• Title/Summary/Keyword: first-principles

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Legislative Study on the Mitigation of the Burden of Proof in Hospital Infection Cases - Focusing on the revised Bürgerliches Gesetzbuch - (병원감염 사건에서 증명책임 완화에 관한 입법적 고찰 - 개정 독일민법을 중심으로 -)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.159-193
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    • 2015
  • Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

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IT Service Strategy on Development of Online Floral Distribution Service : A Typhoon Positioning Strategy (화훼소매점의 온라인 유통서비스 진화에 따른 정보기술서비스 전략 - A Typhoon Positioning Strategy를 중심으로 -)

  • Lee, Seung-chang;Ahn, Sung-hyuck;Lee, Soong
    • Journal of Distribution Science
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    • v.7 no.4
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    • pp.15-26
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    • 2009
  • The internet has dramatically changed a way of business management and competition in the business environment. Especially, it stimulated not only to evolve online floral distribution service but also to change a phase of competition among floral retail stores in industry. And that also led to keen competition among IT service providers as well. This study is to examine how floral retail stores have been evolved and competed with the radical situation of the floral distribution industry through IT service in the aspect of business and information technology. In addition, the Typhoon Positioning Strategy(TPS), a strategy for the IT service positioning, is introduced from IT service provider's perspective. For IT service providers to create high business value and continuous service providing, IT service should be positioned on the customers' "core business" and developed to the level of "solution." The Typhoon Positioning Strategy(TPS) is a strategy for the IT service positioning, indicating that IT service should be positioned according to a Business Process-Service model with the consideration of business development direction, IT service trend, and user's IT capability. That is, IT service providers should find out customers' "core business" area first to provide a right IT service to the company, and the IT service provided should meet to the level of business solution. The capability of the IT solution users is also an important factor to be considered for the advanced IT service. There are four principles of the Typhoon Positioning Strategy(TPS). Principle 1) IT service provided should be an IT solution Map suitable for customer business processes. Principle 2) IT service provided should be able to support customer core business. Principle 3) IT service provided should be a business solution. Principle. 4) IT service provided should be applied differently according to the level of customer's IT capability.

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The Effect of Instruction for 'Family Life Planning' based on Backward Design on Learners' Understanding and Satisfaction (백워드 수업설계를 적용한 '가족생활 설계' 영역 수업이 학습자의 이해도 및 수업만족도에 미치는 효과)

  • Yoo, Se Jong;Lee, Yon Suk
    • Journal of Korean Home Economics Education Association
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    • v.30 no.3
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    • pp.43-66
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    • 2018
  • The purpose of this study was to conduct the instruction for 'Family Life Planning' based on backward design and measured the learners' understanding and satisfaction for testing validity. In short, the result of this study are as follows: In this study, first of all, the students could explain significant concepts, knowledge, and principles for the planning of family life; they could interpret and apply them; they have perspectives on them; they could empathize them; and they could have self-knowledge. The students could also accomplish high achievements for important concepts related to the field of family life planning. In conclusion, this study showed that the developed instruction was very effective for the students to achieve fruitful results, accelerating the learners' persistent understanding. Second, the learners had high satisfaction on the instruction of Family Life Planning based on backward design with the average score of 3.68 out of the perfect score 4. The students could be satisfied with the developed instruction since they could have high interest in the class thanks to diverse learning materials, and they could take an active part in the learning tasks based on group activities and questions. Also they could apply the contents that they learned through task performances to new situation and context. Therefore, this study proved that the developed instruction enhanced the learners' satisfaction on class.

Nammyeong Jo-Sik's Practical Social Reformism (남명 조식의 현실적 사회개혁론 - 경(敬)·의(義)를 중심으로 -)

