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Investigating Research on the Degree of Frequency and Importance of Tasks for Framing the EMTs Occupational Description (응급구조사 직무기술서 작성에 따른 일의 요소별 빈도 및 중요도 조사 연구)

  • Kim, Tae Min;Kim, Hyo Sik;Yoou, Soon Kyu
    • The Korean Journal of Emergency Medical Services
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    • v.5 no.1
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    • pp.199-212
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    • 2001
  • This research, aiming at analyzing the Emergency Medical Technicians' duties prior to establishing a baseline for question development in the national exams to qualify for the EMTs, investigated the importance and frequency per unit specified in the description with the EMTs to be subjects working on the task spot by means of questionnaires. The EMT duties were classified into 9 items like 1) the notification and response, 2) the scene size-up, 3) the patient assessment, 4) the emergency care, 5) the patient transport, 6) the duties at hospital clinics, 7) the operational management, 8) the receiving and responding to a call, 9) the self-development, and put the functional tasks into 52 items, describing the task elements into 177 items, and then questioned 112 EMTs working on the spot from July 21 through August 30, 2000, which showed the following results. 1) The distribution of subjects' career showed the highest rate with 33.9% for those who careered "less than a year", only 13.4% for those with more than 4 years and the highest rate with 43.8% for those who aged at 20-25. And 70.5% of all those who were questioned was the junior college graduates, 58.9% for those working at fire station and 29.5% working at hospital clinics. 2) Looking at the distribution of frequency and importance for each task element, questioning 'the patients main symptoms', 'accidental type', 'place of the patients identification' showed the highest rate in both frequency and importance in the field of "notification and response". 3) In the "scene size-up", identifying the patients showed the highest rate of frequency and importance, compared to other field of tasks, among which "identifying the patients' state" showed the highest rate of frequency (2.66) and importance (2.81). 4) In the "patient assessment", "identifying the patients" showed the high rate of frequency and importance in most elements of task, especially the importance showed the highest rate with 2.83 for the task of airway management and the cervical immobilization during "the primary assessment", and the frequency showed the highest rate for questioning the past case of the task of grasping the patients' history. 5) In the "emergency care", "the management of the heart attacked patients" and "the advanced cardiac life support" showed a high rate in the importance, whereas the frequency showed a very low rate. The high rate of frequency during the emergent task was the management of "musculoskeletal system injury patients" and of "the gastro-intestinal and urinary genital system injury patient support." In care of the patients with heart attack, the management of the airway showed the highest rate with 2.95, whereas the management of alcoholic abused patients and of dying patients, showed comparatively lower rate of assessment in the importance. The frequency of tasks showed the highest rate with 2.69 in the control of bleeding and the lowest with 0.47 in the management of abnormal delivery of child. 6) As to the patient transport, "the emergency transport" showed the highest rate with 2.74 and the unemergent transport with 2.55 in the importance, and the task importance at hospital showed the highest rate with 2.89 in managing the cardio-pulmonary resuscitation and with 2.60 in identifying the patient state. 7) Of all the tasks related with "operational task", the high importance was to "educate for the management of the first responder", but the frequency of tasks mostly showed a low rate and "receiving and responding to a call" showed relatively a high rate of importance and frequency. And related with "the self-development", "the health care management" and "the stress control" on working spot showed a high rate, but the frequency mostly showed a low rate.

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Occurrence and Deformation of Fe-Ti ores from the Proterozoic Hadong Anorthosites, Korea (원생대 하동회장암체 내 철-티탄 광체의 산상과 변형)

