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Passenger's Right to Compensation in relation to Delayed Flights - From the perspective of EU case law - (운항지연에 따른 승객의 보상청구권 - EU 및 프랑스 판례를 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.249-277
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    • 2015
  • Regulation (EC) No 261/2004 ("Regulation") is a common rule on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. In some recent cases of European nations, passengers sued the air carrier in order to obtain monetary compensation under Article 7(1) of the Regulation. Some courts dismissed the actions on the grounds that, unlike denied boarding or cancellation of the flight, the Regulation provides no compensation in relation to delayed flights. However, Court of Justice of the European Union(CJEU) ruled that Regulation 261/2004 must be interpreted to mean that passengers whose flights are delayed have a right to compensation in cases when the loss of time is equivalent to, or is in excess of three hours - where the passengers eventually reached their final destination three hours or more later than the originally scheduled arrival time. It is true that a strict interpretation of the regulation would suggest that passengers whose flight has merely been delayed are not entitled to compensation. They should only be offered assistance in accordance with the Articles 6 and 9. Nevertheless, the Court recognized the same right to the same compensation for passengers of flights delayed by more than three hours as that explicitly provided for passengers of cancelled flights. On the one hand, the Court bases this ruling on the recitals of the Regulation, in which the legislature links the question of compensation to that of a long delay, while indicating that the Regulations seek to ensure a high level of protection for passengers regardless of whether they are denied boarding or their flight is cancelled or delayed. On the other hand, the Court interprets the relevant provisions of the Regulation in light of the general principle of equal treatment. Furthermore, the Court delivered a ruling that the loss of time inherent in a flight delay, which constitutes an inconvenience within the intention of Regulation No 261/2004 and which cannot be categorized as 'damage occasioned by delay' within the meaning of Article 19 of the Montreal Convention, cannot come within the scope of Article 29 of that convention. Consequently, under this view, the obligation under Regulation No 261/2004 intended to compensate passengers whose flights are subject to a long delay is in line with Article 29 of the Montreal Convention. Although the above interpretation of the Court can be a analogical interpretation, the progressive attitude of the Regulation and the view of Court forward to protect passengers' interest is a leading role in the area of international air passenger transportation. Hopefully, after the model of the positive support in Europe, Korea can establish a concrete rule for protecting passengers' right and interest.

Right of disposition of cargo and Air waybill (송하인의 운송물 처분청구권과 항공화물운송장)

  • Nam, Hyun-Sook;Choi, June-Sun
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.177-199
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    • 2015
  • Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.

Study on the viewpoint of the balance(平衡觀) on the 'Sanghan prescription(傷寒方) throughout the academic sources of 'Sang Han Lon' (상한론(傷寒論)의 학술연원(學術淵源)을 통(通)한 상한방(傷寒方)의 평형관 고찰)

