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"As the Scientific Witness Is a Court Witness and Is Not a Party Witness" ("과학의 승리"는 어떻게 선언될 수 있는가? 친자 확인을 위한 혈액형 검사가 법원으로 들어갔던 과정)

  • Kim, Hyomin
    • Journal of Science and Technology Studies
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    • v.19 no.1
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    • pp.1-51
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    • 2019
  • The understanding of law and science as fundamentally different two systems, in which fact stands against justice, rapid progress against prudent process, is far too simple to be valid. Nonetheless, such account is commonly employed to explain the tension between law and science or justice and truth. Previous STS research raises fundamental doubts upon the off-the-shelf concept of "scientific truth" that can be introduced to the court for legal judgment. Delimiting the qualification of the expert, the value of the expert knowledge, or the criteria of the scientific expertise have always included social negotiation. What are the values that are affecting the boundary-making of the thing called "modern science" that is supposedly useful in solving legal conflicts? How do the value of law and the meaning of justice change as the boundaries of modern science take shapes? What is the significance of "science" when it is emphasized, particularly in relation to the legal provisions of paternity, and how does this perception of science affect unfoldings of legal disputes? In order to explore the answers to the above questions, we follow a process in which a type of "knowledge-deficient model" of a court-that is, law lags behind science and thus, under-employs its useful functions-can be closely examined. We attend to a series of discussions and subsequent changes that occurred in the US courts between 1930s and 1970s, when blood type tests began to be used to determine parental relations. In conclusion, we argue that it was neither nature nor truth in itself that was excavated by forensic scientists and legal practitioners, who regarded blood type tests as a truth machine. Rather, it was their careful practices and crafty narratives that made the roadmaps of modern science, technology, and society on which complex tensions between modern states, families, and courts were seen to be "resolved".

The legal responsibility of the unmanned aircraft operators and insurance (무인항공기 운영자의 법적책임과 보험)

  • Kim, Jong-Bok
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.367-418
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    • 2018
  • Just as safety is the most important thing in aviation, safety is the most important in the operation of unmanned aircraft (RPA), and safety operation is the most important in the legal responsibility of the operator of the unmanned aircraft. In this thesis, the legal responsibility of the operator of the unmanned aircraft, focusing on the responsibility of the operator of the unmanned aircraft, was discussed in depth with the issue of insurance, which compensates for damages in the event of an accident First of all, the legal responsibility of the operator of the unmanned aircraft was reviewed for the most basic : definition, scope and qualification of the operator of the unmanned aircraft, and the liability of the operator of the Convention On International Civil Aviation, the ICAO Annex, the RPAS Manual, the Rome Convention, other major international treaties and Domestic law such as the Aviation Safety Act. The ICAO requires that unmanned aircraft be operated in such a manner as to minimize hazards to persons, property or other aircraft as a major principle of the operation of unmanned aircraft, which is ultimately equivalent to manned aircraft Considering that most accidents involving unmanned aircrafts fall to the ground, causing damage to third parties' lives or property, this thesis focused on the responsibility of operators under the international treaty, and the responsibility of third parties for air transport by Domestic Commercial Act, as well as the liability for compensation. In relation to the Rome Convention, the Rome Convention 1952 detailed the responsibilities of the operator. Although it has yet to come into effect regarding liability, some EU countries are following the limit of responsibility under the Rome Convention 2009. Korea has yet to sign any Rome Convention, but Commercial Act Part VI Carriage by Air is modeled on the Rome Convention 1978 in terms of compensation. This thesis also looked at security-related responsibilities and the responsibility for privacy infringement. which are most problematic due to the legal responsibilities of operating unmanned aircraft. Concerning insurance, this thesis looked at the trends of mandatory aviation insurance coverage around the world and the corresponding regulatory status of major countries to see the applicability of unmanned aircraft. It also looked at the current clauses of the Domestic Aviation Business Act that make insurance mandatory, and the ultra-light flight equipment insurance policy and problems. In sum, the operator of an unmanned aircraft will be legally responsible for operating the unmanned aircraft safely so that it does not pose a risk to people, property or other aircraft, and there will be adequate compensation in the event of an accident, and legal systems such as insurance systems should be prepared to do so.

