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A Study on Differentiation and Improvement in Arbitration Systems in Construction Disputes (건설분쟁 중재제도의 차별화 및 개선방안에 관한 연구)

  • Lee, Sun-Jae
    • Journal of Arbitration Studies
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    • v.29 no.2
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    • pp.239-282
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    • 2019
  • The importance of ADR(Alternative Dispute Resolution), which has the advantage of expertise, speed and neutrality due to the increase of arbitration cases due to domestic and foreign construction disputes, has emerged. Therefore, in order for the nation's arbitration system and the arbitration Organization to jump into the ranks of advanced international mediators, it is necessary to research the characteristics and advantages of these arbitration Organization through a study of prior domestic and foreign research and operation of international arbitration Organization. As a problem, First, education for the efficient promotion of arbitrators (compulsory education, maintenance education, specialized education, seminars, etc.). second, The effectiveness of arbitration in resolving construction disputes (hearing methods, composition of the tribunal, and speed). third, The issue of flexibility and diversity of arbitration solutions (the real problem of methodologies such as mediation and arbitration) needs to be drawn on the Arbitration laws and practical problems, such as laws, rules and guidelines. Therefore, Identify the problems presented in the preceding literature and diagnosis of the defects and problems of the KCAB by drawing features and benefits from the arbitration system operated by the international arbitration Institution. As an improvement, the results of an empirical analysis are derived for "arbitrator" simultaneously through a recognition survey. As a method of improvement, First, as an optimal combination of arbitration hearing and judgment in the settlement of construction disputes,(to improve speed). (1) A plan to improve the composition of the audit department according to the complexity, specificity, and magnification of the arbitration cases - (1)Methods to cope with the increased role of the non-lawyer(Specialist, technical expert). (2)Securing technical mediators for each specialized expert according to the large and special corporation arbitration cases. (2) Improving the method of writing by area of the arbitration guidelines, second, Introduction of the intensive hearing system for psychological efficiency and the institutional improvement plan (1) Problems of optimizing the arbitration decision hearing procedure and resolution of arbitration, and (2) Problems of the management of technical arbitrators of arbitration tribunals. (1)A plan to expand hearing work of technical arbitrator(Review on the introduction of the Assistant System as a member of the arbitration tribunals). (2)Improved use of alternative appraisers by tribunals(cost analysis and utilization of the specialized institution for calculating construction costs), Direct management of technical arbitrators : A Study on the Improvement of the Assessment Reliability of the Appraisal and the Appraisal Period. third, Improvement of expert committee system and new method, (1) Creating a non-executive technical committee : Special technology affairs, etc.(Major, supports pre-qualification of special events and coordinating work between parties). (2) Expanding the standing committee.(Added expert technicians : important, special, large affairs / pre-consultations, pre-coordination and mediation-arbitration). This has been shown to be an improvement. In addition, institutional differentiation to enhance the flexibility and diversity of arbitration. In addition, as an institutional differentiation to enhance the flexibility and diversity of arbitration, First, The options for "Med-Arb", "Arb-Med" and "Arb-Med-Arb" are selected. second, By revising the Agreement Act [Article 28, 2 (Agreement on Dispute Resolution)], which is to be amended by the National Parties, the revision of the arbitration settlement clause under the Act, to expand the method to resolve arbitration. third, 2017.6.28. Measures to strengthen the status role and activities of expert technical arbitrators under enforcement, such as the Act on Promotion of Interestments Industry and the Information of Enforcement Decree. Fourth, a measure to increase the role of expert technical Arbitrators by enacting laws on the promotion of the arbitration industry is needed. Especially, the establishment of the Act on Promotion of Intermediation Industry should be established as an international arbitration agency for the arbitration system. Therefore, it proposes a study of improvement and differentiation measures in the details and a policy, legal and institutional improvement and legislation.

