• The Journal of Korean Medicine
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• v.45 no.1
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• pp.182-201
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• 2024

Objectives: This study was conducted to develop a standard acupotomy consent form that takes into account the unique characteristics of Korean Medicine. The study was motivated by the increasing importance of patient autonomy and the growing number of legal disputes related to medical malpractice in the clinical field of Korean Medicine. Methods: The analysis phase of the study involved a survey of the current status of acupotomy consent forms in Korean Medicine hospitals nationwide. The items of each form were analyzed based on the contents of the Medical law and the standard contract for medical procedures of the Fair Trade Commission (FTC). In the development and evaluation phase, the items and contents of the acupotomy consent form were evaluated using a 5-point Likert scale and content validity was assessed through two rounds of Delphi surveys. In the improvement phase, the contents of the consent form were revised based on the results of a survey of inpatient and outpatient patients in the Department of Acupuncture and Moxibustion at Pusan National University Korean Medicine Hospital, and real-time online meeting. The final version of the standard acupotomy consent form was completed after undergoing proofreading and corrections by a linguistics expert. Results: Only 30% of Korean Medicine hospitals have implemented acupotomy consent forms. The items of the consent forms did not fully include the items presented in the Medical act and the standard contract for medical procedures of the FTC. To address this issue, two rounds of Delphi surveys and a real-time discussion were conducted with a panel of 12 experts on 27 preliminary items of consent forms. The items and contents that met the criteria for content validity ratio, convergence, and consensus were derived. Based on the derived items and content, a standard acupotomy consent form was developed. Conclusions: The standard consent form for acupotomy is anticipated to ensure patient autonomy and enhance transparency and liability in acupotomy. Furthermore, it is expected to serve as evidence in case of medical disputes related to acupotomy and contribute as a reference document for the development of standard consents forms for various procedures of Korean Medicine. However, the limitations of the study include that the survey of consent forms was limited to only training hospitals of Korean Medicine, and the standard consent form is only applicable to adults in Korea. Future studies are needed to address these limitations.

• Journal of the Korean School Mathematics Society
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• v.12 no.4
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• pp.545-562
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• 2009

Calculus is used in various parts of human life and the basis of social science such as economics and public administration. Yet that is still considered important in the field of science and technology only, and there have been a lot of disputes on that phenomenon. Fortunately, calculus is going to be taught as part of the academic high school second-year mathematics curriculum in and after 2010. Students who face calculus for the first time should be helped not to lose interest in differentiation learning, not to be apprehensive of it nor to avoid it. The purpose of this study was to examine the types of errors made by students in the course of solving differentiation problems in an effort to lay the foundation for differentiation education. A pilot test was conducted after generalized differentiation problems to which students were usually exposed were selected, and experts were asked to review the pilot test. And then a finalized test was implemented to make an error analysis according to an error type analysis framework to serve the purpose.

• The Journal of the Korea Contents Association
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• v.17 no.4
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• pp.12-24
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• 2017

This paper analyzed the representation of migrants in television with the example of KBS's My Neighbor, Charles. This primetime TV show with consistent popularity has showcased different types of migrants from other Korean television shows in terms of gender and race, and, partly the difference brought popularity to it. This study finds the major reason of the difference from changed migration patterns in Korea. Until recently, the main population of immigrants in Korea was composed of female brides and workers, but it became diversified to include male and the West migrants. This triggered the changes in media representation, but not thoroughly. Though the faces of migrant protagonists have been diversified, the remaining ideology of nation-centric that has been the main frame to regard migrants as someone to be integrated through traditional values persists. This study finds a few conflicts between the traditional and the change. For example, represented realities of migrants are extends to include their activities in public domain, disputes of multicultural society such as social differentiation and bias, and the criticism of Korean traditional culture. In a gender perspective, while all the marriages represented showed different kinds of vulnerability, discourses of traditional familialism were also clearly presented through different tools of representation. This study aims at contributing existing studies of media representations of migrants with a more complicated pictures in the context of social changes and migration population changes.

• Journal of Korean Society of Rural Planning
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• v.20 no.3
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• pp.75-88
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• 2014

The purpose of the present study is to examine the characteristics of intermediary organizations for rural tourism by analyzing how they are run, especially in Yangpyeong-gun and Icheon-si Nadri groups, and to further look for the desirable role they should play. Since the activities of these intermediary groups have not been accumulated enough to be able to be used for a study, grounded theory was adopted as deemed appropriate among other qualitative research approaches for this paper. Three main findings of the current research are as follows. First, the rural tourism intermediary organizations have characteristics that are leaning towards local villages more than visitors, although they are in the middle of a spectrum stretching between 'visitors to the green villages' on one end and the 'green villages' on the other end. Second, the intermediary groups work not just as a bridge among different green villages but also as a mediator, facilitator and a guide, noting that such roles can vary significantly depending on the level of competence of the groups themselves and the extent to which the government steps in. Third, the tourism intermediary organizations can contribute to local community-building, going beyond the boundaries of green village. They help to improve the quality of tour experience which leads to revitalization of local economy, and during the course of operating the intermediary groups, the community in the village can set up rules and resolve disputes and conflicts. Thus, the activities of the groups have the potential to create a local community by affecting not just at a village level but to a broader area where their operation is based on. Implications of this study are suggested in three ways. First, the paper looked at the interaction between rural tourism intermediary organizations and stakeholder in a comprehensive way with a qualitative research approach taken. Second, it identified the role and tasks of rural tourism intermediary organizations. Third, it is important to ensure that the tourism intermediary organizations play the local community-oriented role.