A comparative analysis of Leadership Competency Education System in Korea, US and UK (한국·미국·영국의 유아교육기관 원장 리더십역량 교육체계 비교분석)

  • Park, Soo-Jin;Kim, Mi-Kyung
    • Korean Journal of Comparative Education
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    • v.27 no.4
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    • pp.255-283
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    • 2017
  • The purpose of this study is to analyze the comtent of the education system of US and the UK in order to build an integrated system that can develop the leadership competency of preschool principle. Based on this, the implications are as follows. First, competencies can developed through learning rather than fixed. Therefore, re-conceptualization of leadership competence appropriate to the characteristics and organization of the individual as the presiding authority of the preschool can be considered as ability to show visible knowledge and skills, invisible self concept. Therefore, it is necessary to establish a capacity development plan based on this. Second, the introduction and implementation of continuous and systematic training programs such as the training system that strengthens the capacity of the directors and principals of the United States and the United Kingdom is necessary. To do this, we must introduce a system that renews certification every five years, like the United States, rather than a system that acquires and maintains certification with a single training. Third, various training methods should be carried out. In the case of the US and the UK, we think it is desirable to train in various ways in the training period, the university, the teacher center, and the private organization or association. Therefore, it is necessary to build a cooperation system with various institutions such as training institutes, universities, teacher centers, educational information research institutes, and private organizations in each province, and strengthen them in various ways. Fourth, the contents and methods of qualification training and future job training of the director of the preschool should be deviated from the uniform level. Therefore, the systematic research that reflects the knowledge and contents of the administration required in the field should be given priority by the university or research organization that is in charge of the training.

A interpretive Study of the Analects of Confucius's 'Ren(仁)' (『논어(論語)』의 '인(仁)'에 관한 해석학적(解釋學的) 연구(硏究))

  • Seo, Geun-sik
    • (The)Study of the Eastern Classic
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    • no.36
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    • pp.31-56
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    • 2009
  • The core thought of Confucius("論語") is 'Ren(仁)'. Then, how ought we to interpret this 'Ren(仁)'? In this study, the researcher has interpreted 'Ren(仁)' from the perspective of Xiujizhiren(修己治人), which is the doctrine of Confucianism and its ideal. At first, the researcher closely reviewed Ren(仁) on the viewpoint of Xiuyang (修養). Ren(仁) is the most fundamental virtue that enables general populace to equip with their qualification as a human being. Specifically, to live like a human being, Ren(仁) is a must. That is to say, it will suffice if we only can expose well what was already cherished inside us, rather than exerting efforts to attain Ren(仁), in some contexts, that must achieve in order to live like a human being. The reason that we exert our efforts for self-cultivation is to bring this Ren(仁), which is foundation of human life, before the public. Even in relationship-building, Ren(仁) is necessary. Human being is not an existence that can live alone, but at all times, humans are required to build a relationship with others. To make this relationship-building lead into right direction, we need to think of that the standpoint of oneself and the other are identical. That is, when I myself and the other person are in the most optimal situation, then a right relationship-building can take place. This most optimal status is Ren(仁). The ideal of Confucianism is to establish a society where all people can enjoy their comfortable life. To accomplish such a society, each individual and society ought to be benevolent and to cherish humanity at the first place. That is to say, people should attain Ren(仁) from both aspects of Xiuji(修己) and Zhiren (治人). If Ren(仁) has not been attained from any of either side, then it is hard to say that the ideal of Confucianism is completely realized. However, Zhiren(治人) must be backed up by Xiuji(修己). For this reason, Kongzi(孔子) presented three steps in connection with this cultivation process, to wit, 'Cultivation of himself in reverential carefulness'(修己以敬) ${\rightarrow}$ 'Cultivation of himself so as to give rest to others'(修己以安人) ${\rightarrow}$ 'Cultivation of himself so as to give rest to all the people'(修己以安百姓). It is noticeable that Xiuji(修己) is included in all three phases. The society that Kongzi(孔子) longed for is still valid in this modern world. Therefore, Ren(仁) which was edified by Kongzi(孔子) is necessary for today's society. If we don't interpret Ren(仁) as with a fixed term lying stagnant in one place, then its definition shall be interpreted newly so as to suit the times and the situation of civil society, thus this Ren(仁) shall be the foundation for building a desirable society for humans.

