personal characteristics. Haring's work pieces became everyday art by joining with people's life, and are working as a social speaking place. So I think that these Haring's art works possess characteristics of 'the public sphere'. 'The Public Sphere' means that is independent and free from the government or partisan economic forces, so that is not connected with the interested relations, and that is the sphere of rational argumentation without 'disguise' or 'fabrication', and that is the sphere where general public can participate in and is inspected by them. The public sphere between the sphere of public authority such a nation and a market and the private sphere of free individual, it is mutually connected with them and works as the space forming public opinion. Private individuals communicate with this public sphere and perform a role of direct and indirect check, balance, and social criticism way off from power. Openness that should include the voice of not only leading power but also the socially weak such as citizens, women, homosexuals, minority races, and so on, and alienated class, is an index of the public characteristics. The public sphere is not working just with speech and mass media. Many artists as well as Haring open their mouth and act through an art at the center of society, and create another public sphere by an art. I understood that the real participatory and practical characteristics on the Haring's work is a phenomenon and current of a part of the art world including Haring. Such current started from 1960s is the in-depth effort to be connected with the life more closely, to communicate with people, and to improve problems of life. And it has pursued public value on the different way from the nation or public power. Artists have intervened in the society with strategic and positive ways in order to raise pushed-out value and sinked rights as the public agenda, and labored to accept the value of variety and difference at the society. The aspect of such social intervention is the notable features, findable on the Haring's works and process. Haring's works include art historical meanings and are expressed with familiar and plastic language, so they were able to communicate with various classes. And he secured various customers at the field and the street. This communicative and public approach factor raised the possibility much for his works to work as the public sphere. Haring presented critical and resistant speech toward society with his works based on this factor. He asserted his position and justice of gender identity as a sexual minority. And his such work continued to movement for alienated class and social week over his own rights. His speech and message on the wall painting, poster, T-shirts, billboard of the subway, and so on worked as a spectacle and pressed concern with social issues and consciousness shift. And he's been trying to protect and care people who is injured by HIV and drug and to realize social justice through social week protection. Haring's works planned to meet many people as much as possible performed its role of intervening in society through criticism, resistance, speech, and participation, and controlling and checking social issues. These things considered, Haring's works show his consciousness about public attributes of art, and obviously include public value seeking. And also we can find the meaning of such his work as that an art is working as the public sphere and shows the possibility to discuss and practice public issues.

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Effect of High Calcium Diet on the Zinc and Copper Balance in Korean Female Adolescents (청소년기 여자에서 고칼슘 섭취가 아연과 구리 평형에 미치는 영향)

  • 최보영;남혜경;황용주;김선희
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.30 no.5
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    • pp.894-899
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    • 2001
  • Intakes and excretions of zinc and copper were determined for 8 female adolescents (aged 16.4$\pm$0.5 y; body mass index 20.4$\pm$1.3kg/$m^2$; body fat 33.3$\pm$2.5%; bone mineral density of lumbar spine in L2-L4; 0.96$\pm$0.08g/$\textrm{cm}^2$) when they consumed diets basal and high in calcium for 6 days each. All subjects consumed a basal Ca diet containing 800 mg, Korean RDA level of the subjects, and a high Ca diet containing 1200mg, RDA plus 2 SDs of calcium intake. The diets provided 58% of energy intake as carbohydrate, 25% as fat, and 17% as protein. Food, urine and fecal samples were collected during the last 3 days of each feeding period and were assayed. Mean daily intakes on the basal and high calcium diets, respectively, were 6.57 and 6.37 mg for zinc and 910 and 812 $\mu\textrm{g}$for copper. Fecal excretion of copper and zinc in relation to intake was significantly greater on the high calcium than on the basal calcium diet. Hence, apparent absorption rate was significantly lowered from 98.7% on the basal calcium diet to 97.9% on the high calcium diet for zinc from 66.3% to 56.4% for copper, respectively. Urinary loss of copper was not detectable but that of zinc was 0.38mg on the basal diet and 0.47mg on the high calcium diet. Copper retention was 899$\pm$105$\mu\textrm{g}$/day on the basal calcium diet and 792$\pm$20.8$\mu\textrm{g}$/day on the high calcium diet, and zinc retention was 3.95$\pm$0.91mg/day and 3.11$\pm$0.89mg/day. Thus, copper and zinc retention was significantly decreased on the high calcium diet (p<0.05). Summarizing the results, apparent absorption and retention of zinc and copper were significantly decreased by calcium supplementation. Therefore, it is suggested that interactions among minerals should be considered in determining RDA.

