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A Study on Imposing Contribution in the Compensation for Uncontrollable Medical Malpractice during Delivery (분만관련 불가항력적 의료사고 보상제도에 있어 분담금부과에 관한 연구 -헌법재판소 2018. 4. 26. 선고 2015헌가13 사건을 중심으로-)

  • Beom, Kyung Chul
    • The Korean Society of Law and Medicine
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    • v.19 no.2
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    • pp.139-171
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    • 2018
  • The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

Organization and function of shoot apical meristem affecting growth and development in plants (식물의 생장과 발달에 영향을 미치는 슈트 정단분열조직의 체제와 기능)

  • Lee, Kyu Bae
    • Journal of Plant Biotechnology
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    • v.41 no.4
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    • pp.180-193
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    • 2014
  • In plants, a shoot apex has a small region known as the shoot apical meristem (SAM) having a group of dividing (initiating) cells. The SAM gives rise to all the groundabove structures of plants throughout their lifetime, and thus it plays important role in growth and development of plants. This review describes theories to explain the SAM organization and function developed over the last 250 years. Since in 1759 German botanist C. F. Wolff has described firstly the SAM, in 1858 Swiss botanist C. N${\ddot{a}}$geli proposed the apical cell theory from the observation of a large single apical cell in the SAM of seedless vascular plants: however, this view was recognized to be unsuitable to seed plants. In 1868, German botanist J. Hanstein suggested the histogen theory: this concept subdividing the SAM into dermatogen, periblem, and plerome was unable to generally apply to seed plants. In 1924, German botanist A. Schmidt proposed the tunica-corpus theory from the examination of angiosperm SAM in which two parts show different planes of cell division: this theory was proved to be not suitable to gymnosperm SAM, not have stable surface tunica layer. In 1938, American botanist A. Foster described zones in gymnosperm SAM based on the cytohistologic differentiation and thus called it a cytohistological zonation theory. With works by E. Gifford, in 1954, this zonation pattern was demonstrated to be also applicable to angiosperm SAM. As another theory, in 1952 French botanist R. Buvat proposed the m${\acute{e}}$rist${\grave{e}}$me d'attente (waiting meristem) theory: however, this concept was confuted because of its negation of function during vegetative growth phase to central initial cells. Rescent studies with Arabidopsis thaliana have found that formation and maintenance of the SAM are under the control of selected genes: SHOOTMERISTEMLESS (STM) gene forms the SAM, and WUSCHEL (WUS) and CLAVATA (CLV) genes function in maintaining the SAM; signaling between WUS and CLV genes act through a negative feedback loop.

A Field Survey on Concentration of Odor Compounds in Pig Buildings and Boundary Areas (돈사 내 및 부지경계에서 악취물질 발생 조사 연구)

  • Yoo Yong-Hee;Kim Tae-Il;Jeong Jong-Won;Gwak Jeong-Hun;Choi Hee-Chul;Song Jun-Ik;Yang Chang Bum;Jang Young-Kee;Kim Ho-Jung;Song Ki-Pong
    • Journal of Animal Environmental Science
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    • v.11 no.1
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    • pp.45-54
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    • 2005
  • A field survey was conducted to determine the concentration of odor compounds from pig buildings and that were 20 meters within the boundary area. The odor compounds were measured from large, medium and small farms with enclosed and open housing systems and slurry and sawdust manure fermentation treatment methods. Among the odor compounds investigated, ammonia ($NH_3$) had the highest concentration at 0.9 ${\~}$ 21.0 ppm followed by Hydrogen Sulfide($H_2S$) with a wide variation concentration of 51.9 ${\~}$ 6,712.4 pub, Uethylmercaptan($CH_3SH$) with non-detectable (N. D.) ${\~}$ 12.9 ppb, Dimethylsulphide($(CH_3)_2S$), with N. D. ${\~}$ 5.2 ppb and Dimethyldisulphide($(CH_3)_2S_2$) with N. D. ${\~}$ 2.6 ppb. Considering the prevailing wind direction and air velocity ranging from 0.23 to 0.73 m/s within the boundary area, the odorous matters; $NH_3$, $H_2S$, $CH_3SH$, $(CH_3)_2S_2$ and $(CH_3)_2S$ were 0.2${\~}$4.5 ppm, 0.01 ${\~}$0.06 ppb, N. D. ${\~}$0.009ppb, N. D.${\~}$0.002ppb and N. D. for $(CH_3)_2S$ respectively. These findings suggested that the Odor compounds $(CH_3)_2S_2$ had the lower detection in the boundary area whilst $(CH_3)_2S$ had no detection level within a 20-meter distance only. However, with these results odor compounds from pig buildings has to be further investigated under more controlled environmental factors.

