• 제목/요약/키워드: constitutional review

검색결과 152건 처리시간 0.051초

The Making of a New Social Contract: Labor Law in Indonesia after Reformasi (레포르마시(Reformasi) 이후의 인도네시아 노동법: 새로운 사회계약의 형성)

  • Suryomenggolo, Jafar
    • The Southeast Asian review
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    • 제28권2호
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    • pp.85-117
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    • 2018
  • This paper discusses the development of labor law in Indonesia after the 1998 reformasi. The end of the authoritarian regime and the subsequent introduction of democratic institutions in the country have opened up new spaces to restructure labor relations. The government promulgated a set of new labor laws that has brought tremendous changes to the employment system and the system of labor disputes settlement. In the face of the challenges these changes have created, labor unions are using alternative means to defend their members' interests. This paper shows how labor law reform has set a new social contract between the government, employer associations, and the labor movement.

A New Policy Study on Technical Document Review Changes and User-Centric Medical Device Advertising (사용자 중심의 의료기기 광고를 위한 기술문서 심사 변경의 새로운 정책 연구)

  • Ahn, Dae Ik;Ryu, Gyu Ha
    • Journal of Biomedical Engineering Research
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    • 제42권1호
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    • pp.7-17
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    • 2021
  • In the case of domestic medical device advertisements, it is possible to proceed with the advertisement after medical device certification, and pre-deliberation is possible based on the medical device technical document. However, there are some medical device advertisements that stakeholders in administrative procedures have no choice but to misunderstand in customs and laws that do not consider users. In addition, medical equipment and the pre-deliberation system were judged to be unconstitutional, and unconstitutional decisions were made in accordance with the principle of prohibiting pre-censorship based on the Constitution. This is because in domestic medical device advertisements, structural contradictions and user damage occur in the central structure of each stakeholder. It is necessary to reestablish stakeholder relationships, increase water solubility from customs and laws, and seek new policy proposals. In this study, we reestablish relationships with stakeholders by applying the Autopoiesis theory, and present the grounds and directions that can prevent hype and misidentified advertisements through the establishment of user-centered policies, and the measures to be taken by the Constitutional Court unconstitutional decision.

Systematic Review on the Sasang Type-specific Pathophysiological Symptoms of Sleep (사상체질별 수면 소증(素證)에 대한 체계적 고찰연구)

  • Lee, Han Byul;Han, Yoo Ri;Han, Sang Yun;Kim, Yun Im;Son, Kyungwoo;Lee, Mi Suk;Lim, Jung Hwa;Chae, Han
    • Journal of Oriental Neuropsychiatry
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    • 제26권4호
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    • pp.337-348
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    • 2015
  • Objectives: The purpose of this study was to review previous clinical studies on underlying mechanisms of sleep-related type-specific pathophysiological symptoms among the Sasang types. Methods and Procedure: We reviewed seven research databases from December 2003 to August 2015 with the keywords Sasang typology, constitution and sleep. The Sasang type-specific sleep-related symptoms were analyzed based on seven categories, including subjective sleep quality, sleep latency, sleep duration, habitual sleep efficiency, sleep disturbances, use of sleep medications and daytime dysfunction. Results: Total of twelve studies were included in the analysis. The Tae-Yang type showed low subjective sleep quality, long sleep latency and frequent awakening, and the So-Yang type showed long sleep latency. The Tae-Eum type presented high subjective sleep quality, short sleep duration, frequent snore, toss and turn during the sleep, and insomnia and low frequency of dream. The So-Eum type showed long sleep latency in male and high frequency of dream. The Eum type combining Tae-Eum and So-Eum types had higher subjective sleep quality, longer sleep duration and higher frequency of dream than the Yang type combining Tae-Yang and So-Yang types.Conclusions This study reviewed type-specific sleep-related characteristics and discussed possible pathophysiological mechanisms involved. Differences in sleep characteristics among the Sasang types might stem from type-specific temperaments and require further study.