Recognition and Request for Medical Direction by 119 Emergency Medical Technicians (119 구급대원들이 지각하는 의료지도의 필요성 인식과 요구도)

  • Park, Joo-Ho
    • The Korean Journal of Emergency Medical Services
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    • v.15 no.3
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    • pp.31-44
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    • 2011
  • Purpose : The purpose of emergency medical services(EMS) is to save human lives and assure the completeness of the body in emergency situations. Those who have been qualified on medical practice to perform such treatment as there is the risk of human life and possibility of major physical and mental injuries that could result from the urgency of time and invasiveness inflicted upon the body. In the emergency medical activities, 119 emergency medical technicians mainly perform the task but they are not able to perform such task independently and they are mandatory to receive medical direction. The purpose of this study is to examine the recognition and request for medical direction by 119 emergency medical technicians in order to provide basic information on the development of medical direction program suitable to the characteristics of EMS as well as for the studies on EMS for the sake of efficient operation of pre-hospital EMS. Method : Questionnaire via e-mail was conducted during July 1-31, 2010 for 675 participants who are emergency medical technicians, nurses and other emergency crews in Gyeongbuk. The effective 171 responses were used for the final analysis. In regards to the emergency medical technicians' scope of responsibilities defined in Attached Form 14, Enforcement regulations of EMS, t-test analysis was conducted by using the means and standard deviation of the level of request for medical direction on the scope of responsibilities of Level 1 & Level 2 emergency medical technicians as the scale of medical direction request. The general characteristics, experience result, the reason for necessity, emergency medical technicians & medical director request level, medical direction method, the place of work of the medical director, feedback content and improvement plan request level were analyzed through frequency and percentage. The level of experience in medical direction and necessity were analyzed through ${\chi}^2$ test. Results : In regards to the medical direction experience per qualification, the experience was the highest with 53.3% for Level 1 emergency medical technicians and 80.3% responded that experience was helpful. As for the recognition on the necessity of medical direction, 71.3% responded as "necessary" and it turned out to be the highest of 76.9% in nurses. As for the reason for responding "necessary", the reason for reducing the risk and side-effects from EMS for patients was the largest(75.4%), and the reason of EMS delay due to the request of medical direction was the highest(71.4%) for the reason for responding "not necessary". In regards to the request level of the task scope of emergency medical technicians, injection of certain amount of solution during a state of shock was the highest($3.10{\pm}.96$) for Level 1 emergency rescuers, and the endotracheal intubation was the highest($3.12{\pm}1.03$) for nurses, and the sublingual administration of nitroglycerine(NTG) during chest pain was the highest($2.62{\pm}1.02$) for Level 2 emergency medical technicians, and regulation of heartbeat using AED was the highest($2.76{\pm}.99$) for other emergency crews. For the revitalization of medical direction, the improvement in the capability of EMS(78.9%) was requested from emergency crew, and the ability to evaluate the medical state of patient was the highest(80.1%) in the level of request for medical director. The prehospital and direct medical direction was the highest(60.8%) for medical direction method, and the emergency medical facility was the highest(52.0%) for the placement of medical director, and the evaluation of appropriateness of EMS was the highest(66.1%) for the feedback content, and the reinforcement of emergency crew(emergency medical technicians) personnel was the highest(69.0%) for the improvement plan. Conclusion : The medical direction is an important policy in the prehospital EMS activity because 119 emergency medical technicians agreed the necessity of medical direction and over 80% of those who experienced medical direction said it was helpful. In addition, the simulation training program using algorithm and case study through feedback are necessary in order to enhance the technical capability of ambulance teams on the item of professional EMS with high level of request in the task scope of emergency medical technicians, and recognition of medical direction is the essence of the EMS field. In regards to revitalizing medical direction, the improvement of the task performance capability of 119 emergency medical technicians and medical directors, reinforcement of emergency medical activity personnel, assurance of trust between emergency medical technicians and the emergency physician, and search for professional operation plan of medical direction center are needed to expand the direct medical direction method for possible treatment beforehand through the participation by medical director even at the step in which emergency situation report is received.