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The Present State of Food Serviee by the Covered Wagon Bars (포장마차 영업실태조사(營業實態調査))

  • Yoon, Eun-Young;Choi, Kyung-Suk;Park, Young-Sook;Mo, Su-Mi
    • Journal of the Korean Society of Food Culture
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    • v.3 no.2
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    • pp.187-195
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    • 1988
  • In accordance with the rapidly growing number of street food service without a registration, a study was undertaken to determine the present state of food service by the covered wagon bar, through an investigation in Jamwondong, around the south gate market and Kangnam subway station, in Seoul, between July 25th and August 25th of 1987. The survey was comprised of three parts: 1) foodservice operation in covered wagon, 2) personal and food handling hygiene, 3) food behaviors of customers. A total of 54 covered wagon bars, consisting of 51.8% mobile bars and 48.2% non-mobile bars, operating in the above three locations, were investigated. Survey results show non-mobile covered wagon bars to be more popular among persons in their thrities and fourties than among teens or the elderly; also among males than females; among company employees and college students than others. Seventy five percent of the mobile covered wagon bars served snack type foods and others served wine and foods for wine, in contrast to hundred percent of the non-mobile covered wagon bars served wine and foods for wine. The survey found many problems of hygiene, in method of food purchasing, menu planning, food preparation, dish washing treatment of leftovers and water supply, as well as personal hygiene. However, customers prefer the casual and popular atmosphere at the counter of the covered wagon bar. Finally, the study emphasizes a need for better operation of covered wagon bar, improvement of food stuff handling and the way of food services and personal hygiene. A change of the registration system from the illegal operation are urgently needed for better quality food services of covered wagon bars.

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Development of Pharmaceutical Dosage Forms with Biphasic Drug Release using Double-Melt Extrusion Technology (이중 고온용융 압출 성형된 이중 방출능을 가지는 제형의 개발)

  • Kim, Dong-Wook;Kang, Chin-Yang;Kang, Changmin;Park, Jun-Bom
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.17 no.9
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    • pp.228-234
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    • 2016
  • The aim of this study was to develop pharmaceutical dosage forms with a bi-phasic drug using a double extrusion approach. Hot melt extrusion was performed using a co-rotating twin-screw extruder. The. 1st melt extrusion was performed using polymer with a relatively higher Tg, such as HPMC and the 2nd melt extrudate was obtained using the 1st extrudate and polymers with a lower Tg, such as HPMC-AS and PEO. In addition, the formulation with all the content in the same proportion as the double extudate was produced using single extrusion for comparison. Physical characterization was performed on the formulations employing differential scanning calorimetry (DSC). In vitro release tests were studied using a USP Type-I apparatus at $37{\pm}0.5^{\circ}C$ and 100 rpm. The similarity factor (f2) was also used to check the difference statistically. The DSC results indicated that the crystallinity of ibuprofen was changed to an amorphous state after extrusion in both double and single melt extrusion. Double melt extrudate with ibuprofen showed the desired release in acidic media (pH 1.2) in the first two hours and basic (pH 6.8) during six hours. Double melt extrudate with glimepiride showed faster release in 60 min of over 80%, whereas the single extrudate with glimepiride showed retarded release due to the interaction with HPMC. The similarity factor(f2) value was 28.5, which demonstrates that there were different drug release behavior between the double and single extrusion. Consequently, the double melt extrudated formulation was robust and gave the desired drug release pattern.

Changes in Serum Lipid Components and Blood Glucose by Krill (Euphausia superba) Meal and NaF in Rats (크릴 분말 및 NaF 첨가 식이가 흰쥐의 혈청 지질성분 및 혈당 변동에 미치는 영향)

  • Jin, Dong-Hyeok;Oh, Da-Young;Lee, Young-Geun;Kang, Dong-Soo;Kim, Han-Soo
    • Journal of the Korean Applied Science and Technology
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    • v.34 no.4
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    • pp.938-946
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    • 2017
  • This study was conducted to examine the changes in serum lipid components and blood glucose by krill (Euphausia superba) meal and sodium fluoride (NaF) in rats fed on experimental diets and administered orally to NaF 10 mg for 5 weeks. Body weight of rats decreased as the amount of krill meal diet increased, it was observed the basal diet plus NaF group (BF group) compared to the lower basal diet group (BD group). The serum concentrations of total cholesterol, LDL (low-density lipoprotein) cholesterol, free cholesterol, triglyceride (TG), phospholipid (PL) and blood glucose in serum were higher in the BF group than the 10% krill meal group plus NaF 10 mg (KF10 group) or BD group, the 20% krill meal plus NaF 10 mg group (KF20 group), the 30% krill meal plus NaF 10 mg group (KF30 group). Conversely depending on the content of krill meal for the HDL (high-density lipoprotein) cholesterol level, it showed higher results. The concentration of total protein was no significant difference among the groups (p<0.05). The results indicate that a krill meal diet effectively inhibited increases in lipid elevation and blood glucose level in the sera of rats.

