• Journal of Physiology & Pathology in Korean Medicine
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• v.30 no.3
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• pp.190-200
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• 2016

The aim of this study was to suggest the standard process in developing Questionnaire of Pattern Identification (QPI). The process in developing QPI was researched from validated and developed questionnaire and the standard process in developing QPI was suggested through review of the experts in research, statistics and clinics. Check list was also provided. The number of QPI reviewed in this research was 17(4 in disease in Korea Medicine, 5 in Pathological symptoms, 6 in Sasang constitutional Diagnosis, and 2 in etc), The standard process in developing QPI consisted of 11 phage and 33 check lists. 1) Composition of Research Member(3check lists), 2)Set up of the Aim(5), 3) Review for advanced research(3), 4) Finding an Important Index(3), 5) Review of item selection(4), 6) Developing the questions using items(5), 7) Developing Draft of Questionnaire(2), 8) 1^st Survey of Reliability and Validity(2), 9) Revision and Correction of Item(1), 10) 2^st Survey of Reliability and Validity(2), 11) Completion and Application(3). This study suggests the standard process in developing QPI for the first time in Korea. This following step may help A new QPI development.

• The Journal of Internal Korean Medicine
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• v.40 no.4
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• pp.612-628
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• 2019

Objective: The aim of this review was to investigate clinical studies on Korean medical treatments for dysmenorrhea. Method: Using the keywords "dysmenorrhea," "Korean medical treatment," "acupuncture," and "herbal medicine," searches were conducted using domestic databases, including the National Discovery for Science Leaders (NDSL), the Research Information Sharing Service(RISS), and the Oriental Medicine Advanced Searching Integrated System (OASIS). The keywords were combined in various ways, instead of being searched individually. Papers that did not cover clinical studies or were not matched with the subject, absent of the abstract and text, were excluded. Results: Using the above searching method, 20 studies were found. Of these, 15 were in the form of case reports and five were in the form of randomized controlled trials. Acupuncture, herb medicine, pharmacopuncture, moxibustion, and cupping were used as treatments for dysmenorrhea. All of these studies reported that the Korean medical treatment was effective. Conclusion: According to the results, Korean medical treatments can provide an effective treatment for dysmenorrhea. However, more clinical studies on dysmenorrhea should be conducted for further clinical applications.

• The Journal of the Society of Stroke on Korean Medicine
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• v.12 no.1
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• pp.61-67
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• 2011

Background : Prevalence of spasticity because of stroke are 40% patients after 12 month. Spasticity caused decrease of range of motor, motor function, and active daily living. Electroacupuncture widely used stroke. But it is been studied by systematic review between spasticity and electroacupuncture. This study is aimed to efficacy of electroacupuncture for spasticity because of stroke. Methods : We had used pubmed(www.pubmed.com) and cochrane library(www.thecochranelibrary.com) database. Limits are'human','randomized controlled trial'and'all adult 19+ years'in pubmed. The period was until 15, september, 2011. We used MeSH(Medical Subject Headings terms. The search words were'stroke'[mesh],'muscle spasticity'[mesh and 'electroacupuncture'[mesh]. In cochrane library, we used spasticity and electroacupuncture in cochrane library. We found 19 studies. But only 3 studies were included for inclusion criteria. Results : The appropriate 3 studies were different from subject, acupoint, duration of treatment, endpoint and etc. But these studies were effective for spasticity because of stroke. Conclusion : These studies were not meta analysis because of heterogeneity. But the above results might explain the electroacupuncture were effective for spasticity and further study needed to verify and standard electroacupuncture study for spasticity.