A Study of the History of Korean Public Library after the Korean Liberation Day - An Emphasis on the influence of public Libraries System under the Japanese Imperialism- (광복이후 한국 공공도서관사 연구 -일제하 공공도서관제도의 영향을 중심으로-)

  • Kim Po Ok
    • Journal of the Korean Society for Library and Information Science
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    • v.20
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    • pp.65-125
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    • 1991
  • The study has tried to analize and appraise how did public library system under the Japanese imperialism affect the establishment and managemant of Korean public libraries. To achieve the purpose of the above-mentioned study, the contents of $\ulcorner$Japanese library statute$\lrcorner$ under Japanese imperialism and the current $\ulcorner$Korean library law$\lrcorner$ have been mutually compared, at the same time, the vestiage of Japanese imperialism in view of the establishment, personnel administration and reading systems have been concretely investigated, analyzed and compared. The conclusions obtained from the above are as followings. 1. In those days of the Korean Liberation, the situation of Korean public libraries was such as it under the Japanese rule and so, their names were only changed. However, as a part of its independent activities, the national library have once carried out the various programs such as the training of professional librarians, the establishment of the new classification schedule and the chief Librarian and deputy Librarian from the professional librarians in the office regulations, and they were well worth being the good examples for today's Korean library circle. Though the Goverment of the Republic of Korea had been formally established, the situation of the library circle was very dull owing to the Korean war for a long time. In 1963, $\ulcorner$The Korean library law$\lrcorner$ was promulgated, but the establishment of public libraries did not give satisfactory results because of the institutional fragility. In the 1980's the importance of library was embossed from the viewpoint of life-long education and the number of libraries was increased. However, there were still the remaining vestiges of Japanese library system in the practical library services. 2. After the Korean Liberation, the influnces of public library system under the Japanese imperialism showed in the office regulation of national library and the Korea library Law were also in the legal mechanism. In particular, the regulations of $\ulcorner$The staff-member of public library$\lrcorner$ and $\ulcorner$Admission fee of public library$\lrcorner$ including the chief librarian have referred to the library system under the Japanese imperialism since the liberation day to date. 3. At that time of the Korean Liberation, the U.S.Military Government Office had decided that the public library administration should be attached to the administration of local and internal affairs in accordance with the Japanese administative system. As a result, the public libraries had been forced to be indirectly affected by public library system under the Japanese imperialism for twenty years since the Liberation. 4. Since the Liberation, the personnel adminstration of public library has been so far on the steps of model under the Japanese imperialism. As the result of the field survey, the position standards of local chief librarians, non-professional character, the extra post system and the preponderant appointment of non-professional offices have analyzed by the influence of Public library system under the Japanese imperialism. Therefore, the Government authorities-concerned must readjust the standards of qualification and the divided duties corresponding to the position of public library staff members and to stipulate expressly in the revised library law. In addition, the regulation of the admission fee should be also actively detected for the free adminssion of library users. 5. Since the Liberation Day, the reading methods of public library have been so far similar to reading method under the Japaness imperialism. For example, the admission fee levied, the complicated procedures of using books including entrance and exit of a library, no-admission system, the limited lending books, the deposit system of outdoor lending books and the surety liable jointly and severally are originally caused by bureaucracy of under the Japanese imperialism. Therefore, the public libraries should make an offer space and opportunities which can enjoy freedom to the gull in future. The procedures and standards of library users will be simplified, if possible. As the above-mentioned, the actual conditions of Korean public libraries have been examined and analyzed. As the result of it, there are still the remaining vestiges of public library system under the Japanese imperialism in the establishment and management of the nation-wide public libraries. Such the remnants are an obstacle to the democratic development of public libraries and so, the authorities-concerned should take the proper-measures as soon as possible.

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Content and Meaning of Royal Garden Sightseeing Event in Pyoam's 「Hogayugeumwongi」 (표암(豹菴)의 「호가유금원기(扈駕遊禁苑記)」에 나타난 궁원 유람행사의 내용과 의미)

