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A Study on the Clauses of the Work-Related Disease due to Overwork in the Workmen's Compensation Law (과로로 인한 업무상 질병의 산재보상 인정기준에 관한 연구)

  • Kim, Eun Hee
    • Korean Journal of Occupational Health Nursing
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    • v.6 no.1
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    • pp.23-43
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    • 1997
  • The work-related diseases due to continuous overwork are mainly cerebro- and cardio-vascular ones, which is commonly called 'Karoshi', death from overwork. Many factors are capable for Karoshi : occupational stress in relation to technological renovation and industrial rationalization, competitive social structure, and accumulated fatigue accured to long time or irregular working. And its occurence is on the rise. The World Labor Report 1993 released by ILO, pointed out the diseases related to overwork and stress as one of the most important occupational health problem. In Korea, social awareness of Karoshi is at an infant stage, and reliable statistics for its occurence are not compiled in a convenient manner. Despite the rising Karoshi, there are no reliable clauses in workmen's compensation enough to settle down the disputes. Therefore, it is not uncommon that the Labour Ministry and Civil Court find difficulties in reaching an agreement. This study was intended to provide proper compensation and prevention program for workers by suggesting reasonable compensation clauses for the death from overwork. This study consists of two comparative reviews on the compensaton clauses for the death from overwork. One is to review legal standards of Karoshi among three countries, such as Korea, Japan and Taiwan. The other is to investigate the cases of Karoshi in Korea, 121 cases identified at the Labor Welfare Corperation and the Labour Ministrial process of examination and reexamination, and 73 leading cases at the High Court of Justice. The main findings of the study are as follows : 1. Comparisons of comperative review on compensation clauses for the death from overwork among three countries. 1) All of three countries have the same kinds of disease for compensation, which were cerebro-and cardiao-vascular diseases, while for cardiac disease group, Korea has the smaller number of diseases for compensation than Japan. 2) As for the definition of overwork, the three countries share equally that overload for one week prior to collapse is considered as an important factor, but accumulated chronic fatigue is disregarded. 3) As the basis of overwork, in Japan, there is a tendency to move from the conditions of an ordinary healthy adult to those of the individual concerned in Japan, whereas there is no such concern yet in Korea. 4) All the three countries use a common standard of medical judgement in demonstrating causal relationship between a job and a disease. However, Korea is progressive in the sense that in the case of CVA at worksite, the worker himself has no obligation to prove the cause. 2. The results of a comparative review on excutive decisions by Labor Ministry and judicial decisions by the Court in Korea : A judicial decision is based on the legalistic probability, but a excutive decision is not. Therefore, excutive decisions have such restrictions that : 1) TIA (transitory ischemic cerebral attack) and myocarditis are excluded from compensation, and there is little consistency of decision in the case of cause-unknown death. 2) There is a tendency not to compensate for the death from overwork since the work terms such as repeated long-time working, shift work or night-shift work are not considered as overloading. 3) There is a tendency to regard the conditions of a ordinary healthy adult rather than those of the individual concerned(age, existing diseases, health state, etc.) as the comparative basis of overload. 4) There remains a tendency not to compensate for the death from overwork in the case of collapse occuring out of workplace, on the ground of 'on the course of working' and 'in the cause of accident'. Through the study, the fact manifests itself that Korea's compensation clauses for work-related diseases due to overwork are very restrictive. So, it is necessary to extend the Labor Ministry's clauses of compensation for the death from overwork following to the recent changes of other countries and internal judicial decisions. This is very important in the perspective of occupational health that aims at health promotion of workers including prevention of the Karoshi.

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"Liability of Air Carriers for Injuries Resulting from International Aviation Terrorism" (국제항공(國際航空)테러리즘으로 인한 여객손해(旅客損害)에 대한 운송인(運送人)의 책임(責任))

