• Title/Summary/Keyword: constitutional review

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Study on the Correlation between Sasang Constitution and the Data of Pulse Diagnosis Device - A Systematic Review in Korean Articles - (사상체질과 맥진기 검사 결과와의 상관성에 대한 연구 - 국내 논문에 대한 체계적 고찰 -)

  • Lee, Hye Yoon;Jung, A Ram;Son, Han Beom;Hwang, Man Suk;Lee, Jeong Won;Kim, Gyeong Cheol;Yun, Young Ju
    • Journal of Physiology & Pathology in Korean Medicine
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    • v.26 no.5
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    • pp.621-629
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    • 2012
  • This study aimed to examine the possibility of data from pulse diagnosis device to be used for diagnosis of Sasang constitution. Systematic searches of 5 major Korean medical database were conducted for articles published up to May 2012. Searching key word was "Sasang" or "Constitution". Studies dealt with correlation between Sasang constitution and the pulse wave data from pulse diagnosis machine were included. Totally 2886 studies are searched and 3 studies are added from references of evaluated articles. Among them, 12 studies were met our inclusion criteria (2 Xishu Mac, 2 Self-made pulse diagnosis machine, 8 3D-Mac). Three of the eight 3D-Mac studies intended to develop a formula of constitutional differential diagnosis, 2 studies compared variables by Sasang constitution in healthy group and 3 studies compared variables by Sasang constitution in healthy group and special disease group. They all reported some significant variables, however results are not consistent between studies. The accuracy of the formula of constitutional differential diagnosis using 3D-Mac pulse diagnosis devices is 46.0% by now. Improvements in measuring pulse are required to achieve more accurate result and be used for diagnosis of Sasang constitution. Compensating B.M.I. among Sasang constitutional groups and separating constitutional pulse factors from acquired characteristics are also needed in further study.

A Review on Principles and Access Methods to Sasang Constitutional Medicine of Music Therapy (음악치료(音樂治療)의 원리(原理)와 체질의학적(體質醫學的) 접근을 위한 검토)

  • Lee, Ji-Young;Park, Seong-Sik
    • Journal of Sasang Constitutional Medicine
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    • v.18 no.1
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    • pp.30-40
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    • 2006
  • 1. Objectives The present study purposed to examine the contents and the principles of music therapy according to Oriental medicine theories in order to prove that music therapy is not a new research area but its principle is found in the long tradition of Oriental medicine. 2. Methods We investigate the possibility of music therapy based on Oriental medicine theories and examine the meanings of music therapy from the viewpoint of Oriental medicine. 3. Conclusions and discussions (1) The principles of music therapy are the principle of homogeneity, catharsis and balance. (2) When one’s mind changes, there are naturally occurred sounds, which are called Oseong (五聲: the oriental five voices exhalation, laughing, singing, wailing and groaning), and the notes defined by arranging the Oseong according to the principle of Ohaeng (五行: the oriental five phases wood, fire, earth, metal, water) are Oheum (五音: the oriental five musical notes Gakeum, Chieum, Gungeum, Sangeum and Wooeum.). If Eum (musical notes) is classified into Ohaeng, it can be divided into Gakeum, Chieum, Gungeum, Sangeum and Wooeum. (3) Change of Sinji (神志: consciousness) induces change of Gigi (氣機: function of Gi), which can change the character of voices. Oseong controls the functions of Ojang (五臟: the oriental five viscera) by ruling one’s Jeongji (情志: emotion). It can reduce the damage of the viscera caused by excessive vent of emotion resulted from unconscious expression of Oseong - Hoseong (呼聲: exhalation), Soseong (笑聲: laughing), Gaseong (歌聲: singing), Gokseong (哭聲: wailing) and Sinseong (呻聲: groaning). (4) Yijeongseungjeong (以情勝情: Control emotion with emotion) therapies, which suppresses an emotion by stimulating another, include Noseungsabeop (怒勝思法: Control anxiety with anger), Heeseungbibeop (喜勝悲法: Control sorrow with joyfulness), (思勝恐法: Control fear with anxiety), Biseungnobeop (悲勝愁法: Control anger with sorrow) and Gongseungheebeop (恐勝喜法: Control joyfulness with fear). (5) Seongeum (聲音: voices and musical notes) can be applied to a stimulation method that not only harmonizes the rhythm of living organs but also controls the occurrence of diseases caused by mutual Pyeonseongpyeonsoi (偏盛偏衰: relative preponderance and weakness) through direct induction of the strength and weakness of Gi function of the oriental five viscera in a human body according to the individual character. Sounds preferred by the patient, the material of an instrument selected by the patient, the character of rhythm and music expressed by the patient and the sound or voice uttered frequently by the patient can be considered in diagnosis and treatments for the patient’s body and mind.

