• Journal of Preventive Medicine and Public Health
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• v.49 no.2
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• pp.80-96
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• 2016

Recently, a series of lawsuits were filed in Korea claiming tort liability against tobacco companies. The Supreme Court has already issued decisions in some cases, while others are still pending. The primary issue in these cases is whether the epidemiological evidence submitted by the plaintiffs clearly proves the causal relationship between smoking and disease as required by civil law. Proving causation is difficult in tobacco lawsuits because factors other than smoking are involved in the development of a disease, and also because of the lapse of time between smoking and the manifestation of the disease. The Supreme Court (Supreme Court Decision, 2011Da22092, April 10, 2014) has imposed some limitations on using epidemiological evidence to prove causation in tobacco lawsuits filed by smokers and their family members, but these limitations should be reconsidered. First, the Court stated that a disease can be categorized as specific or non-specific, and for each disease type, causation can be proven by different types of evidence. However, the concept of specific diseases is not compatible with multifactor theory, which is generally accepted in the field of public health. Second, when the epidemiological association between the disease and the risk factor is proven to be significant, imposing additional burdens of proof on the plaintiff may considerably limit the plaintiff's right to recovery, but the Court required the plaintiffs to provide additional information such as health condition and lifestyle. Third, the Supreme Court is not giving greater weight to the evidential value of epidemiological study results because the Court focuses on the fact that these studies were group-level, not individual-level. However, group-level studies could still offer valuable information about individual members of the group, e.g., probability of causation.

• Journal of Nutrition and Health
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• v.43 no.6
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• pp.597-606
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• 2010

This study investigates the change of level of psychosocial factors of decisional balance, processes of change, and self-efficacy after nutrition education on vegetable and fruit intake of children in pre-action stages. Forty-seven 5th grade elementary school children in Yeongi-Gun, Chungnam-Do were categorized into pre-action stages from a total of 71 children by four-stage questions, and then finally into two stages of precontemplation and contemplation & preparation. After 6 weeks nutrition education, recognition of both of pros and cons of vegetable intake were improved in the two groups of precontemplation and contemplation & preparation. In fruits intake, however, recognition of pros was not changed after nutrition education in either stage, but recognition of cons was improved only in the precontemplation stage. However, no difference in any psychosocial variables was found between precontemplation stage and contemplation & preparation stage. After the nutrition education, the score of consciousness raising of vegetable intake belonging to cognitive process of change increased in the subjects of the precontemplation stage, wheres the scores of dramatic relief, self-reevaluation, environment reevaluation and social liberation increased in the group of contemplation & preparation. In fruit intake, however, no change was found except in the environment reevaluation in the precontemplation group. The behavioral process of change of vegetable and fruit intake did not show any change in either group after nutrition education. Self-efficacy scores of vegetable intake of keeping the foods at hand, eating the recommended number of servings and making time to eat increased in the precontemplation group, while in the contemplation & preparation group, self efficacy scores of shopping for a variety of vegetables, instead of keeping the foods at hands, as well as the scores of the rest two items of eating the recommended number of servings and making time to eat increased after nutrition education. However, in case of fruits intake, no difference was shown in the precontemplation stage except an item of keeping the foods at hand. The results indicated that the stage of change was progressed in the pre-action stage after nutrition education and the scores of many psychosocial factors increased in both pre-action stages. It is suggested that the recognition of cons as well as the cognitive process of change and self-efficacy could be best used as indicators of the assessment of nutrition education program for vegetable intake.

• Journal of dental hygiene science
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• v.9 no.1
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• pp.115-120
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• 2009

The purpose of this study was to utilize it as a basic data for local self-government in each region to plan and perform the oral health program targeting children and mothers as guardian. Data had been obtained by using children's oral examination and mothers' self-reported questionnaire method from June 1 to June 30 in 2007 targeting kindergartens where are located in the region of Hwaseong city. The survey was conducted targeting totally 239 people. Its results are as follows. 1. The healthy-tooth rate in the whole children accounted for 79.12%, thus girls were indicated to be a little higher with 80.36% than boys with 78.13%. Carious-tooth rate showed 8.74% for boys and 6.07% for girls. The dental-caries experience treatment rate showed 11.37% for boys and 12.59% for girls. 2. The index of children at age 5, df rate was 39.3% in the whole, thereby having been indicated that boys with 41.3% are higher than girls with 37.2%. Even dft index is showing the higher index in boys with 3.9 than girls with 3.2. 3. As a result of examining mothers' oral-health behavior, mothers with out employment thought the self oral-health state to be good(p = 0.002). In appearance of scaling experience or of periodic dental checkup, a slight difference is being shown according to general characteristics, but wasn't significant. 4. As a result of examining children's oral management, it was indicated that the higher economic level(p = 0.011) and the more in mothers without employment lead to giving a light meal less(p = 0.41). In appearance of children's periodic dental checkup, the higher academic background level(p = 0.047) and the more employment(p = 0.044) led to receiving dental examination.