  • Kim, Ji-hyung;Park, Sun-Dong
    • The Journal of Dong Guk Oriental Medicine
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    • v.4
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    • pp.25-52
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    • 1995
  • 'Sang Han Lon' became the sources for treatment and prescription in the Oriental medicine. After that, for some 1800 years the various writings for studying in many ways more than 1000 books which many old sages really intended to inquire into and study the value of books. It is considered that it is the result which the old sages tried to grope for many-sided directions in order to understand 'Sang Han Lon'. In this study, I tried to inquire into prescription and its relevant medicinal substances, that is to say, the crystalization of the physiology, pathology and treating method on the basis of the academic sources of his thoughts. The method to approach is "from what basis of thought system was 'Sang Han Lon' derived first of all?" Secondly, how was the thought system, which became the basis of 'Sang Han Lon', applied to concretely? I studied on the basis of the above important two problems. It is well known to everybody that 'Sang Han Lon' succeeded to the tradition of Naekyung(內經) as well as Cwuyek(周易, Chinese classic on divination). Besides, I inquired into and arrived at conclusion as follows that how the viewpoint on the balance(平衡觀), which was one of the common point between. Cwuyek(周易) and medical science in case of the 'Sanghan prescription'(傷寒方), was applied to concretely. 1. In naming, it is considered that from the same interconnection which the common point with Cwuyek(周易) was the same as obtaining the imigination(取象), the imagination was obtained and was named. 2. In case of being concerned in the gastro-intestinal track, namely, the core of the balance and harmony with the balance and harmony being emphasized, '理中'(It implies 'taking care of gasstro-intestinal track')" and '建中'(It implies 'establishing of gastro-intestinal track'), that is to say, '中'(It implies 'taking care of' & 'establishing of gastro-intestinal track') was emphasized much more. 3. In case of treatment taking advantage of three kinds of medicine in draught, powder and pills in the prescription, while treating during adjusting the slowness and fastness, I maintained the harmony not to damage the righteousness(正氣). 4. In case of the prescription, when exhaling(發散), astringing(收斂), loosing bowels, protecting the gastro-intestinal track and vomitting, he used the medicinal sustances in order to protect the gastro-intestinal track and treated not to damage the righteousness. 5. Especially, in case of the prescription in order to adjust the negative and positive principle of inside-outside(素囊陰陽), he composed of medicinal substances relevant to hot, cold, spicy and sour(寒熱辛酸) in conformity with the prescription and I paid much more attention to the one-sided treatment. Considering the various prescriptions, it is regarded that the adjusting prescription is kept its balance. 6. In the way of processing the medicinal substances in order to change effect of medicine in conformity with the reenactment, he tried to plan the balance of '一升一降' with the decrease of RHEI RADIX ET RHIZOMA(大黃) and increase of wine. 7. In boiling the medicine, he boiled the composed medicine in the time sequence for the purpose of adjusting the slowness and fastness and adapted to harmony of the negative and positive principle(陰陽調和) on the essence function(體峻用純). 8. In taking medicine, he tried to reduce the time of taking the medicine in case of being boiled slowly and tried to increase the dosage and eventually he planned the balance of one time slowness and one time fastness. As I inquired into the above result, a few steps for protecting method to boil the relevant medicinal substances, how to take the medicine and how to process the composed medicinal substances in order to change the effect of medicine can make the human body, which the disease penetrate into, go forward to the righteousness(正氣) and what is much beter, it is considered that this protecting method can be a carefully considerable one in order to protect the righteousness and can subdue the disease, not to damage the gastro-intestinal track and there can exist the viewpoint of balance(平衡觀) on its core.

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${\ll}$황제내경(黃帝內經)${\gg}$ 의 심(心)의 개념(槪念)과 장상(藏象)에 대한 연구(硏究)