  • Choi, Wan-Sik
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.47-85
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    • 1989
  • The Fundamental purpose of the Warsaw Convention was to establish uniform rules applicable to international air transportation. The emphasis on the benefits of uniformity was considered important in the beginning and continues to be important to the present. If the desire for uniformity is indeed the mortar which holds the Warsaw system together then it should be possible to agree on a worldwide liability limit. This liability limit would not be so unreasonable, that it would be impossible for nations to adhere to it. It would preclude any national supplemental compensation plan or Montreal Agreement type of requirement in any jurisdiction. The differentiation of liability limits by national requirement seems to be what is occurring. There is a plethora of mandated limits and Montreal Agreement type 'voluntary' limits. It is becoming difficult to find more than a few major States where an unmodified Warsaw Convention or Hague Protocol limitation is still in effect. If this is the real world in the 1980's, then let the treaty so reflect it. Upon reviewing the Warsaw Convention, its history and the several attempts to amend it, strengths become apparent. Hijackings of international flights have given rise to a number of lawsuits by passengers to recover damages for injuries suffered. This comment is concerned with the liability of an airline for injuries to its passengers resulting from aviation terrorism. In addition, analysis is focused on current airline security measures, particularly the pre-boarding screening system, and the duty of air carriers to prevent weapons from penetrating that system. An airline has a duty to exercise a high degree of care to protect its passengers from the threat of aviation terrorism. This duty would seemingly require the airline to exercise a high degree of care to prevent any passenger from smuggling a weapon or explosive device aboard its aircraft. In the case an unarmed hijacker who boards having no instrument in his possession with which to promote the hoax, a plaintiff-passenger would be hard-pressed to show that the airline was negligent in screening the hijacker prior to boarding. In light of the airline's duty to exercise a high degree of care to provide for the safety of all the passengers on board, an acquiescene to a hijacker's demands on the part of the air carrier could constitute a breach of duty only when it is clearly shown that the carrier's employees knew or plainly should have known that the hijacker was unarmed. A finding of willful misconduct on the part of an air carrier, which is a prerequisite to imposing unlimited liability, remains a question to be determined by a jury using the definition or standard of willful misconduct prevailing in the jurisdiction of the forum court. Through the willful misconduct provision of the Warsaw Convention, air carrier face the possibility of unlimited liability for failure to implement proper preventive precautions against terrorist. Courts, therefore, should broadly construe the willful misconduct provision of the Warsaw Convention in order to find unlimited liability for passenger injuries whenever air carrier security precautions are lacking. In this way, the courts can help ensure air carrier safety and prevention against terrorist attack. Air carriers, therefore, would have an incentive to increase, impose and maintain security precautions designed to thwart such potential terrorist attacks as in the case of Korean Air Lines Flight No.858 incident having a tremendous impact on the civil aviation community. The crash of a commercial airliner, with the attending tragic loss of life and massive destruction of property, always gives rise to shock and indignation. The general opinion is that the legal system could be sufficient, provided that the political will is there to use and apply it effectively. All agreed that the main responsibility for security has to be borne by the governments. I would like to remind all passengers that every discovery of the human spirit may be used for opposite ends; thus, aircraft can be used for air travel but also as targets of terrorism. A state that supports aviation terrorism is responsible for violation of International Aviation Law. Generally speaking, terrorism is a violation of international law. It violates the soverign rights of the states, and the human rights of the individuals. I think that aviation terrorism as becoming an ever more serious issue, has to be solved by internationally agreed and closely co-ordinated measures. We have to contribute more to the creation of a general consensus amongst all states about the need to combat the threat of aviation terrorism.

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Mapping Categories of Heterogeneous Sources Using Text Analytics (텍스트 분석을 통한 이종 매체 카테고리 다중 매핑 방법론)