A study on the ulcerous inhibitory effects of Taeumchowetang (태음조위탕(太陰調胃湯)의 유탕억제효능(遺瘍抑制效能)에 관(關)한 연구(硏究))

  • Park, Dong-Un;Kim, Dal-Rae
    • Journal of Sasang Constitutional Medicine
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    • 제9권2호
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    • pp.227-243
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    • 1997
  • The experimental study used in this paper was done to examine the clinical effects of Taeumchowetang for the gastric ulcer and the function of gastrointestinal tract using rats and mice which were administered orally the water extraction from Taeumchowetang. Then, the counter-action of the water extraction on the isolated ileum and gastric fundus, the inhibitory effects of pylorus-ligated ulcer and indomethacin-induced ulcer, the associations with gastric juice secretion, total acidity, pepsin output, the transportability in the small and large intestine, were studied with administering acetylcholine chloride and barium chloride. In addition, it was investigated whether the central nervous system related to pain control and sleeping time was influenced by Taeumchowetang. The following results have been obtained; 1. As resulting from injection of acetylcholine chloride and barium chloride into the isolated ileum of rats and mice, Taeumchowetang led to have an inhibitory effect on the muscle contraction of the ileum. Then, acetylcholine chloride was measured as lower effect than barium chloride 2. For the inhibitory effect on contraction for the gastric fundus strip in rats by either acetylcholine chloride or barium chloride, the one showed low inhibitory effect, on the other hand the other showed density-dependent effect. 3. The water extraction was given on the pylorus ligated ulcer with using two different administration groups of 1,300mg/kg and 2,600mg/kg, each result was measured as 22.9% and 36.5% for an ulcerous inhibitory effect (p<0.05). 4. According to the two administration groups, the preventive effect was tabulated 18.1% and 29.3% for indomethacin-induced ulcer (p<0.05, P<0.01). 5. For associations with gastric juice secretion, total acidity, pepsin output in the administration group 2,600mg/kg, Taeumchowetang was recognized as having an inhibitory effects related to suppressive actions involving gastric juice secretion(p<0.05), and free acidity(p<0.01), but there was no significant association with total acidity and pepsin output. 6. To know the transportability in the intestine, BaSO4 solution was used. The transportability of the small intestine in the administration group 2,600mg/kg was 22.2% which was statistically significant compared with the large intestine's transportability(P<0.01). 7. In the administration group 1,300mg/kg and 2,600mg/kg, analgesic effect with against acetic acid was measured as being 16.8% and 24.4% which was shown as statistically siginificant(p<0.01). 8. No statistically significant association between Taeumchowetang and sleeping time was found in both 1,300mg/kg and 2,600mg/kg by administering phenobarbital-Na. According to the results of this study, Taeumchowetang has agreed with the effects of literature review. Further more in this study, Taeumchowetang also has preventive effects on pylorus-ligated ulcer. Hence, Teaumchowetang can be significant effect such as both anti ulcer agent and increasing gastric activity for the patients who suffer from gastric ulcer.

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Challenges in Accordance with Current Law by the Enforcement of the Medical Dispute Adjustment Act (의료분쟁조정법의 시행에 따르는 현행법상의 해결과제)

  • Joung, Soon-Hyoung
    • Journal of the Korea Society of Computer and Information
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    • 제19권4호
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    • pp.139-147
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    • 2014
  • Medical disputes the problem that occurs essentially among the rapidly increasing of the demand for health care and the attention of the public health. The subject of dispute is mostly criminal penalties and civil redress due to a physician's medical malpractice, resolved by agreement was prioritized. They trying to solve through the litigation and exercise the skills. But, the lack of clear standards and related legislation make difficult to solve the problem. for this, "The Act of Medical Malpractice Damage's Relief and Mediation for Medical Dispute Resolution" (Medical Disputes Adjustment Act) was enacted in April 7, 2011 and performed in Apr. 8, 2012. To solve the problem autonomously between the parties. It is the legislative intent such as mediation or arbitration to solve the conflict between the parties. But there are some problems that examined from the perspective of constitutional review with the criminal and civil problems. Therefore, this paper will find out the legal issues about Medical Dispute Adjustment Act and the constitutional and civil issues. And want to expect to be prepared the more stable and efficient solution of medical disputes.

