• Title/Summary/Keyword: Control of Access

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Operative Challenges in Releasing Administrative Information and Records (행정정보 및 보존기록물 공개의 운영과제)

  • Lee, Won-Kyu
    • The Korean Journal of Archival Studies
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    • no.12
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    • pp.81-135
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    • 2005
  • The release of administrative information has been the challenge of our age following the maturation of democratic ideology in our society. However, differences of opinion and conflict still exist between the government and private sectors regarding the issue, and it seems that the technical and policy-related insufficiencies of information and record management that actually operate the release of information are the main causes. From the perspective of records management, records or information are variable in their nature, value, and influence during their life span. The most controversial issue is the records and information in the current stage of carrying out business activities. This is because the records and information pertaining to finished business are but evidence to ascertain the past, and have only a limited relationship to the ideal of the 'democratic participation' by citizens in activities of the public sector. The current information release policies are helpless against the 'absence of information,' or incomplete records, but such weakness can be supplemented by enforcing record management policies that make obligatory the recording of all details of business activities. In addition, it is understood that the installation of 'document offices("Jaryogwan")' that can manage each organization's information and records will be an important starting point to integrate the release, management, and preservation of information and records. Nevertheless, it seems that the concept of 'release' in information release policies refers not to free use by all citizens but is limited to the 'provision' of records according to public requests, and the concept of 'confidential' refers not to treating documents with total secrecy but varies according to the particulars of each situation, making the actual practice of information release difficult. To solve such problems, it is absolutely necessary to collect the opinions of various constituents associated with the recorded information in question, and to effectively mediate the collective opinions and the information release requests coming from applicants, to carry out the business more practically. Especially crucial is the management of the process by which the nature and influence of recorded information changes, so that information which has to be confidential at first may become available for inquiry and use over time through appropriate procedures. Such processes are also part of the duties that record management, which is in charge of the entire life span of documents, must perform. All created records will be captured within a record management system, and the record creation data thus collected will be used as a guide for inquiry and usage. With 'document offices(Jaryogwan)' and 'archives' controlling the entire life span of records, the release of information will become simpler and more widespread. It is undesirable to try to control only through information release policies those records the nature of which has changed because, unlike the ones still in the early stages of their life span and can directly influence business activities, their work has finished, and they have become historical records or evidences pointing to the truth of past events. Even in the past, when there existed no formal policy regarding the release of administrative information, the access and use of archival records were permitted. A more active and expanded approach must be taken regarding the 'usage' of archival records. If the key factor regarding 'release' lies in the provision of information, the key factor regarding 'usage' lies in the quality and level of the service provided. The full-scale usage of archival records must be preceded by the release of such records, and accordingly, a thorough analysis of the nature, content, and value of the records and their changes must be implemented to guarantee the release of information before their use is requested. That must become a central task of document offices and "Today's information" will soon become "yesterday's records," and the "reality" of today will become "history" of the past. The policies of information release and record management share information records as their common objective. As they have a mutual relationship that is supplementary and leads toward perfection, the two policies must both be differentiated and integrated with each another. It is hoped that the policies and business activities of record management will soon become normalized and reformed for effective and fair release of information.

A Characteristics of Maintenance Planning of Trees in Historical Landscape Forest of Royal Tombs of the Joseon Dynasty (조선왕릉 역사경관림 수목 정비 계획의 특성)