  • Kim, Dasom;Kim, Namgyu
    • Journal of Intelligence and Information Systems
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    • v.22 no.4
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    • pp.193-215
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    • 2016
  • In recent years, the proliferation of diverse social networking services has led users to use many mediums simultaneously depending on their individual purpose and taste. Besides, while collecting information about particular themes, they usually employ various mediums such as social networking services, Internet news, and blogs. However, in terms of management, each document circulated through diverse mediums is placed in different categories on the basis of each source's policy and standards, hindering any attempt to conduct research on a specific category across different kinds of sources. For example, documents containing content on "Application for a foreign travel" can be classified into "Information Technology," "Travel," or "Life and Culture" according to the peculiar standard of each source. Likewise, with different viewpoints of definition and levels of specification for each source, similar categories can be named and structured differently in accordance with each source. To overcome these limitations, this study proposes a plan for conducting category mapping between different sources with various mediums while maintaining the existing category system of the medium as it is. Specifically, by re-classifying individual documents from the viewpoint of diverse sources and storing the result of such a classification as extra attributes, this study proposes a logical layer by which users can search for a specific document from multiple heterogeneous sources with different category names as if they belong to the same source. Besides, by collecting 6,000 articles of news from two Internet news portals, experiments were conducted to compare accuracy among sources, supervised learning and semi-supervised learning, and homogeneous and heterogeneous learning data. It is particularly interesting that in some categories, classifying accuracy of semi-supervised learning using heterogeneous learning data proved to be higher than that of supervised learning and semi-supervised learning, which used homogeneous learning data. This study has the following significances. First, it proposes a logical plan for establishing a system to integrate and manage all the heterogeneous mediums in different classifying systems while maintaining the existing physical classifying system as it is. This study's results particularly exhibit very different classifying accuracies in accordance with the heterogeneity of learning data; this is expected to spur further studies for enhancing the performance of the proposed methodology through the analysis of characteristics by category. In addition, with an increasing demand for search, collection, and analysis of documents from diverse mediums, the scope of the Internet search is not restricted to one medium. However, since each medium has a different categorical structure and name, it is actually very difficult to search for a specific category insofar as encompassing heterogeneous mediums. The proposed methodology is also significant for presenting a plan that enquires into all the documents regarding the standards of the relevant sites' categorical classification when the users select the desired site, while maintaining the existing site's characteristics and structure as it is. This study's proposed methodology needs to be further complemented in the following aspects. First, though only an indirect comparison and evaluation was made on the performance of this proposed methodology, future studies would need to conduct more direct tests on its accuracy. That is, after re-classifying documents of the object source on the basis of the categorical system of the existing source, the extent to which the classification was accurate needs to be verified through evaluation by actual users. In addition, the accuracy in classification needs to be increased by making the methodology more sophisticated. Furthermore, an understanding is required that the characteristics of some categories that showed a rather higher classifying accuracy of heterogeneous semi-supervised learning than that of supervised learning might assist in obtaining heterogeneous documents from diverse mediums and seeking plans that enhance the accuracy of document classification through its usage.

A Comparative Analysis of Blood and Urine Luteinizing Hormone Surge According to Different Regimens of Induced Ovulatory Agens in Superovulated Menstrual Cycles (배란유도방법에 의한 과배란주기에서 혈중및 요중 황체화호르몬 Surge에 관한 연구)

  • Park, Won-Jong;Suh, Byung-Hee;Lee, Jae-Hyun
    • Clinical and Experimental Reproductive Medicine
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    • v.15 no.2
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    • pp.103-117
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    • 1988
  • Ovulation induction was done with 3 different regimens as clomid combined with HMG, HMG only, and FSH combined with HMG in 28 menstrual cycles for IVF-ET and GIFT program. The appearance of endogenous LH surge, estradiol plateau, atypical LH surge, and time from initiation to peak of LH surge in serum and urine were observed and compared in 3 groups. 1. The estradiol concentration of serum LH surge day was similar in three groups but 1st group (Clomiphene Citrate+Sequential HMG) was slightly higher at $1924.0{\pm}865.1\;pg/ml$. In regards to the existence of serum estradiol plateau, 3rd group (FSH+Sequential HMG) was highest at 60%, and 1st group and 2nd group (HMG only) were similar at 33% and 44% respectively. 2. The number of ovarian of ovarian follicle which was more than 18mm in diameter was $4.1{\pm}2.0$, $4.2{\pm}2.1$ respectibely for 2nd group and 3rd group. Although the numbers were slightly higher thean 1st group for each ovarian follicle, serum estradiol value per follicle was higher for 1st group at $583.0{\pm}261.2pg/ml$. 3. When measuring the urine LH surge according to Hi-Gonavi and according to the standard set by three different types of surge, simultameous satisfaction for 1st group, 2nd group, 3rd group was two cases, five cases, four cases respectively at 40%, and the remained cases were composed of numorous type combination which satisfied the two definition, simultaneously in this study, the LH surge starting time was determined only in the cases tow combination were satisfied simultaneously at first, but there are something to study more. In one case of the 3rd group. 4. The concentration of LH surge start in urine and serum of 2nd group was highest at306. $0{\pm}287.2IU/l$ and $34.0{\pm}9.9mIU/ml$ and 1st group was low at $116.6{\pm}66.1IU/l$ and 7.4mIU/ml. The urine and serum value of LH was highest at $1644.4{\pm}988.8IU/l$, $65.9{\pm}15.0mIU/ml$ for 2nd group, 1st group was low at urine, and 3rd group was low of serum. With pregnancy established, the LH concentration of urine was relatively high but on the contrary the LH concentration of serum was low compared to urine concentration. 5. Time from LH surge start to the maximun of urine and serum value was highest at 15. $7{\pm}9.1$ hrs and $10.8{\pm}4.9$ hrs for 1st group and 3rd group. With pregnancy established, time was shortened for urine but on the contrary serum showed an increase in time. 6. The concentration of LH which increases with time on urine was highest at 2nd group ($194.6{\pm}76.8\;IU/hour$). The lowest increase for serum was at 3rd group (2.1mIU/hour). With pregnancy established, urine showed more increase than control group ($266.5{\pm}47.4\;IU/hour$) and for serum there was similar increase ($3.4{\pm}0.8\;mIU/hour$). 7. There were two examples of non-typical surge from 1st group and 3rd group each. Among these three cases showed a reestablishment of LH surge after 10-24 hours. 8. Endogenous spontaneous Lh surge occurs once for each 2nd group and 3rd group.

