• Title/Summary/Keyword: property rule

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Medicolegal Study on Human Biological Material as Property (인체 유래 물질의 재산권성에 대한 의료법학적 고찰)

  • Lee, Ung-Hee
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.455-492
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    • 2009
  • (Background) Recent biotechnological breakthroughs are shedding new lights on various ethical and legal issues about human biological material. Since Rudolph Virchow, a German pathologist, had founded the medical discipline of cellular pathology, issues centering around human biological materials began to draw attention. The issues involving human biological materials were revisited with more attention along with series concerns when the human genome map was finally completed. Recently, with researches on human genes and bioengineering reaping enormous commercial values in the form of material patent, such changes require a society to reassess the present and future status of human tissue within the legal system. This in turn gave rise to a heated debate over how to protect the rights of material donors: property rule vs. no property rule. (Debate and Cases) Property rule recognizes the donors' property rights on human biological materials. Thus, donors can claim real action if there were any bleach of informed consent or a donation contract. Donors can also claim damages to the responsible party when there is an infringement of property rights. Some even uphold the concept of material patents overtaking. From the viewpoint of no property rule, human biological materials are objects separated from donors. Thus, a recipient or a third party will be held liable if there were any infringement of donor's human rights. Human biological materials should not be commercially traded and a patent based on a human biological materials research does not belong to the donor of the tissues used during the course of research. In the US, two courts, Moore v. Regents of the University of California, and Greenberg v. Miami Children's Hospital Research Institute, Inc., have already decided that research participants retain no ownership of the biological specimens they contribute to medical research. Significantly, both Moore and Greenberg cases found that the researcher had parted with all ownership rights in the tissue samples when they donated them to the institutions, even though there was no provision in the informed consent forms stating either that the participants donated their tissue or waived their rights to ownership of the tissue. These rulings were led to huge controversy over property rights on human tissues. This research supports no property rule on the ground that it can protect the human dignity and prevent humans from objectification and commercialization. Human biological materials are already parted from human bodies and should be treated differently from the engineering and researches of those materials. Donors do not retain any ownership. (Suggestions) No property rule requires a legal breakthrough in the US in terms of donors' rights protection due to the absence of punitive damages provisions. The Donor rights issue on human biological material can be addressed through prospective legislation or tax policies, price control over patent products, and wider coverage of medical insurance. (Conclusions) Amid growing awareness over commercial values of human biological materials, no property rule should be adopted in order to protect human dignity but not without revamping legal provisions. The donors' rights issue in material patents requires prospective legislation based on current uncertainties. Also should be sought are solutions in the social context and all these discussions should be based on sound medical ethics of both medical staffs and researchers.

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Design and Implementation of Spatial Association Rule Discovery System for Spatial Data Analysis (공간 데이터 분석을 위한 공간 연관 규칙 탐사 시스템의 설계 및 구현)

  • Ahn, Chan-Min;Lee, Yun-Seok;Park, Sang-Ho;Lee, Ju-Hong
    • Journal of the Korea Society of Computer and Information
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    • v.11 no.1 s.39
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    • pp.27-34
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    • 2006
  • Recently, the study about the technology which effectively manage spatial information is actively conducted. For the effective knowledge inquiry, various extended data mining methods are applied in spatial data mining. However, former spatial association rule system appears the problem that does not reflect various non-spatial property along the inquiries because it searches the rule from the calculation among predicates. To resolve the problem, present study suggests the system that extends the inquiries using in spatial database, searches the association rule among non-spatial object property after setting the data based on space information. Especially, the model which is applicable to geographical information system is embodied. Embodied system with this method enables to search more useful spatial association rule in real life since it shows high migration property with extended spatial database and considers spatial property and various non-spatial property.

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A Not on the Value Approximation of Fuzzy Systems Variables

  • Hong, Dug-Hun;Hwang, Seok-Yoon
    • Journal of the Korean Institute of Intelligent Systems
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    • v.3 no.4
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    • pp.21-23
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    • 1993
  • Under the maxmin compositional rule of inference which is used in applications while executing fuzzy algorithms, Pappis showed that the property of approximation is preserved. In this paper, we generalize a measure of proximity of fuzzy subsets on any set, without the restriction of finiteness. And it is shown that the same property of approximation if preserved under the supmin compositional rule of inference.