Research on Cognition of Infection Control by Dental Hygienics Student's in some Areas (일부 지역 치위생학과 학생들의 감염방지에 관한 인식 조사)

  • Moon, Seon-Jeong;Ku, In-Young
    • The Journal of the Korea Contents Association
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    • v.12 no.12
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    • pp.313-320
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    • 2012
  • A dental treatment room is always exposed to diverse kinds of pathogenic bacteria, and may be a mediating place of cross-infection given being contaminated the interior of a room through several routes in the form of patient's secretion and aerosol. The main agent of preventing cross-infection is a dental hygienist in the dental treatment and the dental treatment room where are scattered about a risk of cross-infection. A dental hygienist needs to have right recognition on infection control before being active as a clinical expert. This infection-control recognition level is influenced from the clinical practice. Accordingly, to survey recognition of infection control, a self-administered questionnaire research was conducted targeting 314 students who are fixed the clinical practice as regular subject in the junior course out of curriculum for the Department of Dental Hygiene at some of 4-year universities. Data collection was performed from December 9, 2011 to February 22, 2012. Except 11 copies of questionnaire with insincere response among the collected materials, 303 copies were finally analyzed by using SPSS WIN 20.0. The following conclusions were obtained. In the infection disease section, both on and off campus showed 4.89 points from 'the importance of recognizing the infections prevention', 4.65 points from 'recognizing the compulsory preventative injection for hepatitis type B', 4.77 points from 'recognizing the necessity of the preventative injection for hepatitis type B', 4.71 points from 'whether practice the prevention in reality or not', and 4.76 points from 'the educational helps to the prevention'. In other words, the section recorded the highest and meaningful points. It is considered to be needed the development in systematic and diverse infection-control educational programs and the differentiated education depending on school year for dental hygiene students.

Perception of Radiological Technologists on Enacting of the Radiological Technologist Act in Korea (방사선사법의 제정을 위한 인식조사)

  • Lim, Chang Seon;Jin, Gye Hwan
    • Journal of the Korean Society of Radiology
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    • v.12 no.2
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    • pp.245-252
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    • 2018
  • In this study, we investigated the differences in the perception of radiological technologists to identify the main contents to be reflected in the enacting of the radiological technologist act and the necessity of the radiological technologist act. In the results of perception surveys conducted on the subjects of radiological technologists about the enacting of the radiological technologist act, the priority over "Somewhat satisfied" is the enacting of the radiological technologist solo act (90.1%), and as for tasks of radiological technologists, there are legalization of contrast media injection (85.8%), legalization of medical radiation policy deliberative committee (85.8%), legalization of radiological technologist ethics committee (80.9%), legalization of Compulsory subscription (71.6%), etc. In the results of the perception survey for radiologists about the enactment of the radiological technologist act, the priority above "Neither satisfied nor dissatisfied" includes the enacting of the radiological technologist act (100%), legalization of medical radiation policy deliberative committee (97.1%), and legalization of radiological technologist ethics committee (95.1%), and as for the tasks of radiological technologists, there are legalization of "contrast media injection" (95.1%), and the necessity of Radiological Education and Evaluation (94.34), etc. The radiological technologist act is considered a top priority and there is a difference in importance according to the individual agenda. This can be used as a data to determine the logical basis and policy direction of the establishment of the radiological technologist act.

A Study on Wage System and Social Security for Precarious Workers: Focusing on the Award Wage of Construction Workers in Australia (불안정 노동자를 위한 임금 체계와 사회보장 사례 연구: 호주 건설 노동자의 어워드 임금 체계를 중심으로)

