• Sleep Medicine and Psychophysiology
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• v.5 no.1
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• pp.71-79
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• 1998

Objectives : This study was to evaluate sleep patterns and daytime sleepiness resulting from rotating shiftwork. The authors, also, tried to find out the relationship between the severity of daytime sleepiness and personality factors. Methods : The subjects consisted of 41 female rotating shiftwork nurses and the control group consisted of 39 female day timeworkers. All of them completed the Sleep questionnaire of Korea University Sleep Disorder Clinic, the Epworth Sleepiness Scale(ESS), the 16 Personality Factors(16PF), the Beck Depression Inventory(BDI) and the State Trait Anxiety Inventory(STAI). Multiple regression analysis of 16PF of the rotating shiftwork nurses was done to find out possible predictors of the severity of daytime sleepiness. Results : The mean duration of deprived sleep due to rotating shiftwork was $64.26\;{\pm}\;14.54\;min$. The frequency of sleep difficulty($1.24\;{\pm}\;1.17\;day/week$ vs $0.67\;{\pm}\;1.31\;day/week$, p < 0.05), time needed to fall asleep($103.05\;{\pm}\;73.48\;min$. vs $70.00\;{\pm}\;60.08\;min$, p < 0.05), sleep duration when having some difficulties in sleep ($204.25\;{\pm}\;79.90\;min$. vs $280.44\;{\pm}\;111.59\;min$., p < 0.001), recent changes in energy($x^2\;=\;4.16$, p < 0.05), worrying about sleep($x^2\;=\;11.08$, p < 0.05), and taking naps($x^2\;=\;4.98$, p < 0.05) showed significant differences between rotating shiftworkers and normal controls. The ESS socre of shiftworkers ($8.68\;{\pm}\;3.04$) was greater than that of normal controls ($6.86\;{\pm}\;3.04$)(p < 0.01). Personality factors such as C factor($R^2\;=0.283$), I factor($R^2\;=0.358$) and G factor($R^2\;=0.470$) were related with the severity of the daytime sleepiness(p < 0.001). Conclusions : The rotating shiftwork nurses had more difficulties in sleep such as having difficulties in falling asleep and in maintaining sleep, and showed lowered energy, decreased senses of well-being and so on. The rotating shiftwork nurses experienced more severe daytime sleepiness than controls did. Personality factors, such as C factor, I factor, and G factor of 16PF were suggested to be useful for predicting the severity of daytime sleepiness resulting from rotating shiftwork.

• Journal of Gifted/Talented Education
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• v.13 no.4
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• pp.65-94
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• 2003

The purpose of this study is to acquire the information on the current situation of students' selection process in order to renovate the system of picking up the students. As a first step of the study, we examined the validity of the factors of the single-out system such as qualification and the process for the application and the standards and proceeding of the selection. Then we analysed the result of the entrance examination of Hansung Science Highschool in 2002. The analysis was on the correlation between the result of entrance examination and the achievement in the school and the decision of the course after graduation. To know on the achievement of the students, we investigated the records of regular tests and asked the teachers' opinion in math and science classes. As a result, we gained the following points: First, the present single-out system has a danger of excluding students who are much talented in science and math field because it is based on students' achievements in middle schools; Second, the new selection system should consider the character and attitude of the applicants in addition to their knowledge; Third, the continuous observation of the teacher in middle school should be an important factor of the picking up system; Fourth, more questions requiring divergent thinking ability and inquiry skill should be developed as selective examination question. Also examination questions should cover the various contents from mathematics to science, and do not affect pre-learning; Finally, the system of present letting all students stand in one line should be changed into that of letting students in various lines. We can consider using multi-step selection system.

• Journal of Legislation Research
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• no.53
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• pp.375-418
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• 2017

Recently, a specialized hospital designation system has been introduced. In this regard, it is a question of whether a hospital can be searched by using the term 'specialized hospital' or 'specialized' in Internet online search. In this paper, it was examined whether there is a possibility that the medical institution might be mistaken as a specialized hospital designated by the Ministry of Health and Welfare when the concept of 'specialized hospital' or 'specialized' was used in advertisements. The name specialized hospitals can basically have three general meaning. So, if there is a possibility of confusion or misunderstanding in connection with this general meaning, it may be false advertising. The use of concepts other than these general meanings in law does not mean that general meaning disappears from consumer perception. Therefore, although the concept of a specialized hospital in the medical service act is defined in a special sense, the meaning of the specialized hospital should also be considered according to general recognition. In conclusion, the "Guideline for Specialized Hospital Advertising" prepared by the Ministry of Health and Welfare shows that the establishment of a wide range of prohibition limits the freedom of expression of medical institutions. In addition, the comprehensive prohibition of search terms such as 'specialized', and 'advanced' prevents consumers from freely searching for medical institutions with expertise. These guidelines, which are being deprived of the opportunity for professional medical institutions to advertise themselves appropriately, must be thoroughly reviewed.

