• Title/Summary/Keyword: the constitutional basis

Search Result 123, Processing Time 0.023 seconds

Objective and Subjective Voice Examination in Korean Medicine

  • Yu, Junsang
    • Journal of Pharmacopuncture
    • /
    • v.17 no.3
    • /
    • pp.57-61
    • /
    • 2014
  • Objectives: When a person speaks, voice problems usually include pain or discomfort and/or difficulties in terms of the pitch, the loudness and the quality of the voice. When patients with voice problems induced by stroke, Parkinson's disease, and systemic diseases involving the voice are examined, generally, of the Four Diagnoses (四診), a Diagnosis of Hearing can be used in current Korean medicine. The effects of acupuncture and herb medicine on voice problems have been reported for over 20 years. However, when it comes to improvements, objective and subjective evaluation methods need to be explained. Methods: Subjective methods for evaluating voice were studied through a literature search of old medicinal books containing Korean medicine diagnostics, and an objective evaluation method using Praat software is presented. Results: Korean medicine doctors analyze the patient's voice in clinical settings unconsciously on a daily basis. However, most voice diagnoses depend on the doctor's subjective evaluation. Voice qualities can be evaluated by using the Eight Principles (八綱), including Yin-Yang; the Five Elements (Phases); the Grade, Roughness, Breathy, Asthenic, Strained (GRBAS) score, and the Visual Analogue Scale (VAS) as subjective methods, and an acoustic analysis using the Praat program can be used as an objective method. Conclusion: A more complete voice examination can be achieved by using subjective and objective methods at the same time. For an objective explanation and management of patient's voice problems or systemic disorders, an objective method should be used in Korean medicine, which already has many subjective diagnostic methods. More research needs to be conducted, and more clinical evidence needs to be collected in the future.

Reflections on Public Holidays and Productivity in Nigeria

  • Adefolaju, Toyin;Adeyemi, Odedokun
    • East Asian Journal of Business Economics (EAJBE)
    • /
    • v.5 no.2
    • /
    • pp.48-54
    • /
    • 2017
  • Public holidays are periods set aside by nations or states to observe particular events like national days, independence anniversary or religious festivals. These days are different from the usual periods of statutory leave or vacation provided for workers in the collective agreement or rule of engagement at the point of entry. These periods of leave enjoyed by workers include annual vacation, casual leave, sick leave, maternity leave, paternity leave and others as may be recognized within an establishment. Individual worker's period of leave is personal and at the discretion of the worker or the organization as the case may be, but public holidays involve the stoppage of work by the entire workforce within the period it would last. Nigeria observes many public holidays some of which, at times, are unplanned for by the people. This has attracted arguments for and against on the basis that these holidays are too many and detrimental to productivity and the national economy. Using secondary data, this paper examines the issue and opines that there is the need to review these public holidays with a view to halting their negative effects on the nation's economy. Also, measures to manage these holidays in line with constitutional provisions are espoused.

Model study for genetic research of Sasang constitution confirmation method (유전학을 이용한 사상체질 감별법 개발 모델의 연구)

  • An, Hwang yong;Lee, Yong heun;Lim, Nam kyu;Kim, Dong hee;Park, Jong oh
    • Journal of Haehwa Medicine
    • /
    • v.13 no.1
    • /
    • pp.89-96
    • /
    • 2004
  • The Sasang constitutional medicine, a traditional Korean medical typology, was initially proposed to the oriental medical field in 1894 by the Korean Confucian scholar Jae-Ma Lee. The key principle of his theory is that all humans can be categorized into four groups (Tae-Yang, Tae-Eum, So-Yang, and So-Eum) based on the function of major organs such as the heart, liver, kidney and lungs as well as other characteristics of the body. Now there are many scientists that try to confirm the method to classify the four group using genetics. In this study, we hypothesized that some genes are may associated with Sasang constitution on the basis of the theory of Jae-Ma Lee who insist everybody can be divided from the birth and can not be changed during the life. Before the genetic research, we first suggest the genetic research model. It may be effective to carry out genetic research concerned with Sasang constitution.