  • Lee, Gyunho;Lim, Woontaek
    • Korean Journal of Labor Studies
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    • v.24 no.3
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    • pp.109-142
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    • 2018
  • This paper aims to analyze the Award wage system in Australia for construction workers. Considering low wages and precarious employment situation of construction workers in general, it is of advantage especially for them in Australia. Furthermore, it seems to be instructive for Korean construction workers, who stand in more precarious and unstable situation and furthermore are lack of fair wage and social safety. After strong and longstanding labour struggle in the late 19th century in Australia, it has been established a tripartite institution called as 'tribunal' between trade unions, employers, and the government. Under the highly institutionalized form of industrial relations, it functions as an arbitration and conciliation system between labour and management. The Award wage system stands in the middle point. This Award wage system including various welfare provisions is settled by the tribunal, today renamed as Fair Work Commission. In this wage system should be defined level of minimum wages according to the various skill levels, which are in turn connected with compulsory superannuation and Medicare as well as vocational education and training. Furthermore, it provides especially for the construction workers, who suffer from job instability, so-called 'portable benefits', which relate to long service leave and redundancy pay. Considering general conditions of precarious construction workers in Korea, In that respect, the Australian Award wage system would be very instructive for our social wage and safety system for construction workers.

The assessment and political subject of Revised Security Industry Law (개정 경비업법의 평가와 정책과제)

  • Lee, Sang-Hun
    • Korean Security Journal
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    • no.36
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    • pp.349-386
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    • 2013
  • This research analyzes and evaluates The Korean Security Industry Law(TKSIL) putting the regulation of the present government about the private security industry. It nowadays becomes the important axis of the police services offered in the aspect of 'the national life safety' in connection with 'the materialization of society which is safe from the crime'. TKSIL is one of the national administration strategies which Park Gun-hye government aims on supervision policy. After seeking out the core values of the private security industrial policy which sets up in order to approach the national life safety which Park Gun-hye government aims, we make some assessments of this revised security industry law systematically. Particularly all keynote of policy about the private security of the police tried to be confirmed and the desirable direction of policy tries to be presented as to the security industry law application and real operation. In the site of organized civil complaint, the revised security industry law was revised as the direction which intensifies the administrative regulation as to the partial regulation such as it established the reason of the introduction of the arrangement license system. And grounds for disqualification of security instructor and guard, and rules of punishment is intensified order to intercept previously illegal and violent act of the security company etc. However it has the feature that it accomplishes 'the law principle(principle of statute)' the substantial portion through the effort of them changing a lot the content for the form of the law when being the clauses of the fundamental human rights limit, although it has been prescribed in "the security industry law enforcement ordinance" or "the security industry law enforced regulation". The security industry law revised this time brought from the change of the sharp policy through the revision of 17 clauses or new establishment. It can divide into 4 categorizes. (1) strictness of punishment in the site of organized civil complaint (2) Intensification of throwing out for the violation person in the private security business market time-limitedly (3) Intensification of the legal guide supervision power of police (4) upstream of the capital, name tag attachment under compulsion and the limit about other equipment use etc. Essentially "the security industry law" cannot help regulating the national interference of the private security and regulation with this content. However as to this interference and regulation, the limit has to be possible within reasonable range. As the history proved, excessive regulation by the country is not only due to bring the distortion of the security system of nation but also provoke national social cost. It can't be disregards ever that it premises the harmony which appropriate as well as reasonable in the socio-economic dimension for drawing the best combination that all things which get the compulsory education, it limits the person providing the private security service to the corporation, or it limits to the certificate of qualification holder are the ultimate for 'the safety of the national life'.

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A Study on Establishing the presidential Library through Elevating the Status of the Government Archives and Records Service (대통령기록관의 설립 및 정부기록보존소의 위상에 관한 연구)