  • Lee Yong-Beom;Bang Jeong-Gyun
    • Journal of Korean Medical classics
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    • v.13 no.1
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    • pp.269-303
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    • 2000
  • The xin(心) has various meanings in ${\ll}$Huangdineijing(黃帝內經)${\gg}$ but they sometimes contradict each other. This thesis divided the xin into the meaning and the Zang-xiang(藏象), and then analyzed the xin's notion in detail. The concept of the xin in ${\ll}$Huangdineijing(黃帝內經)${\gg}$ is sorted out into : the notion of space, yin-yang five elements(陰陽五行) and shen(神) The xin is the upper part of body and it possesses the character of yang(陽). So the concept of the breast has originated from this character and it rightly belonged to the top. The xin is assigned to fire among five elements, 'chang(長)', which has the energy of moving forward, noon at a day when yang-qi(陽氣) is properous and shows 'gu(鉤)' & 'keo(矩)' in pulse condition. The xin possesses the character, 'Taiyang of the yang(陽中之太陽)' along with the notion of space combined with five elements. That is, the notion of upper space means 'of the yang(陽中)', and, fire in five elements means 'yang'. This is similar to '=(Taiyang)' of Sasang(四象) at ${\ll}$the Book of Changes(周易)${\gg}$ Since the xin puts shen(神) in order, actions of spirit have effect on the xin. And it depends whether the sense of vitality is broad or narrow. The xin related with broad sense of spirit is 'monarch of the organs(君主之官)'. Therefore it has control over the human body. As it also directly effects the life or death, Pericardium(心句) substitutes the xin and protects the external invasion. In Shi-er-won(十二原) and Bonsu(本輸), instead of the Xin Channel the Pericardium Channel was used in healing patients. The xin can be interpretable as the mind, because the xin includes spirit. The mind can be distinguished into 'desire' and 'state of profound reason'. In ${\ll}$Huangdineijing(黃帝內徑)${\gg}$, the disease of the xin caused by emotion was mentioned many times. This emotion is 'desire' which resorted to the sentiment. The reason one mind has both character is; man preserves given principle (reason) and emotion reveals via the reason exercised. The above is about the xin related with the broad sense of vitality. Concerning the narrow sense of vitality, one of the five vitalities is stored with the others away in the five solid organs. Then it takes part in the operation of five body constituents and it is linked with the personified description of five solid organs. The xin, spleen, stomach and kidney are 'the ground of life'. Spleen and stomach are the origin of making qi and blood, which 'means the ground after birth'. Kidney keeps the essence of life, and manages the growing and generative function of human body. The xin keeps 'Shin-myung(神明)', in other words, it has control over and supervise whole activity of body. Therefore xin's role is needed for the appropriate working of spleen, stomach and kidney. And 'Shin-myung' is its motive power. In ${\ll}$Huangdineijing(黃帝內經)${\gg}$, the reason why xin was assigned to September and October is that yang-qi of the human body goes to the inner part, with xin at the same time. This explains that yang-qi of the human body is adapted to change of season and goes into xin-fire(心火) in order to get away from the cold. In this case, heart means more inner part than liver, spleen and lung. Mengzi(孟子), philosopher of the China's turbulent ages emphasized the thinking function of xin. Sunzi(荀子) asserted that xin is 'heaven monarch(天君)' and the other organs are 'heaven rninisters(天官)'. This conception is similar to 'monarch of the organs' of ${\ll}$Huangdineijing(黃帝內經)${\gg}$. After the Ming Dynasty, commentators of Huangdineijing(黃帝內經) explained the heart, as 'monarch of the organs', or 'the master of body(一身之主)'. This was due to the influence of Sung Confucianism.

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Current Status and Prospects of High-Power Fiber Laser Technology (Invited Paper) (고출력 광섬유 레이저 기술의 현황 및 전망)

  • Kwon, Youngchul;Park, Kyoungyoon;Lee, Dongyeul;Chang, Hanbyul;Lee, Seungjong;Vazquez-Zuniga, Luis Alonso;Lee, Yong Soo;Kim, Dong Hwan;Kim, Hyun Tae;Jeong, Yoonchan
    • Korean Journal of Optics and Photonics
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    • v.27 no.1
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    • pp.1-17
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    • 2016
  • Over the past two decades, fiber-based lasers have made remarkable progress, now having reached power levels exceeding kilowatts and drawing a huge amount of attention from academy and industry as a replacement technology for bulk lasers. In this paper we review the significant factors that have led to the progress of fiber lasers, such as gain-fiber regimes based on ytterbium-doped silica, optical pumping schemes through the combination of laser diodes and double-clad fiber geometries, and tandem schemes for minimizing quantum defects. Furthermore, we discuss various power-limitation issues that are expected to incur with respect to the ultimate power scaling of fiber lasers, such as efficiency degradation, thermal hazard, and system-instability growth in fiber lasers, and various relevant methods to alleviate the aforementioned issues. This discussion includes fiber nonlinear effects, fiber damage, and modal-instability issues, which become more significant as the power level is scaled up. In addition, we also review beam-combining techniques, which are currently receiving a lot of attention as an alternative solution to the power-scaling limitation of high-power fiber lasers. In particular, we focus more on the discussion of the schematics of a spectral beam-combining system and their individual requirements. Finally, we discuss prospects for the future development of fiber laser technologies, for them to leap forward from where they are now, and to continue to advance in terms of their power scalability.