  • PDF

A Study on Act on Certified Detective and Certified Detective Business (공인탐정 관련 법률(안)의 문제점과 개선방안에 관한 연구)

  • Kim, Bong-Soo;Choo, Bong-Jo
    • Korean Security Journal
    • /
    • no.61
    • /
    • pp.285-305
    • /
    • 2019
  • In the bill of [Act on Certified Detective and Certified Detective Business] (hereinafter referred to as the Certified Detective Act) proposed and represented by the member of National Assembly, Lee Wan-Yong in 2017, the legislative point of view showed that various incidents and accidents, including new crimes, are frequently increasing as society develops and becomes more complex, however, it is not possible to solve all the incidents and accidents with the investigation force of the state alone due to manpower and budget, and therefore, a certified detective or private investigator are required. According to the decision of the Constitutional Court in June 2018, Article 40 (4) of the Act on the Use and Protection of Credit Information is concerned with 'finding the location and contact information of a specific person or investigating privacy other than commerce relations such as financial transactions' are prohibited. It is for the purpose of preventing illegal acts in the process of investigation such as the location, contact information, and the privacy of a specific person and protecting the privacy and tranquility of personal privacy from misuse and abuse of the personal information etc. Such 'privacy investigation business' currently operates in the form of self-employment business, which becomes a social issue as some companies illegally collect and provide such privacy information by using illegal cameras or vehicle location trackers and also comes to be the objects of clampdown of the investigative agency. Considering this reality, because it is difficult to find a resolution to materialize the legislative purpose of the Act on the use and protection of credit information other than prohibiting 'investigation business including privacy etc' and it is possible to run a similar type of business as a detective business in the scope that the laws of credit research business, security service business, the position of the Constitutional Court is that 'the ban on the investigations of privacy etc' does not infringe the claimant's freedom to choose a job. In addition to this decision, the precedent positions of the Constitutional Court have been that, in principle, the legislative regulation of a particular occupation was a matter of legislative policy determined by the legislator's political, economic and social considerations, unless otherwise there were any special circumstances, and. the Constitutional Court also widely recognized the legislative formation rights of legislators in the qualifications system related to the freedom of a job. In this regard, this study examines the problems and improvement plans of the certified detective system, focusing on the certified detective bill recently under discussion, and tries to establish a legal basis for the certified detective and certified detective business, in order to cultivate and institutionalize the certified detective business, and to suggest methodologies to seek for the development of the businesses and protect the rights of the people.

The Historical Understanding of the U. S. Secret Records Management (미국의 비밀기록관리체제에 대한 역사적 이해)

  • Lee, Kyong-Rae
    • The Korean Journal of Archival Studies
    • /
    • no.23
    • /
    • pp.257-297
    • /
    • 2010
  • The U. S. government has a long history to classify and manage governmental records which are created, collected, and preserved for itself. During the colonial period before the independence, the U. S. mostly practiced the maintenances of secret records and restrictions of access to the records following a long convention without any specific legal authority. Since establishment of the U. S. Constitution, the government had kept secret records on the basis of constitutional authority. However, the U. S. government began to take shape the secret records management system when it participated in the World War I, which required the system to reflect the needs in reality to manage drastic increases in important military and foreign relation documents. The World War II made the U. S. government strengthen its secret records management system, and its conception of secret records management system at that time has sustained until now. It can be said that the current secret records management system of the U. S. government continues to be managed by constitutional authorities and the executive orders which are opt to change. This article intends to review the secret records management system of the U. S. from the initial history of the U. S. to the Cold War. To understand its system of secret management, the paper investigates the U. S. secret records management history by dividing into three periods: the period of establishment of its tradition(the Colonial era~just before the WWI); the period of taking shape of its system (the WWI~the WWII); and the period of current conception of its system. The criteria of these divisions are created based on the differences of the laws relevant to the secret records and the application methods of secret management system in reality.

A Study on the Four Elements of Seongmyeong(性命) and Their Attributions to the Four Constitutions Based on Dong-uisusebowon(東醫壽世保元) ("동의수세보원(東醫壽世保元)"에서 성명(性命)의 4요소와 태소음양인(太少陰陽人) 배속(配屬)에 대한 고찰(考察))

