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The Multi-door Courthouse: Origin, Extension, and Case Studies (멀티도어코트하우스제도: 기원, 확장과 사례분석)

  • Chung, Yongkyun
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.3-43
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    • 2018
  • The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

Comparison Research of Clinical Effect of Eastern and Western Medical Treatment on Frozen Shoulder Patients (동결견(凍結肩) 환자의 동서협진 치료의 임상효과 비교연구 - 견관절 가동운동범위(ROM) 변화를 중심으로 -)

  • Nam, Dong-Woo;Kim, Haeng-Beom;Yang, Dong-Hoon;Lim, Sa-Bi-Na;Kim, Keon-Sik;Lee, Doo-Ik;Lee, Jae-Dong;Choi, Do-Young;Lee, Yun-Ho
    • Journal of Acupuncture Research
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    • v.23 no.5
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    • pp.105-113
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    • 2006
  • Objectives : To establish an effective collaborate medicine treatment of acupuncture and western medicine for treating frozen shoulder patients. Methods : 59 voluntary patients were randomly assigned to Eastern treatment group(E group, n=22), Western treatment group(W group, n=17) and East-West treatment group(EW group, n=20). The E group received acupuncture treatment on LI15, TE14, GB21 and Master Dong's acupuncture points, Shin-gwan and Gyun-joong, twice a week for 4 weeks. The W group received suprascapular nerve block, subacromial injection and trigger point injection, twice a week for 4 weeks. The EW group received acupuncture and injection treatment including nerve block All groups were instructed to practice self exercise during their daily lives. Evaluations were made before treatment and after treatment based on the change in shoulder Range of Motion(ROM) and the patient's satisfaction concerning the treatment was measured by Visual Analogue Scale(VAS). The obtained data were analyzed and compared. Results : The patient's satisfaction scores were E group 5.67, W group 7.73 and EW group 7.67. The E group and the EW group showed significant improvement in abbduction, adduction and flexion(p<0.05). The W group showed significant improvement in adduction(p<0.05). Abduction significantly improved(p<0.05) in the EW group compared to E group and W group. Flexion also showed improvement in the EW group, but the difference among the 3 groups was statistically insignificant. The three group's difference of change in extension and adduction was insignificant(p>0.05). Conclusion : Acupuncture and nerve block alone significantly improved ROM in frozen shoulder patients. Also collaborate treatment of acupuncture and nerve block significantly improved ROM in frozen shoulder patients. But the difference of the three treatments were significant only for improving abduction(p<0.05).

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A Study on the Estimation of Ecological Footprint in Gyeongsangbuk-do for Comparison of Environmental Capacity of Each Local Government (자치단체별 환경용량 비교를 위한 경상북도지역 생태발자국 추정연구)

  • Kang, Kee-Rae;Kim, Hee-Chae;Kim, Dong-Pil;Oh, Hyun-Kyung;Cho, Kwang-Jin;Shin, Young-Ho
    • Korean Journal of Environment and Ecology
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    • v.28 no.6
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    • pp.769-778
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    • 2014
  • The rapid urbanization and increase in population due to industrialization have led to the extension of cities and the reduction in naturality as a necessity. Now, it is the biggest threat to virtuous circle of ecosystem. With the expansion of common recognition that this ecological crisis would be accompanied by the crisis of mankind, many countries all around the world are conducting researches to indicate the optimum consumption level of individual as an index in addition to cross-national environmental indicators such as ESI, EPI and SDI, by measuring environmental consumption of state, local government or individual, and comparing each region. Based on this background, this research was carried out to estimate the environmental capacity of 23 local government in Gyeongsangbuk-do. The result of EF estimation showed that EF value necessary for life per head in Gyeongsangbuk-do was 0.9534, and it showed an ecological deficit of 25.3 percent when analyzing it in consideration of the ecological capacity. Also, among the local governments in Gyeongsangbuk-do, Youngduk-gun displayed the highest EF, and Ulleung-gun displayed the lowest EF. But when analyzing the ecological deficit in consideration of the ecological capacity of each region, Gumi-city showed the greatest ecological deficit, and Youngyang-gun showed the biggest ecological capacity. The environmental capacity estimated in this study is to digitize the ecological capacity and ecological deficit of each local government in Gyeongsangbuk-do. The estimated optimum environmental capacity of each local government suggests the scale of environmental preservation and proper development and furthermore, could be used as fundamental data for persuading members of each local government when selecting a location of development facility or preservation area.

