• Title/Summary/Keyword: human issues

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Legal Issues in Protecting and Utilitizing Medical Data in United States - Focused on HIPAA/HITECH, 21st Century Cures Act, Common Law, Guidance - (미국의 보건의료데이터 보호 및 활용을 위한 주요 법적 쟁점 -미국 HIPAA/HITECH, 21세기 치료법, 공통규칙, 민간 가이드라인을 중심으로-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.117-157
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    • 2021
  • This research reviewed the HIPAA/HITECH, 21st Century Cures Act, Common Law, and private Guidances from the perspectives in protecting and utilitizing the medical data, while implications were followed. First, the standards for protection and utilization are relatively clearly regulated through single law on personal medical information in the United States. The HIPAA has been introduced in 1996 as fundamental act on protection of medical data. Medical data was divided into personally identifiable information, non-identifying information, and limited dataset under HIPAA. Regulations on de-identification measures for medical information, objects for deletion of limited data sets, and agreement on prohibition of data re-identification were stipulated. Moreover, in the 21st Century Cures Act regulated mutual compatibility for data sharing, prohibition of data blocking, and strengthening of accessibility of data subjects. Common Law introduced comprehensive consent system and clearly stipulates procedures. Second, the regulatory system is relatively simplified and clearly stipulated in the United States. To be specific, the expert consensus and the safe harbor system were introduced as an anonymity measure for identifiable medical information, which clearly defines the process while increasing trust. Third, the protection of the rights of the data subject is specified, the duty of explanation is specified in detail, while the information right of the consumer (opt-out procedure) for identification information is specified. For instance, the HHS rule and FDA regulations recognize the comprehensive consent system for human research, but the consent procedure, method, and requirements are stipulated through the common rule. Fourth, in the case of the United States, a trust-based system is being used throughout the health and medical data legislation. To be specific, Limited Data Sets are allowed to use in condition to the researcher's agreement to prohibit re-identification, and de-identification or consent process is simplified under the system.

A The Visualization of Semantic Context in the Film (영화 <이다>에 나타난 의미적 맥락의 시각화)

  • Kim, Tae-Kyue;Kim, Kyu-Nam
    • Journal of Korea Entertainment Industry Association
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    • v.15 no.8
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    • pp.145-159
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    • 2021
  • is a contemporary experimental film that forms ambiguity in the narrative and the psychological motivation of the characters, destroys linear temporality, and reminds of manipulation possibilities in digital images through varied techniques, and it carries implication by the fact that the transformation process of human subjects and self-awareness are connected to social trauma and makes way to infer by comparing it to the historical contexts of other nations or societies. centers on the space outside the screen, absent space, and the intrinsic meaning within the space and the frame and shares the information in the visible space and the space outside the screen and arouses an active perceptual process so that the audience can deduce the information that is not presented. The film visualized the historical meaning without describing the background of the times in detail and aimed to express the conflicts and worries between the god, a transcendental existence, with humans, which are marginal beings, within the conflicting structure among humans. Moreover, attempted to resolve the sadness of loss and absence through the spatial aesthetics and the film presented the progression of the situation through the contrast of the characters and also the comparison between light and darkness. This study intends to make an attempt of interpreting the realm involving personal (characters) stories and the social and historical backgrounds together with the religious sphere and discuss the visualization of the semantic context. In addition, this study analyzed the sequence of the scenes in , which reconstructs identity and historical cases and religious values to observe the meaning and characteristics and closely analyze the general meaning pursued by the film. discussed the issues of trauma that individuals, regions, and nations confront as a representation and interpretation of the trauma connoted in the film, and consideration can be provided about the implication concerning the situation and context in South Korea. Furthermore, the film placidly discusses the growth and agony in humans and the society without expressing it excessively, so it will be a valuable research result to inspire the trend of creating films that incorporate new imaging technology and original visualization techniques.

Criminal Law Issues in Epidemiological Investigations Under the INFECTIOUS DISEASE CONTROL AND PREVENTION ACT (감염병의 예방 및 관리에 관한 법률상 역학조사와 관련된 형사법적 쟁점)