  • Kim, Sung-Soo;Suh, Hye-Ran
    • Journal of Korean Society of Archives and Records Management
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    • v.2 no.1
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    • pp.41-66
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    • 2002
  • This paper examines urgent issues of establishing the presidential library in relation to the current standing of the Government Archives and Records Service. As government records have been tremendously accumulated every year, the Government Archives and Records Service will be full within three years, which indicates that the constructing of new storage repositories is an emergent issue. In addition, presidential records are one of the most significant and influential public properties for preserving historical value and interpretation at the national level. Some serious concerns relating to the presidential library are raised for consideration. First of all, it is compulsory to preserve presidential records and to construct the presidential library. Second, the presidential library performs a variety of functions including the acquisition, preservation, access, reference, research, education, and display of presidential records as well as exhibits of public activities and administration personally and in public during the president' regime. A new presidential library should function as both of a depository and museum of presidential records through systematic arrangement and display. Thus a new repository of the Government Archives and Records Service should be co-constructed with the presidential library within the same boundary. Third, a newly constructed presidential library should be at least double- or triple- sized more than estimated in order to contain all related holdings. Fourth, to take custody of public records across the legislature, judiciary and administration, the Government Archives and Records Service should be directed by an official at the level of vice-minister and upgraded to an independent office such as "National Archives and Records Administration." Fifth, the presidential library's location and surrounding environments should be selected with careful planning.

A Study of Unregistered Manufacturing Plants: Their Problems and Alternative Policies (首都圈 無登錄工場 問題와 對策에 관한 硏究)

  • Hwang, Man-Ik
    • Journal of the Korean Geographical Society
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    • v.31 no.3
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    • pp.489-507
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    • 1996
  • The purpose of this study is to examine the increasing number of unregistered manufacturing plants and related problems, and to recommend alternative solutions to the problems. Data are obtained from a field survey of randomly selected small scale manufacturing plants in Seoul and its suburban cities. A total number or respondents are 533, and 416 of them are unregistered plants. The Capital Regional Planning has had a goal during last three decades to lead a balanced regional economic development by restriction manufacturing plants in the Capital Region and by encouraging them in other regions in the nation. It was 1984 when a comprehensive planning was established to achieve this goal. Sets of various regulations, by-laws and codes have been implemented to regulate manu-facturing activities in the Capital Region to achieve the goal. The region is divided into three sub-regions, and a different degree of regulations is applied to each sub-region. Only a certain types of industries are allowed in a particular sub-region. For instance, a plant manufacturing high-technology products could be allowed in the most urbanized sub-region. All manu-facturing plant in the Capital Region which has ares size of larger than 200"\;"$m^2$ is compulsory to register to the local government office. In practice, however, it is not common or sometimes almost impossible to get approval for many applicant manufacturers because of strict regulations. There have been increasing number of plants in the Capital Region during last several decades, despite the strict regulations. Many of those newly established plants are without formal registration at the local administration office. howerver. These are so called 'unregisterd' plants. Surveyed data and many government official data show that many of unregistered plants have been established in recent years. which indicate that current regulations are no longer effective. The number of unregistered plants are increasing tin the Capital Region because of many locational advantages in the region for plants, particularly those in small scale. Unregistered plants are the source of many problems, such as local water pollution or noise pollution in residential areas. There are also many administration problems, bed\cause they are not registered. The central government has attempted to cure the problems of unregistered plants. For example, the government allowed a unregistered plant to remain at present site for three ydars, if it met certain conditions in three years. However, this program was unsuccessful because many of those plants were not able to meet the concitions. Three times the government renewed the term for those which did not meet conditions since 1989, but it was afraid to be without success. There are many evidences that current policies to control manufacturing plants are not effective. The Capital Region must face mounting problems if ploicies are not reformed soon. This study suggests that the policy of the Capital Regional Planning has to be reoriented to provide more favorable policies for manufacturing plants in the Capital Region than current regulations which is aimed to restrict manufacturing activities. It is time to improve many existing problems in the region through reforms and of current regulations to foster unregistered plants. This study also proposes many smaller-area sub-divisions instead of current three large area sub-regions which is too broad to apply single kind of regulation, or codes. Flexible regulations and codes can be applied to such a small-area sub-divivisions based on location and industrial characteristics of the individual sub-divisions. It is necessary to provide decent industrial environment in the Capital Region, which is best equipped to provide many favorable industrial locational factors in the nation, thus this nation can be further prepared to compete in an inter-national market at an era of globalization in manufacturing.