The Historical Understanding of the U. S. Secret Records Management (미국의 비밀기록관리체제에 대한 역사적 이해)

  • Lee, Kyong-Rae
    • The Korean Journal of Archival Studies
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    • 제23호
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    • pp.257-297
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    • 2010
  • The U. S. government has a long history to classify and manage governmental records which are created, collected, and preserved for itself. During the colonial period before the independence, the U. S. mostly practiced the maintenances of secret records and restrictions of access to the records following a long convention without any specific legal authority. Since establishment of the U. S. Constitution, the government had kept secret records on the basis of constitutional authority. However, the U. S. government began to take shape the secret records management system when it participated in the World War I, which required the system to reflect the needs in reality to manage drastic increases in important military and foreign relation documents. The World War II made the U. S. government strengthen its secret records management system, and its conception of secret records management system at that time has sustained until now. It can be said that the current secret records management system of the U. S. government continues to be managed by constitutional authorities and the executive orders which are opt to change. This article intends to review the secret records management system of the U. S. from the initial history of the U. S. to the Cold War. To understand its system of secret management, the paper investigates the U. S. secret records management history by dividing into three periods: the period of establishment of its tradition(the Colonial era~just before the WWI); the period of taking shape of its system (the WWI~the WWII); and the period of current conception of its system. The criteria of these divisions are created based on the differences of the laws relevant to the secret records and the application methods of secret management system in reality.

Systematic Review on the Use of Sasang Personality Questionnaire in Traditional Korean Medicine (사상성격검사(SPQ)의 한의학적 활용 현황에 대한 체계적 문헌 분석)

  • Kim, Min Seong;Hwang, Yosun;Park, So Jung;Lee, Junhee;Kim, Jongwoo;Lee, Soo Jin;Chae, Han
    • Journal of Oriental Neuropsychiatry
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    • 제32권3호
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    • pp.167-184
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    • 2021
  • Objectives: Operational definition and its validated measure of traditional Korean medicine (TKM) are pivotal for research studies and reliable clinics. There have been ten years of clinical studies on Eum-Yang (Yin-Yang) and Sasang typology using Sasang Personality Questionnaire (SPQ) of integrative biopsychology. The objective of this study was to perform a systematic review on the use of SPQ to provide insights and foundation for its further studies and clinical application. Methods: Clinical studies on SPQ were searched using five domestic and foreign research databases. Attained research articles were then subjected to predefined systematic reviews. Demographic characteristics of participants and research topics of articles were described. Psychological and physical features of SPQ and its subscales were reviewed and compiled to reveal biopsychological characteristics. Results: There were 33 articles with 15,085 participants on Eum-Yang (n=19) and Sasang typology (n=14). The SPQ-total score was in an increasing order of So-Eum, Tae-Eum, and So-Yang. Eum-Yang groups were categorized at a 3:4:3 ratio using %ile score of SPQ-total. The SPQ-total showed a significant positive correlation with Novelty-Seeking and a negative correlation with Harm-Avoidance in psychological perspective, while it was not significantly correlated with Body Mass Index or Ponderal Index in physical perspective. The SPQ-total and subscales explained psychopathological characteristics of stress recognition, negative emotion, problem behavior, and depression. Conclusions: The SPQ was found to be an objective biopsychological measure of TKM for Sasang typology and psychopathology. It would provide foundation for 'Korean Psychology' and multidisciplinary studies.

A Review on The Comparative Study on Temperament And Character Inventory (TCI) And Constitutional-psychological Questionnaire (Temperament and Character Inventory(TCI)와 심리(心理)관련설문지의 비교연구에 대한 고찰(考察))

  • Kang, Dong-Woo;Oh, Hwan-Sup;Park, Young-Jae;Park, Young-Bae
    • The Journal of the Society of Korean Medicine Diagnostics
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    • 제15권1호
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    • pp.29-46
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    • 2011
  • Objectives: The purpose of our study is to develop and verify questionnaire using temperament and character inventory (TCI) in the future by contemplating the comparative study on TCI and psychological testing Questionnaires. Methods: We investigate the research searched by keyword: 'TCI' and 'Questionnaire' through internet search engines, Pub Med, Science Direct and Springer Link. Results: The comparative study of TCI and psychological testing Questionnaires(SPAQ, BDI, TAS-20, MAC, DSQ) which have the purpose of diagnosing personal disorder is helpful for the verification of the level of adequacy of the concerned psychological testing Questionnaire and contributes to the understanding of psychobiological characteristics of each of personal disorders. The comparative study of TCI and psychological testing Questionnaires(MMPI, NEO, CPI) which have the purpose of comprehending general personality is helpful for the verification of the level of adequacy of the concerned psychological testing Questionnaire and contributes to the understanding of meaning of questionnaire-scales. The comparative study of TCI and constitution-psychological testing Questionnaire(QSCC II) is helpful for the verification of the level of adequacy and the understanding of the concerned constitution-psychological testing Questionnaire and contributes to the understanding of psychobiological characteristics of each of constitutions. Conclusions: TCI is a useful tool to understand the psychological testing Questionnaire more deeply and verify the level of the adequacy, and from now on for the development and verification of Oriental medicinal-psychological testing Questionnaire, the study comparing it with TCI should be actively used.

