• Title/Summary/Keyword: legal knowledge

Search Result 308, Processing Time 0.026 seconds

A Study on the Main Issue and Its Solution Explored through Mediation Cases - Focused on the Cases of Busan National Labor Relations Commission - (조정사건을 통해 살펴본 주요 쟁점사항과 해결방안에 대한 연구 - 부산지방노동위원회의 사례를 중심으로 -)

  • Song, Kyung-Soo;Kim, Yong-Ho
    • Management & Information Systems Review
    • /
    • v.30 no.4
    • /
    • pp.253-292
    • /
    • 2011
  • This study is significant of groping for the autonomous perspective of a medication system for the establishment of harmonious regional labor-management relationship and investigating a plan to minimize previously labor disputes through both analyzing mediation cases and finding out any core issue from the labor-management relationship, with matters experienced in the mediation field when I had served as a mediator. Specially, this study has also objectives to prevent previously any labor dispute through analyzing and minimizing the issue of the labor dispute by case and to establish harmonious labor-management relationship thereby. Further since it is necessary to understand the organization and roles of the regional labor relations commission in order to understand the concrete matters in respect of the labor dispute mediation, this study shall be to explore in detail the matters relating hereto and to acquire general knowledge of mediation through case analysis. Additionally, there is little studies exploring alternative research for the establishment of reasonable labor-management relationship with core issues referred a mediation to the labor relations commission through both the position heightening of the labor relations commission and the analysis of core issues until now. Thus, this study may provide a theoretical base for raising a technique to enhance negotiation skill through acquiring the previous training or full knowledge on the approaching manner to be taken by the labor and management in the collective bargaining or wage bargaining on the basis of items analyzed by core issue. The heightening perspectives to be acquired through the analysis of 50 or more mediation cases are as follows. First, it deems to be important what position each mediation party takes. Second, the information acquired by an investigator in the preliminary investigation before holding the mediation is very importantly utilized in the mediation. Third, the gumption of mediators in charge of the mediation is very helpful for the resolution of a case. Fourth, it shall be preceding to understand dispute issues. After reviewing fully the investigation report of an investigator, if separate review is required, it is tried to hold a separate meeting and then reduce the number of issues asserted by the labor & management and, if the number of such issues is reduced, the mediation may approach to be concluded. Fifth, it shall be kept in mind that any matter other than the scope of the law be based on not the judgement of mediator but the legal interpretation. Sixth, it is necessary for both labor and management parties to take a positive approach so as to make the healthy labor & management relationship anchored. Seventh, notwithstanding the mediators are part-time and take a service attitude, it shall be encouraged to abstain from slandering or inveighing against the mediators because the mediation is taken against oneself. Eighth, it is necessary to convert the management's recognition about a labor union. Ninth, it is necessary to not raise any issue on the matters, such as time-off system and multiple labor union, etc., which are legally enforced. Tenth, it is confirmed that the regional labor relations commission plays a bridge role of narrowing down the issue difference between the labor and management.

  • PDF

On the Problem of Virtue in Confucian and Neoconfucian Philosophy (유학 및 신유학 철학에서의 덕의 문제)

  • Gabriel, Werner
    • (The)Study of the Eastern Classic
    • /
    • no.50
    • /
    • pp.89-120
    • /
    • 2013
  • The concept of virtue seems to be one of the rare cases where the European and the Chinese traditions coincide. The meaning of the Latin word virtus and of Greek $aret{\acute{e}}$ seems to be similar to the Chinese $d{\acute{e}}$德. Most striking in virtue is that it is a capacity for self-realisation through action which is unique to man. On the other hand, there is something physical about it. It is the strength to do something. This strength overcomes the resistance of what is naturally given, it transforms the world, turns the natural world into a human one. In the Chinese tradition, $d{\acute{e}}$ 德, i.e. virtue, is therefore always connected with $da{\grave{o}}$ 道, the totality of natural forces. In the Chinese tradition, as opposed to the European one, virtue is itself considered to be a natural force that is present in man. This force sustains man's connectedness, unity and harmony with the surrounding world. Things exist through the unity of principle理 and ether氣. But the knowledge of this unity is due to principle. Moral and legal norms are shifted totally to the sphere of principle. Therefore their have found the final dissolution from a heroic models. Above all the classical Confucians, but also the other schools, would reply to this that there is nothing more precise than a concrete successful action. Its result fits the world perfectly. The difference is due to the differing interest of ethical thought. In the case of the Confucians the path is more direct. The actor establishes a precise pattern for other actions. Education therefore lies in detailed knowledge about forms of behaviour, not so much in conceptual differentiation. It is quite possible that generalisation may be a methodical prerequisite for success in this endeavour. That problem, too, is discussed. But the success of conceptualisation lies in the successful performance of individual actions, not in shaping actions in accordance with normative concepts.