  • Lee, mi rim
    • The Journal of Korean Philosophical History
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    • no.39
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    • pp.29-52
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    • 2013
  • Philosophy of respect righteousness advocated by Nammyung points to what first needs to be done to drive social changes. It is consistent with the Confucianism, which views the world from within oneself. After all, developing a proper view of the society starts from looking at oneself in the right perspective. The view that personal cultivation can develop into cultivation and eventually reform of the entire society is also present in Confucius' belief that one can only be at peace after disciplining oneself and observe good manners only after perseverance. Also, one can lead the world in peace only after disciplining one's body and mind. In other words, it suggests that individuals and the community where they belong to are not independent from one another. Rather, individuals gather to create a society and righteous individuals are the basis for righteous society. These principles of social system in Confucianism can be understood as a mutual or layered division and integration. The society is not conflicted with individuals or the nation but rather perceived as moral communities to co-exist. Hence, power of execution observed in the philosophy of respect and righteousness by Nammyung is identical to power of execution applied to the society. The power of execution shows up as 'the execution of righteousness' in Nammyung's philosophy of respect and righteousness. It is also demonstrated in the acts by Nammyung's disciples when the nation was at crisis. This is what differentiates Nammyung's new-Confucianism in Joseon Dynasty from Toegye or Yulgok as he tried to deliver 'the execution of righteousness.' It does not mean that neo-Confucian scholars did not emphasize the importance of execution, but Nammyung, in particular, warned how deceitful ideological or inner-directed thinking can be since they fail to come up with concrete solutions to social issues. In summary, Nammyung's moral discipline and training based on respect and righteousness cannot be evaluated in a state of vacuum separate from social and historical aspects but under the context of enlightening virtue and social execution. This can draw the conclusion that Nammyung's execution of respect and righteousness is in the starting point of the realistic 'theory of social reform' for creating a better world.

Compilation of Books on Military Arts and Science and Ideology of Military Science in the early Joseon Dynasty (조선(朝鮮) 초기(初期)의 병서(兵書) 편찬(編纂)과 병학(兵學) 사상(思想))

  • Yun, Muhak
    • (The)Study of the Eastern Classic
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    • no.49
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    • pp.325-355
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    • 2012
  • This research aims to generalize the thoughts of military science of the intellectuals through the books on military arts and science, which were published in the early Joseon Dynasty. In the early Joseon dynasty, it was in a position to establish the foundation in the new monarch internally, and, at the same time, to overcome foreign powers on both northern and southern borders externally. Thus, the books on military arts and science should have to be published under a premise of such situations. Accordingly, the books on military arts and science of those days took account of political stability having reflected the activities not only as the founder of Joseon but also as the military officer in the late Goryeo along with the books' own purpose to found military arts and sciences. The books on military arts and science that published in the early Joseon Dynasty were written mostly based on Chinese military books and its annotations, except some descriptions of the history of war. However, the intellectuals at that time endeavored to redefine military arts and science from the perspective of Confucianism having evaluated Chinese military science books that were biased to boost Machiavellian tactics. As a result of this, the geographical distinctions between China and Korea were the start of an argument for the military arts and science. There were also disputes over the relationships between the military science and the Yin-Yang School, and between the military science and Confucian school. Organizing our country's own history of war for the first time in the early Joseon Dynasty is worth for putting a high evaluation. However, it cannot help but to point out the limits of the books that there are noticeable descriptions about the factors related to toadyism, and that there are no descriptions about the wars against Japanese raiders. The books on military arts and science in the early Joseon Dynasty put emphasis on the commander's leadership that should be good at both literary and martial arts, as well as the harmony in military-to-military relations. After all, the intellectuals in the early Joseon Dynasty had linked the military arts and science to the sages of Confucian school under a premise that scholarship is to be used in combination with martial arts. And, as the nexus between the two, they noted the items of virtue, such as humaneness and righteousness (仁義); ritual and music (禮樂); loyalty and filial piety (忠孝); three fundamental principles (三綱); five moral disciplines (五倫). It can be said that this point is the typical features of the military arts and science in the early Joseon Dynasty, which cannot be found in Chinese military classics.

Need and Contents of Classical River Novels in Secondary Education - Focus on highschool literature textbooks (중등교육과정에서의 고전 대하소설 교육의 필요성과 내용 - 고등학교 『문학』 교과서를 중심으로)

  • Han, Gil-yeon
    • Journal of Korean Classical Literature and Education
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    • no.32
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    • pp.119-158
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    • 2016
  • In this thesis we set forth the reasons for teaching classical river novels in secondary education, and investigated the guiding principles for content design of high school literature textbooks. Although classical river novels have great significance in cultural and narrative histories, they were previously consistently disregarded in secondary education. First, we looked at the need for including classical river novels in the secondary school curriculum to create a well-balanced education of classical novels, to link this with modern river novels, to teach the narrative styles and esthetics of river novels, and to let students understand the various cultures of the late Joseon Dynasty. Second, we examined two ways of educating students about classical river novels. For exclusively teaching classical river novels, we recommended the means of teaching and provided detailed guidelines by which they can be taught, as well as provided complete information about the family tree, the story unit, and the scene deployment. To establish the link between classic river novels and their modern counterparts, we recommended the process of teaching accession and transition of tradition by introducing the commonalities and the differences across three generations stories, besides discussing the viewpoints of female writers. When classical river novels are introduced in literary textbooks, students will realize the existence of such novels though they may not understand all aspects of the novels. We suggest that teaching and introduction of classical river novels in secondary education as soon as possible.