  • So, Hyun-Su;Lee, Jong-Keun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.36 no.3
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    • pp.88-99
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    • 2018
  • After UNESCO appointed Royal Tombs of the Joseon Dynasty to be World Cultural Heritages(2009), Cultural Heritage Administration in Korea established Management Office of Royal Tombs of the Joseon Dynasty(2012) and conducted Mid to Long-Term Plan on Conservation, Management, Utilization of World Heritage 'Royal Tombs of the Joseon Dynasty(2015)'. The report, as an implementation plan, provides detailed contents of the maintenance planning of Royal Tombs of the Joseon Dynasty. From this background, with a view to comprehending the characteristics of the maintenance planning of trees in historical landscape forests, this study extracted the contents related to the historical landscape forests of the 40 Royal Tombs of the Joseon Dynasty from the "Mid to Long-term Plan" and conducted literature research. The results of the study are as follows. First, from 2016, the short-term plans have provided detailed contents on logging, transplanting and planting trees in the plans divided by stages. On the other hand, the long-term plans, instead of presenting abstract contents repeatedly for each royal tomb, should seek vegetation landscape that each royal tomb should aim for. Second, since the areas that are in charge of the various functions of the royal tombs have been subjects to the maintenance planning, it is effective to establish a maintenance planning by separating functional areas instead of the comprehensive concept as historical landscape forests. Third, the maintenance planning of trees in historical landscape forest of the Royal Tombs of Joseon Dynasty is based on daily management such as density control and maintaining the shape of trees, which is necessary to sustain the forest. Also, due to the goal of preserving the pine forest, which is recognized as a prototype vegetation landscape, foreign species and other trees have been more cut down. With a few limited types of tall tree but few shrubs and flowers, it is characterized that the orientation toward aesthetic landscapes is insufficient in large green spaces. Fourth, according to the function of the tomb, it is divided into entrance area, ceremonial area, burial area and outer forest, and the contents of the maintenance planning are analyzed by basic conditions of tree management: prototype, ecology, functionality, and aesthetics. After studying the tree management characteristics of each area, four suggestions are made: understanding the diversity of trees that form prototype landscape as a management plan, sustainability of various forests adapted to ecological environment, convenience required in addition to ceremony and safety characterizing the Royal Tombs of Joseon Dynasty, and the necessity of access to aesthetic landscape on the tombs.

Clinical Studies on Locally Invasive Thyroid Cancer (국소침범한 갑상선암의 임상적 고찰)

  • Kim Young-Min;Lee Chang-Yun;Yang Kyung-Hun;Rho Young-Soo;Park Young-Min;Lim Hyun-Jun
    • Korean Journal of Head & Neck Oncology
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    • v.14 no.2
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    • pp.236-243
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    • 1998
  • Objectives: Local invasion of the thyroid cancer that is invasion of the upper aerodigestive tract, neurovascular structures of the neck and superior mediastinum, is infrequent and comprises of 1-16% of well-differentiated thyroid cancer. However the proximity of the thyroid gland to these structures provides the means for an invasive cancer to gain ready access into theses structures and when invasion occurs, it is the source of significant morbidity and mortality. So locally invasive thyroid cancer should be removed as much as possible, but still much debates have been exist whether the surgical method should be radical or conservative. This study was desinged to evaluate the clinical characteristics and the surgical treatment of the locally invasive thyroid cancer. Material and Methods: At the department of otorhinolaryngology of Hallym university, 10 patients diagnosed as locally invasive thyroid cancer among the 81 patients treated for thyroid cancer between 1991 to 1997 were retrospectively evaluated. Results: Of the 10 patients, 3 patients had histories of previous surgical treatment with or without radiation or radioactive iodine therapy. The site of invasion of thyroid cancer were trachea(7 cases), recurrent laryngeal nerve(5 cases), mediastinal node(5 cases), esophagus(3cases), larynx(3cases), carotid artery(3 cases), pharynx(l case), and other sites(4 cases). The operation techniques included 1 partial laryngectomy and 1 partial cricoid resection, 2 shavings and 3 window resections of the trachea, 1 sleeve resection of the trachea with end-to-end anastomosis and 1 cricotracheoplasty for tracheal invasion, 2 shavings and 1 partial esophagectomies for esophageal invasion, and 1 wall shaving and 2 partial resections with $Gortex^{\circledR}$ tube reconstruction for carotid artery invasion, and so on. Conclusions: These data and review of literature suggest that the surgical method should be perfomed on the basis of individual condition and complete removal of all gross tumor with preservation of vital structures whenever possible will offer a good result.