Professional Speciality of Communication Administration and, Occupational Group and Series Classes of Position in National Public Official Law -for Efficiency of Telecommunication Management- (통신행정의 전문성과 공무원법상 직군렬 - 전기통신의 관리들 중심으로-)

  • 조정현
    • The Journal of Korean Institute of Communications and Information Sciences
    • /
    • v.3 no.1
    • /
    • pp.26-27
    • /
    • 1978
  • It can be expected that intelligence and knowledge will be the core of the post-industrial society in a near future. Accordingly, the age of intelligence shall be accelerated extensively to find ourselves in an age of 'Communication' service enterprise. The communication actions will increase its efficiency and multiply its utility, indebted to its scientic principles and legal idea. The two basic elements of communication action, that is, communication station and communication men are considered to perform their function when they are properly supported and managed by the government administration. Since the communication action itself is composed of various factors, the elements such as communication stations and officials must be cultivated and managed by specialist or experts with continuous and extensive study practices concerned. With the above mind, this study reviewed our public service officials law with a view to improve it by providing some suggestions for communication experts and researchers to find suitable positions in the framework of government administration. In this study, I would like to suggest 'Occupational Group of Communication' that is consisted of a series of comm, management positions and research positions in parallel to the existing series of comm, technical position. The communication specialist or expert is required to be qualified with necessary scientific knowledge and techniques of communication, as well as prerequisites as government service officials. Communication experts must succeed in the first hand to obtain government licence concerned in with the government law and regulation, and international custom before they can be appointed to the official positions. This system of licence-prior-to-appointment is principally applied in the communication management position. And communication research positions are for those who shall engage themselves to the work of study and research in the field of both management and technical nature. It is hopefully expected that efficient and extensive management of communication activities, as well as scientific and continuous study over than communication enterprise will be upgraded at national dimensions.

  • PDF

A Study on the Construal Level and Intention of Autonomous Driving Taxi According to Message Framing (해석수준과 메시지 프레이밍에 따른 자율주행택시의 사용의도에 관한 연구)

  • Yoon, Seong Jeong;Kim, Min Yong
    • Journal of Intelligence and Information Systems
    • /
    • v.24 no.3
    • /
    • pp.135-155
    • /
    • 2018
  • The purpose of this study is to analyze the difference of interpretation level and intention to use message framing when autonomous vehicle, which is emerging as the product of 4th industrial revolution, is used as taxi, Interpretation level refers to the interpretation of a product or service, assuming that it will happen in the near future or in the distant future. Message framing refers to the formation of positive or negative expressions or messages at the extremes of benefits and losses. In other words, previous studies interpret the value of a product or service differently according to these two concepts. The purpose of this study is to investigate whether there are differences in intention to use when two concepts are applied when an autonomous vehicle is launched as a taxi. The results are summarized as follows: First, the message format explaining the gain and why should be used when using the autonomous taxi in the message framing configuration, and the loss and how when the autonomous taxi is not used. Messages were constructed and compared. The two message framing differed (t = 3.063), and the message type describing the benefits and reasons showed a higher intention to use. In addition, the results according to interpretation level are summarized as follows. There was a difference in intentions to use when assuming that it would occur in the near future and in the near future with respect to the gain and loss, Respectively. In summary, in order to increase the intention of using autonomous taxis, it is concluded that messages should be given to people assuming positive messages (Gain) and what can happen in the distant future. In addition, this study will be able to utilize the research method in studying intention to use new technology. However, this study has the following limitations. First, it assumes message framing and time without user experience of autonomous taxi. This will be different from the actual experience of using an autonomous taxi in the future. Second, self-driving cars should technical progress is continuing, but laws and institutions must be established in order to commercialize it and build the infrastructure to operate the autonomous car. Considering this fact, the results of this study can not reflect a more realistic aspect. However, there is a practical limit to search for users with sufficient experience in new technologies such as autonomous vehicles. In fact, although the autonomous car to take advantage of the public transportation by taxi is now ready for the road infrastructure, and technical and legal public may not be willing to choose to not have enough knowledge to use the Autonomous cab. Therefore, the main purpose of this study is that by assuming that autonomous cars will be commercialized by taxi you can do to take advantage of the autonomous car, it is necessary to frame the message, why can most effectively be used to find how to deliver. In addition, the research methodology should be improved and future research should be done as follows. First, most students responded in this study. It is also true that it is difficult to generalize the hypotheses to be tested in this study. Therefore, in future studies, it would be reasonable to investigate the population of various distribution considering the age, area, occupation, education level, etc. Where autonomous taxi can be used rather than those who can drive. Second, it is desirable to construct various message framing of the questionnaire, but it is necessary to learn various message framing in advance and to prevent errors in response to the next message framing. Therefore, it is desirable to measure the message framing with a certain amount of time when the questionnaire is designed.