Literature Review of Herbal Medicines on Treatment of Obesity Since 2000;Mainly about Ephedra Herba (2000년 이후 비만치료에 사용되는 처방(處方) 및 본초(本草)에 대한 문헌연구;마황(麻黃)을 중심으로)

  • Hwang, Mi-Ja;Shin, Hyun-Da;Song, Mi-Yeon
    • Journal of Korean Medicine for Obesity Research
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    • 제7권1호
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    • pp.39-54
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    • 2007
  • Objectives : This study has been done to know which herbs and herbal formulae are frequently used for the treatment of obesity in Korea and overseas since 2000. Methods : We conducted a computerized literature search in KISS (Korean studies Information Service System), Pubmed, Journal of Oriental Association for Study of Obesity ,and Journal of Oriental Rehabilitation Medicine(2000 -Apr. 2006) using search key words obesity, obese, weight loss, weight control combined with herb, herbal formula. Result and conclusion : Seventy-two studies have been identified(50 Korean papers and 22 pubmed papers) and 81 herbs have been found. In USA it was mainly used as single herb for food, but in Korea it was mainly used as herbal formula. For single herb, ephedra(麻黃) was the most studied single herb both in Korea and the USA. For herbal formulae, Sasang Constitutional Medicine(SCM, 19times) was the most frequently used herbal formula, in which the herbs for Tae-eum type person like Taeyeumjowui-tang(太陰調胃湯, 7times) and Choweseungcheng-tang(調胃升淸湯, 5times) were mainly prescribed. The next was Chegameuiin-tang(體減薏苡仁湯, 11times) and Bangpungtongsungsan( 防風通聖散, 3times). Calculating each herb consisted in each herbal formula, Coicis Semen(薏苡仁), Angelicae gigantis Radix(當歸), and Glycyrrhizae Radix(甘草), Raspberry Ketone, Cnidii Rhizoma(川芎), and Ephedra Herba(麻黃) turned out to be the most frequently used herb.

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Legal Standings of the Patient and the Doctor within the National Health Insurance - With its focus on the issue of arbitrary medical charge cover - (건강보험에 있어서 의사와 환자간의 법률관계 - 임의비급여 문제를 중심으로 -)

  • Hyun, Doo-Rhyun
    • The Korean Society of Law and Medicine
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    • 제8권2호
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    • pp.69-118
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    • 2007
  • In providing general medical treatments, the medical service contract between the patient and the doctor is the mutually responsible onerous contract. However, the nature of the mutually assumed contract standings of the patient and the doctor has been changing since the implementation of the national health insurance program. For instance, besides the cases of beyond excessive medical charges and medical negligence, if the doctor charged for his/her medical treatments violating the post-treatment/nursing cover criteria, the overpaid medical charge, regardless of being collected with the patient's consent, has to be refunded back to the patient. Medically needed aspects, treatment results, and unfair benefits favoring the patient are not at all taken into consideration in the health insurance scheme. This makes it easier for patients to get refunds for their share of the medical payments by involving the Health Insurance Review & Assessment Service or the National Health Insurance Corporation, without engaging in civil law suits (for reimbursement claim) against doctors. In other words, the doctor's responsibility to provide medical treatments and the patient's responsibility to pay for the medical treatment provided within the contractual realm are being demolished by the administrational arbitration of the National Health Insurance system. The basic rights of medical service providers, and the patient's right to choose are as important constitutional rights, as the National Health Insurance program, which is essential in the social welfare system. Furthermore, the development of the medical fields should not be prevented by the National Health Insurance system. If the medical treatment services can be divided into necessary treatments, general treatments, and high quality treatments, the National Health Insurance is supposed to guarantee the necessary and general treatments to provide medical treatments equally to all the insured with limited financial resources. However, for the high quality treatments, it is recommended that they should not be interfered by the National Health Insurance system, and that they should be left to the private contract between the patient and the doctor.

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