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A Study on the Maintenance and Management of Local Confucian School architecture in the 1910s (1910년대 향교(鄕校) 건축의 유지와 관리에 대한 연구)

  • Song, Hye-Young
    • Journal of architectural history
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    • v.30 no.6
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    • pp.23-32
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    • 2021
  • This study was described with a focus on the maintenance and management of Local Confucian School(Hyanggyo) architecture, centering around cases investigated through official documents written in the 1910s. In 1910, by the Japanese imperial rule, the regulations on Local Confucian School(Hyanggyo) property were enacted, and the income was paid solely to elementary school education expenses and ancestral rites. Through this process, many Local Confucian School(Hyanggyo) buildings were destroyed while only the space for ritual sacrifices remained by the Japanese colonial rule. In particular, as the land, which was the basis of Local Confucian School's property, was sold for various reasons, the finances gradually deteriorated. In addition, as the architectural acts that Local Confucian School preserves itself are restricted, it loses its original character. This study was of great significance that identified the intention to dispose of Local Confucian School(Hyanggyo) property by Japanese imperialism in the 1910s and clarified the purpose of its disposal.

A Study on Application for Custody in CIETAC Arbitration Rule (중국 CIETAC 중재규칙상의 보전신청에 관한 연구)

  • 윤진기
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.47-68
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    • 2004
  • The problems on application for custody in CIETAC Arbitration Rule are examined in this paper. First, The issue of jurisdiction for application for custody is arisen from the expansion of material jurisdiction of CIETAC. Until 1998, CIETAC had a jurisdiction only for the cases involving foreigners, but now, it has a jurisdiction not only for the cases involving foreigners but also for domestic cases. In the cases of arbitrating disputes involving foreigners, if the parties concerned apply for the preservation of property, CITEAC shall forward the application to and obtain a ruling from an intermediate people's court in the place where the object of the application resides, or where the property is located. But in the cases of arbitrating domestic disputes, if the parties concerned apply for the preservation of property, CITEAC shall forward the application to and obtain a ruling from an ground-level people's court in the place where the object of the application resides, or where the property is located. Therefore, "People's court" in article 23 of CIETAC Arbitration Rule includes both intermediate people's court and ground-level people's court in its meaning. Second, in the cases that the party concerned submits arbitration to CIETAC, it is not permitted for the party to ask the people's court for custody of property before submitting an arbitration. But there still can be the urgent cases that interests of the party concerned are at stake, and legitimate rights and interests of the party concerned may be damaged beyond remedy, if no application for custody of property is filed immediately. In that cases, even if the party may apply for custody of property with the people's court after submitting an arbitration, it might be too late to preserve property. Therefore, Chinese laws and rules have to be revised so that the party may ask the people's court for custody of property before submitting an arbitration. When revising laws and rules, according to the today's legislation trends, it must be considered that court and arbitration tribunal both have a right to decide the custody of property. When arbitration tribunal decides it, the procedural provisions executing it must be provided. It is also required that China permit to apply preservation of evidence as well as custody of property before submitting an arbitration. It is also strongly recommended that China permit custody of property or preservation of evidence even in the cases that an arbitration is submitted to the arbitration institute which is located in foreign country, not in China.

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Design of a SMC-type FLC and Its Equivalence

  • 최병재;곽성우;김병국
    • Journal of the Korean Institute of Intelligent Systems
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    • v.7 no.5
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    • pp.14-20
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    • 1997
  • This paper proposes a new design method for the SMC-type FLC and shows that a SMC-type LFC is an extension of the SMC with BL. The conventional SMC-type FLC uses error and change-of-error as inputs of the FLC and generates the absolute value of a switching magnitude. Then, the fuzzy rule table is constructed on a two-dimensional space of the phase plane and has commonly the skew symmetric property. In this paper, we introduce a new variable, signed distance, from the skew symmetric property of the rule table. And thd variable becomes only a fuzzy variable that is used to generate the control input of a SMC-type FLC. that is, we design a new SMC-type FLC that uses a signed distance and a control input as the variables representing the contents of the rule-antecedent and the rule-con-sequent, respectively. Then the number of total rules is reduced and the control performance is almost the same as that of the conventional SMC-type FLC. Additionally, we derive the control law of the ordinary SMC with BL from a new SMC-type FLC. Namely, we show that a FLC is an extension of the SMC with BL.