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Can the Sasang Constitutional Type Trait Act as an Independent Risk Factor for Dyslipidemia? (사상체질이 이상지질혈증의 위험인자가 될 수 있는가?)

  • Lee, Jiwon;Jang, Hyunsu;Park, Byungjoo;Lee, Euiju;Koh, Byunghee;Lee, Junhee
    • Journal of Korean Medicine for Obesity Research
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    • v.14 no.2
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    • pp.63-71
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    • 2014
  • Objectives: This study was designed to investigate the correlation between Sasang constitution and dyslipidemia and the possibility that Sasang constitution can be a risk factor of dyslipidemia. Methods: This study was a retrospective cross-sectional study based on chart review. Seventeen thousand sixty-nine charts which were collected from May 2007 to June 2010 in International Healthcare Service Center, Kyung Hee University Medical Center, were reviewed for the study. Fifteen thousand two hundred fifty charts including Sasang constitutional diagnosis and lipid profiling were selected and we examined the correlation between Sasang constitution and dyslipidemia. Results: After adjusted for body mass index, the levels of total cholesterol and triglyceride were highest in Taeeum group, and lowest in Soeum group. High-density lipoprotein was highest in Soeum group, and lowest in Taeeum group. After adjusted for age, sex, and body mass index, the odds ratios for 'high triglyceride' were 1.716 (1.411~2.087) in Soyang group and 2.021 (1.650~2.475) in Taeeum group compared to Soeum group. The odds ratio for 'high low-density lipoprotein' was 1.229 (1.006~1.501) in Soyang group compared to Soeum group. The odds ratios for 'low high-density lipoprotein' were 1.195 (1.033~1.381) in Soyang group and 1.414 (1.212~1.649) in Taeeum group compared to Soeum group. Conclusions: The lipid profiles and dyslipidemic risk differed across constitutional types, showing constitution type-specific patterns, so that we could infer the possibility that Sasang constitutional types can be a risk factor of dyslipidemia.

A Clinical Practice Guideline for Ma-huang(Ephedra sinica) Prescription in Obesity (비만치료 및 체중감량에서의 적절한 마황 사용에 대한 임상 진료지침 개발)

  • Kim, Ho-Jun;Han, Chang-Ho;Lee, Eui-Ju;Song, Yun-Kyung;Shin, Byung-Cheul;Kim, Yun-Kyung
    • Journal of Korean Medicine for Obesity Research
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    • v.7 no.2
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    • pp.27-37
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    • 2007
  • Background Clinical practice guidelines (CPG) are systematically developed statements to assist practitioners and patients on healthcare decisions. They provide recommendations for the average patient, which should take into account individual clinical judgment and the patient's values and expectations. Ephedra has sympathomimetic effect and has been used for weight loss worldwide. However, its safety is controversial especially in autonomic and cardiovascular systems. Therefore, the need of appropriate CPG for ephedra prescription in obesity was advocated in Korean Traditional Medicine. Methods The committee comprised of specialists of obesity, oriental herbology, oriental cardiology, constitutional medicine. The committee collected all relevant references about adverse effect and safety of ephedra in the forms of meta-analysis, systematic review, randomized controlled trial, case-control study and observational study from international and domestic databases and paper journals. 11 English- and 5 Korean-language references were gathered and categorized by PICO (Patient, Intervention, Comparison, Outcome) method. We could not complete strength of recommendation which should be clarified according to the evidence grade estimation. Result The first version of CPG for ephedra prescription in obesity was issued by Korean Oriental Association for Study of Obesity. It includes topics of introduction, pharmacokinetics, side effects and adverse events, constitutional aspect and recommendations for dose, indication and contraindication. Conclusion There should be periodic upgrade of this CPG from now on. Although there are some drawbacks in this version of CPG, it has significance as the first CPG in Korean Traditional Medicine.