  • Jung, Jae-Sung;Kim, Jong-Sun;Cho, Hyeong-Seong;Song, Cheol-Woo;Son, Moon;Ryoo, Chung-Ryul;Chi, Sei-Jeong;Kim, In-Soo
    • The Journal of the Petrological Society of Korea
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    • v.19 no.1
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    • pp.31-49
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    • 2010
  • Nearly NS-trending Fe-Ti ore bodies intermittently occur in the Hadong anorthosites, south Korea, irrespective of the rock types of the anorthosites. In order to determine their occurrence mode and deformation history, we collected the features of occurrence and geological structures in the field, petrographic features using thin sections of the principal constituent rocks, and geochemical data of ilmenites in the ore body using electron probe microanalysis. Fe-Ti ore bodies examined in this study are divided into two types: dike- and lamina-types. It is steadily supported that the dike-type has intruded into the anorthositic rocks after their emplacement and solidification. And the laminar-type is probably a result of the mylonitization and transposition of the dike-type ore bodies parallel to the shear planes, due to later strong dextral ductile shearing. In the meantime, the Fe-Ti ore bodies have experienced the stronger dextral shearing in the more northern part of the study area, i.e. Cheongryong-ri, Wolhoeng-ri, Jonghwa-ri, and Jayangri and Baekun-ri in ascending order of its strength, together with the less content of $TiO_2$. All ilmenites of the ore bodies have very similar chemical composition, as pure ilmenite of 52~55 wt.% in $TiO_2$ content, irrespective of the occurrence mode and degree of later ductile shearing of the ore bodies. And they didn't experience to exsolve into magnetite. The structural data indicate that the Hadong anorthosites have deformed by NNE-trending folding, intrusion of the Fe-Ti ore bodies, NNW~NNE-trending dextral ductile shearing, NW~NNW-trending sinistral semi-brittle shearing, and intrusion of NNE~NE-trending mafic dykes in descending order of chronology after the formation of foliation of the anorthositic rocks. The foliation is interpreted as a result of the accumulation of crystals that settle out from the magma by the action of gravity.

A Study of the Current State of the Garden and Restoration Proposal for the Original Garden of Yi Cheon-bo's Historic House in Gapyeong (가평 이천보(李天輔) 고가(古家)의 정원 현황과 원형 복원을 위한 제안)

  • Rho, Jaehyun;Choi, Seunghee;Jang, Hyeyoung
    • Korean Journal of Heritage: History & Science
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    • v.53 no.4
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    • pp.118-135
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    • 2020
  • It is not uncommon in Korea to see the structure and function of a garden remain intact as well as its form. Yi Cheon-bo's Historic House (Gyeonggi-do Cultural Heritage Item No. 55), located in Sang-myeon, Gapyeong-gun, Gyeonggi-do, is considered an example of very valuable garden heritage, although its family history, location, and remaining buildings and natural cultural assets are not fully intact. Along with Yi Cheon-bo's Historic House, this study attempted to explore the possibility of restoration of the forest houses and gardens by highlighting the high value of Yi Cheon-bo's Historic House through research into the typical layout of private households in northern Gyeonggi Province and Gapyeong County, comparative review of aerial photographs from 1954, and interviews with those involved. The results of the study are as follows: In this study, the presence of Banggye-dongmun and Bansukam in the Banggyecheon area, where the location of the garden was well-preserved, was examined across the landscape of the outer garden, while the location of Yi Cheon-bo's Historic House, the appearance of feng shui, and the viewing axis were considered. Also, the appearance of the lost main house was inferred from the arrangement and shape of the Sarangchae and Haengrangchae that remain in the original garden, and the asymmetry of the Sarangchae Numaru and the hapgak shape on the side of the roof. In addition, the three tablets (Pyeonaeks) of Sanggodang (尙古堂), Bangyejeongsa (磻溪精舍), and Okgyeongsanbang (玉聲山房) were used to infer the landscape, use, and symbolism of the men's quarters. Also, a survey was conducted on the trees that existed or existed in the high prices. Incidentally, it was confirmed that information on boards and cultural properties of Yeonha-ri juniper (Gyeonggi-do Monument No. 61) was recorded to a much lesser extent than the actual required standard, and the juniper trees remaining in the front of Haengrangchae should also be re-evaluated after speculation. On the other hand, as a result of estimating the original shape as a way of pursuing completeness of the garden through restoration of the lost women's quarters and shrine, it is estimated that the main house was placed in the form of a '口' or a 'be warped 口' on the right (north) side of the men's quarters. By synthesizing these results, a restoration alternative for Yi Cheon-bo's Historic House was suggested.