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Professionalism raising of the escort which leads an instance analysis (사례분석을 통한 경호 전문성 제고)

  • Yu, Hyung-Chang
    • Korean Security Journal
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    • no.18
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    • pp.73-99
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    • 2009
  • There are three assassination and treatening cases in this thesis introduced as analysis data. They are shooting accidents of the U.S.A's President Reagun (1981,3.30), and the President Park Jeong Hee of South Korea(1974.8.15), assassination of the Prime Minister Lavin of Israel (1995.11.4) In March 30, 1981, there was an accident where criminal, Hinckley, fired ball cartridges right before the President Reagan got into the car to move to White House after completing the announcement of Hilton Hotel of Washington. As a result, the chest of president was shot and public information secretary and safeguard were wounded. In August, 15, pm 10:23, where the 29th 8.15 independent anniversay event was being celebrated by the people at the National theater in Jangchungdong, Seoul, the criminal Moon Sekwang fired ball cartridges, he failed to assassinate the President Park Jeong Hee of Korea, but shot the First lady Yuk Young Soo. She was wounded right part of head and died. In November 4, Saturday, pm 22:00 the Prime Minster Lavin had finished the supporting event of Middle Asia's Peace project and was taking on the car when he was killed by the criminal Amir's shooting, The accidents left very important lesson from the aspect of security analysis and it has been frequently used as a material for the education and training of safeguard organization. In Korea, as well as Presidential Security Service, national security departments have selected it as an important model for the subjects such as 'Security Analysis, 'Security Practice' and 'Security Methodology'. In the performance of security duty, security skill is the most important matter. Moreover, it has a close relationship with politics, society and culture. The purpose of this study is to analyze and reevaluate the case, which has been treated as a usual model from the aspect of security analysis, beyond its introduction. Attempted assassination of President Reagan was evaluated as a positive success example because of its rapid response of adjacent guards to evacuate Reagan, who is a guard target, within 10 seconds after the shot. When comparing it to President Kennedy Assassination of 1963, it was evaluated that guards were significantly specialized. In the study, however, it was possible to found many problems such as carelessness of guard, who is in charge of external area of event place, idle attitude for frequently used event place, confusion of wireless communication, risk of wireless security disclose, insufficient provision of compulsory record file, insufficient profiling of dangerous person and unsecured hospital and first-aid room.

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The Jurisdictional Precedent Analysis of Medical Dispute in Dental Field (치과임상영역에서 발생된 의료분쟁의 판례분석)

  • Kwon, Byung-Ki;Ahn, Hyoung-Joon;Kang, Jin-Kyu;Kim, Chong-Youl;Choi, Jong-Hoon
    • Journal of Oral Medicine and Pain
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    • v.31 no.4
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    • pp.283-296
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    • 2006
  • Along with the development of scientific technologies, health care has been growing remarkably, and as the social life quality improves with increasing interest in health, the demand for medical service is rapidly increasing. However, medical accident and medical dispute also are rapidly increasing due to various factors such as, increasing sense of people's right, lack of understanding in the nature of medical practice, over expectation on medical technique, commercialize medical supply system, moral degeneracy and unawareness of medical jurisprudence by doctors, widespread trend of mutual distrust, and lack of systematized device for solution of medical dispute. This study analysed 30 cases of civil suit in the year between 1994 to 2004, which were selected among the medical dispute cases in dental field with the judgement collected from organizations related to dentistry and department of oral medicine, Yonsei university dental hospital. The following results were drawn from the analyses: 1. The distribution of year showed rapid increase of medical dispute after the year 2000. 2. In the types of medical dispute, suit associated with tooth extraction took 36.7% of all. 3. As for the cause of medical dispute, uncomfortable feeling and dissatisfaction with the treatment showed 36.7%, death and permanent damage showed 16.7% each. 4. Winning the suit, compulsory mediation and recommendation for settlement took 60.0% of judgement result for the plaintiff. 5. For the type of medical organization in relation to medical dispute, 60.0% was found to be the private dental clinics, and 30.0% was university dental hospitals. 6. For the level of trial, dispute that progressed above 2 or 3 trials was of 30.0%. 7. For the amount of claim for damage, the claim amounting between 50 million to 100 million won was of 36.7%, and that of more than 100 million won was 13.3%, and in case of the judgement amount, the amount ranging from 10 million to 30 million won was of 40.0%, and that of more than 100 million won was of 6.7%. 8. For the number of dentist involved in the suit, 26.7% was of 2 or more dentists. 9. For the amount of time spent until the judgement, 46.7% took 11 to 20 months, and 36.7% took 21 to 30 months. 10. For medical malpractice, 46.7% was judged to be guilty, and 70% of the cases had undergone medical judgement or verification of the case by specialists during the process of the suit. 11. In the lost cases of doctors(18 cases), 72.2% was due to violence of carefulness in practice and 16.7% was due to missing of explanation to patient. Medical disputes occurring in the field of dentistry are usually of relatively less risky cases. Hence, the importance of explanation to patient is emphasized, and since the levels of patient satisfaction are subjective, improvement of the relationship between the patient and the dentist and recovery of autonomy within the group dentist are essential in addition to the reduction of technical malpractice. Moreover, management measure against the medical dispute should be set up through complement of the current doctors and hospitals medical malpractice insurance which is being conducted irrationally, and establishment of system in which education as well as consultation for medical disputes lead by the group of dental clinicians and academic scholars are accessible.