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The Effect of Kimchi Pill Supplementation on Plasma Lipid Concentration in healthy people (김치 보충제가 건강한 성인의 혈중 지질농도에 미치는 여향)

  • 최선혜;김현주;권명자;백영호;송영옥
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.30 no.5
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    • pp.913-920
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    • 2001
  • The effect of kimchi pill supplementation on plasma lipid concentration of middle aged healthy people were studied. Freeze-dried mustard leaf added (30%) Korean cabbage kimchi and powdered glutinous parch were used to prepare kimchi and placebo pill, respectively. Experimental group if six participants took 3 g of freeze-dried kimchi as a pill daily for 6 weeks which is equivalent to 30 g of fresh kimchi and control group of six people took same amount of placebo. The diet intakes for the kimchi and placebo group fairly remained unchanged during 6 weeks of trial. When the effect of kimchi pill supplementation was expressed as average percentage changes based on each individual changes, the plasma triglyceride concentration of kimchi pill group was sig-nificantly decreased by 16.8% during trial (p<0.05)while that of placebo group increased by 9.8%, But no changes in plasma and LDL cholesterol concentrations of both groups were observed. HDL cholesterol of kimchi pill group significantly increased by 11.7%(p<0.05), therefore the ratio LDL/HDL cholesterol was significantly decreased by 6.7%(p<0.05) while that for the placebo group increased. The atherogenic index at the kimchi group was also significantly decreased by 10.8%(p<0.05). Kimchi supplementation seemed to have beneficial effects on controlling plasma triglyceride and HDL cholesterol in middle aged men.

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A Study on the Resettlement Policy for the Hwajeon-Farmers of Illegal Reclamation in Gangweon-do (강원도(江原道) 화전정리사업(火田整理事業)에 대(對)한 소고(小考))

  • Kim, Tong Soo
    • Journal of Korean Society of Forest Science
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    • v.22 no.1
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    • pp.7-17
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    • 1974
  • Eighty percent of Gangweon-Do area is mountain forests, and of all others this province has the largest number of "Hwajeon-farmers" (who illegally reclaim the mountain forests to do farming as long as the soil is fertile enough to yield profit, but when it fails, move to other places to repeat the same forest burning, causing tremendous forest damages). In 1965 a 7-year plan was mapped out to exterminate this gipsy-farmers only to be suspended in 1969 to give way to the stronger urge from the national security view-point to first displace those isolated farmers set in deep mountains. In the meantime an increased number of the Hwajeon-farmers burned the forests, working new havoc. To cope with the situation, the provincial government lounched another 4-year plan in 1973 and has been enforcing the resettlement policy with renewed enthusiasm. Whether the plan will succeed depends entirely on the authority involved can solve the problems listed below with regard to the Hwajeon-farmers who are to lose their only means of survival and move down to the low-lands: 1) Their living must be taken care of until they can have definite means of self-supporting. 2) They must be provided with the opportunity to work in connection with the government-sponsored labor programs. 3) Not only the public organizations but also the private firms must give them the priority to get work. 4) The rural revitalization movement must expand the self-help reconstruction projects to absorb their labor powers. 5) The Hwajeon-farmers themselves must have the spirit of self-help and self-supporting. 6) All the citizens in the province must receive and protect them with brethren love. 7) The function of the watch-posts against the Hwajeon-farmers must be strengthened again.