• Journal of Legislation Research
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• no.53
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• pp.419-454
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• 2017

Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

• Journal of Korean Philosophical Society
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• v.148
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• pp.1-27
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• 2018

The 10th constitution established in 1987 serves as the theoretical foundation of democracy in South Korea in the 21st century. Respect for human rights, resistance to injustice, and equality consciousness inherent in this constitution do not conflict with the content of Confucian philosophy. This means that the spirit of the constitution of South Korea in the 21st century was formed under the influence of the idea of democracy and Confucian philosophy. However, the 10th constitution attaches importance to the idea of the 'Basic free and democratic order', which was accepted in the Yushin constitution and inherited by the military forces. The Yushin constitution was affected by liberalism that prioritizes freedom over equality rather than supporting the compatibility between freedom and equality. Therefore, policies to expand the interests of the bourgeoisie rather than public welfare or the interests of the public have been implemented frequently. In particular, during the Lee Myeong-bak and Park Geun-hye regimes, many unequal phenomena were mass-produced. Confucian philosophy in the 21st century critically sees this unequal society. Confucian philosophy thinks that a sense of relative deprivation plays a role of alienating humans and emphasizes the importance of equal relationships. In addition, this constitution emphasizes the rule of law. However, the rule of law attaches importance to positive laws when the spirit of the constitution that contains natural law is applied to reality through systems. This rejects autonomous judgments and choices while inducing reliance on heteronomy. These heteronomous laws as such are accompanied by forcibleness. The positive laws as such can degrade humans into passive beings that indiscriminately adapt themselves to frames already set instead of active beings that think freely and creatively. Confucian philosophy regards and criticizes the rule of law as a system that makes humans into a means. Confucian philosophy regards humans as moral beings instead of tools. Confucian philosophy seeks to build a healthy society through morality accomplished through conscious realization of the principles of life. Confucian philosophy regards humans as originally free beings. Therefore, human beings are autonomous beings, not heteronomous beings. According to Confucian philosophy, humans beings that can realize the morality contained in their inner side by themselves to responsibly carry out their own judgments and choices. Therefore, Confucian philosophy, which considers human beings as beings to be trusted instead of beings to be distrusted, attaches importance to the realization of human decency through edification rather than by punishment through the law. This means that human values cannot be kept by the heteronomy termed positive laws but the identity of humans can be maintained by voluntary choices and judgments. As such, the comment of Confucian philosophy on the problems of liberal democracy and positive laws contained in the 10th constitution can be helpful in essentially solving the contradictions of modern South Korean society.

• Journal of the Daesoon Academy of Sciences
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• v.43
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• pp.67-102
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• 2022

The purpose of this study is to analyze the human rights found in the North Korean Constitution and their core problem by focusing on elements of human rights suggested by Daesoon Jinrihoe's doctrine of Haewon-sangsaeng (解冤相生 the Resolution of Grievances for Mutual Beneficence). Haewon-sangsaeng is seemingly the only natural law that could resolve human resentment lingering from the Mutual Contention of the Former World while leading humans work for the betterment of one another. Haewon-sangsaeng, as a natural law, includes the right to life, the right to autonomous decision-making, and duty to act according to human dignity (physical freedom, the freedom of conscience, freedom of religion, freedom of speech, freedom of press, etc.), the right to equal treatment in one's social environment, and the right to ensure the highest level of health through treatment. The North Korean Constitution does not have a character as an institutional device to guarantee natural human rights, the fundamental principle of the Constitution, and stipulates the right of revolutionary warriors to defend dictators and dictatorships. The right to life is specified so that an individual's life belongs to the life of the group according to their socio-political theory of life. Rights to freedom are stipulated to prioritize group interests over individual interests in accordance with the principle of collectivism. The right to equality and the right to health justify discrimination through class discrimination. The right to life provided to North Koreans is not guaranteed due to the death penalty system found within the North Korean Criminal Code and the Criminal Code Supplementary Provisions. The North Korean regime deprives North Koreans of their right to die with dignity through public executions. The North Korean regime places due process under the direction of the Korea Worker's Party, recognizes religion as superstition or opium, and the Korea Worker's Party acknowledge the freedoms of bodily autonomy, religion, media, or press. North Koreans are classified according to their status, and their rights to equality are not guaranteed because they are forced to live a pre-modern lifestyle according to the patriarchal order. In addition, health rights are not guaranteed due biased availability selection and accessibility in the medical field as well as the frequent shortages of free treatments.