  • Jang, Junhyuk
    • The Korean Society of Law and Medicine
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    • v.23 no.3
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    • pp.3-44
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    • 2022
  • As a result of a close review focusing on the case of obstruction of epidemiological investigation by a religious group A in Daegu, which was a problem when the pandemic of Covid-19 infection began in Korea around February 2, 2020, when an epidemiological investigator requested a specific group to submit a list, While there have been cases where an act of not responding or submitting an edited omission list was sentenced to the effect that the act did not fall under an epidemiological investigation, in the case of non-submission of the visitor list for the B Center, even though a 'list of visitors' was requested. Regarding the fact of refusal without a justifiable reason, 'providing a list of persons entering the building is a key factual act that forms a link between epidemiological investigations accompanying an epidemiological investigation, and refusing to do so is also an act of refusal and obstruction of an epidemiological investigation. There are cases where it is possible to demand criminal punishment. Regardless of whether the request for submission of the membership list falls under the epidemiological investigation, there are cases in which the someones' actions correspond to the refusal or obstruction of the epidemiological investigation. A lower court ruling that if an epidemiological investigation is rejected or obstructed as a result of interfering with factual acts accompanying an epidemiological investigation, comprehensively considering whether or not the list has been diverted for purposes other than epidemiological investigation, the logic is persuasive. Epidemiological investigations such as surveys and human specimen collection and testing are conducted for each infectious disease patient or contact confirmed as a result of the epidemiological investigation, but epidemiological investigations conducted on individual individuals cannot exist independently of each other, and the This is because the process of identification and tracking is essential to an epidemiological investigation, and if someone intentionally interferes with or rejects the process of confirming this link, it will result in direct, realistic, and widespread interference with the epidemiological investigation. In this article, ① there are differences between an epidemiological investigation and a request for information provision under the Infectious Disease Control and Prevention Act, but there are areas that fall under the epidemiological investigation even in the case of a request for information, ② Considering the medical characteristics of COVID-19 and the continuity of the epidemiological investigation, the epidemiological investigator the fact that the act of requesting a list may fall under the epidemiological investigation, ③ that the offense of obstructing the epidemiological investigation in certain cases may constitute 'obstruction of Performance of Official Duties by Fraudulent Means', and ④ rejecting the request for information provision under the Infectious Disease Control and Prevention Act from September 29, 2020 In this case, it is intended to be helpful in the application of the Infectious Disease control and Prevention Act and the practical operation of epidemiological investigations in the future by pointing out the fact that a new punishment regulation of imprisonment or fine is being implemented.

Type Variations of 'Stepmother' and 'Sister' in the Novels of Park Kyong-Ni and Their Meanings -Focused on Jaegwiyeol, Eunha, Kimyakgukeue Ddaldeul, Nabiwa Unggungkwi (박경리 장편소설의 '계모'·'자매' 유형 변화와 그 의미 -『재귀열』, 『은하』, 『김약국의 딸들』, 『나비와 엉겅퀴』를 중심으로)

  • Cho, Yun-A
    • Journal of Popular Narrative
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    • v.26 no.4
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    • pp.145-181
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    • 2020
  • This study analyzes type variations of the 'stepmother' and 'sister' in the full-length novels of Park Kyong-Ni and attempted to point out their meanings. The pattern of "negative stepmother" that appeared in classical and new novels also appeared repeatedly in Park Kyong-Ni's full-length novels and this was because a change took place in later full-length novels. Novels analyzed with focus were Jaegwiyeol(1959), Eunha(1960), Kimyakgukeue Ddaldeul(1962), and Nabiwa Unggungkwi(1969). The stepmother that appears in Eunha is a type that appears often in the classic and new novels of Korea. While the stepmother newly gained the role and status of 'mother', she forms a competitive relationship with the daughter of the former wife while still refusing to be a member of the family and she puts the former wife's daughter in critical situations by committing misdeeds. However, the young stepmother in Nabiwa Unggungkwi actually becomes a victim to the malicious and morbid harassment of the former wife's daughter. This stepmother is a good-natured figure who shows a sense of guilt for failing to fulfill her responsibilities of upbringing and education and she eventually dies as a victim to a bomb during the war, leaving her young biological daughter behind. On one hand, the sisters in Jaegwiyeol and Kimyakgukeue Ddaldeul are not strongly bonded but when one is caught in a crisis, the other one claims to be of help. Unlike this, the sisters in Nabiwa Unggungkwi have a bond that cannot be broken. They are half-sisters that bind each other so severely that they hinder each other's growth and they eventually end up disintegrating. Through such analyses, it is shown that issues of human nature are dealt with more acutely by breaking the 'young stepmother' away from convention by placing her in the position of the victim to amplify the conflicting relationship between sisters, unlike in previous pieces. This study was significant in that it looked into how previously repetitive character type changes appeared in full-length novels in conditions that clearly display the writer's determination to leave behind a masterpiece.