A Study on the Copy of Tripitaka Koreana at Otani University in Kyoto, Japan (일본 오타니대학(大谷大學) 소장 고려대장경 인경본 연구)

  • Jeong, Eunwoo;Shin, Eunjae
    • Korean Journal of Heritage: History & Science
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    • v.52 no.4
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    • pp.38-55
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    • 2019
  • At Otani University in Kyoto, Japan, there is a rubbed copy of Tripitaka Koreana, presumably printed in 1381. According to the postscript of the copy, written by Saek Lee himself, the rubbed copy was made at Haeinsa temple in 1381 and was kept at Sinluksa temple in Yeuju. The copy was delivered as a gift to Japan in 1414 and now is kept at the Library of Otani University. Although an approximate summary of the content of the copy was reported in the early 2000s after a basic survey, details of the copy, including the concrete format and packaging paper, are not known yet. In this paper a detailed survey of the copy is conducted on the 109 pages. The copy is divided into two parts: the wrapping and the inner pages. The wrapping paper is divided into yellow and brown colors depending on the material of the paper. The yellow colorwrapping paper was possibly made in 1381 at the time of the rubbed printing, and the brown wrapping paper was repaired after being moved to Japan. Using funds collected in February 1380, the copy of Gyeong(經), Yul(律), and Ron(論) chapters was printed in April 1381. Binding of the copy was completed in September, and the wrapping paper with the title in gold was made in October 1380. The box for keeping Buddhist scriptures was manufactured in November 1380. The copy was moved to Sinluksa temple in April 1382 and delivered to Japan in 1414. At Otani University, the copy is stored in separate rectangular boxes 32.1×25.3cm in size with a height of 23.6cm. The rectangular plate on the four sides is red in external color but black colorinside. The box for keeping Buddhist scriptures was probably made in 1381, but a partial repair was made later. Because of the difficulty of executing a detailed survey of the box for Buddhist scriptures, it is hard to find out its nation and period of production. We look forward to studying the copy as well as the box for Buddhist scriptures in future.

Recurrent Shoulder Dislocation with Rotator Cuff Tears and Bankart Lesion (중장년층에서의 회전근 개 파열과 Bankart 병변을 동반한 재발성 견관절 탈구)

  • Lee Kwang Won;Yang Dong Hyun;Ahn Jae Hoon;Kim Ha Yong;Choy Won Sik;Ha Kwon-Ick
    • Journal of Korean Orthopaedic Sports Medicine
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    • v.3 no.1
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    • pp.81-86
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    • 2004
  • Objectives: To assess the functional outcome of Bankart repair and rotator cuff repair using miniopen technique in patients with recurrent shoulder dislocation(8 cases) with rotator cuff tears and Bankart lesion of over 40 years. Materials and Methods: From May 1991 to January 2002, twenty two patients were available to participate in the study. Mean age was 52 years old(41-67), Follow-up evaluations averaged 50.5months(10-147). Results: The patients(22 cases) were divided into two groups. Group 1: with recurrent shoulder dislocation(8 cases) with rotator cuff tears and Bankart lesion in patients over 40 years old. Group 2: without Bankart lesion(14 cases). In Group 1, mean average of forward flexion and abduction improved from 122 degrees to 154 degrees at the final follow-up and from 115 degrees to 161 degrees respectively. In terms of University of Pennsylvania patient self-assessment of pain score and VAS, scores improved from 11.0 to 5.5 and from 5.4 to 2.5 respectively. In terms of UCLA score & Constant score, scores also improved from 20.2 to 29.6 and from 48.6 to 69.0 respectively. Functional outcome of Group 1: two patients with excellent, four patients with good, and two patients with fair. Functional outcome of Group 2: two patients with excellent, six patients with good, five patients with fair, and one patient with poor. But they had no statistical significance between the two groups. All cases were improved shoulder pain at the final follow up. And six patients were satisfied with the outcome of shoulder function. Conclusions: This study demonstrates the effectiveness of Bankart repair and rotator cuff repair using miniopen technique in patients with recurrent shoulder dislocation(8 cases) with tears of rotator cuff and Bankart lesion older than 40 years. We recommend Bankart repair and rotator cuff repair at the same time.