• Journal of Arbitration Studies
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• v.20 no.3
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• pp.25-46
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• 2010

In spite of great interest and recent innovation of the legislative system in the Arbitration and other Alternative Dispute Resolution(ADR) system, In Japan there have been only a few case in which International commercial dispute was settled through the Arbitration compared to other countries. However, we can easily expect that foreign arbitral awards which need to be recognized and enforced in Japan will gradually increase and this makes it very important for us to review the Japanese legislative system regarding recognition and enforcement of foreign arbitral awards. In this paper, I focused on the relations between applicable laws(including convention) regarding recognition and enforcement of foreign arbitral awards in Japan and some issues concerning refusal of recognition and enforcement of foreign arbitral awards. Japan is a member state of several multilateral conventions concerning recognition and enforcement of foreign arbitral awards including the New York Convention of 1958 and at least 20 bilateral agreements which include provisions in relate to the recognition and enforcement of arbitral awards. Therefore there are some legal issues about the priority application between multilateral and bilateral agreements in relate to Article 7(1) of the New York Convention. In Japan, as I mentioned in this paper, there are incoherent opinions concerning this issue. To solve it substantially it would seem appropriate to build up concrete and explicit provisions concerning the application of priority between multilateral and bilateral agreements. On the other hand, in relate to the application between the New York Convention and National Law, it is necessary to take general approach regarding the priority application between Convention (Treaty) and National Law, considering the national application of conventions under the Constitutional System of each country. Among the grounds for non-recognition/enforcement, there are the ones that are decided under the law of the requested country, for instance, arbitrability and public policy. It would therefore be possible that some foreign arbitral awards would not be recognized in Japan especially relating to the arbitrability because its scope in Japan is not so large. Regarding the enforcement of awards annulled in their place of origin, some positive opinions in recent Japanese legal discussions, say that annulled awards should be enforced as a counter strategy of developed countries and judiciary discretion of the requested country would be needed. As mentioned in this paper, the recognition and enforcement of foreign arbitral awards is closely related to judicial policy of the requested country as the recognition and enforcement of foreign judgment is. Even though there existed uniform rules on recognition and enforcement of foreign arbitral awards like the New York convention, each country has different internal legal status of conventions under its own Constitutional System and tends to interpret the provisions based in its own profit. Therefore, it is necessary to review, in the light of conflict of laws, the national legislative system including legal status of conventions of the requested countries concerning recognition and enforcement of foreign arbitral awards.

• The Southeast Asian review
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• v.27 no.1
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• pp.53-94
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• 2017

Thai political regime is said to have returned to bureaucratic polity or semi-democracy. However this kind of perspective do not find the political interference of Privy Council which is a body of Monarch of Thailand. Therefore this paper tries to discover the unique traits of Thai way of constitutional monarchy which can be defined as the modern form of absolute monarchy. In short Thai way of constitutional monarchy based on network politics is contradictary to the normal constitutional monarchy whose norm is "the king reigns, but does not rule." This means Thai king is in politics not above politics in reality. Thai monarchy has interfered in diversive way in terms of mediating political conflicts and protecting the monarchy as a institution. In this process the king has been worshiped as demigod who practises the Buddhist doctrine and the centre of national integration. Even after the 6 Ocober 1976 massacre which the palace involved King Bhumibol Adulyadej's sacred position was not challenged. Rather $l{\grave{e}}se-majest{\acute{e}}$ law became more draconian for status quo. Since then $l{\grave{e}}se-majest{\acute{e}}$ was cited as one of the major rationale for the military coup. The 2006 coup which was triggered by the clash between network Monarchy and bourgeois polity based on Thakin network marked a surge of the $l{\grave{e}}se-majest{\acute{e}}$ cases. The 2014 coup had consecutively increased the number of $l{\grave{e}}se-majest{\acute{e}}$ prisoners. It can be said that the modern form of absolute monarchy in Thailand including bureaucratic polity, semi-democracy and democracy is bounded by $l{\grave{e}}se-majest{\acute{e}}$ law which network monarchy players such as military, intellectuals, Democrat Party and even some civil society groups support.

• 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.

• Journal of Nuclear Fuel Cycle and Waste Technology(JNFCWT)
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• v.12 no.2
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• pp.107-119
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• 2014