  • Cho, Young;Jeong, Chang-Hyun;Jang, Wook-Chang;Baik, You-Sang
    • Journal of Korean Medical classics
    • /
    • v.22 no.3
    • /
    • pp.227-259
    • /
    • 2009
  • The primary reason for the uprising interest and research concerning constitutional medicine is due to a shift in paradigm; from one that treats based on symptoms to one that emphasizes unique personal traits such as living conditions and psychological factors. Of the Cheoninseongmyeong(天人性命), the components of Seongmyeong(性命) theory on constitutilnal medicine, this study discusses how the Hyegak(慧覺) of Juchaek(籌策), Gyeongryun(經綸), Haenggeom(行檢) and Doryang(度量), the 4 components of Sung(性), and the Ja-eop(資業) of Sikgyeon(識見), Wiui(威儀), Jaegan(材幹) and Bang-yak(方略), the 4 components of Myeong(命) are assigned to each of the 4 different constitutional types. Ultimate Hyegak[絶世之慧覺] and Goodman's Ja-eop[大人之資業] can change according to the individual's will to overcome one's shortcomings despite the correlations made between Hyegak(慧覺) and Ja-eop(資業) of the 4 elements of given Seongmyeong(性命) and the 4 constitutions. The focal point in the discussion of Dongmu's Jihaeng theory is that any flaws one might have ought to be overcome by following in the footsteps of others who are better and any gifts ought to be shared with those who don't have the privilege to enjoy it. Thus, from the fact that Dongmu's Jihaeng theory is not one that confines one to a certain body type but is meant to be the basis for realizing which paths, or Seongmyeong(性命), ought to be taken, we can learn how to overcome disadvantages due to body constitution. Furthermore, Dongmu's Suyang(修養) theory is significant and valuable in that it can not only be utilized to bring personal welfare and longevity but also to achieve a healthy and moral society.

  • PDF

Correlation Between Sasang Constitution and Heart Rate Variability in Won-ju Rural Population (원주 지역 주민들의 사상체질과 심박수변이도와의 상관성)

  • Kim, Soo-Yeon;Sun, Seung-Ho;Yoo, Jun-Sang;Koh, Sang-Baek;Park, Jong-Ku
    • The Journal of Internal Korean Medicine
    • /
    • v.30 no.3
    • /
    • pp.510-524
    • /
    • 2009
  • Objective : This study was designed to find the correlation between Sasang Constitution and heart rate variability(HRV). Method : There were 665 subjects (280 men and 385 women), between 39 and 72 years old. in a rural community. Sasang Constitution was diagnosed by a Sasang constitutional specialist using PSSC (Phonetic System for Sasang Constitution), face and tongue photo and checkup-list. A structured-questionnaire was used to assess the general characteristics. HRV was recorded using SA-2000 (medi-core). HRV was assessed by time domain and by frequency domain analysis. Metabolic syndrome was defined on the basis of clustering of risk factors, when three or more of the following cardiovascular risk factors were included : blood pressure, fasting blood sugar, triglyceride HDL-cholesterol, and abdominal obesity (waist). Because of the skewness of the data, logarithmic transformation was performed on the absolute units of the spectral components of HRV, and the resulting logarithmic values and normalized units were compared between the groups by a logistic regression. The 95% confidence interval (CI) of the odds ratio was used and calculated from the data laid out for a cross sectional study. Results : 1. Odds ratios of Taeeumin and Soeumin in female adults below 60 years old were significantly lower than that of Soyangin in LF norm and LF/HF ratio. Odds ratios of Taeeumin and Soeumin in female adults below 60 years old were significantly higher than that of Soyangin in HF norm. 2. There was no significant correlation between HRV and Sasang Constitution in female adults from 60 years old and over. 3. There was no significant correlation between HRV and Sasang Constitution in male adults. Conclusion : There is a statistically significant correlation between the HRV and Sasang Constitution. There is a tendency of increase in the sympathetic activity in Soyangin. There is a tendency of decrease in the parasympathetic activity in Taeeumin and Soeumin.

  • PDF

Video Software Dealers Association v. Arnold Schwarzenegger(2009) of the United States Court of Appeals, Ninth Circuit and its Implication to the Korean Game Law (폭력성 비디오게임에 대한 미국 연방순회항소법원판결이 한국게임법제도에 주는 시사점 : Video Software Dealers Association v. Arnold Schwarzenegger(2009))

  • Park, Min;Hwang, Seung-Heum
    • Journal of Korea Game Society
    • /
    • v.10 no.1
    • /
    • pp.65-78
    • /
    • 2010
  • In Video Software Dealers Association v. Arnold Schwarzenegger, the federal 9th Circuit Court decided that a California law imposing restrictions and a labeling requirement on the sale or rental of violent video games to minors (the "Act") violated rights guaranteed by the First and Fourteenth Amendments to the United States Constitution because: (1) the state introduced insufficient evidence to support a compelling interest that video games created psychological or neurological harm, (2) the Act was not the least-restrictive alternative to negate the harm, and (3) the lower, rational basis standard applicable to commercial speech did not apply to the Act's labeling requirements because the required label did not convey factual information. On the contrary, Korean Constitutional Court decided that "Harmful Medium to Youth" and "Preliminary Rate Classification" would be constitutional. However, under the least-restrictive method rule of the U. S. Court and Korean Court, overlap application of "Harmful Medium to Youth" and "Preliminary Rate Classification" could be a problem and it would be possible that stronger regulation among these would be found as unconstitutional.