Chronopolitics in the Cinematic Representations of "Comfort Women" (일본군 '위안부'의 영화적 기억과 크로노폴리틱스)

  • Park, Hyun-Seon
    • Journal of Popular Narrative
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    • v.26 no.1
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    • pp.175-209
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    • 2020
  • This paper examines how the cinematic representation of the Japanese military "comfort women" stimulates 'imagination' in the realm of everyday life and in the memory of the masses, creating a common awareness and affect. The history of the Japanese military "comfort women" was hidden for a long time, and it was not until the 1990s that it entered the field of public recognition. Such a transition can be attributed to the external and internal chronopolitics that made possible the testimony of the victims and the discourse of the "comfort women" issue. It shows the peculiar status of the comfort women history as 'politics of time'. In the same vein, the cinematic representations of the Japanese military "comfort women" can be found in similar chronopolitics. The 'comfort women' films have shown the dual time frame of the continuity and discontinuity of the 'silence'. In Korean film history, the chronotope of the reproduction of "comfort women" can be divided into four phases: 1) the fictional representations of "comfort women" before the 1990s 2) documentaries in the late 1990s as the work of testimony and history writing, 3) melodramatic transformation in the feature films in the 2000s, and 4) the diffusion of media and categories. The purpose of this article is to focus on the first phase and the third phase in which the issue of 'comfort women' is represented in the category of popular fiction films. While the "comfort women" representations before 1990 were strictly adhering to the framework of commercial movies and pursued the sexual exploitation of "comfort women" history, the recent films since the 2000s are experimenting with various attempts in the style of popular imagination. Especially, the emergence of 'comfort women' feature films in the 2000s, such as Spirit's Homecoming, I Can Speak, and Herstory, raise various questions as to whether we are "properly" aware of issues and how to remember and present the "cultural memory" of comfort women. Also, focusing on the cinematic representation strategies of the 2000s "comfort women", this article discusses the popular politics of melodrama, the representation of victims and violence, and the feature of 'comfort women' as meta-memory. As a melodramatic imagination and meta-memory for the historical trauma, the "comfort women" drama shows the historical, political, and aesthetic gateways to which the "comfort women" problem must pass. As we have seen in recent fiction films, the issue of "comfort women" goes beyond transnational relations between Korea and Japan; it demands a postcolonial task to dismantle the old colonial structure and explores a transnational project in which women's movements and human rights movements are linked internationally.

The Problem of Theodicy in Daesoon Jinrihoe (대순진리회에서 신정론 문제)

  • Cha, Seon-keun
    • Journal of the Daesoon Academy of Sciences
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    • v.33
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    • pp.257-286
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    • 2019
  • This study aims to explain theodicy in Daesoon Jinrihoe using established theodicies. Theodicy in Daesoon Jinrihoe can be described as follows: within the worldview of Daesoon Jinrihoe, the problems of evil and suffering are better addressed by analyzing the problem of mutual contention. Accordingly, theodicy in Daesoon Jinrihoe is a matter which should be discussed only in regards to the time period known as the Former World and the transition period after the Reordering Works that leads up to the Later World. The Later World does not operate under patterns of mutual contention. Consequently, there will be no suffering. Therefore, issues of theodicy are irrelevant in the Later World. Theodicy should be dealt differently as it pertains to the Former World and the previously mentioned transition period. Daesoon Thought posits that there is an underlying principle presides over the cosmos, and the divine beings act in accordance with it and perform specific duties in their own subdivisions. The cosmic principle is able to contain cycles of both Sanggeuk ('mutual destruction' in general usage, but 'mutual contention' in Daesoon Thought related to the Former World) and sangsaeng ('mutual generation' in general usage and 'mutual beneficence' in Daesoon Thought related to the Later World). Suffering came into being due to mutual contention. However, mutual contention was not set into motion maliciously, but was arranged instead to facilitate the realization of greater values such as growth and development. In other words, mutual contention are not products of a moral value the nature of which is bad or wrong. Yet, since the world has operated under mutual contention from time immemorial, a nearly incalculably vast multitude of grievances have accumulated. In addition, the divine beings who had operated under mutual contention often made mistakes and spread confusion. This extreme situation resulted in tremendous disasters breaking out all over the world. Perhaps this particular theodicy could be named "Dualistic Sanggeuk Theology (Dualistic Theodicy of Mutual Contention)." After the divine beings reported to the Supreme God that the world had fallen into a serious crisis, the Supreme God penetratingly examined the circumstances of the world and then descended to Earth as a human being named Jeungsan. As Jeungsan practiced the Reordering Works of Heaven and Earth, the Great Opening was preordained by Him. As a result, the transition period started, and from that point onward, theodicy should be described differently. It is presumed that all creatures will be judged at the time of the Great Opening. This will result in the annihilation of all wicked beings including both divine beings and humans. There will also be the establishment of an earthly paradise as well as grievance resolution for all beings prior the Great Opening. This can also be called "The Eschatological Theodicy of the Resolution of Grievances." Theodicy in Daesoon Jinrihoe adopts the two theodicies mentioned above. In addition to that, various theodicies from other traditions such as Irenaean ("soul-making") Theodicy, Free Will Theodicy, Recompense Theodicy, Afterlife Theodicy, Karma Samsara Theodicy, theodicy of participation, and Communion Theodicy can all potentially be applied on a case by case basis.