  • Hong, Hyoung-Soon
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.32 no.2
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    • pp.1-11
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    • 2014
  • This study aimed at investigating the content and meaning of royal garden(宮苑) sightseeing event in Pyoam Gang, sehwang's "Hogayugeumwongi" As the research method, descriptive research method was used, which is to consider and interpret the content and meaning in the historical records. Research results are summarized as follows. 1. "Hogayugeumwongi", which recorded the event that the King personally guided and explained the palace to the vassals, is a very precious historical records in Korean landscape gardening cultural history. Such thing is unprecedented in Joseon Dynasty as well as China. 2. The person who recorded this event was famous for shi seo hwa samjeol in the time, and the point that he was Pyoam, who was appreciated as 'the head(總帥) of artistic and literary circles(藝苑)', adds more value to the future generations. 3. The characteristic of this sightseeing event was to praise the vassals' labor, who contributed to the completion of Kyujanggak, to establish King Jongjo's direct rule in the early period of seizure of power, and eojin(御眞) dosa(圖寫), etc., which expressed the King's dignity. Jongjo utilized Geumwon, a forbidden place in the palace, to give a special privilege to the vassals' effort, who took a great part in realizing his political ideal. 4. One of sightseeing lines toward the backyard of Changdeok Palace could be identified. Though the sightseeing lines toward the backyard were not fixed, however this might be the best sightseeing line which Jongjo intentionally chose to enjoy that day's flavor of autumn. 5. The characteristic of this event was informal and somewhat extemporary 'sightseeing'. Therefore, it is considered, that day's event was relatively private and free 'play(遊)', while 'sanghwaeojoyeon(賞花漁釣宴)', which Jongjo gave to the vassals middle after his reign, was a royal 'banquet', which prepared frames, such as event holding time and form, qualification for participation, e.g. flower viewing, fishing, writing poems, etc. This research has a significance that it considered the content and meaning in historical records including the front and the rear context that "Hogayugeumwongi" was written through the consideration of related historical materials. "Hogayugeumwongi" can be utilized as a material for storytelling with regard to royal garden sightseeing in future as a valuable cultural content, also, follow-up study on this is necessary.

A Study on students' consciousness regarding their plans after graduation Education of Guard and Security Major (경호관련학과 대학생의 진로의식에 관한 연구)

  • Kim, Chang-Ho;Jung, Jsug-Suk;Lee, Young-Oh
    • Korean Security Journal
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    • no.11
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    • pp.21-36
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    • 2006
  • This study aims to grasp the general conditions regarding university students in security related majors in Korea. Followings will be covered here: what motivated them to choose those majors, how much are they satisfied with major curriculum course after matriculation, whether they got jobs through the education, what is their consciousness on their majors, jobs, and courses like, and what effects their job preference. And this study also aims at helping the students with their future plans such as admission to a school of higher grade and choosing their job. For this study, we distributed 340 cpoies to the students in security related majors at 4 four-year colleges and 1 two-year college, and collected 298 copies by means of quota sampling method. For collected questionnaires, we used individual T-test verification and one-way ANOVA analysis to grasp the situation. Significance standard for the test results was set as p<0.05. Following are the test results. First, the analysis on students' satisfaction rate resulted in male students' average of 2.42, compared to female students' average of 2.10, which shows female students have higher satisfaction rate in choosing their majors than male students. Secondly, The results on analysis of satisfaction rate on their curriculums, classes, and majors show that students in security-related majors showed different satisfaction rate and different averages according to their sex and the year of the college. The study indicates that males have higher satisfaction rate on curriculum than females, with male students' average of 2.63 and female students' average 2.88. According to the year of the college, there was a significant difference statistically, Statistics show that students at two-year college have higher satisfaction rate than those at four-year college, with two-year college students' average of 2.48 and four-year college students' of 2.74. students have the average of 3.56. The higher year they were in, the more improvement the curriculum required. When it comes to convenience offer for employment, male students expected more from school than female students, with males' average of 2.74 and females' average of 4.07. Male students marked higher than female students in the extent of job information offer, with males' average of 2.96 and females' average of 2.59. Fourthly, when students in security-related majors were surveyed on their consciousness of their future plans such as getting jibs, two-year college students had more certificates of qualification for employment than four-year college students. What they do preponderantly in preparation for employment was studying foreign languages, which took up 40.4%. And when they were asked on their confidence for employment, positive answers were far more than negative ones with the percentage of 39.6%, while negative took up just 14.0%. Fifthly, when it come to the students in security-related students' job preferences, 49.2% preferred safe job conditions in public security area and 34% preferred private guard or private security organizations. And in the public security area, the highest percentage of 28.6 preferred to work in presidential security service. In the area of private security, 21.2% showed interests in private guard and private security organizations.