A Comparative Study of Diverging Citation Patterns in the Disciplines of Physics and Sociology in Korea Differential Preferences according to Employment Status and Ph. D. Diploma Area (한국의 물리학과 사회학의 인용패턴 비교연구 - 전임 여부와 박사학위 취득지역을 중심으로)

  • Kang Min-Gu
    • Journal of Science and Technology Studies
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    • v.4 no.2 s.8
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    • pp.67-101
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    • 2004
  • Although the study of citation patterns is an important theme within the sociology of science, due to the fact that it is intimately related to the production, reproduction, and evaluation of knowledge, only sustained theoretical research outlining the differences of citation patterns between the hard and soft sciences has been conducted, and empirical studies nevertheless remain few and far between. The perspectives of institutionalism and constructivism have to attempted to explain different citation patterns between the hard and soft sciences as a contrast between 'what one says' and 'who one is'. Therefore, against this background this study examines the 'theoretical' controversy empirically by comparing the contrasting citation patterns of physics, as a representative of hard science, and sociology, as a representative of soft science. The results, in brief, are as follows: the citaton patterns in physics, as in sociology, vary according to the author's status within the hierarchical employment structure, i. e. whether s/he is a full-time lecturer or not, but diversity of citation patterns according to Ph. D. diploma area is unique to sociology. These results would suggest that the explanation of constructivism is more relevant in explaining variance according to the author's status in the employment hierarchy, but the approach of institutionalism is more appropriate to understanding variance due to Ph. D. diploma area. Furthermore, this implies the complex diversity of the citation patterns between the hard and soft sciences, pointing us to the more qualified conclusion that rather than having to choose between institutionalism and constructivism according to a mutually exclusive either/or logic, these two approaches can in fact be mutually complementary, and these approaches should also be applied piecemeal to different levels of phenomena. In conclusion, this comparative research enables us to assert the following two claims: firstly that physics, as a 'science in society', produces knowledge dependent on social context, and secondly that it also possesses a characteristic that transcends locality from the view of a sociology of knowledge.

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Study on the Educational Plan to Enhance Intercultural Abilities Using the Oral Folktales of Immigrants who Mov ed to Korea (이주민 구술 설화를 활용한 상호문화능력 신장의 교육 방안연구)

  • Kim, Jeong-Eun
    • Journal of Korean Classical Literature and Education
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    • no.38
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    • pp.201-238
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    • 2018
  • As a way of enhancing the intercultural ability needed for diverse cultural eras, this study focuses on the "narration" of the Italian education scholar Maddalena De Carlo in order to determine the "diverse values" created by the "symbolic representation" based on the folktales narrated by immigrants living in Korea. Through this, it specifically presents educational elements and contents that can raise relative sensitivity. The authors of this paper have connected, empathized, and communicated with people of various cultures in order to go beyond Carlo's discussion. The paper discusses the expansion of cultural sensitivity as an element of education through narrative topics using the folktales of immigrant narrators in Korea. It also recognizes the limitations of a desire for a homogeneous union within an intercultural society and thus formulates educational contents for creating a relationship with heterogeneous ideas through the elimination of communication barriers through heterogeneity and a consideration of the surface and the back. This is systemized in six steps. Step 1: Listening to oral folktales of immigrants, Step 2: Finding heterogeneous motifs imprinted in the immigrants' memories, Step 3: Understanding the meaning of the opposing qualities symbolized by heterogeneous motifs, Step 4: Creating narrative topics containing the key motifs, Step 5: Generating the value of symbolic representation as a narrative topic, and Step 6: Expanding the value of life into a cultural symbol. In Chapter 3, this study focuses on educational contents using immigrants' folktales by applying these six steps. The class contents include the recognition of the limitations of desire for a homogeneous union within an intercultural society and the consideration of how to create a relationship with heterogeneous ideas through the elimination of communication barriers through heterogeneity and consideration of the surface and the back. This paper then compares the Indonesian folktale, The Inverted Ship Mountain and the Mom's Mountain, with the world-famous Oedipus myth, to determine what the symbolic representation of these heterogeneous motifs is. In Step 6, when the symbolic system is culturally extended, the incestuous desire that appears in the "inverted ship" is interpreted as a fixation that was created when the character sought to unite with homogenous idea. The Cambodian folktale, The Girl and the Tiger, is a story that is reminiscent of the Korean folktale, The Old Man with a Lump. Through the motif in "Tiger," this paper generates a narrative topic that will enhance the students' intercultural abilities by culturally expanding their skills in how to relate with a heterogeneous being that is usually represented as an animal. The Vietnamese folktale, The Coconut Bowl, similar to the Korean folktale, GureongDeongDeong SinSeonBi, is a story that draws a variety of considerations about the surface and theback, and it shows readers how to build a relationship with a heterogeneous idea and how to develop and grow with such a relationship. Thus, if a narrative topic is generated and readers are able to empathize using an opposing feature formed by the core motif of the folktale, it becomes possible, through immigrant folklore, to construct a possibility of a new life through the formation of a relationship with an unfamiliar and heterogeneous culture.