A Case of Bronchus-Associated Lymphoid Tissue(BALT) Lymphoma in the Lung of the Patient with Primary Sj$\ddot{o}$gren's Syndrome (원발성 쇼그렌 증후군(Primary Sj$\ddot{o}$gren's Syndrome) 환자에서 발생한 Bronchus-Associated Lymphoid Tissue(BALT) 림프종 1례)

  • Kang, Min-Jong;Lee, Jae-Myung;Lee, Seung-Joon;Son, Jee-Woong;Kim, Dong-Gyu;Lee, Myung-Goo;Hyun, In-Gyu;Jung, Ki-Suck
    • Tuberculosis and Respiratory Diseases
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    • v.52 no.2
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    • pp.179-185
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    • 2002
  • A bronchus-associated lymphoid tissue(BALT) lymphoma of the lung is a rare disorder of patients with Sj$\ddot{o}$gren's syndrome. A 49-year-old woman was admitted for an evaluation of exertional dyspnea and general weakness which had persisted for two years. The patient had suffered from dry mouth and dry eyes for five years. The physical examinations showed a coarse breath sound with inspiratory crackles on the whole lung field, particularly on the both basal lungs. The laboratory data disclosed high titers of anti-nuclear antibodies, and anti-SSA (Ro), and anti-SSB (La) antibodies. Chest radiographs demonstrated the presence of bilateral, diffuse, reticulonodular densities in both lungs. Thin-section CT scans showed diffusely distributed mosaic pattern of an inhomogeneous attenuation extending over the entire lung zone. The histological findings from an open-lung biopsy specimen revealed an accumulation of lymphoid cells around the bronchioles and an extension of malignant lymphoma cells from the bronchiolar epithelium toward the alveolar space. Immunohistochemically, the neoplastic cells reacted positively to the CD 20 antigen and were focally positive for the UCHL 1 antigen. The histological diagnosis was consistent with a low grade marginal zone B-cell lymphoma originating in the BALT. Here, we present a case of a histologically proven BALT lymphoma of the lung in a patient with primary Sj$\ddot{o}$gren's Syndrome.

Chemical Components of Korean Paprika According to Cultivars (한국산 파프리카의 품종별 화학성분)

  • Jeong Chang-Ho;Ko Woong-Hyunk;Cho Jeong-Rai;Ahn Cheol-Gun;Shim Ki-Hwan
    • Food Science and Preservation
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    • v.13 no.1
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    • pp.43-49
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    • 2006
  • The chemical components of Korean paprika according to cultivars were investigated and analyzed to provide basic data for food materialization and processing. Nitrogen free extract contents of President, Special and Fiesta were 6.64, 6.22 and $6.01\%$ respectively. The contents of crude lipid and crude fiber in the Special, President and Fiesta were similar. Mineral components of paprika were rich in $K(83.41\-152.98\;mg\%),\;Mg(28.66\~39.46\;mg\%)\;and\;Mn(10.34\~18.96mg\%)$. Among the cultivars of paprika, K content had a slightly higher level in the President than those of Special and Fiesta. The major free Sugars of paprika were glucose $(1.36\~1.45\%)$ and fructose$(0.06\~1.53\%)$, respectively. The contents of total amino acids in paprika were $1,168.08\;mg\%$ in the Special, $1,112.97\;mg\%$ in the President and $874.79\;mg\%$ in the Fiesta. The major amino acids in the paprika were lysine, aspartic acid and glutamic acid Abundant organic acids of paprika were tartaric $(2.34\~4.32\;mg\%)$, succinic $(2.01\~2.42\;mg\%)$ and malic acids $(0.67\~1.72\;mg\%)$. Eight fatty acids in paprika were identified and the major fatty acids were stearic $(15.11\~34.68\%)$ and linoleic acids $(32.12\~60.36\%)$. The contents of ascorbic acid in paprika were $263.45\;mg\%$ in the Special, $284.24\;mg\%$ in the President and $206.34\;mg\%$ in the Fiesta. Total phenolics and carotenoid contents were higher in President cultivar than any other cultivars.

Cultivational Possibilities of Camellia sinensis L. in the Mountain-area of West-Gyeongnam Province, Korea (경남 서부 산간지의 차나무 (Camellia sinensis L.) 재배 가능성)