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The Effect of K-IFRS Adoption on Goodwill Impariment Timeliness (K-IFRS 도입이 영업권손상차손 인식의 적시성에 미친 영향)

  • Baek, Jeong-Han;Choi, Jong-Seo
    • Management & Information Systems Review
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    • v.35 no.1
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    • pp.51-68
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    • 2016
  • In this paper, we aim to analyze the effect of accounting policy change subsequent to the adoption of K-IFRS in Korea, whereby the firms are required to recognize impairment losses on goodwill on a periodic basis rather than to amortize over a specific period. As a principle-based accounting standard, the K-IFRS expands the scope of fair value measurement with a view to enhance the relevance and timeliness of accounting information. In the same vein, intangibles with indefinite useful life, of which goodwill is an example, are subject to regulatory impairment tests at least once a year. Related literature on the impact of mandatory change in goodwill policy document that impairment recognition is more likely to be practiced opportunistically, mainly because managers have a greater discretion to conduct the tests under K-IFRS. However, existing literature examined the frequency and/or magnitude of the goodwill impairment before versus after the K-IFRS adoption, failing to notice the impairment symptoms at individual firm level. Borrowing the definition of impairment symptoms suggested by Ramanna and Watts(2012), this study performs a series of tests to determine whether the goodwill impairment recognition achieves the goal of communicating timelier information under the K-IFRS regime. Using 947 firm-year observations from domestic companies listed in KRX and KOSDAQ markets from 2008 to 2011, we document overall delays in recognizing impairment losses on goodwill after the adoption of K-IFRS relative to prior period, based on logistic and OLS regression analyses. The results are qualitatively similar in robustness tests, which use alternative proxy for goodwill impairment symptom. Afore-mentioned results indicate that managers are likely to take advantage of the increased discretion to recognize the impairment losses on goodwill rather than to provide timelier information on impairment, inconsistent with the goal of regulatory authority, which is in line with the improvement of timeliness and relevance of accounting information in conjunction with the full implementation of K-IFRS. This study contributes to the extant literature on goodwill impairment from a methodological viewpoint. We believe that the method employed in this paper potentially diminishes the bias inherent in researches relying on ex post impairment recognition, by conducting tests based on ex ante impairment symptoms, which allows direct examination of the timeliness changes between before and after K-IFRS adoption.

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Framework on Soil Quality Indicator Selection and Assessment for the Sustainable Soil Management (지속가능한 토양환경 관리를 위한 토양질 지표의 선정과 평가체계)