• The Korean Journal of Air & Space Law and Policy
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• v.31 no.2
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• pp.177-214
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• 2016

During more than 20 years of practice, Civil Aviation Law has experienced three times of amendments since it was enacted in 1995. But these revisions are limited to the technical level. The problems and limitations have become increasingly prominent in its implementation. Firstly, the civil aviation law is the result of interests game among several departments and some legal issues was left behind and the regulation was very vague as a result. Secondly, the process of aviation legislation is the process that the country has undergone profound changes and social transformation. The 20 years is long enough for the society to undergo tremendous changes and 1995 version of civil aviation law does not keep pace of development of economy. There was a serious lag between reality and the law. In order to actively promote the development of the aviation industry and overcome implementation issues of the Civil Aviation Law, Civil Aviation Administration of China (CAAC) initiated modification procedure the law and published new draft of Civil Aviation Law in August 2016. The spirit of this modification is to learn and absorb new achievements of domestic and foreign legislation and the International Convention on civil aviation. Furthermore, the purpose of the revision is to provide favorable policy for the development of civil aviation industry and improve aviation safety and supervision, strengthen and protection of consumer rights and interests, to enhance the safety of civil aviation activities, and promote the development of general aviation. This revision concerned to the 78 articles which are revised or deleted and 24 articles added. The highlights of the draft include but not limited to the enhancement of security management, clarification of the main responsibility for production safety. And also it added the provisions related to the construction of effective tracking capability of public air transport enterprises and license system on the transport of dangerous goods. Compared with the existing civil aviation law, the draft has made a great improvements. But there are several deficiencies and limitations in the drafts. These problems need to be supplemented and perfected through further amendments in near future.

• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.103-125
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• 2020

This paper reviews the EU Case, Claudia Wegener v. Royal Air Maroc SA [2018] ECLI:EU:C:2018:361, Case C-537/17. It analyzes some issues as to Wegener case by examining EU Regulations and practical point of views. Article 3(1)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, entitled scope, provides: "this Regulation shall apply: (a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies; (b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier." ECJ held that must be interpreted as meaning that Regulation (EC) No 261/2004 applies to a passenger transport effected under a single booking and comprising, between its departure from an airport situated in the territory of a Member State and its arrival at an airport situated in the territory of a third State, a scheduled stopover outside the European Union with a change of aircraft. According to the Court, it is apparent from the regulation and case-law that when, as in the present case, two (or more) flights are booked as a single unit, those flights constitute a whole for the purposes of the right to compensation for passengers. Those flights must therefore be considered as one and the same connecting flight.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.297-341
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• 2017

We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.

• Journal of The Korean Association For Science Education
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• v.32 no.4
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• pp.555-569
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• 2012

Many science education research and practices are recently emphasizing the importance of collaborative learning. This study also understands learning in aspects of socio-cultural context, and regarded the creation of meaning in a same-age group as an important learning process. This is most especially true in the premise that the formation of roles in a collaborative learning is important for successful interactive learning. This study aims to find out how roles form in a group. For this purpose, university students participating in a group discussion activity about energy flow and circulation of material were selected as research participants. Discussions among the nine students in one group consisted of cognitive conversations on the topic and operational conversations for preparing a presentation. Video-clips of the discussions were made and transcribed. For the analysis, we developed a framework that includes four interaction functions (cognitive, organizational, meta-cognitive, operational), four action elements (question, simple answer, providing opinion, response to opinion), and two to four intention elements by each action elements. As a result, a total of nine roles were revealed through the interaction function and element; cognitive questioner, operational questioner, simple answerer, operational suggester, organizational commander, operational commander, cognitive explainer, terminator, reflective thinker. These roles are re-classified into seven utterance patterns by the utterance order and object, and they were categorized into three role groups (facilitating interaction, sustaining interaction, finishing interaction). The result means that role formation and function can have influence on learning and interaction. This study is meaningful to the suggestion to collaborative learning including project-based learning, investigation, club activity, and for the re-illumination of the role in an aspect of the interaction.

• Journal of the Korean Institute of Landscape Architecture
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• v.36 no.6
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• pp.91-101
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• 2009