Exposure Assessments of Environmental Contaminants in Ansim Briquette Fuel Complex, Daegu(I) - Effect zone of environmental pneumoconiosis and fugitive dust - (대구 안심연료단지 환경오염물질 노출 평가(I) - 환경성 진폐증 및 비산먼지 영향권역 -)

  • Jung, Jong-Hyeon;Oh, In-Bo;Phee, Young-Gyu;Nam, Mi-Ran;Hwang, Mi-Kyoung;Bang, Jin-Hee;Jeon, Soo-Bin;Lee, Sang-sup;Yu, Seung-do;KimS, Byung-Seok;Yoo, Seok-Ju;Lee, Kwan;Lim, Hyun-Sul
    • Journal of Korean Society of Occupational and Environmental Hygiene
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    • v.25 no.3
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    • pp.366-379
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    • 2015
  • Objectives: The objective of this study is to assess airborne particulate matter(PM) pollution and its effect on health of residents living near Ansim Briquette Fuel Complex in Daegu metropolitan region. Methods: The California Puff(CALPUFF) dispersion model, version 5.8, which can estimate the dispersion direction and range of airborn $PM_{10}$ was used to determine the possible areas affected by $PM_{10}$ pollutants emitted from Ansim briquette fuel complex. The CALPUFF modeling with 200 m grid-cell resolution was performed based on $PM_{10}$ emissions estimated from the amount of coal consumption in the fuel complex for four months in 2012. The Weather Research and Forecasting(WRF) fields were processed using CALMET to produce CALPUFF-ready meteorological inputs. Also, the distance from Ansim Briquette Fuel Complex to the residence of each environmental pneumoconiosis patient was analyzed. In addition, the affecting region of the pollutants emitted from briquette factories in Ansim Briquette Fuel Complex was determined. Results: CALPUFF modeling results showed that the highest concentrations of $PM_{10}$ were found near around the fuel complex. The modeled $PM_{10}$ distributions were characterized by significant decreases in concentration with distance from the complex. Seasonally, the highest concentration of $45{\mu}g/m^3$ was calculated in October which was mostly due to the distinct variation of amount of emission. Additional modeling with the maximum $PM_{10}$ emission of about 88 tons per year in 1986 showed that the highest concentration in October was nearly increased by 8 times than the concentration modeled with emission of 2010. As a result of medical examination and interviews for the residents in Ansim Briquette Fuel Complex and its surroundings, 8 environmental pneumoconiosis patients were found. These patients do not have occupational exposure and history. These patients have lived 0.3~1.1 km area in Ansim Briquette Fuel Complex and its surroundings. Conclusions: Airborne particles emitted from Ansim Briquette Fuel Complex can contribute to significant increase in $PM_{10}$ concentration in residential areas near around the complex. Especially, the residents near fuel complex may exposed to the pollutants emitted from the factories in Ansim Briquette Fuel Complex.

The Landscape Components Illustrated in Tea-drinking Pictures of the Joseon Dynasty (조선시대 다화(茶畵)에 나타나는 경관요소)