A Study on Residual Hearing of Hearing Impaired Children (고도난청아(高度難聽兒)에 대(對)한 잔존청력(殘存聽力))

  • Rhee, Kyu-Shik;Kim, Doo-Hie
    • Journal of Preventive Medicine and Public Health
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    • v.6 no.1
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    • pp.51-63
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    • 1973
  • This paper illustrate residual hearing and socio-medical background on the hearing impaired children, 207 comming to Deaf School. attached to Hankuk Social Work College, Taegu, Korea. The survey was performed through interview with their parents and testing by diagnostic audio-meter (TRIO, AS 105 type) at soundproof room from March 10, to November 28, 1973. The results obtained were as follows. 1) The attendance rate of the compulsory primary school was markedly lower tendency in female than male according to directly proportional to prevalence rate of deafness among them. If was showed the deeper gap in the more superior school (middle and high school). 2) Who entered at the suitable age to each school (six years old to primary school, 12 years to middle and 15 years to high) was 11.3%. And who were enrolled in school age to each school (6-11 years for primary. 12-14 years for middle and 15-17 years for high) was 45.9% (43.7% in male, 50.0% in female). 3) As causative disease, congenital case, were 23.6% included of 13.5% of heredity and 10.1% of troubles during pregnancy; the total acquired cases were 47.9%, it was classified as 11.6% of convulsion from any other diseases, 7.7% of measles, 7.7% of other febrile diseases, 3.4% of drug (the most of streptomycin) intoxication, 2.4% of meningitis, 1.5% of epidemic encephalitis and 31.3% of other diseases; and unknown cases were 28.5%. 4) 31.4% of who included congenital cases lost their hearing within six months old, 11.6% in 6-11 months. 9.7% in 1-2 years old and 14.0% in 2-3years old. Consequently we obtained that the most cases 90.0% were lost their hearing within 3 years after birth. 5) According to qualities of hearing leases the most of cases were perceptive, 197(97.5%), only two cases were conductive, and eight cases were mixed. 6) The status of residual hearing according to average grade of hearing loss. $B(=\frac{a+2b+c}{4}$ as table 13) were as follows. Two cases were normal (one was mute and another was severe speach disorder). Ten cases, moderate. Moderately severe cases were 40 (19.3%). Severe cases, 38(18.4%). Scale out, profound cases, 48 (23.3%). And impossible testing cases because that were infantile or had some mental disorder were 69 (33.3%). 7) The using rate of hearing aides was only 12.0%. Among them who had some more residual hearing and could showed hearing effect with hearing aide have used more many proportionary but who were difficult to expect that effect were rare.

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