Clinical review of Typhoid Fever Patients (장티브스에 관한 임상적 관찰)

  • 최정신
    • Journal of Korean Academy of Nursing
    • /
    • v.6 no.1
    • /
    • pp.60-71
    • /
    • 1976
  • The author reviewed the medical records of 96 typhoid fever patients who were diagnosed, admitted, and treated at Sea grave Memorial Hospital from January 1 , 1973 through August 31, 1975. Diagnosis was determined by clinical observation, aerology and bacteriology, eighty patients were treated medically, the remaining 16 patients required surgical intervention. The following results were obtained: 1) The age distribution of the patients revealed that 33.3% wert between 10 and 19 years old 21.9% were between 20 and 29, and 19.8% were between 30 and 39. The majority of patients were from these more active age groups. Male to female sex ratio was 1.3 : 1 2) Seasonal distribution was observed. Most illness occurred in the summer and autumn month 5. 3) 84. 3%of the patients came from farm families. 4) Duration between onset and admission averaged 16.0 days. The group without compilations was admitted after an average of 15. 1 days; The group with complications was ad-matted after an average of 19.4 days. 5) Methods of treatment before admission were as follows: 10.4% at medical clinics, 61, 5% at pharmacies (antibiotics 47.9%, other. drugs 13.5%), 7.3% by herb medications, 20.8% had no treatment. 6) Main clinical symptoms were as follows: fever 93.8%, headache 47.9%, abdominal pain 47.9%, chills 38.5%, cough 36.5%, general weakness 26.0%, nausea e vomiting 24.0% and generalized pain 21.9%. 7) Temperature of patients on admission: 22.9% were 39f or more, 67.6% were between 37℃ and 38℃, and 9.4% were 37℃ or less. 8) Occurrence of intensional bleeding after onset of disease averaged 9.3 days; perforation occurred at an average of 19. 1 days. 9) Interval between onset of major complication and surgical intervention averaged 2.8 days. 10) Among the 68 patients who underwent the bacteriological test the positive rate was 44.1% (30). The positive ,ales to, each separate culture method were as follows: 20.4% in the blood culture, 40.4% in the stool culture and 6.7% in the urine culture. Among these bacteriological positive patients 15 patients had a negative results or less than 160 titer of vidal reaction. 11) The initial vidal test of the total group showed a counts of 160 titer or more in 60.4% and less than 160 titer in 39.6%, 12) W. B. C. Counts in the uncomplicated group indicated that 32.5% were 6,000/㎣ or less, 47.5% were between 6,000 and 10,000, arid 20.0% were 10,000/㎣ or more. In the complicated group, 37.6% were 6,000/㎣ or less, 25,0% were 6,000-10,000/㎣ and 37.6% were 10,000/㎣ or more. 13) Duration of hospital stay of the patients averaged 6.4 days in the uncomplicated group and 12.7 days in the complicated group. 14) Subdiaphragmatic free air simple X-ray was found in 91.7% of the perforated cases. 15) Duration of antibiotic therapy until an febrile state was attained averaged 4.8 days in the uncomplicated group and 6.5 days in the complicated group. 16) Operative procedures were as follows: one layer simple closure of their perforation with or without debasement in 56.3%, drainage only in 6.3%, small bowel resection with primary anastomosis in 18.8% , externalization in 6.3%, cholecystectomy in 6.3%, The clinical findings of this study suggest the following recommendations. According to Top's report; 1% of typhoid fever patients treated with chlorarnphenicol and 2% of patients treated with other drugs become chronic carriers. Therefore, importance should be given to the strict control of these carriers. Immunization, improvement of sanitation and living standards are all needed for the prevention and treatment of disease, but a more serious problem is a lack of knowledge on the part of patients and their families. Thus it is most urgent to enlighten the citizens about the transmission and hygiene related to contagious disease. Legal restriction of sale of antibiotics at drug stores without a physician's prescription is an urgent matter for public health administrators. An even more important nursing responsibility is the reemphasis on health education both in the clinical setting and in the home.