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Relationships between Guilty and Rule violation Acts (죄책감과 청소년의 규칙위반 행위와의 관계)

  • 하영희
    • Journal of Families and Better Life
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    • v.18 no.1
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    • pp.115-126
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    • 2000
  • The purpose of hisstudy was to explore effects of adolescents age sex and parental types on the types guilty and correlations between the Rule violation types and guilty types. A All of 698 middle school students and high school students in Pusan were administered Questionaires. The major findings of this study were as follows: Younger adolescents reported more guilty feelings than older adolescents in all types of guilty. Female adolescents reported more in selfish type guilty than males. Parental induction induced adolescents reported lower rates of violation in all types of rule violation than older adolescents. Male adolescents reported more violation in public related rule violation and property damage rule violation than females. There were negative relation between all guilty types and all Rule violation, These results were discussed and its implication and following study were suggested.

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Brief review of cancer treatment focused on JIJU(積聚) (적취(積聚)를 위주로 한 종양(腫瘍)의 치법(治法)에 관한 소고(小考))

  • Park, Jae-Hyun;Moon, Goo
    • Journal of Korean Traditional Oncology
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    • v.13 no.1
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    • pp.1-11
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    • 2008
  • Objectives: To grasp the traditional stream of cancer treatment inherited from the previous doctors. Methods: The author's research has been performed cancer treatment based on JIJU(積聚) taking the original text as a reference. Results & Conclusion: The general three outlines and five detailed rules of cancer treatment have been obtained as follows. The first outline of cancer treatment is that reinforced vital function makes cancer reduce naturally. the second is that Harmless cancer can coexist in human beings and aging with them. and the third is that Elimination and reinforcing therapies should be executed in appropriate era and those therapies should utilize appropriate methods. The first detailed rule of cancer treatment is when using reinforcing therapy, it must applicate mildly and when using elimination therapy, it must applicate calmly. The second detailed rule is that the methods of cancer treatment are different from each cancer stage. The concentration should be made on reinforcing therapy at early stage while reinforcing and elimination therapies must be conducted together at middle stage. At terminal stage reinforcing therapy is the sole method to be taken. The third detailed rule is that the basis property of cancer drug is warm nature and extremely biased property should be avoided and when complication arises (eg. inflamatory disease, cancer fever, etc), cold or cool nature can be applied. The fourth detailed rule is that Cancer drug must have the effect eliminating the blood stasis, phlegm and excessive fluid, all together. The fifth detailed rule is that Physicians have to control patient's stress or stress related symptom and teach patients about right way of taking care of themselves and patients should take hygienic rules with their free will by themselves (eg diet, exercise, stress, etc)

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Simplification of Covering Transformation into LL Grammars (LL 문법으로의 커버링 변환의 단순화)

  • Lee, Gyung-Ok
    • Journal of KIISE:Computer Systems and Theory
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    • v.37 no.6
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    • pp.319-322
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    • 2010
  • Extended PLR grammars are currently the largest subclass of LR grammars whose grammars are transformed into LL grammars satisfying covering property. This paper suggests a simplified covering transformation of the original covering transformation for extended PLR grammars. The proposed covering transformation reduces the original four rule types to the three rule types.

Simulation of Bone Fracture Healing by the Complex System Rule (복잡계를 응용한 인체 골절치료 모델링과 해석에 관한 연구)

  • 문병영;박정홍
    • Journal of the Korean Society for Precision Engineering
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    • v.20 no.12
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    • pp.198-204
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    • 2003
  • The bone fracture healing is simulated by using one of the complex system rules, named cellular automata method. It is assumed that each cell has property of Bone, Cartilage or Fibrous connective tissue. Nine local rules are adopted to change the property of each cell against the mechanical stimulus, which consists of the strain energy density, and the existence of bone in the surroundings. Two dimensional sheep metatarsal model is considered and the bone fracture healing is simulated. The simulation results agree well with those obtained by using fuzzy logic model and experimental data. The cellular automata method found to be one of the simulation methods to express the bone fracture healing. The cellular automata method is expected to be effective in representing biological phenomenon.