The worldwide Status-of-Art survey for the in-situ experiments of the engineered barrier system for HLW underground disposal was performed as a preliminary action for the design of the in-situ demonstration at KURT. Some nations, which have executed or is ongoing the in-situ experiments at their underground research facilities, were summarized in this review. The demonstration projects reviewed were TBT/Sweden-France, LOT/Sweden, HE-E/Switzerland, PRACLAY/Belgium, FEBEX/Spain, HORONOBE/Japan, and BCE/Canada. The investigated items for the projects were mainly their purposes, constitutional structures, test conditions, monitoring parameters and the measuring tools, and test results. In this review, the hardware design and the assembling of the test system were more concentrated rather than their experimental results, because the purpose of this review is to achieve the necessary information for the practical design of the in-situ experiment to be installed at KURT. A mid scale in-situ demonstration of EBS at KURT, that is called IN-DBES, will be launched right after the completion the expanding project of KURT in 2015. It is hoped that the structural design, installing methods, hardware equipments required in the establishment of IN-DEBS will be referred on this review.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.177-219
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• 2016

A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'

• The Journal of Korean Medicine Ophthalmology and Otolaryngology and Dermatology
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• v.31 no.4
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• pp.65-82
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• 2018

Objectives : The purpose of this study is 1) to explore the general tendency of the herbs or herbal formula for acne treatment in clinical practice 2) and to provide a basis for explaining the principles of acne treatment in Korean Medicine in order to make patients understand more easily based on pharmacological mechanism by analyzing the herbs or herbal formula using for acne treatment in clinical practice. Methods : In the domestic databases (Oriental medicine Advanced Searching Integrated System-OASIS, Korean Traditional Knowledge Portal-KTKP, National Discovery for Science Leader-NDSL, Research Information Sharing Service-RISS), we selected among the papers published using search terms related to "acne". Reports related to sasang constitutional medicine were excluded and a total of 23 papers were finally selected. Results : 29 prescriptions were retrieved from 23 papers. Chungan-tang (淸顔湯) notified formulas ranked first by Cheongsangbangpung- tang (淸上防風湯), Hwangnyeonhaedok-tang (黃連解毒湯), Dangguijakyaksan (當歸芍藥散) and Bipachungpe-eum (枇杷淸肺飮). Commonly used herbs are Forsythiae Fructus (連翹), Scutellariae Radix (黃芩), Gardeniae Fructus (梔子), Ligustici Rhizoma (川芎), and Angelicae Gigantis Radix (當歸). In most patients with inflammatory lesions or excessive flushing, exterior-releasing medicinal (解表藥) and heat-clearing medicinal (淸熱藥) were mainly prescribed for acne treatment, while in patients with acne accompanied hyperkeratinization, Excess sebum secretion, Dysmenorrhea or indigestion, qi-tonifying medicinal (補氣藥) or blood-tonifying medicinal (補血藥) were mainly used. KAGS (Korean Acne Grading System) was the most commonly used method for acne severity assessment. Conclusions : These findings suggest that the herbs or herbal formula for acne treatment in Korean Medicine is prescribed differently according to the cause and symptoms of acne in a unique way for control the whole body balance. Also, our findings could provide a basis for explaining the principles of acne treatment in Korean Medicine in order to make patients understand more easily based on pharmacological mechanism in clinical practice.

• The Journal of Korean Medicine
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• v.29 no.5
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• pp.126-133
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• 2008

Purpose : The aim of this study is to identify current situation and issues of outcome measures to evaluate the public health programs using traditional medicine by public health centers in Korea. Method :This study analyse and review existing data and documents related to traditional Korean medicine and health policy using contents analysis method. To collect the information on outcome measures evaluating the programmes, this study reviewed annual reports for health promotion programmes using traditional Korean medicine(HP-TKM) of Hub public health centers, as pilot public health centers, which have implemented the health promotion programmes collectively. Additionally, the review included research articles, government documents and book chapters on the topics related assessments in health promotion. Results :HP-TKM are stroke prevention education, smoke free program, health promotion according to Four Constitutional Medicine, home visiting treatment, etc. However, there are only a few studies of traditional medicine focused health promotion evaluation strategies. The benefits of health promotion programs using TKM can be categorized as non-health benefit, physiological, psychological and physical effects. To manage and monitor the intervention programmes efficiently, attention should be given to developing relevant and valid outcome measures for evaluating the programmes by government and public health center. Conclusion :Up to now, considering number of researchers, research projects undertaken or published articles and reports, within traditional Korean medicine there is a lack of capacity in research. Thus, government should pay more attention to developing relevant and valid outcome measures for evaluating the programs.