  • PDF

Analysis of a Cross-cutting Issue, 'Access to Genetic Resources and Benefit-sharing' of the Conference of the Parties to the Convention on Biological Diversity (생물다양성협약 당사국회의의 핵심논제인 '유전자원에 대한 접근과 이익의 공유'에 관한 고찰)

  • Park, Yong-Ha
    • Journal of Environmental Policy
    • /
    • v.6 no.1
    • /
    • pp.41-60
    • /
    • 2007
  • Attempts were made to define the elements of debates, impact of decisions of the Access to Genetic Resources and Benefit-sharing(ABS) of the Conference of the Parties(COP) to the Convention on Biological Diversity(CBD) In Korea. Providing policy suggestions to cope with ABS, a cross-cutting issue of the meetings of the COP, was also undertaken. Meetings concerning ABS deal with several key matters such as an international regime, which is a legally binding implementation tool of the Bonn Guidelines, an international certificate of genetic resources' origin/source/legal provenance, and disclosure of origin of genetic resources, compliance measures with prior informed consent of the Contracting Parties providing such resources and with mutually agreed terms on which access was granted. Developing countries, rich in biodiversity and genetic resources, use the CBD as a major tool to maximize their national profits. They demand for national sovereign rights for the genetic resources and indigenous communities providing associated traditional knowledge. At the meetings of the COP, in addition, they requested that developed countries should transfer technologies and provide a financial mechanism for resource conservation to them. On the contrary, the developed countries argue that facilitating access to genetic resources is essential for scientific research and development, and that both Intellectual Property Rights and biotechnology using genetic resources should be protected to maximize their national benefits. Decisions of the COP concerning the Bonn Guidelines and compliance measures with ABS will affect on various socioeconomic fields of Korea, a country which is short of genetic resources. Especially, the importation of genetic resources and land development which might damage genetic resources will be limited seriously. Consequently, overall expenses will increase for the securing genetic resources from the foreign countries and developing biotechnology for conservation and sustainable uses of genetic resources. To minimize the adverse impacts, we endeavor to establish our clear standpoint and to lead the international trends, which are favorable for us. In order to achieve these objectives, government needs i) to proceed researches to lead the international ABS debates actively and to prepare the expected decisions of the future meetings of the COP, ii) to establish a national implementation plan to cope with the ABS and its related decisions, iii) to examine and improve the efficiencies of the national implementation plan with a proper monitoring system, and iv) cope with the other international meetings including the meetings of Trade Related Intellectual Properly Rights and International Treaty on Plant Genetic Resources for Food and Agriculture actively.

  • PDF

Usefulness of Data Mining in Criminal Investigation (데이터 마이닝의 범죄수사 적용 가능성)

  • Kim, Joon-Woo;Sohn, Joong-Kweon;Lee, Sang-Han
    • Journal of forensic and investigative science
    • /
    • v.1 no.2
    • /
    • pp.5-19
    • /
    • 2006
  • Data mining is an information extraction activity to discover hidden facts contained in databases. Using a combination of machine learning, statistical analysis, modeling techniques and database technology, data mining finds patterns and subtle relationships in data and infers rules that allow the prediction of future results. Typical applications include market segmentation, customer profiling, fraud detection, evaluation of retail promotions, and credit risk analysis. Law enforcement agencies deal with mass data to investigate the crime and its amount is increasing due to the development of processing the data by using computer. Now new challenge to discover knowledge in that data is confronted to us. It can be applied in criminal investigation to find offenders by analysis of complex and relational data structures and free texts using their criminal records or statement texts. This study was aimed to evaluate possibile application of data mining and its limitation in practical criminal investigation. Clustering of the criminal cases will be possible in habitual crimes such as fraud and burglary when using data mining to identify the crime pattern. Neural network modelling, one of tools in data mining, can be applied to differentiating suspect's photograph or handwriting with that of convict or criminal profiling. A case study of in practical insurance fraud showed that data mining was useful in organized crimes such as gang, terrorism and money laundering. But the products of data mining in criminal investigation should be cautious for evaluating because data mining just offer a clue instead of conclusion. The legal regulation is needed to control the abuse of law enforcement agencies and to protect personal privacy or human rights.