  • Lee Seong-Tae;Shon Gil-Man;Kang Jin-ho;Lee Yong-Ho
    • Korean Journal of Plant Resources
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    • v.18 no.1
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    • pp.1-7
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    • 2005
  • This study was conducted to investigate the possibility of cultivating tea plants planted in the mountain area of west Gyeongnam province, Korea for 2 years from March 27th, 2001 to July 30th 2003. Ninety each plants collected from 5 different sife were cultivated in nursery cup pot$(\phi\;16cm)$. in the greenhouse condition and transplanted in 5 different location and monitored their survival growing state etc. The results obtained are as follow : 1. Survival rate tea plants after transfer to soil was relatively high Gaya-myeon Hanyang-gun with $90.0\%$ and the lowest in Buksang-meyon Geochang-gun with $80.0\%$. The tea plant collected from Gaya-myeon showed the best growing activity at early stage. 2. For the second year of harvesting time, survival rate was the highest in Machun-myeon Hamyang-gun with $92.2\%$ and the lowest was Buksang-myeon Geochang-gun with $76.7\%$. 3. For the 3rd year of harvesting time, it was impossible to data collection because of the most upper parts of plants were killed by severe freezing weather condition. In the Baekjeon-myeon, Hamyang-gun Buksang-myeon, Ungyang-myeon Geochang-gun, which are severly cold$(below\;-10^{\circ}C)$ in winter season, seems not a suitable places for tea plant cultivation since it is very different to harvest the young loaves in growing season. In conclnsion we could select two sites Gaya-myeon, Hapcheon-gun, Machun-myeon, Hamyang-gun, as tea plant cultivation in the mountain area of west-Gyeongnam province, korea.

Characteristics of Springtime Temperature Within Mt. Youngmun Valley (용문산 산악지역의 봄철 기온특성)

  • Chun, Ji Min;Kim, Kyu Rang;Lee, Seon-Yong;Kang, Wee Soo;Choi, Jong Mun;Hong, Soon Sung;Park, Jong-Seon;Park, Eun-U;Kim, Yong Sam;Choi, Young-Jean;Jung, Hyun-Sook
    • Korean Journal of Agricultural and Forest Meteorology
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    • v.16 no.1
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    • pp.39-50
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    • 2014
  • This paper reviews the results of recent observations in the Yeonsuri valley of Mt. Youngmun during springtime (March to May) in 2012. Automated weather stations were installed at twelve sites in the valley to measure temperature and 2, 3 dimensional wind. We examined temporal and spatial characteristics of temperatures and wind data. The Yeonsuri valley springtime average temperature lapse rate between the top and bottom of the entire period is $-0.44^{\circ}C/100$ m. It can be changed by the synoptic weather conditions, the lapse rates is greatest in order of clear days ($-0.48^{\circ}C/100$ m), rainy ($-0.41^{\circ}C/100$ m) and cloudy days ($-0.40^{\circ}C/100$ m). In the night, the temperature inversion layer (thermal belt) and the cold pool are formed within the valley. In addition, we measured temperature and wind distribution from the bottom to 3.5 m, the cold layers existed up to 1.5 m, which were affected by ground mixed layer. The results will provide useful guidance on agricultural practices as well as model simulations.

A Protection Management Characteristic and Preservation Plan of World Heritage Mt. Huangshan (세계유산 황산의 보호관리 특성 및 보전방안)

  • Shin, Hyun-Sil
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.36 no.1
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    • pp.120-128
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    • 2018
  • The purpose of this study is to establish basic data for the continuous protection management policy of domestic natural world heritage and mixed world heritage, and to examine the present situation and characteristics of the protection management according to the World Heritage Convention on the World Heritage listed Huangshan. The results of this study are as follows. First, Huangshan began to be protected by the establishment of the Huangshan Construction Committee in 1933, and after the designation of national park in 1982, laws and regulations were established in the central ministries, And various projects related to utilization have been implemented. Secondly, the establishment of the boundary for protection was actively intervened by the central government, such as the reorganization of the boundary of Huangshan through the administrative district plan. In order to protect the ecological and landscape value as well as the cultural factor, And designated a heritage designated area. Third, the protection management of Huangshan was divided into four major stages. The first phase was divided into the period when administrative measures were taken to manage the protection of Huangshan. The second phase was designated as a national park in Huangshan. The third period was the time of the protection-oriented project according to the recommendation of the international organizations after the World Heritage listed. The fourth period was the expansion of the tourism industry for the continuous use of protection of Huangshan city, My preservation business was being implemented. Fourth, Huangshan is managed by the central government and the city government. Huangshan, which is a mixed heritage, is managed jointly by the Ministry of Cultural Heritage Administration and the Ministry of Natural Heritage Administration. The protection and management of Huangshan promoted the efficiency and expertise of the heritage-related work through the establishment of the administrative unit-specific management system, and the local governments were entrusted with the authority to implement the protection management policies that meet local characteristics. Fifth, the preservation area of Huangshan has been destroyed by the development policy centered on the mountain. In addition, according to the operation of accommodation facilities, there are problems such as sewage, garbage disposal, and environmental pollution caused by tourists, and the damage caused by pests and diseases in planted plantations around the area and changes in ecosystem due to the composition of cable cars. Sixth, for the continuous protection of Huangshan, strict regulations on new construction, extension and management of accommodation are required, and it is necessary to install facilities to limit and control the number of visitors.