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Some Instances of Manchurian Naturalization and Settlement in Choson Dynasty (향화인의 조선 정착 사례 연구 - 여진 향화인을 중심으로 -)

  • Won, Chang-Ae
    • (The)Study of the Eastern Classic
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    • no.37
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    • pp.33-61
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    • 2009
  • In the late Koryo period, until 14th century, there had been at least two groups of Manchurians who were conferred citizenships; one group was living as an original inhabitant in the coastal area of north­eastern part of Korean peninsular, long time ago, and they were over one thousand households. The other was coming down from inland, eastern part of Yoha River, to the area of Tuman River to settle down and they were at least around one hundred and sixty households, including such tribes as Al-tha-ry, Ol-lyang-hap, Ol-jok-hap and others. They were treated courteously, from the early days of Choson dynasty, with governmental policies in an economic, political, and social ways. They were given, for instance, a house, a land, household furniture, and clothes. They were allowed to get marry with a native Korean to settle down. They were educated how to cultivate their lands. It was also possible for them to be given an official position politically or allowed to take a National Civil Official Examination. The fact they could take such an Examination, in particular, means they were treated fairly and equally, because they also had a privilege to improve their social positions through the formal system as much as common people. Two typical families were scrutinized, in this paper, family Chong-hae Lee and family Chon-ju Ju. All of them were successful to settle down with different backgrounds each other. The former were from a headman, Lee Jee-ran, who controlled his tribe, over five hundred households. He was given three titles of a meritorious retainer at the founding of Chosun dynasty, at the retrieval of armies, and an enshrined retainer. His son, Lee Wha-yong, was also given a vassal of merit who kept a close tie successfully with the king's family through a marriage. Upon the foundation of their ancestors, their grandsons, family Lee Hyo-yang and family Lee Hyo-gang, each, had taken solid root as an aristocratic Yang-ban class. The former became a high officer family, generation by generation, while the latter changed into a civil official family through Civil Official Examinations. They lived mainly around Seoul, Kyong-gi Province and some lived in their original places, Ham-kyong Province. Chu-man, the first ancestor, was given a meritorious retainer at the founding of the dynasty and Chu-in was also given a high officer position from the government. They kept living at the original place, Ham-heung, Ham-kyong Province, and then became an outstanding local family there. They began to pass the Civil Official Examinations. After 17th century on the passers were 17 in Civil Official Examinations and 40 were passed in lower civil examinations. The positions in government they attained usually were remonstrance which position was prohibited particularly to North­Western people at that time. The Chosun dynasty was open to Machurians widely through the system of envoy, convoy, and naturalization. It was intended to build up an enclosure policy through a friendly diplomatic relation with them against any possible invasion from outside. This is one reason why they were supported fully that much in a various way.

A Definition of an Employee under the Trade Union Act in Japan (일본 노동조합법상의 근로자 개념 - 최고재판소 판례법리를 중심으로 -)

  • Song, Kang-Jik
    • Journal of Legislation Research
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    • no.41
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    • pp.337-366
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    • 2011
  • In this article, I intend to analyze the definition of an employee under the Trade Union Act in Japan. Recently, the Supreme Court of Japan held that not only opera singer but also customer engineer is an employee under the Act. Conclusions are as follows:First, it is noteworthy that the Supreme Court reaffirmed the principle of all circumstances established by CBC case. The case focused on deciding that who is an employee under the Act. Notwithstanding this holding of the Supreme Court, district courts and courts of appeals, in deciding this kind of question, have emphasized especially on the side of a legal right and obligation on a contract between an employer and a potential employee. Therefore an independent contractor has not been generally recognized as an employee under the Act. However, even though he or she was, as an independent contractor in name, offering its work to his or her putative employer, the Supreme Court applied the principle of all circumstances to both cases and held in favor on the workers on April, in 2011. Second, the Supreme Court failed to make a general legal principle for deciding that who is an employee under the Act. According to the above holdings of the Supreme Court, nobody can anticipate wether he or she is an employee or not in a concrete case. Finally, the Supreme Court did not also make its opinion clearly about the relations between an employee of the Section 3 of the Act and an employee whom an employer employs under the Section 7(2) of the Act. In conclusion, it can be said that the Supreme Court has narrowly and strictly interpreted an employee of the Section 3. That is to say, only where an employee is recognized as an employee of the Section 7(2), the employee will be also an employee of the Section 3. In Japan, however, the majority interprets that an employee by the Section 3 should be distinguished from the employee whom an employer employs by the Section 7(2). Consequently, according to the majority opinions, unemployed persons, students and citizens will be also included in the definition of an employee by the Section 3.