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Structural Relationships Among Factors to Adoption of Telehealth Service (원격의료서비스 수용요인의 구조적 관계 실증연구)

  • Kim, Sung-Soo;Ryu, See-Won
    • Asia pacific journal of information systems
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    • v.21 no.3
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    • pp.71-96
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    • 2011
  • Within the traditional medical delivery system, patients residing in medically vulnerable areas, those with body movement difficulties, and nursing facility residents have had limited access to good healthcare services. However, Information and Communication Technology (ICT) provides us with a convenient and useful means of overcoming distance and time constraints. ICT is integrated with biomedical science and technology in a way that offers a new high-quality medical service. As a result, rapid technological advancement is expected to play a pivotal role bringing about innovation in a wide range of medical service areas, such as medical management, testing, diagnosis, and treatment; offering new and improved healthcare services; and effecting dramatic changes in current medical services. The increase in aging population and chronic diseases has caused an increase in medical expenses. In response to the increasing demand for efficient healthcare services, a telehealth service based on ICT is being emphasized on a global level. Telehealth services have been implemented especially in pilot projects and system development and technological research. With the service about to be implemented in earnest, it is necessary to study its overall acceptance by consumers, which is expected to contribute to the development and activation of a variety of services. In this sense, the study aims at positively examining the structural relationship among the acceptance factors for telehealth services based on the Technology Acceptance Model (TAM). Data were collected by showing audiovisual material on telehealth services to online panels and requesting them to respond to a structured questionnaire sheet, which is known as the information acceleration method. Among the 1,165 adult respondents, 608 valid samples were finally chosen, while the remaining were excluded because of incomplete answers or allotted time overrun. In order to test the reliability and validity of the assessment scale items, we carried out reliability and factor analyses, and in order to explore the causal relation among potential variables, we conducted a structural equation modeling analysis using AMOS 7.0 and SPSS 17.0. The research outcomes are as follows. First, service quality, innovativeness of medical technology, and social influence were shown to affect perceived ease of use and perceived usefulness of the telehealth service, which was statistically significant, and the two factors had a positive impact on willingness to accept the telehealth service. In addition, social influence had a direct, significant effect on intention to use, which is paralleled by the TAM used in previous research on technology acceptance. This shows that the research model proposed in the study effectively explains the acceptance of the telehealth service. Second, the research model reveals that information privacy concerns had a insignificant impact on perceived ease of use of the telehealth service. From this, it can be gathered that the concerns over information protection and security are reduced further due to advancements in information technology compared to the initial period in the information technology industry, and thus the improvement in quality of medical services appeared to ensure that information privacy concerns did not act as a prohibiting factor in the acceptance of the telehealth service. Thus, if other factors have an enormous impact on ease of use and usefulness, concerns over these results in the initial period of technology acceptance may become irrelevant. However, it is clear that users' information privacy concerns, as other studies have revealed, is a major factor affecting technology acceptance. Thus, caution must be exercised while interpreting the result, and further study is required on the issue. Numerous information technologies with outstanding performance and innovativeness often attract few consumers. A revised bill for those urgently in need of telehealth services is about to be approved in the national assembly. As telemedicine is implemented between doctors and patients, a wide range of systems that will improve the quality of healthcare services will be designed. In this sense, the study on the consumer acceptance of telehealth services is meaningful and offers strong academic evidence. Based on the implications, it can be expected to contribute to the activation of telehealth services. Further study is needed to assess the acceptance factors for telehealth services, such as motivation to remain healthy, health care involvement, knowledge on health, and control of health-related behavior, in order to develop unique services according to the categorization of customers based on health factors. In addition, further study may focus on various theoretical cognitive behavior models other than the TAM, such as the health belief model.