Trend Analysis of Barrier-free Academic Research using Text Mining and CONCOR (텍스트 마이닝과 CONCOR을 활용한 배리어 프리 학술연구 동향 분석)

  • Jeong-Ki Lee;Ki-Hyok Youn
    • Journal of Internet of Things and Convergence
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    • v.9 no.2
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    • pp.19-31
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    • 2023
  • The importance of barrier free is being highlighted worldwide. This study attempted to identify barrier-free research trends using text mining. Through this, it was intended to help with research and policies to create a barrier free environment. The analysis data is 227 papers published in domestic academic journals from 1996 when barrier free research began to 2022. The researcher converted the title, keywords, and abstract of an academic thesis into text, and then analyzed the pattern of the thesis and the meaning of the data. The summary of the research results is as follows. First, barrier-free research began to increase after 2009, with an annual average of 17.1 papers being published. This is related to the implementation guidelines for the barrier-free certification system that took effect on July 15, 2008. Second, results of barrier-free text mining i) As a result of word frequency analysis of top keywords, important keywords such as barrier free, disabled, design, universal design, access, elderly, certification, improvement, evaluation, and space, facility, and environment were searched. ii) As a result of TD-IDF analysis, the main keywords were universal design, design, certification, house, access, elderly, installation, disabled, park, evaluation, architecture, and space. iii) As a result of N-Ggam analysis, barrier free+certification, barrier free+design, barrier free+barrier free, elderly+disabled, disabled+elderly, disabled+convenience facilities, the disabled+the elderly, society+the elderly, convenience facilities+installation, certification+evaluation index, physical+environment, life+quality, etc. appeared in a related language. Third, as a result of the CONCOR analysis, cluster 1 was barrier-free issues and challenges, cluster 2 was universal design and space utilization, cluster 3 was Improving Accessibility for the Disabled, and cluster 4 was barrier free certification and evaluation. Based on the analysis results, this study presented policy implications for vitalizing barrier-free research and establishing a desirable barrier free environment.

A Study on the Ethics of Reproduction in Alain Resnais's Film -Focusing on , , and (알랭 레네 영화로 본 재현의 윤리 연구 -<밤과 안개>, <히로시마 내 사랑>, <뮤리엘>을 중심으로)

  • Choi, Eun-Jeong
    • Journal of Popular Narrative
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    • v.25 no.1
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    • pp.393-425
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    • 2019
  • This paper focuses on Alain Resnais's representative works (1955), (1959), and (1963), and analyzes how he implements a representation of memory though cinematic apparatus. These three films deal with horrific memories that seem impossible to reproduce aesthetically such as the Holocaust, the Hiroshima Atomic Bomb, World War II, and the war in Algeria. The reappearance of events that stripped humans of even their minimum dignity can naturally be associated with ethical issues. These events can never be reproduced because they cannot be explained in the human language. It is also impossible to reproduce in a way that doesn't invade other peoples' sufferings, nor displays the pain of others as spectacles. Alain Resnais was a director who realized that if factual representation was not possible from the beginning, truthfulness would have to be approached through cinematic form. Therefore, he tries to overcome these problems through cinematic forms. First, he shifts to action films to avoid the obscenity of documentary. shows the records of camps captured by German forces in the past, while shows the pain of others in a fictional form of representation. Next, he describes how the trauma affects the identity of the main character through a flashback in , but also shows a main character who is experiencing trauma without a flashback in Flashbacks have the effect of showing the effects of trauma on the main character, but at the same time they involve the obscenity of enjoying the suffering of others. Nonetheless, the absence of flashbacks highlights the impossibility of representation. This is because it is not silent in the impossibility of representation but is constantly approaching. The attitude that repeatedly circles around impossibility is an ethical form that maximizes the impossibility of representation. In conclusion, this is the ethics of representation that Alain Resnais showed in his films.