  • Ok, Yong-Sik;Yang, Jae-E.;Park, Yong-Ha;Jung, Yeong-Sang;Yoo, Kyung-Yoal;Park, Chol-Soo
    • Journal of Environmental Policy
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    • v.4 no.1
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    • pp.93-111
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    • 2005
  • Defining soil quality in scopes and applications is one of the prerequisite for the sustainable management of soil environment to orient researches, strategies and policies. However, definition of soil quality is controversial depending upon a viewpoint of soil science or soil environment. Soil quality can be, irrespective of the disciplines, defined as the capacity of a soil to function within ecosystem boundaries to sustain biological productivity, maintain environmental quality and promote plant and animal health. Common to all of the soil quality concepts can be summarized as the capacity of soil to function effectively at present and in the future. The OECD includes soil quality as one of the agri-environment indicators. This article intends to i) summarize the current soil quality research, and ii) provide information on protocol of soil quality assessment. A framework for soil quality was divided into three steps: indicator selection as minimum data set (MDS), scoring of the selected indicators, and integration of scores into soil quality index. Korean government suggested possible physical and chemical indicators such as bulk density and organic matter for paddy and upland soils to OECD. The framework of soil quality assessment is not yet implemented in Korea. Countries such as USA, Canada and New Zealand have constructed the framework on soil quality assessment and developed a user-friendly version of soil quality assessment tools to evaluate the integrated effects of various soil management practices. The protocol provided in this review might help policymakers, scientists, and administrators improve awareness about soil quality and understand the way of soil environment management.

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Improvement of Personal Information Protection Laws in the era of the 4th industrial revolution (4차 산업혁명 시대의 개인정보보호법제 개선방안)

  • Choi, Kyoung-jin
    • Journal of Legislation Research
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    • no.53
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    • pp.177-211
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    • 2017
  • In the course of the emergence and development of new ICT technologies and services such as Big Data, Internet of Things and Artificial Intelligence, the future will change by these new innovations in the Fourth Industrial Revolution. The future of this fourth industrial revolution will change and our future will be data-based society or economy. Since there is personal information at the center of it, the development of the economy through the utilization of personal information will depend on how to make the personal information protection laws. In Korea, which is trying to lead the 4th industrial revolution, it is a legal interest that can not give up the use of personal information, and also it is an important legal benefit that can not give up the personal interests of individuals who want to protect from personal information. Therefore, it is necessary to change the law on personal information protection in a rational way to harmonize the two. In this regard, this article discusses the problems of duplication and incompatibility of the personal information protection law, the scope of application of the personal information protection law and the uncertainty of the judgment standard, the lack of flexibility responding to the demand for the use of reasonable personal information, And there is a problem of reverse discrimination against domestic area compared to the regulated blind spot in foreign countries. In order to solve these problems and to improve the legislation of personal information protection in the era of the fourth industrial revolution, we proposed to consider both personal information protection and safe use by improving the purpose and regulation direction of the personal information protection law. The balance and harmony between the systematical maintenance of the personal information protection legislation and laws and regulations were also set as important directions. It is pointed out that the establishment of rational judgment criteria and the legislative review to clarify it are necessary for the constantly controversial personal information definition regulation and the method of allowing anonymization information as the intermediate domain. In addition to the legislative review for the legitimate and non-invasive use of personal information, there is a need to improve the collective consent system for collecting personal information to differentiate the subject and to improve the legislation to ensure the effectiveness of the regulation on the movement of personal information between countries. In addition to the issues discussed in this article, there may be a number of challenges, but overall, the protection and use of personal information should be harmonized while maintaining the direction indicated above.

A Study for the establishment environment of the Labor Archives (노동 아카이브(Labor Archives) 설립 환경에 관한 연구)

  • Kwak, Kun-Hong
    • The Korean Journal of Archival Studies
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    • no.20
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    • pp.77-114
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    • 2009
  • The actual conditions of the labor unions are primitive. First, there is no good records management regulation. At this research, I found it that most regulations of the labor unions were all the same. I think they have been copied a kind of one of originality. Second, the definition of records were very narrow, like documentary evidence. Third, the classification, filing, disposal regulations are the below level of the public institution in 1970s. Fourth, there are no standards of the records scheduling for the labor records. What kind of labor records have the historical values? I could not find, only the documentary evidence value. So, I think The actual conditions of the labor unions are primitive. I investigated the collections of the Southern Labor Archives in USA. There were many kind of records. For example, the records of regional labor unions also central labor unions, pamphlets, journals, photos, personal records, oral history, organizational records like protocols article of associations internal rules, minute books etc. Like this the collections of the Southern Labor Archives in USA are very various. But our actual conditions of the labor unions is far from that. Rather, we just have tried collected records for publishing the white papers. But this habitual practice would not be desirable. Because they must manage the records from the producing time. Mostly, 'laborer history HANNAE' were organised, and they are trying the collecting and management of the labor records. Also They are trying the computerizing, compilation. 'HANNAE' has the condition for the transformation of the labor archives. But if they want to be really, they must make the records management infra and so, should normalize the record management firstly. For example, They must be keep the standardized records management regulations, records scheduling redesigned. the developing standard model for the records management. And they have the vision for the hub of the labor archives. When coming to this, it will be realized the labor archives Now the records for the working class are disappearing. The managing the records for the labor is another labor movement. All together should join it. But I think the supporting of the archival science research colleagues will be the essential part.