A study on Yang Shi Tai Chi Chuan in Bartenieff Fundamentals Perspectives (바티니에프 기본원리를 통해 본 양식 태극권에 관한 연구)

  • Wang, Zhiquan
    • Trans-
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    • v.8
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    • pp.95-127
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    • 2020
  • This research is based on using Bartenieff Fundamentals to analyze the fundamentals of Tai Chi Chuan's movements in order to develop the methods of relaxation from Tai Chi Chuan's principle movement movements It also shows that the two techniques have commonalities in many ways. First of all, taking a philosophical approach on the body movements of Tai Chi Chuan and Bartenieff, for both methods the ultimate goal is the integration of mind and body. In other words, there is a thread of connection between the East's body and mind monism and the west's Body Awareness. Secondly, looking at it from a Breath Support standpoint as used in the Bartenieff method, the two methods both use the breathing to naturally move the body and relax the body. In Tai Chi Chuan the Breath is the basis of life and the strength of the Body. So the breathing of Tai Chi chuan is what makes body and mind communicate, harmonize and integrate. In other words, Breathing in Tai Chi is realized through mental fusion and affects the movements. This is the same as the Breath Support of Bartenieff. It is said that in every aspect the Breath Support of Bartenieff influences the movement and changes both the inner and outer form of the body. Thirdly, looking at the Core Support used in the Bartenieff method, both methods emphasize core. At the same time of moving and being conscious of one's core, the usage of muscles can be deeper rather than superficial and this enables strong and flexible movement. In Tai Chi Chuan abdominal muscles used when one coughs are consciously engaged through abdominal breathing and so strength is collected in the core. When one exercises like that the core becomes more stable and breathing becomes more smooth. Fourthly, analyzing the Rotary Factor used in the Bartenieff Fundamentals, they both use rotary movement to reach the goal of physical relaxation. The rotation factor of Bartenieff allows movement to be easier and more free because of the characteristic of joint exercise where the center axis moved in three dimensions, this is the same in Tai Chi chuan. According to Tai Chi chuan's circle and Spiral Movements, it can achieve the relaxation through switching into a seamless flow and access space as much as possible. Finally, when looking at Developmental Patterning through Bonnie Bainbridge Cohen's Body-Mind Centering Work theory, presented from Bartenieff developmental model are similar with the developmental process of Tai Chi chuan Breath, Core-Distal Connectivity/Navel Radiation, Head-Tail Connectivity/Spinal Movement, Upper-Lower Connectivity/Homologous, Body-Half Connectivity/Homo-Lateral Connectivity, Cross-Lateral Connectivity/Contra-Lateral Connectivity. They are all similar. In other words, in Tai Chi Chuan energy is gathered in the core through breathing, upper and lower body are connected through the spine, not only homo-laterally but also cross-laterally. Through this study the expression of the dance movements can be more natural. Additionally based on the Body Awareness balance usage of the central axis, joints and body can develop the relax technique.

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Development of Neuropsychological Model for Spatial Ability and Application to Light & Shadow Problem Solving Process (공간능력에 대한 신경과학적 모델 개발 및 빛과 그림자 문제 해결 과정에의 적용)