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The Characteristics of New Age Consciousness in the Popular Culture - Focus on 'Avatar' (대중문화에 나타난 뉴에이지 사상의 특징 -아바타를 중심으로-)

  • Lee, Jun-Soo
    • Cartoon and Animation Studies
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    • s.41
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    • pp.1-29
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    • 2015
  • This paper aims at studying how to express and be used the characteristics of New age consciousness in the popular culture. New age consciousness is used interchangeably with new age movement. The philosophy of new age is based on humanism, which the infinite potential power of human can change the human himself and the earth forward to be shown the new age of peace, hope and love in an instant. This consciousness is based on the Western secret art and Eastern consciousness against the Christianity and has begun to develop in the alternative religion influenced by Postmodernism and Counterculture movement on 1970's which is against the corruption of American society on 1960's. However, new age consciousness has tried to change to a social movement for the culture, the peace, the happiness of mankind and the healing society rather than a religion idea because of the limitation of the theory itself. Nevertheless, the new age culture contains the characteristics of the religion, and the characteristics has been easily borrowed to the mess media and infiltrated to us. In a broad sense, the religion includes both own religion beliefs and behavior and the social movements and tendencies about the established religion which pursues the holy and the highest value. The religion is valued as a complex culture phenomenon, which the religion presents the right direction and the meaning of life as well as contributes to the maintenance of social order and the social unification. For this reason, the religion and the culture have a deep relationship between mess media and needs to be captured and listen to religious longing lurking deep within the human consciousness in order to give the audience impressed and fun. In the study, the characteristics of New age such as reincarnation, illusion, meditation, monism and pantheism is analyzed for what affects students studying mess media and the popular culture. And then the study is analyzed the characteristics of new age consciousness in the animation through 'Avatar'. This study shed new light on the influence of religion which is ideological identity of popular culture, and I expect to be a little help to have the insight to examine the mess media with a various angles.

A Study on the Present Condition of Four-Year University Curriculum for Introducing NCS Landscape Architecture (NCS 조경 분야 적용을 위한 4년제 대학 교육과정 현황분석)

  • Lee, Chang-Hun;Kim, Kyou-Sub;Lee, Won-Ho
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.37 no.3
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    • pp.134-147
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    • 2019
  • The purpose of this study was to analyze the functional unit system of NCS landscape field for correction and supplementation of NCS landscape field and the contents of the four-year college landscape course subject. First, 24 unconsolidated four-year universities were selected, and FGI was conducted and verified for 816 courses in 24 universities. The results of the study are summarized as follows, with three sections three, nine divisions and 65 sub-category. First, landscape design subjects accounted for 40.0% of the subjects organized by four-year universities. In addition, the ratio of 12.9% for ecological landscape, 11.3% for landscape construction, 10.2% for others, 10.0% for landscape information, 6.6% for landscape culture and 3.7% for landscape management was surveyed. Balanced and efficient modification and reinforcement of NCS is required in the future. Second, 10(18.9%) units with matching NCS performance criteria and educational objectives were found to be capable of different units(18.9%), 15(28.3%), and 37subjects with inconsistent NCS unit capability (56.9%). Third, looking at the criteria for the reference of each unit of capability presented by the NCS, it is deemed that one unit of capability should be organized separately to improve the practical ability, since it includes the contents of basic knowledge learning. Fourth, the objectives pursued on the basis of the contents of the NCS capability unit and four-year college curriculum were developed by focusing on the development of unit capabilities in the field of landscape construction and landscape management compared to the field of landscape design. It has been shown that a balance is needed for future development. This study is intended to put forward further research that re-examine specific curriculum assessment criteria that have not been classified in the course of classifications based on the curriculum handbook, which excludes interferences from each school.