Survey of Conflict of Interest in the Clinical Research for IRB Members and Researchers (임상시험심사위원회 위원과 연구자를 대상으로 임상연구에서 이해상충에 대한 설문조사연구)

  • Maeng, Chi Hoon;Kang, Su Jin;Lee, Sun Ju;Yim, Hyeon Woo;Choe, Byung-in;Shin, Im Hee;Huh, Jung-Sik;Kwon, Ivo;Yoo, Soyoung;Lee, Mi-Kyung;Shin, Hee-Young;Kim, Duck-An
    • The Journal of KAIRB
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    • v.2 no.1
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    • pp.23-31
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    • 2020
  • Purpose: To obtain opinions from Korean Institutional Review Board (IRB) members' self-evaluation on ability to conduct fairness review of clinical trial protocol with presence of conflict of interest and from investigators and IRB members on financial conflict of interest through surveying. Methods: IRB members and researchers in 9 different hospitals were asked to answer survey questions via email. Results: Responders were 115 personnel (IRB Chair/vice 18, medical member 30, non-medical member 28, and researcher 39) from 9 centers. Compared to IRB medical members, IRB chair/vice respondents scored higher with statistically significance on 10 point scale (8.44±1.381 vs. 7.30±1.685, p=0.005) when asked to self-evaluate fairness reviewing a protocol proposed by an investigator from the same department and a protocol from the company that supports the scientific committee of responders. When reviewing a protocol proposed by a hospital director, non-medical members scored statistically significantly higher than medical-members (7.47±1.76 vs. 8.07±2.70, p=0.034). When asked about the limitation of labor fee for principal investigator on phase 3 Human clinical trials of the Investigational new drug, while the responses range was wide, 60% answered that labor cost of principal investigator should be less than 30% of total budget for clinical trials with a budget of 100 million won. 51.3% answered that there is no need to disclose the labor cost of the principal investigator in the consent form. Since every investigator can be influenced unconsciously by conflict of interest, the answer that 'responder agrees that there is need for management' was the most chosen answer (IRB member 61.8%, investigator 64.1%, multiple answers allowed). Conclusion: Considering scores on questions of fairness by IRB members were between 7.23-8.56 on scale of 0 to 10 point when IRB members were asked about reviewing a clinical trial protocol, it cannot be said with absolute certainty that there is no issue regarding fairness in the review process. Therefore, there should be more ways to safeguard fairness for these issues. There is a need that the disclosure amount of honorarium from sponsor should be lower than 100 million Korean won. Considering the results of the survey in which respondents expressed their thoughts, it is likely that more education on the concept of conflict of interest is needed.

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A Study on type and characteristics of organization-related negative affect. (조직관련상황에서 구성원이 느끼는 불안 정서의 유형과 특성에 관한 연구)

  • Jong Dae Kim
    • Korean Journal of Culture and Social Issue
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    • v.21 no.4
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    • pp.617-647
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    • 2015
  • The purposes of this study was to develop a valid scale measuring organization-related anxiety and to use this scale to examine the relation of organizational anxiety to demographic variables, job satisfaction and organizational committment. A series of studies were conducted to develop a scale for organizational anxiety. Initially, the 97 items were adopted by expert ratings. A exploratory factor analysis with a sample of 435 workers yielded a preliminary version of organizational anxiety scale with 28 items. Subsequently, a confirmatory factor analysis was conducted with a sample of 566 workers, leaving 20 items. The final version of the organizational anxiety scale consisted of 4 sub-factors: perception of future uncertainty, perception of locus of control, interpersonal anxiety, and perception of alternatives. In this study, the examined demographic characteristics included sex, age, type of occupation, type of industry, occupational position, monthly income and educational level. Organizational effectiveness was composed of job satisfaction and organizational commitment. As mediators, organizational culture, life satisfaction, self efficacy, and social support were explored. The negative relationship was observed between organizational anxiety and organizational effectiveness. The results showed the significant differences in organizational anxiety by demographic characteristics. The mediators were explored for the relationship between organizational anxiety and job satisfaction and between organizational anxiety and organizational commitment. The negative relationship between organizational anxiety and job satisfaction was mediated by the group culture, the developmental culture, the rational culture, life satisfaction, self-efficacy, and social support. Individuals with the higher level of these mediators reported greater job satisfaction even if they experienced organizational anxiety. The partial mediation effect of the group culture, the developmental culture, the rational culture, life satisfaction, and social support was observed on the negative relationship between organizational anxiety and organizational commitment. These results implies that job satisfaction and organizational commitment can be improved with the interventions on organizational cultures, self-efficacy, and social support despite the presence of organizational anxiety. Based on these results, the implication and limitations of this study and the directions for future research discussed.