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A Critical Review on the Legislative Notice of the Enforcement Decree of the Serious Accident Punishment Act: Focusing on Serious Industrial Accidents (중대재해처벌법 시행령 입법예고안에 대한 비판적 고찰 - 중대산업재해를 중심으로 -)

  • Jung, Jin-Woo
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.31 no.4
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    • pp.417-426
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    • 2021
  • Objectives: The purpose of the Act is to comprehensively consider the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act for each important issue in terms of system, content, and execution. Methods: We examine the legislative notice of the Enforcement Decree of the Serious Accidents Punishment Act in-depth from the perspective of the effectiveness of disaster prevention, consistency of the legal system, and harmony with legal principles. Results: The proposed Enforcement Decree of the Act on the Punishment of Serious Accidents hardly resolves the uncertainties of the law, and there are many aspects that are unclear in the enforcement ordinance itself and that do not comply with constitutional principles. As a result, it is judged that it is difficult to for it to serve as an accident prevention standard due to its low predictability and that it will be difficult to achieve effectiveness in accident prevention. Conclusions: Ultimately, the law itself should be extensively reorganized in order to ensure universal and sufficient effectiveness, including the abolition of the Serious Accidents Punishment Act. In the short term, even the Enforcement Decree of the Act should be reorganized and supplemented in accordance with the law and safety principles.

The Right to a Humane Livelihood and the Right to Health on Korean Constitution (인간다운 생활을 할 권리와 건강권)

  • Park, Jiyong
    • The Korean Society of Law and Medicine
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    • v.20 no.1
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    • pp.3-24
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    • 2019
  • This research examines the constitutional meaning of the right to health through reviewing the decisions of the Constitutional Court and proposed amendment of the Constitution issued by the President. This article further discusses the relationship between the right to a humane livelihood and the right to health. Health is a fundamental freedom and inalienable human right which is a prerequisite to accomplish individual's independent activity and realization of value. Thus, the government is obligated to protect and uphold the right. Article 36(3) of the Constitution delineates the government's duty to protect and fulfill the right to health. Through the interpretation of both Article 36(3) and Article 34 of the Constitution, I suggest that the right to health implies 'the right to social security for health'. The Constitutional Court has narrowly interpreted the scope of the right to a humane livelihood by defining the term as "minimum material living standards". However, it should be interpreted as 'the right to enjoy a healthy and cultural life for human dignity' and setting the level of protection is solely on the discretion of the legislative branch. Ultimately, the judicial review on the right to a humane livelihood connects with the issue of rational control for legislative discretion.

The Effectiveness and Safety of Dokwhalkisaeng-tang Combined with the Medication on Rheumatoid Arthritis: A Study Protocol for Systematic Review and Meta-analysis (류마티스 관절염 치료제와 병용한 독활기생탕의 효과 및 안전성: 체계적 문헌고찰 및 메타분석 프로토콜)

  • Chae, Soo-Yeon;Jung, Chan-Yung;Kim, Joo-Hee;Kim, Eun-Jung;Seo, Byung-Kwan;Hwang, Min-Seop;Park, Seong-Sik;Kim, Kyung-Ho;Yoon, Jong-hwa;Sung, Won-Suk
    • Herbal Formula Science
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    • v.30 no.2
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    • pp.95-100
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    • 2022
  • Objectives : Recent studies reported that Dokwhalkisaeng-tang (DHJST) could relieve the clinical rheumatoid arthritis (RA) symptoms and the level of RA-related blood test. However, evidence-based review on effectiveness and safety of DHJST with medication on RA was not yet provided. Methods : Searching randomized controlled trials on the use of DHJST for RA will be performed using multiple electronic databases, manual search, and contact to author. Studies will be selected according to the pre-defined criteria and collected data on study participants, interventions, control groups, outcome measurements, the results, adverse events, and risk of bias will be summarized. Primary outcome will be the disease activity score (including effective rate, swollen joint count, tender joint count, and morning stiffness), and the secondary outcomes will be RA-related blood test and adverse events. We will use Review Manager software to perform a meta-analysis, Cochrane Collaboration "risk of bias" tool for assessing the risk of bias, and Grades of Recommendation, Assessment, Development and Evaluation for the determination of quality of evidence. Results : We are going to investigate the effectiveness and safety of DHJST with medication for RA. Conclusion : This study will provide reliable evidence on whether DHJST combined with medicine is more effective on RA than medicine monotherapy.