THE EFFECT OF CONCENTRATION AND APPLICATION TIME OF HYDROGEN PEROXIDE ON THE MICROTENSILE BOND STRENGTH OF RESIN RESTORATIONS TO THE DENTIN AT DIFFERENT DEPTHS (과산화수소의 농도와 적용시간이 상아질의 깊이에 따라 레진 수복물의 미세인장결합강도에 미치는 영향)

  • Son, Jeong-Lyong;Lee, Gye-Young;Kang, Yu-Mi;Oh, Young-Taek;Lee, Kwang-Won;Kim, Tae-Gun
    • Restorative Dentistry and Endodontics
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    • v.34 no.5
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    • pp.406-414
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    • 2009
  • The purpose of this study was to examine the effect of hydrogen peroxide at different application time and concentrations on the microtensile bond strength of resin restorations to the deep and the pulp chamber dentin. A conventional endodontic access cavity was prepared in each tooth, and then the teeth were randomly divided into 1 control group and 4 experimental groups as follows: Group 1, non treated; Group 2, with 20% Hydrogen peroxide ($H_2O_2$); Group 3, with 10% $H_2O_2$; Group 4, with 5% $H_2O_2$; Group 5, with 2.5% $H_2O_2$; the teeth of all groups except group 1 were treated for 20, 10, and 5min. The treated teeth were filled using a Superbond C&B (Sun medical Co., Shiga, Japan). Thereafter, the specimens were stored in distilled water at $37^{\circ}C$ for 24-hours and then sectioned into the deep and the chamber dentin. The microtensile bond strength values of each group were analyzed by 3-way ANOVA and Tukey post hoc test(p < 0.05). In this study, the microtensile bond strength of the deep dentin (D1) was significantly greater than that of the pulp chamber dentin (D2) in the all groups tested. The average of microtensile bond strength was decreased as the concentration and the application time of $H_2O_2$ were increased. Analysis showed significant correlation effect not only between the depth of the dentin and the concentration of $H_2O_2$ but also between the concentration of H202 and the application time(p < 0.05), while no significant difference existed among these three variables(p > 0.05). The higher $H_2O_2$ concentration, the more opened dentinal tubules under a scanning electron microscope(SEM) examination.

The Relationship between Internet Search Volumes and Stock Price Changes: An Empirical Study on KOSDAQ Market (개별 기업에 대한 인터넷 검색량과 주가변동성의 관계: 국내 코스닥시장에서의 산업별 실증분석)

  • Jeon, Saemi;Chung, Yeojin;Lee, Dongyoup
    • Journal of Intelligence and Information Systems
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    • v.22 no.2
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    • pp.81-96
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    • 2016
  • As the internet has become widespread and easy to access everywhere, it is common for people to search information via online search engines such as Google and Naver in everyday life. Recent studies have used online search volume of specific keyword as a measure of the internet users' attention in order to predict disease outbreaks such as flu and cancer, an unemployment rate, and an index of a nation's economic condition, and etc. For stock traders, web search is also one of major information resources to obtain data about individual stock items. Therefore, search volume of a stock item can reflect the amount of investors' attention on it. The investor attention has been regarded as a crucial factor influencing on stock price but it has been measured by indirect proxies such as market capitalization, trading volume, advertising expense, and etc. It has been theoretically and empirically proved that an increase of investors' attention on a stock item brings temporary increase of the stock price and the price recovers in the long run. Recent development of internet environment enables to measure the investor attention directly by the internet search volume of individual stock item, which has been used to show the attention-induced price pressure. Previous studies focus mainly on Dow Jones and NASDAQ market in the United States. In this paper, we investigate the relationship between the individual investors' attention measured by the internet search volumes and stock price changes of individual stock items in the KOSDAQ market in Korea, where the proportion of the trades by individual investors are about 90% of the total. In addition, we examine the difference between industries in the influence of investors' attention on stock return. The internet search volume of stocks were gathered from "Naver Trend" service weekly between January 2007 and June 2015. The regression model with the error term with AR(1) covariance structure is used to analyze the data since the weekly prices in a stock item are systematically correlated. The market capitalization, trading volume, the increment of trading volume, and the month in which each trade occurs are included in the model as control variables. The fitted model shows that an abnormal increase of search volume of a stock item has a positive influence on the stock return and the amount of the influence varies among the industry. The stock items in IT software, construction, and distribution industries have shown to be more influenced by the abnormally large internet search volume than the average across the industries. On the other hand, the stock items in IT hardware, manufacturing, entertainment, finance, and communication industries are less influenced by the abnormal search volume than the average. In order to verify price pressure caused by investors' attention in KOSDAQ, the stock return of the current week is modelled using the abnormal search volume observed one to four weeks ahead. On average, the abnormally large increment of the search volume increased the stock return of the current week and one week later, and it decreased the stock return in two and three weeks later. There is no significant relationship with the stock return after 4 weeks. This relationship differs among the industries. An abnormal search volume brings particularly severe price reversal on the stocks in the IT software industry, which are often to be targets of irrational investments by individual investors. An abnormal search volume caused less severe price reversal on the stocks in the manufacturing and IT hardware industries than on average across the industries. The price reversal was not observed in the communication, finance, entertainment, and transportation industries, which are known to be influenced largely by macro-economic factors such as oil price and currency exchange rate. The result of this study can be utilized to construct an intelligent trading system based on the big data gathered from web search engines, social network services, and internet communities. Particularly, the difference of price reversal effect between industries may provide useful information to make a portfolio and build an investment strategy.