  • Shin, Jung-Yun;Yang, Il-Ho;Park, Sang-woo
    • Journal of The Korean Association For Science Education
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    • v.41 no.5
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    • pp.371-390
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    • 2021
  • The purpose of this study is to develop a neuropsychological model for the spatial ability factor and to divide the brain active area involved in the light & shadow problem solving process into the domain-general ability and the domain-specific ability based on the neuropsychological model. Twenty-four male college students participated in the study to measure the synchronized eye movement and electroencephalograms (EEG) while they performed the spatial ability test and the light & shadow tasks. Neuropsychological model for the spatial ability factor and light & shadow problem solving process was developed by integrating the measurements of the participants' eye movements, brain activity areas, and the interview findings regarding their thoughts and strategies. The results of this study are as follows; first, the spatial visualization and mental rotation factors mainly required activation of the parietal lobe, and the spatial orientation factor required activation of the frontal lobe. Second, in the light & shadow problem solving process, participants use both their spatial ability as a domain-general thought, and the application of scientific principles as a domain-specific thought. The brain activity patterns resulting from a participants' inferring the shadow by parallel light source and inferring the shadow when the direction of the light changed were similar to the neuropsychological model for the spatial visualization factor. The brain activity pattern from inferring an object from its shadow by light from multiple directions was similar to the neuropsychological model for the spatial orientation factor. The brain activity pattern from inferring a shadow with a point source of light was similar to the neuropsychological model for the spatial visualization factor. In addition, when solving the light & shadow tasks, the brain's middle temporal gyrus, precentral gyrus, inferior frontal gyrus, middle frontal gyrus were additionally activated, which are responsible for deductive reasoning, working memory, and planning for action.

Recovery Support Service for Neglected Children and Their Families of Origin: Status and Suggestions (방임 및 보호 아동·청소년 원가정 회복지원 시범사업의 현황과 과제)

  • Jeong, Jeeyoung;Anh, Jinkyung;Kim, Eunhye
    • Journal of Family Resource Management and Policy Review
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    • v.25 no.3
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    • pp.87-102
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    • 2021
  • Child abuse and neglect are recently increasing in Korea, and although the government has actively improved the child protection system, the number of abused children and the rate of cases judged as abuse have continuously risen. Given that 75% of child abusers are parents, child abuse and neglect are expected to recur. To prevent such a recurrence, various intervention programs for abused children and their parents are required. The purpose of this study were to design a recovery support service process and investigate the effectiveness of pilot program for families of origin, including neglected(protected) children, to improve the system by which these programs are operated, and formulate policy alternatives that reinforce "family preservation" principles. The pilot program was implemented from June to November 2020 in 4-local healthy family support center. The number of program participants and the frequency of participation in each other differed, because of the difference in number of confirmed coronavirus cases in each region and the requirement for social distancing. Through the program, a community-based service process was developed for neglected(protected) children and their parents, and cooperative networks between related facilities and institutions were established. The study formulated the following recommendations: First, a cooperation system among government departments mandated to provide different services to neglected(protected) children is needed. Second, wider and various channels through which abused children can avail of protective services should be developed within communities. Third, more stable environments for program operation should be cultivated, and cooperative partnerships should be sought for knowledge sharing among relevant government departments. Another necessary measure is for a center to develop its own business model, in which the duplication of services provided by involved organizations is avoided. Finally, clear guidelines, administrative standards, and specific plans for program operation should be arranged. Also regional characteristics are maintained, but services should be standardized.

A Case Study on the Community-based Elderly Care Services Provided by the Social Economy Network in Gwangjin-Gu, Seoul (사회적경제 조직의 지역사회 돌봄 네트워킹 가능성에 대한 비판적 고찰: 서울시 광진구 노인돌봄 클러스터 사례연구)

  • Kim, HyoungYong;Han, EunYoung
    • 한국노년학
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    • v.38 no.4
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    • pp.1057-1081
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    • 2018
  • This study analyzed the case of elderly care cluster in Gwangjin-gu to explore the possibilities of social economy as a provider of community-based social services. Community-based means the approach by which community organizations build a voluntary and collaborative network to enhance collective problem-solving abilities. Therefore, it is very likely that the social economy that emphasizes people, labor, community, and democratic principles can contribute to community-based social services. This study analyzed social economic network by using four characteristics of social economy suggested by OECD community economy and employment program as an analysis framework. The results of this study are as follows: First, it is found that social economy would hardly supply community-based social services through network cooperation because of a large variation in community identity, investment to new product, and labor protection. Second, community users are not the consumers of the social economy and the products of the social economy stay in market products only for the organizations in social economy. In order to create good services that meet the needs of residents, community development approaches are required at the same time. The importance of community space where local residents and social economy meet is derived. Third, public support such as purchasing support has weakened the ecosystem of social economy by making the distinction between public economy and social economy more obscure. On the other hand, public investment in community infrastructure is an indirect aid to social economy to communicate with residents and to promote good supply and consumption. In the end, community-based social services need a platform where the social economy and the people meet. This type of public investment can create the ecosystem of the social economy.