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A Study on Suitable Site for Day Nursery in Tae-gu (대구의 보육시설 현황과 입지선정)

  • Bae, Sook-Hee
    • Journal of the Korean association of regional geographers
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    • v.2 no.1
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    • pp.25-38
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    • 1996
  • As the proportion of women's participation in economic activities is rising, the increase of husband and wife both working and nuclear families makes children up-bringing a social problem. But many families have difficulties by the shortage of day nurseries which can solve it. As we can see in the research, the most urgent problem is the extension of nurseries in quantity. In Taegu, since it became a wide-area city, there are 473 nurseries. But in the respect of distribution, only less than 10% of Dongs have more than 7 nurseries and more than 90% of Dongs have less than 7 nurseries. Consequently nurseries are extremely insufficient. Moreover 29 Dongs don't have any nurseries at all and they take 18.6% of Dongs. The second problem is the unbalanced distribution of nurseries. West and north ward which are industrial complex and swarmed with low-income families, and Tal-sung county which is recently included in the wide-area city keenly need the establishment of nurseries. Besides, Bi-san 1 Dong and Non-gong which have only $1{\sim}2$ nurseries though they have high proportion of children and women who can be pregnant are also the areas which take precedence of nursery establishment. The third problem is that government support must be increased in the areas which have many small, petty and profit-making private nurseries so that good quality teachers can make breeding activities in nice facilities and environment. In materials which are obtained by the interviews with publich servants in charge of family welfare in some ward offices. Young and unexperienced persons who aquired certificate of qualification take day-nursery permits and run nurseries only a few months. and if the profits are insufficient, they sell the nurseries for premiums to third persons who are not qualified. Then the third managers only think of profits without thought of good quality childcare. As the result, the nurseries become asylums not nurseries. That is why the conditions of nursery establishment must be restricted to suitable scale and experienced persons. The fourth problem is that the nurseries in work places are extremely insufficient. The women who have jobs have many things to do before they go to work such as preparing meals and leaving children in the care of someone. Hence the childcare problem of working women must be solved. In nuclear families, childcare is the most serious problem for working women. The fifth one is the reduction of childcare expenses. Women must sacrifice themselves a lot to make social activities. To say nothing of physical and mental burden, they have to spend much of their salaries on childcare. And yet they don't take the benefit of good quality childcare. For the participation of women in public affairs, society must support the childcare problem to have then be devoted to their jobs without worries about their children. Therefore Taegu wide-area city must select west, north ward which are industrial complex and the low-income swarmed area before everything and establish many national, public and corporate nurseries which cost less expenses.

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Evaluation of Dental Hygienist Job Validity according to Judgment Standard of Medical Practice in Medical Law (의료행위 기준에 따른 치과위생사 직무 타당도 평가)

  • Bae, Soo-Myoung;Shin, Sun-Jung;Lee, Hyo-Jin;Shin, Bo-Mi
    • Journal of dental hygiene science
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    • v.18 no.6
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    • pp.357-366
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    • 2018
  • The purpose of this study was to evaluate the validity of dental hygienist job according to judgment standard of medical practice in medical law. In this study, we conducted a self-administered questionnaire survey to evaluate the validity of dental hygienist job for 12 professors of dental college in Gangneung-Wonju National University from November 10 to 20, 2017. We investigated whether the dental hygienist job conforms to the three criteria of medical practice such as disease prevention and treatment, patient care, and health hazard. The response rates were scored and classified into four categories according to the final score. As a result of this study, dental hygienist job are classified into four categories according to judgment standard of medical practice. The higher the level of the category, the higher the degree of difficulty, and the higher the level of expertise and skills required. More than 50% of respondents answered that measuring the gingival pocket, bleeding on probing, professional tooth cleaning, oral health education, counseling after dental treatment are all three criteria for medical treatment. And these were classified into Level 4 group which requires the difficulty and expertise in the final score 4.3. It is necessary to develop and utilize standardized guidelines on the level of knowledge, education, and qualification standards required for dental practice in order to effectively allocate work among the dental personnel while ensuring the health rights of patients in the dental clinic field in Korea. In addition, there is a need to evaluate the various aspects of cost effectiveness, dental health service productivity, and health promotion contribution to dental hygienist jobs, And based on this evidence, it is necessary to continue to expand and adjust the dental hygienist job and to reorganize the dental workforce system.