Limitations on Exclusive Rights of Authors for Library Reprography : A Comparative Examination of the Draft Revision of Korean Copyright Law with the New American Copyright Act of 1976 (저작권법에 준한 도서관봉사에 관한 연구 -미국과 한국의 저자재산권의 제한규정을 중시으로-)

  • 김향신
    • Journal of Korean Library and Information Science Society
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    • v.11
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    • pp.69-99
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    • 1984
  • A dramatic development in the new technology of copying materials has presented us with massive problems on reconciling the conflicts between copyright owners and potential users of copyrighted materials. The adaptation to this changing condition led some countries to revise their copyright laws such as in the U. S. in 1976 and in Korea in 1984 for merging with the international or universal copyright conventions in the future. Copyright defined as exclusive rights given to copyright owners aims to secure a fair return for an author's creative labor and to stimulate artistic creativity for the general public good. The exclusive rights on copyrightable matters, generally for reproduction, preparation of derivative works, public distribution, public performance, and public display, are limited by fair use for scholarship and criticism and by library reproduction for its preservation and interlibrary loan. These limitations on the exclusive rights are concerned with all aspects of library services and cause a great burden on librarian's daily duty to provide balance between the rights of creators and the needs of library patrons. The fair use as one of the limitations on it has been coupled with enormous growth of a new technology and extended from xerography to online database systems. The implementation of the fair use and library reprography in Korean law to the local practices is examined on the basis of the new American copyright act of 1976. Under the draft revision of Korean law, librarians will face many potential problems as summarized below. 1. Because the new provision of 'life time plus 50 years' will tie up substantial bodies of material longer than the old law, until that date librarians would need permissions from the owners and should pay attention to the author's death date. 2. Because the copyright can be sold, distributed, given to the heirs, donated, as a whole or a part, librarians should chase down the heirs and other second owners. In case of a derivative work, this is a real problem. 3. Since a work has its protection from the moment of its creation, the coverage of copyrightable matter would be extended to the published or the unpublished works and librarian's work load would be heavier. Without copyright registration, no one can be certain that a work is in the public domain. Therefore, librarians will need to check with an authority. 4. For implementation of limitations on exclusive rights, fair use and library reproduction for interlibrary loan, there can be no substantial aggregate use and there can be no systematic distribution of multicopies. Therefore, librarians should not substitute reproductions for subscriptions or purchases. 5. For the interlibrary loan by photocopying, librarians should understand the procedure of royalty payment. 6. Compulsory licenses should be understood by librarians. 7. Because the draft revision of Korean law is a reciprocal treaty, librarians should take care of other countries' copyright law to protect foreign authors from Korean law. In order to solve the above problems, some suggestions are presented below. 1. That copyright clearinghouse or central agency as a centralized royalty payment mechanism be established. 2. That the Korean Library Association establish a committee on copyright. 3. That the Korean Library Association propose guidelines for each occasion, e.g. for interlibrary loan, books and periodicals and music, etc. 4. That the Korean government establish a copyright office or an official organization for copyright control other than the copyright committee already organized by the government. 5. That the Korean Library Association establish educational programs on copyright for librarians through seminars or articles written in its magazines. 6. That individual libraries provide librarian's copyright kits. 7. That school libraries distribute subject bibliographies on copyright law to teachers. However, librarians should keep in mind that limitations on exclusive rights are not for an exemption from library reprography but as a convenient access to library resources.