  • Choi, Mi-Young;Hong, Kwang-Pyo
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.30 no.1
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    • pp.39-45
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    • 2012
  • The purpose of this research is to look into the tea-drinking pictures of the Joseon Dynasty in order to find the unique landscape traits of tea-drinking spaces of the era. A number of tea-drinking pictures were drawn during the Joseon Dynasty period and in most cases, the names of the painters are stated as well. These factors make tea-drinking pictures a seminal source that illustrates the landscape traits of the last Dynasty of Korea. For those pictures contain the main components of landscape such as the tastes of 'Yangban'(noblemen), natural characters, and space traits. Since tea was first introduced in Korea during the Three Kingdom Period, tea-drinking culture has a long history in the country. There have been various studies about tea and many study results have been presented. Few research, however, have looked into tea culture from the point of landscape. Under the premise that tea-drinking pictures of Joseon Dynasty can be a cultural code that explains Korean tea-drinking culture, this thesis looked into those pictures from various angles and analyzed them in order to elucidate the attributes of scenery components of tea-drinking spaces that Koreans have forged and developed, and following results could be found. The Landscape components illustrated in tea-drinking pictures of the Joseon Dynasty can be divided into the element of architecture, the element of water, stone and plants. First, for the element of architecture, it was found that tea-drinking took place in anywhere in Korea without specific tea-drinking buildings or gardens unlike the case of Japan. This has to do with traits of Koreans who were not bound by formality and truly loved nature. Second, for the element of water, water contributed to making harmonious landscape. Third, for the element of stone, it was clear that stone had a practical role in providing comfortable place for lying and enjoying tea-drinking and scenery. Fourth, plants made elegant figure in the landscape and were planted in accordance with their inner meaning. Tea-drinking pictures of the Joseon Dynasty elucidates that when it comes to tea-drinking, Koreans were not obsessed with a formality of tea-drinking, or a set of tea ceremony, which is profoundly different with Japanese, and Koreans did not put a limit on a place for tea-drinking because for Koreans any place they sat could be a great place for tea-drinking.

Japan's excitement over the discovery of Gyeongju Geumgwanchong (Gold Crown Tomb) seen through high school textbooks published in 1922 during Japanese colonial period of Joseon (Korea) - Newly Excavated Artifacts of Gyeongju (濱田耕作: Kosaku Hamada) - (1922년 발행 고등보통학교 교과서를 통해 본 경주 금관총 발견에 따른 일본의 반응 - 경주의 신발굴품(濱田耕作: 하마다 코사쿠) -)

  • YOO, Woo Sik
    • Korean Journal of Heritage: History & Science
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    • v.55 no.1
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    • pp.199-222
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    • 2022
  • It has been 100 years since the excavation of Geumgwanchong (Gold Crown Tomb), a tomb that was accidentally discovered in Noseo-ri, Gyeongju at the end of September 1921 during Japanese colonial rule. Although it is known for its discovery, not only in the Korean Peninsula but also in Asia and beyond, the excavation report was published in Japanese and English by the Government-General of Korea in 1924 and 1928, three years after the excavation. TOMB "KINKANTSUKA" or THE GOLD CROWN TOMB at KEISHU, AND ITS TREASURES) was published as a series of books and picture books. The excavation report was prepared by Kosaku Hamada (濱田耕作), who was a member of the Ruins Investigation Committee of the Japanese Government-General of Korea (later became the President of Kyoto Imperial University, Kyoto, Japan), and Sueji Umehara (梅原末治), who was commissioned to investigate the remains of the Japanese Government-General of Korea. In this paper, the preface was written in July 1922, about half a year after the excavation of tombs, which was much earlier than the official reports, in the 'Korean and Chinese reading book (稿本 高等朝鮮語及漢文讀本 巻五)' by Hamada Kosaku (濱田耕作) for high school students in Korea, which was titled 'New Excavated Artifacts in Gyeongju (慶州의 新發掘品)' with a subtitle '絶大의 發見', a slightly awkward expression in Korean, but it means 'a very big discovery'. The meaning has been introduced as a single unit, emphasizing its significance in terms of the achievements of the excavation of Geumgwanchong, academic and archaeological discoveries, and cultural history in Korean language rather than Japanese language. Since the manuscript was written immediately after the excavation, the excitement as an archaeological researcher at the time of the excavation and expectations for future research can be read as it is. In this paper, I would like to introduce the voice of the excited field leader of the Japanese Government-General of Korea after the excavation of Geumgwanchong in 2022, the 100th anniversary of the writing. In addition, the process from the discovery of the tomb to the preparation of the report was summarized in one chronological table to make it easier to understand the series of flows.