Current Trends for National Bibliography through Analyzing the Status of Representative National Bibliographies (주요국 국가서지 현황조사를 통한 국가서지의 최신 경향 분석)

  • Lee, Mihwa;Lee, Ji-Won
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.32 no.1
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    • pp.35-57
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    • 2021
  • This paper is to grasp the current trends of national bibliographies through analyzing representative national bibliographies using literature review, analysis of national bibliographies' web pages and survey. First, in order to conform to the definition of a national bibliography as a record of a national publication, it attempts to include a variety of materials from print to electronic resources, but in reality it cannot contain all the materials, so there are exceptions. It is impossible to create a general selection guide for national bibliography coverage, and a plan that reflects the national characteristics and prepares a valid and comprehensive coverage based on analysis is needed. Second, cooperation with publishers and libraries is being made to efficiently generate national bibliography. For the efficiency of national bibliography generation, changes should be sought such as the standardization and consistency, the collection level metadata description for digital resources, and the creation of national bibliography using linked data. Third, national bibliography is published through the national bibliographic online search system, linked data search, MARC download using PDF, OAI-PMH, SRU, Z39.50, and mass download in RDF/XML format, and is integrated with the online public access catalog or also built separately. Above all, national bibliographies and online public access catalogs need to be built in a way of data reuse through an integrated library system. Fourth, as a differentiated function for national bibliography, various services such as user tagging and national bibliographic statistics are provided along with various browsing functions. In addition, services of analysis of national bibliographic big data, links to electronic publications, and mass download of linked data should be provided, and it is necessary to identify users' needs and provide open services that reflect them in order to develop differentiated services. Through the current trends and considerations of the national bibliographies analyzed in this study, it will be possible to explore changes in national and international national bibliography.

A Study on the Understanding Method and Methodology of Character Education: A Transition to Character Education based on a Correct Understanding and Attitude towards Human Nature and Emotions (인성교육 이해방식과 방법론에 관한 일고찰 - 인간 본성과 감정의 올바른 이해를 토대로 한 인성교육으로의 전환 -)

  • Kim Sung-sil
    • Journal of the Daesoon Academy of Sciences
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    • v.42
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    • pp.201-226
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    • 2022
  • Character education begins with a clear definition of character. There are claims that humanity is reducible to human nature or personality, but when approached from an educational perspective, human nature soon boils down to the question of its ultimate goodness or wickedness. There is a significant difference between the educational systems that emerge from the standpoint that human nature is evil versus the standpoint that human nature is good. With regards to educational outcomes, this can be observed both in terms of human nature and personality. Modern education today sees education as leading the immature to a mature state from the standpoint that human nature is evil. But if human nature is evil, how could we implement an education that would render it good? If character education becomes a system of etiquette education or one of instilling manners whereby simple wrong cases are righted, it would be nothing but a follow-up to the wrong educational cases that had been carried out previously. In that sense, character education is correction; not education. Education should be done in a way that realizes and understands the perfect self rather than unfolding as a process of constantly correcting and reinforcing immature human beings. In that sense, this paper posits that enabling students to understand their own emotions would serve as a correct form of character education. This would be a system of focusing on emotions that reveal the goodness of human nature. Personality can be educated, but education at this time should be a way to bring out a student's already good and even perfected nature. This is more realistic than replacing a 'faulty' character with a good character which supposedly did not exist previously. If personality education morphs into 'emotional self-understanding,' contemplations on 'why not to do' unsavory acts rather than mere negative commands 'don't do that,' and listening to what one's emotions intuit prior to and after given actions, then that would arise to the true standard of a good education.