Genotype $\times$ Environment Interaction of Rice Yield in Multi-location Trials (벼 재배 품종과 환경의 상호작용)

  • 양창인;양세준;정영평;최해춘;신영범
    • KOREAN JOURNAL OF CROP SCIENCE
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    • v.46 no.6
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    • pp.453-458
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    • 2001
  • The Rural Development Administration (RDA) of Korea now operates a system called Rice Variety Selection Tests (RVST), which are now being implemented in eight Agricultural Research and Extension Services located in eight province RVST's objective is to provide accurate yield estimates and to select well-adapted varieties to each province. Systematic evaluation of entries included in RVST is a highly important task to select the best-adapted varieties to specific location and to observe the performance of entries across a wide range of test sites within a region. The rice yield data in RVST for ordinary transplanting in Kangwon province during 1997-2000 were analyzed. The experiments were carried out in three replications of a random complete block design with eleven entries across five locations. Additive Main effects and Multiplicative Interaction (AMMI) model was employed to examine the interaction between genotype and environment (G$\times$E) in the biplot form. It was found that genotype variability was as high as 66%, followed by G$\times$E interaction variability, 21%, and variability by environment, 13%. G$\times$E interaction was partitioned into two significant (P<0.05) principal components. Pattern analysis was used for interpretation on G$\times$E interaction and adaptibility. Major determinants among the meteorological factors on G$\times$E matrix were canopy minimum temperature, minimum relative humidity, sunshine hours, precipitation and mean cloud amount. Odaebyeo, Obongbyeo and Jinbubyeo were relatively stable varieties in all the regions. Furthermore, the most adapted varieties in each region, in terms of productivity, were evaluated.

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The investigation of the degree of the request of the education about the claim for the medical expenses in the dentistry health insurance - mainly in the Daejeon, Chungcheong area - (치과건강보험 요양급여비용 청구에 관한 교육요구도 조사 -대전·충청지역을 중심으로-)

  • Nam, Yong-Ok;Kim, Sung-Hee;Kim, Min-Ja
    • Journal of Korean society of Dental Hygiene
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    • v.11 no.3
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    • pp.325-341
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    • 2011
  • Objectives : This research has investigated the reality of the education of the claim and the degree of the education for the claimed of the dentistry recuperation organization in the Daejeon and Chuncheong are for the improvement of the problem in the medical expenses. Methods : It use as a basic data for the vitalizations of the education and performed the survey in the dentistry recuperation organization in the Daejeon and ChungCheong Nam BukDo which are registered in the evaluating organization for judging the health insurance in the present May 2010, and concluded just like the below. Results : 1. The education of the claim in the requirer in the dentistry recuperation organization, and the education of the claim was especially lacking when the dentist was studying in the university, and the dental hygienist had the similar educational experience in the school and the clinic (p<0.05) 2. Most of the requirer in the dental recuperation organization was hoping to get the education related to the claim work, but the dentist and the nurse's aid was relatively low (p<0.05) 3. For fixing the error of the claim, the participation and the extension of the judging standard of the insurance was the highest among the university subordinate dental hospital/dental hospital, but the health center was relatively low (p<0.05). 4. The dentist feels the economic burden in employing the special employee because the raising of the special judging people, compared to others, but the staffs such as the dental hygienist preferred it as one of ways to fix the error of the claim of the dental insurance (p<0.05) 5. Both dentists and the dental hygienist said proper time to teach the insurance was all needed in the school, and the clinic, but other workers relatively believed it should be held in the clinic (p<0.05). 6. The important factors to decide the participation of the lecture was in order of the contents of the lecture, the place of the lecture, the amount for the lecture, the superintendent of the lecture, whether it has gone through the educational score, and whether it has passed the conserving educational score was relatively less important in the university subordinate dentist/dentist, but the medical center was very effective as 4.50 (p<0.05) 7. Health Insurance Review and assessment service was very high as the managing department for supplying the lecture and the information, 70.5%, and the next was the Korean Dental Association/ Korean dental hygiene association, but dentists were preferring the association to manage in than the Health Insurance Review and assessment service to manage (p<0.05) 8. In preferring lecture for the inquiring the insurance, periodontal surgery was the highest as 4.51, the diagnosis standard for injection was high in the university subordinate hospital/dentists, and the more the year of the insurance inquiry, the less the doctor who was hoping for the lecture about the basic treatment. Conclusions : Taken together, it is decided that the inquiry education about the medical expense in the dentist, so the consistent and systematic education should be held to the related people, and from this, it is thought to reduce the problem of the inquiry of the medical expenses by fostering the knowledge and supplying the information which are related to the inquiry of the dentists.