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Military Activity and Combat in Hapcheon Area during the Imjin Invasion Period (임진왜란시기 합천지역의 의병 활동과 전투)

  • Kwak, Nak-hyun
    • (The)Study of the Eastern Classic
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    • no.70
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    • pp.257-301
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    • 2018
  • The purpose of the study is to examine righteous army activity and combat in Hapcheon during the Imjin invasion period. The resulting conclusions are as follows. First, Chung In-hong raised a righteous army in Hapcheon and Kim Myeon raised an army in Goryeong. Chung In-hong commanded the army and fought against Japanese army with a leadership of knowing the enemy and himself, and Kim Myeon commanded the army and fought against Japanese military with a leadership of harmony. Second, battles of Chung In-hong's righteous army are the first Mugye battle, the ambush battle in Sawon-dong, the Chogye Majin battle, the Aneon battle, and the third Seongju Castle battle. Battles of Kim Myeon's righteous army are the Yeongang battle, the Gaesanpo battle, the second Mugye battle, the Ucheok-hyeon battle, the Jirye battle, and the Sarangam battle. Battles that Chung In-hong and Kim Myeon united and fought are the first and second Seongju Castle battles. In Jeongyu Jaeran, Chung In-hong played a role of Jodosa who takes charge of provisions in the right area of Gyeongsang. In addition, Hapcheon was the access road and transport route where Japanese army entered Jeolla-do. Third, participation and role of Ming troops are part of restraint device against Japanese army with military tactics of ii chei(using foreigners to control foreigners) to remove Japanese army from Joseon and defend Yodong. After a victory of Li Rusong in Pyeongyang Castle in January, 1593(the 26th year of Seongjo), Ming troops pursued practical interest through peace talks rather than active battles. When there was practically Siege of Jinju, Yujeong troops of Ming entered with hand-to-hand martial arts of Sacheon soldiers in late June, 1593, but did not participate because they should wait for orders of Gyeongnyak Song Eung-chang and Admiral Li Rusong. Fourth, in the Imjin invasion period, Joseon suffered terrible damage such as ruin of the whole country by invasion of Japanese army and in need of aid of military rice from Ming troops, but righteous armies and the royal forces in each area cooperated so defeated Japanese army. It is understood through a case of Hapcheon in the right area of Gyeongsang. Especially, Joseon did not succumb to pressure of Ming troops that used full powers to two aspects such as settlement and battle with Japan during the war, and did not lose national confidence and pride by showing a fighting will to fight against Japanese army to the end with independence. Such a spiritual culture originated from homeland protection and loyalty to the king, and is national spirit of resistance that sublimates the united mind and spirit of community to protect a country against foreign invasion.

A Study on Prototype Landscape of Mujang-Eupchi(茂長邑治) during Joseon Dynasty (조선시대 무장읍치(茂長邑治)의 원형경관 고찰)