Transmission of Pansori In Gwangju Region : A Case Study Of Gwangju Gwonbeon (광주권번을 통해 본 광주지역 판소리의 전승양상)

  • Lee, Myung Jin
    • (The) Research of the performance art and culture
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    • no.36
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    • pp.137-167
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    • 2018
  • As Gwangju Gwonbeon(meaning of a gisaeng call-office) was representative Gwonbeon in Honam area, it educated gugak(Korean traditional music) from the period of Japanese occupation to 1951, the year of foundation of Gwangju gugak center. As Gwangju Gwonbeon's later self, Gwangju gugak center was also an institution that local influentials interested in the education of gugak of Gwangju region cooperated and built. Therefore, Gwangju Gwonbeon should be considered when premodern and modern history of gugak in Gwangju is mentioned. However, the studies of Gwangju Gwonbeon as well as related studies are still thin. Previous researches related to Gwangju Gwonbeon are mostly focused on the operation and dance of Gwonbeon. However, Gwangju was a region where Pansori was invigorated. According to "Joseonmiinbogam", a record of gisaeng(Korean geisha) in 1918, gisaengs of Gwangju Gwonbeon were specialized in Pansori as compared with those of other regions. In addition, today, there are many master singers of Pansori heard by people, among persons who were educated and a lecturer in Gwangju Gwonbeon; therefore, their oral statement is important materials for understanding transmission of Pansori in Gwangju. Nevertheless, the relationship between Gwangju Gwonbeon and Pansori was not studied yet. Especially, oral statement of master singers of Pansori related to Gwangju Gwonbeon was collected partly, as a result, it is not recognized as valuable research materials. Foundation of Gwangju Gwonbeon and Gwangju gugak center became an important basis for education of Pansori as early private institute educating Korean classical musicians in Gwangju. And it is also meaningful as the trigger that gugak in Gwangju was begun in earnest. Therefore, the purpose of this study is reconstruct activities of master singers who worked in Gwangju Gwonbeon and Gwangju gugak center and is to examine transmission and value of Pansori in Gwangju from the period of Japanese occupation to 1973, collecting oral statement of master singers related to Gwangju Gwonbeon. Finally, this study might be helpful for expanding the interest in Pansori and activating related studies.

A Study of the Japanese Colonial Era Rock-Carved Seated Avalokiteśvara Statue at Ganghwa Bomunsa Temple (일제강점기 강화 보문사 마애관음보살좌상 연구)

  • Lee, Jumin
    • Korean Journal of Heritage: History & Science
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    • v.53 no.3
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    • pp.62-79
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    • 2020
  • The rock-carved seated Avalokiteśvara statue at Ganghwa Bomunsa Temple is a giant rock-carved Buddhist statue that was built in 1928 during the Japanese colonial era. Although it is a year-recorded Buddhist statue that occupies a prominent place in modern Korean Buddhist sculpture history, it has not been the subject of in-depth discussion due to weak research on modern Buddhist sculptures. In this study, to examine the various significant aspects of the rock-carved Seated Avalokiteśvara statue at Bomunsa Temple as a modern Buddhist sculpture, I have managed to determine its construction year, artificers, and patrons by deciphering the inscription around the rock-carved statue; in addition I have researched the effects of the rock shapes and landforms on the formation of the Buddhist statue by comparing and analyzing the points of view of both artificers and worshipers. I have also identified the specific circumstances of the time of construction from interviews with the descendants of artificers. A monk from Geumgangsan Mountain, Lee Hwaeung, took the role of sponsor and chief painter to construct the rock-carved seated Avalokiteśvara statue at Bomunsa temple. In the beginning of its construction in 1928, more than 100 donators jointly sponsored the construction of the statue. Gansong Jeon Hyoungphil sponsored alone at the time of the place of worship's expansion in 1938. Bomunsa Temple has been regarded as one of the top-three sacred places of Avalokiteśvara Bodhisattva together with Naksansa Temple in Yang Yang and Boriam in Nam Hae, due to the construction of the rock-carved statue. It took about three months to construct the statue. Lee Hwaeung drew a rough sketch and then Un Songhag and five masons from Ganghwa Island took part in the carving process. We can observe the line drawing technique around the rock-carved statue because the statue was carved based on the rough sketch of the monk painter. The aspect of Lee Hwaeung as a painter is revealed; therefore, we can identify the clue of painting pattern leading to Seogongchulyou- Hwaunghyoungjin- Ilonghyegag. The rock-carved seated Avalokiteśvara statue at Bomunsa Temple is a typical Avalokiteśvara that wears a jeweled crown and holds Kundica. It makes a strong impression as it has a big square-shaped face and a short neck and is unsophisticated in general. The artificers solved the issue of visual distortion of the rock-carved statue caused by carving on a 10-meter high and 40-degree sloping rock by controlling motion to its maximum, omitting detailed expression by emphasizing symmetry, and adjusting the head-to-body proportion to be almost one-to-one. In this study, especially, I presume the unified form of sacred sculptures and Buddhist altars, without making a Buddhist altar like the rock-carved seated Avalokiteśvara statue at Bomunsa Temple, to be a key characteristic of modern Buddhist sculptures. Furthermore, I make newly clear that the six letters of Sanskrit carved on nimbus, which had been interpreted as a Six-Syllable Mantra, are a combination with Jeongbeopgye and Sabang Mantras. In addition, three iron rings driven on eaves rock were used as a reference point, and after construction they were used as a decoration for the Bodhisattva with hanging wind chimes.