Hong Kong's Anti-Ordinance Amendment Movement and the Trend of Change in the One Country-Two System (香港反修例运动与"一国两制"演变趋势)

  • Tian, Feilong
    • Analyses & Alternatives
    • /
    • v.3 no.2
    • /
    • pp.59-85
    • /
    • 2019
  • The Hong Kong's Anti-Ordinance Amendment Movement is the most serious radical social movement since the 1997 return, which has served as the promotion of the 2014 Occupy Central Movement and broken through the violence baseline. The movement came from a criminal case committed in Taiwan,which gave a good reason and motivation for the HK government to amend the Fugitive Offenders Ordinance. The HK government has responded to the protests by strictly limiting the legal scope and transfer procedure, even giving up the legislative motion. But the protests still say no and develop into the constantly violent activities. Many of the protests have committed the crimes in HK laws,part of whom have been arrested,prosecuted and under judicially judged. It is necessary for the offenders to be punished to protect the authority of rule of law in HK. Two different paths for HK have fought against each other since the 1997 return: one is the "democratic-welfare" path taken by the Pan-Democratic Camp, the other is the "Legal-development" path taken by the Pan-Establishment Camp. The second path shares some nuclear characteristics of the so-called The China Model mainly shaped from the 40-years Reforms and Openness. However, the HK people can't understand the China Model very well and show great fear and distrust on the judicial system of Mainland China. The foreign powers such as US and UK have illegally interfered the HK issues which are deemed to be the domestic affairs of China. The so-called Sino-UK Joint Declaration can't serve as the legal basis for the interference. Taiwan, as a part of China, also plays a negative role in this movement for its electoral and political interest. Up to now, the movement has gone down and the HK government has the legal capacity to solve the problems under the supports from the central government and the HK people. The HK people love its rule of law and order under the constitutional framework of One Country Two System. After the movement,One Country Two Systems will be go on, and the integrated development under the policies of the central government will be the main stream. However, the relevant problems exposed by this movement muse be checked and solved legally and strictly,especially concerning the social inequality and youth development.

  • PDF

A Comparative Study on the Differences of Arbitration Systems between Mongol and Korea (몽골 중재제도의 주요특징과 유의사항에 관한 연구)

  • Kim, Suk-Chul
    • Journal of Arbitration Studies
    • /
    • v.23 no.4
    • /
    • pp.55-76
    • /
    • 2013
  • This study aims to analyze the main features of Mongolian arbitration system compared with Korean Arbitration Law which was revised under the UNCITRAL Arbitration Model Law. On the basis of this comparative study, certain differences are suggested: First, the environment of Mongolian arbitration is still insufficient in terms of its operation and usage at the international level. Second, the Mongol National Arbitration Court has established Ad-hoc Arbitration Rules and has promoted Ad-hoc Arbitration although it is an institutional arbitration organization. Third, the arbitration objects are defined as the types of tangible and intangible assets in Mongolia which are different from those of the Korean Arbitration Law. Accordingly, court and officer disputes, family disputes, labor-management relations, and criminal matters are covered by the arbitration objects. Fourth, Mongol Arbitration Law specifies the following persons disqualified for arbitrator appointment: the member of the Constitutional Court, judge, procurator, inquiry officer, investigator, court decision enforcement officer, attorney, or notary who has previously rendered legal service to any party of the disputes, and any officials who are prohibited by laws to be engaged in positions above the scope of their duties. Fifth, the arbitrator selection and appointment criteria should be documented, and the arbitrator should have the ability to resolve the disputes independently and fairly and achieve concord from both parties. Sixth, if there is no agreement between the parties, the arbitration language should be Mongolian, and the arbitral tribunal has no power to decide on it. Seventh, despite the agreement for a documentary hearing between the parties, there should be provided opportunities for an oral hearing if either of the parties requires it. Eighth, if the parties do not understand the language of the arbitration, the parties can directly ask the translation service. They should also keep secrets in the process of arbitration. Ninth, the cancellation of arbitral award is allowed by the application of the parties, not by the authority of the court. Except for the nine differences above, the Mongolian arbitration system is similar to that of the Korean Arbitration Law. This paper serves to contribute to the furtherance in trade relationship between Mongolia and Korea after the rapid and efficient resolution of disputes.

  • PDF