  • Sim, Soon-hee;Song, Suk-ho;Kim, Choong-sik
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.40 no.1
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    • pp.1-14
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    • 2022
  • This study focused on examining the location characteristics of Mujang-Eupchi(茂長邑治), a traditional city of Joseon Dynasty, and shedding light on its prototype landscape. The findings were summarized as follows: Mujang-Eupchi showed a Confucian space system with Munmyo(文廟) within Hyanggyo(鄕校) in the east, Sajikdan(社稷壇) in the west, Seonghwangsa(城隍祠) in the fortress and Yeodan(厲壇) and Seonghwangdan(城隍壇) in Jinsan(鎭山) in the north around the Mujang-Eupseong(茂長邑城), an old fortress, built in the 17th year of King Taejong(1417). It seemed that Seonghwangdan located in Jinsan maintained a coexistence system with Seonghwangsa(城隍祠) within the Eupseong. A Pungsu(風水) stream in a V-shape ran before the southern gate of Eupseong, forming a Sugu(水口) in front of Namsan(南山) that was an Ansan(案山). They dug a southern pond called Hongmunje(紅門堤) to protect the vitality of the village and built Gwanpungjeong(觀豊亭). In the 19th century, Hongmunje and Gwanpungjeong were renamed into Muheungje(茂興堤) and Muheungdang(茂興堂), respectively. Eupsu(邑藪) were planted in front of the southern pond including Wondo(圓島), and Songdeokbi(頌德碑), Dangsanmok(堂山木), and Dangsanseok(堂山石) served as a Sugumagi(水口막이) and protected the entrance of Eupchi. After the Liberation, the southern pond was buried in 1955, and a market was formed at the site, which resulted in the disappearance of its prototype. The study also investigated the name and location of Chilgeori(七거리) in the village as it was lost following the unification of Bu(府), Gun(郡), and Myeon(面) titles in 1914 during the Japanese colonial period. Chilgeori Dangsan was based on Yin and Yang theory and became the subject of the organization mainly composed of Grandfather Dangsan menhir and Grandmother Dangsan tree. Chilgeori Dangsan was a religious place of the community to guard the village, serving as seven gateways to control access at the village boundary and it had a locational feature of protecting the inner mountain ranges of Eupchi.

A Study on the Major Issues and Legislative Considerations of CCTV Installation in an Operating Room (수술실 CCTV 설치의 쟁점과 입법방향에 관한 소고(小考))

  • Kim, Sungeun;Choe, A Reum;Bae, Kyounghee
    • The Korean Society of Law and Medicine
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    • v.22 no.2
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    • pp.111-138
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    • 2021
  • 'Unlicensed medical practice by a non-medical practitioner' often represented by surrogate surgery or so-called 'ghost surgery,' causes irreparable damage to life or body, and therefore calls for very strict and effective controls. The 'bill on installment of CCTVs in an operating room' to prevent unlicensed surrogate surgery has been discussed for a long time, but due to numerous issues and heated confrontations, it has been pending in the National Assembly. Nevertheless, it is expected that the bill will be discussed again in earnest in the National Assembly because surrogate surgery and factory-type cosmetic surgery, which has been performed mainly in the field of cosmetic surgery, has also been occurring in the field of therapeutic surgery. In general, an operating room is considered as being locked or closed, as well as disallowing implicit complicity among insiders. Hence, if the insiders conspire to commit or cover up an illegal act, or if a surgeon performs rapid cosmetic surgery and then leaves the recipient (or medical institution) so as to perform more operations for profit - even if it is legitimate practice - it may result in serious consequences in terms of the recovery of a patient. In this case, installation of CCTVs can be of great help in identifying an illegal act and assessing any occurrence of negligence. On the other hand, while the fundamental purpose of therapeutic surgery is to restore a patient's life or body - that is, lifesaving - installation of CCTVs may base the relationship between a surgeon and a patient on distrust and surveillance, so it may increase the number of requests for CCTV footage or lead to more disputes, as well as placing a burden on the surgeon when best results are not achieved for a patient. As a result, the surgeon may choose non-invasive treatment contrary to conscience instead of risky but necessary surgery, or he/she may have significant difficulty in determining the timing of surgery, which may limit the provision of effective surgical medical care. Then, in terms of the relationship between a surgeon and patient, and in the long run, there could be significant disadvantages for the public and patients if CCTV footage is allowed. In this paper, we review domestic and overseas cases and issues regarding installation of CCTVs in an operating room, and present various viewpoints and suggestions to promote legislation with minimized legal problems and side effects, thereby contributing to protection of the lives and health of the public, patients, and recipients of surgery.