In this study, the landscape of Insa-dong was interpreted from the viewpoint of a social construction of landscape, which regards the dynamic process of landscape change as more important than landscape visibility. This viewpoint also regards landscape as the result of its interaction with certain actors. From a review of previous studies on the same subject, it was found that the physical environment, institutions, and images are essential factors influencing landscape change. Insa-dong, which was Kwanindaing and Daesadong during the Joseon Dynasty, acquired symbolic meaning as a traditional area during the Japanese colonial period because of its many antique shops and Korean-style buildings. In 1970, the establishment of modern galleries in the district added to its image as a haven of the traditional Korean culture. Insa-dong thus eventually came to be referred to as "the street of traditional culture" by the people of Korea. Thanks to global festivals like the Asian Games, the Olympics, and the World Cup, Insa-dong's reputation as a cultural tourist destination has become stronger as these festivals created a need for a place in Korea where the country's traditional culture can be showcased to foreign tourists. After the mid-1990s, the merchants of Insa-dong began to cash in on the district's image as a showcase of traditional Korean culture due to the economic depression that emerged then. The people of Insa-dong and those outside it, however, came to feel that this trend damaged the district's image. Therefore, the people of Insa-dong and the district's local government started a movement to restore the aesthetic value and symbolic meaning of the district's landscape. This effort induced institutional change. Insa-dong used to be a natural haven of traditional Korean culture. Its landscape has recently been reconstructed so that this image could be restored. This process was made possible by the active interaction of diverse people: merchants, users, administrators, and NGOs.

• Journal of the Korean Institute of Landscape Architecture
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• v.41 no.6
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• pp.72-83
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• 2013

This study suggests the necessity of landscaping alternatives for the succession of Takjok(濯足) culture by considering the background and meaning of Takjok's cultural phenomenon shown in old literatures and paintings and its result is as follows. An old idiom, 'Takyoung Takjok(濯纓濯足)' implying a disinterested living attitude from the mundane world and an attitude complying with nature, has been sublimated to 'Takjokjiyu(濯足之遊)' which means living in comfortable retirement through life in seclusion(隱逸). Classical scholars immerse their feet in soft-flowing(柔軟) water for 'Mulailche(物我一體; synchronized with nature)' which is a unified condition with 'Do(道; truth)' and connected to the stage of 'Yu(遊)', a free mental state, and its nature. The cultural phenomenon of Takjok appeared in the inherited landscape paintings in the Joseon dynasty period after the late stage of Koryo. Takjok shown in 'Pal Kyung Shi'(八景詩; poetry singing for the eight scenary) was described as not a transcendent scene, but as a scenery of daily life. Dense forest and water, such as a stream with clean water, rocks, and pine trees shown in Takjok paintings have been symbolized as a seclusion space for classical scholars with higher thinking and their mental states have been more emerged. Mental pleasures called as seclusion and Takjokjiyu have been relatively emphasized in the Takjok paintings of the Joseon Dynasty period contrary to the Chinese Takjok paintings emphasizing Chung Gye(淸溪; clean stream) and Chang Rang(滄浪; high and clean wave) and strongly representing the image of 'Chung Ryu'(淸流; clean flowing water) and the veneration for antiquity. The view of nature described in the Takjok paintings represents the provision of nature as a situation and attitudes of classical scholars and implies a Taoism perspective which describes the 'do' of nature. This view of nature itself remained intact(無爲自然) with the love of mountains and water, showing a side of the zeitgeist and aesthetic consciousness of China and Joseon. The 'Takjokjiyu' of both countries has be interpreted as a symbol of personality development, behavior, life in seclusion, or transcending the mundane world and has also been accepted as a method of summer vacation in the real world. It should be considered that Takjok includes ordinary people's wisdom to resist the hot weather, as well as the classical scholar's ideal and the veneration of antiquity. From this perspective, water space, Takjok rocks, and the use of water based on the environmental supportability should be newly focused as a recreational space and it reminds us that the spirit of Takjok is a classical mental healing method.

• Journal of Environmental Impact Assessment
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• v.25 no.3
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• pp.209-221
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• 2016

The section from water source to 2.6km upper stream of Hantan River is protected as the drinking water quality protection area according to guidelines of Ministry of Environment, because water source of the Gwanin water intake plant has been known the river. However, opinions were consistently brought up that the standard of water source protection zone must be changed with using underground water as water source because of contribution possibility of underground water as the water source of Gwanin water intake facility. In this regard, hydrogeologic investigation including resistivity survey and hydrogeochemical investigation were carried out to assess water source and infiltration of contaminant for the plant. Quaternary basaltic rocks (50m thick with four layers) covered most of the study area on the granite basement. As the result of the resistivity survey, it is revealed that permeable aquifer is distributed in the boundary of two layers: the basaltic layer with low resistivity; and the granite with high resistivity. Considering of outflow from Gwanin water intake facility, the area possessing underground water was estimated at least $5.7km^2$. The underground water recharged from Cheorwon plain was presumed to outflow along the surface of unconformity plane of basalt and granite. Based on field parameters and major dissolved constituents, groundwater and river water clearly distinguished and the spring water was similar to groundwater from the basaltic aquifer. Temporal variation of $SiO_2$, Mg, $NO_3$, and $SO_4$ concentrations indicated that spring water and nearby groundwater were originated from the basaltic aquifer and other groundwater from granitic aquifer. In conclusion, the spring of the Gwanin water intake plant was distinguished from river water in terms of hydrogeochemical characteristics and mainly contributed from the basaltic aquifer.