Legal review on essential business of hospital business (병원사업에 있어서 "필수유지업무"에 관한 법리적 검토)

  • Park, Kyung-Choon
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.343-405
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    • 2009
  • This paper is to discuss essential business of hospital business. While the labor world and ILO made continuous recommendation for improvements towards the compulsory arbitration system along with the controversy over unconstitutionality of the system, the Constitutional Court ruled that the system is constitutional on December 23, 1996(90hunba19) and on May 15, 2003 (2001hunga31). Despite this decision from the Constitutional Court, there has been much controversy over whether the compulsory arbitration system infringes the rights of collective action against the principle of trade union & labor relations adjustment which allows Commissioner of the Labor Relations Commission to decide on submission of arbitration by virtue of his/her authority in case where industrial disputes take place in the essential public-service businesses. The revision on the above provision was closely examined from the year 2003 and an agreement was made on the abolition of the compulsory arbitration system and the introduction of essential business with a grand compromise among labor unions, employers and the government on September 11, 2006 followed by revision(Essential business system enacted on January 1, 2008) of the Trade Union & Labor Relations Adjustment Act on December 30 in the same year. Accordingly, in order to perform the essential business, parties to labor relations must have an agreement or obtain a decision by the Labor Relations Commission before taking industrial actions. This paper firstly examined the concept of essential public-service businesses and essential business, legal meaning of essential business, procedures for making agreement and decision and legal effects. Secondly it intensively explored a theory against the principle of the legality which was raised from some part of society. In other words, it is claimed that a theory against the principle of the legality is not consistent with the rule of legislation and some abstract wording is against void for vagueness doctrine because part of crime constitution requirements is delegated to the Presidential Decree or to consultation among parties to labor relations. But analysis on the rule of legislation and void for vagueness doctrine reflected in the decision by the Constitutional Court led that argument for a theory against the principle of the legality is not reasonable. Close examination was done on a formal act of essential business agreement and necessity of prior agreement before submission of decision to the Labor Relations Commission which might have difficulties in performing work. In addition, an example agreement on hospital essential business is attached to help you understand this paper better.

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A Study on the Validity of Criminal Punishment for the Violation of the Clause 1 or the Article 88 of the Military Service Law (병역법 제88조 제1항 위반에 따른 형사처벌 타당성에 관한 연구)

  • Park, Cheol;Jung, Jung Kyun;Kim, Jin Hwan
    • Convergence Security Journal
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    • v.17 no.4
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    • pp.39-47
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    • 2017
  • In the Republic of Korea, punishment of conscientious objectors is rising as a social issue once again. Large number of news articles on the punishment of conscientious objectors are updated on portal sites several times a day. The background for this phenomena is based on the disagreement between the Supreme Court and the Constitutional Court. The Constitutional Court has ruled that it is constitutional for the government to punish conscientious objectors who denied their service for religious belief according to the Clause 1 of the Article 88 of the Military Service Law. However, district courts have taken different stance in the lower instance. 6 rulings in 2015, 7 rulings in 2016, and 16 rulings in the first half of 2017 has declared the conscientious objectors as not guilty. At the same time, the issue is becoming more controversial as the Jeju District Court has made two different rulings on the punishment of conscientious objectors who denied their military service for religious belief. Therefore, the study aims to find out whether conscientious objection can be included as a reasonable cause under the Clause 1 of the Article 88 of the Military Service Law, and take thorough review on the interpretation and the application of Article 18 of the Human Rights Covenant by examining the rulings at the Supreme Court, Constitutional Court, and District Courts.

Trend of Dispute on the Right to Be Forgotten and Acceptance Task of Internet Laws in Korea (잊혀질 권리의 논의 동향과 우리나라 인터넷 법제의 수용과제)

  • Chung, Sang-Ki;Kim, Kyung-Yeol
    • Journal of Information Technology Services
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    • v.12 no.1
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    • pp.131-141
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    • 2013
  • Matters related to the right to be forgotten started the dispute Europe to introduce it first when Data Protection Directive established in 1995 proceeded revision. Relating to this, diverse disputes proceed on responding to personal information protection and internet laws in our nation. Especially as our National Assembly submitted the law regarding the promotion of information and communication network use and protection of information and amendment of copyright, it is necessary to look into the movement on introduction of law of right to be forgotten closely in detail. EU which attempted the institutionalization for the first time, relating to review of General Data Protection Regulation, proposed opinions such as the necessity to define subjects of personal information concretely and specifically and or protection target and balanced consideration on freedom of expression which is constitutional value. In the case of our nation, there was legislation attempt to introduce the regulation but it was limited in the form of fallen effectiveness without concrete and detailed review on internet law. To solve such problems, it is necessary to look into issues and matters to be considered required to accept right to be forgotten closely and discuss possibility of introducing right to be forgotten, conflicts between fundamental rights becoming issue, effect of goal achievement of personal information protection through the system introduction, and other rational acceptance method.