The study examined characteristics of 20 patients who visitied Kongju (비만환자(肥滿患者) 20명(名)에 대(對)한 임상적(臨床的) 연구(硏究))

  • Park, Tae Gyun;Lee, Byung Ryul
    • Journal of Haehwa Medicine
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    • v.11 no.1
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    • pp.137-149
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    • 2002
  • Dong-Eui-Bo-Gham Oriental medicine clinic on the purpose of losing their weight, from March 1, 2001 to March 1, 2002. The characteristics studied were gender, average weight, average height, distribution of body fat rate, base body metabolism rate, distribution of bmi, purpose of losing weight, treatment history, cause of gaining weight, clinical symptoms, distribution of Sahsang constitution, and change of body constituent. The conclusions drawn from this study were: 1. Among patients who came to the clinic for weight loss, there were 16 females (80%), and 4 males (20%). The ratio of gener was 1 to 4 (male to female) The distribution of their ages were 1 in one's teens (5%), 6 in their 20s (30%), 7 in their 30s (35%), and 6 in their 40s (30%). 2. The average weight of the patients was 72.155kg, and their average height was 163.2 cm. 3. The body fat rates of patients were distributed as: 2 were below 25 (10%), 3 were 25 to 30 (15%), 8 were 30 to 35 (40%), 5 were 35 to 40 (25%), and 2 were 40 to 45 (10%). 4. The base body metabolism rates of the patients were distributed as: 1 was below 1000Kcal (5%), 6 were 1100 to 1200Kcal (30%), 5 were 1200 to 1300Kcal (25%), 6 were 1300 to 1400Kcal (30%), and 2 were 1400 to 1500Kcal (10%). 5. The distribution of the patients bmi was: 4 were below 20 (20%), 5 were 20 to 25 (5%), 11 were 25 to 30 (55%), and 4 were 30 to 35 (20%). 6. The patients visited the clinic to lose their weight for the follwoing purposes: 5 were related to health concerns (25%), and 15 were to imprve their physical apprearnce (75%). Among patients who wanted to lose their weight becase of health concerns, 4 were married (20%) and 1 was single (5%). Among patiens who wanted to lose their weight to improve their physical appearance, 6 were married (30%) and 9 were single (45%). 7. As for the past treatment methods, physical exercises were most frequently used (19 patiens, 43%). 14 tried diet (32%), 8 used food substitues (19%), 1 was treated through Western medicine, and 1 was not related to any of these (2%). 8. Main reasons for weight gains were: 12 were related to overeating (40%), 10 were stress (33%), and 8 were lack of physical exercise (27%). 9. Physical symptoms included: 15 were fatigue (29%), 14 were constipation (26%), 13 were body swelling (25%), 3 were headache (5%), menstruation pain (4%), one was stomach upset (2%), 2 were related to physical structure, and 2 were related to other (4%). 10. As for the distribution of Sahsang constitution, 10 were Taeum (50%), 9 were Sohyang (45%), and 1 was Sohum (5%). 11. The average muscle weight was 44.87kg, average abdomen fat rate was 0.8999, and average base body metabolism rate was1369.2Kcal. 12. For the 5-week period, The body fat rate changes were 35.93 1.56% to 30.40 1.98% for A group, and 34.27 1.19% to 31.73 1.38% for B group. The abomen fat rate changes were 0.90 0.02% to 0.86 0.03 for A group, and 0.89 0.02% to 0.83 0.02% for B group. The body fat weight changes were 26.92 2.04kg to 20.74 1.98kg for A group, and 27.86 3.37kg to 24.58 3.02kg for B group. The body weight chages were 72.36 3.18kg to 64.54 2.55kg for A group, and 72.48 3.14kg to 67.74 3.11kg for B group. The muscle rate changes were 43.86 1.63kg to 43.10 1.76kg for A group, and 42.72 1.22kg to 41.60 1.86kg for B group. Overall, A group was superior to B group. 13. After being treated for obesity, 13 patients used exercise treatment (65%), 5 continued to receive obesity treatment (25%), and 2 used diet (10%). Based on these results, we could conclude that the importande of setting a criterion of obesity and weight control have changed according to changes in social and cultural values, and that treatment of obesity through Oriental medicine and research should keep up with changes in esthetic and psychological values.