• Korean Journal of Social Welfare Studies
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• v.42 no.4
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• pp.239-262
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• 2011

The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

• Korea Trade Review
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• v.48 no.3
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• pp.23-41
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• 2023

The seller and the buyer write down the agreed details in the trade contract as trade contract clauses. In the case where a letter of credit is agreed to be the payment condition, the buyer shall open a letter of credit to the seller with the shipping date specified in the trade contract through its bank. In this case, the legal relationship between the performance date of the trade contract and the shipment date of the letter of credit, the change of the performance date of the trade contract due to the change of the trade contract and the change of the shipment date specified in the letter of credit, the seller's letter of credit A problem arises in the legal interpretation of the approval period and the change request period. Therefore, this paper analyzed the precedents of the Seongnam Branch of the Suwon District Court and the Seoul High Court related to these legal issues. The performance date of a trade contract is the seller's delivery date and the buyer's payment date. In the letter of credit transaction, the date of performance of the trade contract is regarded as the date of shipment and the date of negotiation of documents specified in the letter of credit. The seller must decide whether to accept the letter of credit within 5 banking days after receiving the letter of credit from the buyer. After this period has elapsed, the seller cannot refuse the letter of credit. However, if the buyer is unable to decide whether to accept the letter of credit within 5 banking days due to reasons attributable to the buyer, the delivery date specified in the letter of credit will be extended. If the seller requests an amendment to the letter of credit, the buyer must accept it and open the letter of credit the seller desires to the seller. If the buyer refuses the seller's request to change the letter of credit, company A has the obligation to change and reopen the letter of credit as requested by company B. Expect by agreeing on the quotation As it is a fundamental breach of contract stipulated in Article 25 of the United Nations Convention on Contracts for the International Sale of Goods, company B can cancel the trade contract and claim damages from company A. Compensation for damages caused by Company A's breach of the trade contract shall be an amount equal to the loss suffered by Company B as a result of the breach, including loss of profits.

• Proceedings of the KOR-BRONCHOESO Conference
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• 1972.03a
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• pp.6-7
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• 1972

The air pollutants can be classified into the irritant gas and the asphixation gas, and the irritant gas is closely related to the otorhinolaryngological diseases. The common irritant gases are nitrogen oxides, sulfur oxides, hydrogen carbon compounds, and the potent and irritating PAN (peroxy acyl nitrate) which is secondarily liberated from photosynthesis. Those gases adhers to the mucous membrane to result in ulceration and secondary infection due to their potent oxidizing power. 1. Sulfur dioxide gas Sulfur dioxide gas has the typical characteristics of the air pollutants. Because of its high solubility it gets easily absorbed in the respiratory tract, when the symptoms and signs by irritation become manifested initially and later the resistance in the respiratory tract brings central about pulmonary edema and respiratory paralysis of origin. Chronic exposure to the gas leads to rhinitis, pharyngitis, laryngitis, and olfactory or gustatory disturbances. 2. Carbon monoxide Toxicity of carbon monoxide is due to its deprivation of the oxygen carrying capacity of the hemoglobin. The degree of the carbon monoxide intoxication varies according to its concentration and the duration of inhalation. It starts with headache, vertigo, nausea, vomiting and tinnitus, which can progress to respiratory difficulty, muscular laxity, syncope, and coma leading to death. 3. Nitrogen dioxide Nitrogen dioxide causes respiratory disturbances by formation of methemoglobin. In acute poisoning, it can cause pulmonary congestion, pulmonary edema, bronchitis, and pneumonia due to its strong irritation on the eyes and the nose. In chronic poisoning, it causes chronic pulmonary fibrosis and pulmonary edema. 4. Ozone It has offending irritating odor, and causes dryness of na sopharyngolaryngeal mucosa, headache and depressed pulmonary function which may eventually lead to pulmonary congestion or edema. 5. Smog The most outstanding incident of the smog occurred in London from December 5 through 8, 1952, because of which the mortality of the respiratory diseases increased fourfold. The smog was thought to be due to the smoke produced by incomplete combustion and its byproduct the sulfur oxides, and the dust was thought to play the secondary role. In new sense, hazardous is the photochemical smog which is produced by combination of light energy and the hydrocarbons and oxidant in the air. The Yonsei University Institute for Environmental :pollution Research launched a project to determine the relationship between the pollution and the medical, ophthalmological and rhinopharyngological disorders. The students (469) of the "S" Technical School in the most heavily polluted area in Pusan (Uham Dong district) were compared with those (345) of "K" High School in the less polluted area. The investigated group had those with subjective symptoms twice as much as the control group, 22.6% (106) in investigated group and 11.3% (39) in the control group. Among those symptomatic students of the investigated group. There were 29 with respiratory symptoms (29%), 22 with eye symptoms (21%), 50 with stuffy nose and rhinorrhea (47%), and 5 with sore thorat (5%), which revealed that more than half the students (52%) had subjective symptoms of the rhinopharyngological aspects. Physical examination revealed that the investigated group had more number of students with signs than those of the control group by 10%, 180 (38.4%) versus 99 (28.8%). Among the preceding 180 students of the investigated group, there were 8 with eye diseases (44%), 1 with respiratory disease (0.6%), 97 with rhinitis (54%), and 74 with pharyngotonsillitis (41%) which means that 95% of them had rharygoical diseases. The preceding data revealed that the otolaryngological diseases are conspicuously outnumbered in the heavily polluted area, and that there must be very close relationship between the air pollution and the otolaryngological diseases, and the anti-pollution measure is urgently needed.