  • PDF

Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)

  • Cho Dae-Yun
    • Journal of Arbitration Studies
    • /
    • v.14 no.1
    • /
    • pp.273-314
    • /
    • 2004
  • There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

  • PDF

The Judgment of Criminal Liability and Psychiatric Evaluation for Mentally Defective Person (정신장애자의 형사책임능력 판단과 정신감정)

  • Jung, Yong-Gi
    • Korean Security Journal
    • /
    • no.43
    • /
    • pp.177-204
    • /
    • 2015
  • The Korean Criminal Code ${\S}10$ (1) provides that "The act of a person who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punished". Therefore, it'll not be able to be given criminal punishment if a mentally defective person is determined to lack the criminal liability. The problem about judging the criminal liability for the mentally defective person exists in areas where the criminal law intersects with psychiatry. Although the supreme court ultimately judges whether the criminal liability by mental defectiveness exists or not, the judgment of mental defectiveness, which is biological element, needs psychiatric knowledge and it is no wonder to rely on this. In particular, a change is required in the procedure and contents of mental examination for a mentally defective person as implementation of the Civil Participation in Criminal Jury Trial. It is needed the improvement of procedure to submit more accurate mental examination and the result of it in order that jurors are able to understand the result of mental examination and make an decision. This is because jurors consisting of ordinary citizens take part in trial. For guaranteeing the precise result of mental examination in the criminal justice procedure, it is necessary to establish the pool of manpower consisting of psychiatrists or psychologists who have completed the specific educational programs about the criminal justice and legal psychiatry, and it is desired to carry out the psychiatric test with selecting appraisers who belong to a pool of manpower. Furthermore, it is required to draw up and submit the written appraisal of mental examination which is easy to be known because of considering the nonprofessional of jurors consisting of ordinary citizens in the Civil Participation in Criminal Jury Trial. In order to gain a fair verdict of the jury about whether mental defectiveness exists or not, it is recommended the prompt submission of the written appraisal of mental examination, the presentation of the written appraisal of mental examination summarizing the important contents, and making out the written appraisal of mental examination for jurors to understand it easily.

  • PDF

The Application of the Principle of "Preserving the Original Form" to Intangible Heritage and Its Meaning (무형문화재 '원형규범'의 이행과 의미 고찰)

  • Lee, Jae Phil
    • Korean Journal of Heritage: History & Science
    • /
    • v.49 no.1
    • /
    • pp.146-165
    • /
    • 2016
  • With the introduction of the system of recognizing masters of craft and performance skills in 1970, the principle of "preserving the original form," which was already in general use, was adopted as a legal principle in the Cultural Heritage Protection Act. While the concept "original form" can be related to tangible elements of heritage through the Act, the intangibility of craft and performance skills does not allow their pinpointing at a particular temporal period or the identification of a particular master from the past as the basis of an original form. Therefore, those craft or performance skills that are available at the point of recognition of relevant masters must serve as the basis of the original form for the intangible heritage concerned. This means that the principle of preserving the original form of intangible heritage has been implemented not based on a fundamental form of materiality, but rather on the craft or performance skills that may be held by a master at the time of his/her recognition as a "temporary original form." This principle has been observed through intangible heritage transmission and education policies for recognized masters and their trainees, contributing to establish an elitist transmission environment in which public were denied to join the education on intangible heritage. Even with policies guided by the principle of preserving the original form, designated craft and performance skills have been transformed contingent upon given social and environmental conditions, thus hindering the preservation of the original form. Despite the intrinsic limitations of the principle of preserving the original form when applied to intangible heritage, this principle has served as a practical guideline for protecting traditional Korean culture from external influences such as modernization and Westernization, and also as an ultimate goal for the safeguarding of intangible heritage, engendering actual policy effects. The Act on the Safeguarding and Promotion of Intangible Cultural Heritage that comes into effect in March 2016 takes the constantly evolving nature of intangible heritage into consideration and resultantly adopts a concept of "essential form" (jeonhyeong) in place of "original form" (wonhyeong). This new concept allows for any transformations that may take place in the environment surrounding the intangible heritage concerned, and is intended to mitigate the rigidity of the concept of "original form." However, it should be noted that "essential form," which is manifested as the unique significance, knowledge, and skills delivered by the intangible heritage concerned, should be maintained according to the guidelines and principles related to heritage conservation. Therefore, the new concept can be understood not as a rupture, but more as a continuum of the concept of "original form."