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A Legislative Study on the Plans for its Improvements and Problems of the Lien in the Real Estate Auction (부동산경매에서 유치권의 문제점과 개선방안에 대한 입법론적 검토)

  • Jun, Jang-Hean
    • Journal of Legislation Research
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    • no.41
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    • pp.261-302
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    • 2011
  • A lien is the right to possession the thing until receiving repayment of its bonds in some cases that the property of other person or the occupant for marketable securities receive the bond that has occurred on that property or marketable securities. This has own purpose to break 'principle of creditor equality' to protect especially the bond of the subject occupant in terms of justice. These lien on our civil law come according to the law in prepared certain requirements. However, an incomplete real rights granted by way of security that does not have a preferential performance right or seniority on the exchange value of the object suffer from the problems a lot in the real estate auction process because of the feature that is not announced in the register unlike the mortgage. In addition, the lien of real estate is not lapsed in an auction process. There is no preferential performance righ in a positive law as providing that can oppose to the buyer(a successful bidder) until received repayment the secured bond price to be compliant with the lien(Civil Case Execution Law the 91st clause of Article 5). However, as asserted the super preferential performance righ to a buyer in real terms, acts as primary cause of breaking unexpected loss and according unfair law relation to a senior mortgagee and seizor, etc. and the principles of the creditors equality to the persons concerned in other words, the principles of justice. All of these issues are the establishment of the lien and theory conflict on the effects. In spite of the fluctuations of a real right about real estate is announced as a registration by the current law, only the lien come into unclear announcement means for possession. In addition, Civil Case Execution Law argument is caused by the adoption abernahmeprinzip about the lien (Civil Case Execution Law the 91st clause of Article 5). Therefore, this paper was examined briefly the significance and purpose, history and law-making examples of each country and the valid requirements and effect of the lien that is basic principle of law about the lien system above all. And then, it will be reviewed the improvement plan for de lege ferenda to improve the issues about this after reviewing the objection, theory and judicial precedent about opposing power and preferential performance right of the lien in the real estaKey Words : Lien, Oppose Power, Mortgage right, Preferential Performance right, Seizure, Real Estate Auction, Lien who can not Opposing against Successful Bidder, Lien who can Oppose against Successful Bidder, Possessionte auction that is a fundamental problem on requirement and effect of the lien.