Exploration of Figurative Characteristics of Hand-Foot Coordination Movements - With Emphasis on Ballet and Korean Dance - (수족상응(手足相應) 동작의 형태학적 특징 탐색 - 발레와 한국무용을 중심으로 -)

  • Hwang, Kyu Ja;Yoo, Ji Young
    • (The) Research of the performance art and culture
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    • no.20
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    • pp.339-367
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    • 2010
  • Despite that it is relatively difficult to compare the movements in eastern and western dancing, this study approached hand-foot coordination movements, which involve lifting both an arm and a leg to stand on one foot, from a figurative point of view. In ballet, arabesque, developpe, and attitude were recognized as the example hand-foot coordination movements, and in Korean Dance, Oesawi, Gyeopsawi, and Meongseokmari of Mask Dance were classified into the hand-foot coordination movements. The figurative characteristics of these dances were approached from the aspects of racial traits, philosophies of dancing, and forms of movements. The following summarizes the findings about hand-foot coordination movements of this study. First, in relation to human physiology, eastern and western races have different traits. The forms of dancing have developed differently according to the builds and figures of dancers. Ballet is an elegant form of dancing using long legs and arms and its arabesque, developpe, and attitude movements emphasize stretching the body for an elegant and beautiful presentation. On the other hand, Korea was an agricultural society and lived closer to the land. As its people developed petite figures, its dancing movements, especially the hand-foot coordination movements, involved 'twisting' and 'walking down and up.' Second, despite that the hand-foot coordination movements are identical for east and west, ballet aims at the heaven and Korean Dance aims at the land according to the differences in the views of nature. Although the principle of hand-foot coordination movements is about aiming at the land, western philosophies and aesthetics pursue the heaven. Third, in ballet, the focus of beauty is the presentation of beautiful movements. Therefore, the hand-foot coordination movements precisely control the position and angle of arms and legs for the perfect balance of the body. On the other hand, the hand-foot coordination movements of Korean Dance are mostly rooted from natural daily movements and movements that enhance the efficiency of labor. Therefore, it is considered beautiful techniques even if the body looks rather unbalanced.

The Tool to Design Sustainable Business Models: A Case Study for the Social Ventures (지속가능한 비즈니스모델 설계 도구: 소셜벤처 사례를 중심으로)

  • Park, JaeWhan;Jeon, Hyejin
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.14 no.1
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    • pp.187-198
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    • 2019
  • The purpose of this study is to seek ways of utilizing TLBMC by understanding business model of social ventures that are accompanied by social and environmental as well as economic missions. In order to achieve this, business models from economic, environmental and social perspectives will be analyzed, and we seek to enhance sustainability of social venture entrepreneurs. As the analysis tool, TLBMC(Triple Layered Business Model Canvas) expands upon the business model canvas that is widely utilized and recognizes economical terms. The TLBMC is proposed by Joyce, A., & Paquin, R. L.(2016) to help achieve a holistic view with horizontal and vertical associations. The study tries to overcome limitations of previous studies and observe a variety of economic, environmental, and social perspectives that social ventures should have with the TLBMC. As a result, it has the following implications; Firstly, creating separate social, environmental and economic business model canvas helps a business to have a holistic approach. Secondly, it was found that social venture characteristics of environmental and social perspectives were applied in practice. Lastly, we have established experience data on social venture business model. This study focuses on the opinions, the meanings and the subjective views of the participants. As a result, conclusions are drawn by the researchers ' assertions and has limitations as a research on case studies. However, this study will help people who are preparing or studying social ventures to have economic, environmental, and social perspectives. Also, redefinition of the direction and value of entrepreneurs operating social ventures, such as vision and mission, will help clarify the roles and responsibility of organizations. As a fundamental step for future empirical studies, this study could be the base for social venture business model studies.