의료인의 호스피스가정간호에 대한 지식과 태도 조사연구

  • Kim, Ok-Gyeom
    • Korean Journal of Hospice Care
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    • v.2 no.2
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    • pp.28-48
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    • 2002
  • The advances of medical technologies have not only prolonged human life span, but also extended suffering period for the patients with incurable medical diseases. Hospice movement was developed to help these patients keep dignity and lives peaceful at the end of their life. Since many patients prefer to spend the last moment of life at home with their family, hospice home care has become very popular worldwide. The purpose of this study for a promotion and development of hospice home care in Korea, and features basic research on medical profession's knowledge and attitudes to hospice home care. This study which was used for the research questionnaires developed by the researcher that were answered by 100 physicians and 127 nurses in a general hospital. Data were collected from April 22, 2002 to May 10, 2002. The SPSS was used to make a comparative analysis of the frequency, percentile, ANOVA, and x2-test. The results of the study were as follows; 1.The medical profession showed high level of knowledge of the definition and philosophy of hospice. However, the physician group of the examinees showed insufficient knowledge of the fact that hospice care includes bereavement care, while the nurse group's response to the same question showed a significant difference(x2=10.752, p=.001). 2.For whom the hospice home care is provided, 95.6% of the respondents showed very high level of knowledge as answering that the incurable terminal illness patients and their families are the beneficiaries of hospice care. The respondents counted nurses, volunteers, pastors, physicians and social workers, consecutively, as hospice care providers. More nurse were positive toward pastors than physicians in regarding as a hospice care provider by a significant difference(x2=11.634, p=.001). 3.For when to referral hospice home care to the patients, only 34.2% answered that patients with less than 6 months of survival time are advised to receive hospice care, reflecting very low level of knowledge. 23.0% of the physicians and 48.0% of the nurses answered that hospice care should be provided when death is imminent, making a significant difference between the two groups(x2=6.413, p=.000). 4.To promote hospice activities, 87.2% pointed out that it is crucial to make general people, including those engaging in the medical field, more aware of hospice. 79.7% answered that a national hospice management should be developed, marking a significant difference between the physician group and nurse group(x2=10.485, p=.001). 5.Advantages of hospice home care are 87.2% responded that patients can have better rest at home receiving hospice home care. Economical merit was brought forward as one of the advantages also, where there was a significant difference between the physicians group and nurse group(x2=7.009, p=.008). 6.The medical professions' attitude to hospice home care are 92.8% of the physicians answered that they would advise incurable terminally ill patients to be discharged from hospital, with 44.3% of them advising the patients to receive hospice home care after leaving the hospital. From the nurses' point of view, 20.9% of the terminally ill patients are being referred to hospice home care after discharge, which makes a significant difference from the physicians' response(x2=19.121, p=.001). 7. 30.6% of physicians have referred terminally ill patients to hospice home care, 75.9% of whom were satisfied with their decision. Those physicians who have never referred their patients to hospice home care either did not know how to do it(66.7%) or were afraid of losing trust by giving the patients an impression of giving up(27.3%). 94.9% of the physicians responded that they would refer their last stage patients to a doctor who is involving palliative care. 8.Only 36.2% of nurses have suggested to physicians that refer the terminally ill patients discharged from the hospital to hospice home care. Once suggested, 95.8% of the physicians have accepted the suggestion. Nurses were reluctant to suggest hospice home care to the physicians, as 48.8% of the nurses said they did not want to. From the result of this study the following conclusion can be drawn, the medical profession's awareness of general hospice care has been increased greatly compared to the results of the previously performed studies. However, this study result also shows that their knowledge of hospice home care is not good enough yet. There is a need for high recommended that medical education institute and develop regular courses on various types of hospice care. Medical field training courses for physicians and nurses will be very helpful as well. It is also important to train hospice experts such as palliative physicians and develop a national hospice management urgently in order to improve the hospice care in Korea.

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