• Journal of the Korean Geographical Society
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• v.42 no.5
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• pp.745-760
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• 2007

This study aims to categorize and analyze internationally standardized sea names based on their origins. Especially noting the cases of sea names using country names and dual naming of seas, it draws some implications for complementing logics for restoring the name East Sea. Of the 110 names for 98 bodies of water listed in the book titled Limits of Oceans and Seas, the most prevalent cases are named after adjacent geographical features; followed by commemorative names after persons, directions, and characteristics of seas. These international practices of naming seas are contrary to Japan's argument for the principle of using the name of archipelago or peninsula. There are several cases of using a single name of country in naming a sea bordering more than two countries, with no serious disputes. This implies that a specific focus should be given to peculiar situation that the name East Sea contains, rather than the negative side of using single country name. In order to strengthen the logic for justifying dual naming, it is suggested, an appropriate reference should be made to the three newly adopted cases of dual names, in the respects of the history of the surrounding region and the names, people's perception, power structure of the relevant countries, and the process of the standardization of dual names. In order to endow East Sea with the meaning of the east of the Eurasian continent, westerners' perception on the Far East should be elaborated in more detail.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.343-405
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• 2009

This paper is to discuss essential business of hospital business. While the labor world and ILO made continuous recommendation for improvements towards the compulsory arbitration system along with the controversy over unconstitutionality of the system, the Constitutional Court ruled that the system is constitutional on December 23, 1996(90hunba19) and on May 15, 2003 (2001hunga31). Despite this decision from the Constitutional Court, there has been much controversy over whether the compulsory arbitration system infringes the rights of collective action against the principle of trade union & labor relations adjustment which allows Commissioner of the Labor Relations Commission to decide on submission of arbitration by virtue of his/her authority in case where industrial disputes take place in the essential public-service businesses. The revision on the above provision was closely examined from the year 2003 and an agreement was made on the abolition of the compulsory arbitration system and the introduction of essential business with a grand compromise among labor unions, employers and the government on September 11, 2006 followed by revision(Essential business system enacted on January 1, 2008) of the Trade Union & Labor Relations Adjustment Act on December 30 in the same year. Accordingly, in order to perform the essential business, parties to labor relations must have an agreement or obtain a decision by the Labor Relations Commission before taking industrial actions. This paper firstly examined the concept of essential public-service businesses and essential business, legal meaning of essential business, procedures for making agreement and decision and legal effects. Secondly it intensively explored a theory against the principle of the legality which was raised from some part of society. In other words, it is claimed that a theory against the principle of the legality is not consistent with the rule of legislation and some abstract wording is against void for vagueness doctrine because part of crime constitution requirements is delegated to the Presidential Decree or to consultation among parties to labor relations. But analysis on the rule of legislation and void for vagueness doctrine reflected in the decision by the Constitutional Court led that argument for a theory against the principle of the legality is not reasonable. Close examination was done on a formal act of essential business agreement and necessity of prior agreement before submission of decision to the Labor Relations Commission which might have difficulties in performing work. In addition, an example agreement on hospital essential business is attached to help you understand this paper better.

• Journal of Navigation and Port Research
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• v.39 no.1
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• pp.37-43
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• 2015

At marine construction sites, there are problems with regard to dispute on the responsibility of safety management of chartered barge and its legal issues. In general, demise charter with crew is used for barge charterparty which is committed to the marine construction. Although Chapter 5 of the Korean Commercial Act enact provisions regulating a Time Chargerparty and a Bareboat Charterparty, it is difficult to clarify where the responsibility lies with regard to the safety control of the chartered barge. For this reason, disputes on accountability arise when accident occurs in effect. As a result, parties of the charterparty shift the responsibility on each other and there is increased risk for occurrence of similar accidents. There is no legally required qualification for a head of barge workers who is in charge of barge management. It is not possible to demand the head of barge workers to take charge of tasks which requires professional judgment as a marine technician considering his daily work scope. Furthermore, the barge committed to the marine construction as a form of bareboat charter or equipment charterage is an object which should be managed by safety supervisor of the charterer's marine construction. The charterer bears a duty to manage the safety of the barge. Therefore, the charterer is generally liable for the damage incurred in the course of using the chartered barge.

• Journal of Korea Port Economic Association
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• v.28 no.1
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• pp.83-104
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• 2012

The main purpose of tramp ships in shipping markets is to produce operation profits by minimizing the running days in a contract of the voyage charterparty. It is an especially difficult task for the owners to earn operation profits in the present recessional shipping market. Tramp ships are moving towards globalization in order to look for a variety of cargoes, which are distinguished from the liners operating regularly as per the fixed time schedule. Tramp shipping, therefore, requires special attention every voyage to secure operation efficiency which comes from minimized sea and laytime in port. The laytime is allowed by owners but if the charterers use more laytime than that which is incorporated in the charterparty, then a compensation known as 'demurrage' must be paid to owners. Conversely if the time is shorter this is called 'despatch' and in this case the owners are paid. As the laytime issue in the voyage charter is somewhat delicate, it often causes much disputes between charterers and owners during the cargo handling in ports. This study focuses on the charterers' right and duty on the laytime which is usually applied for the benefit of the charterers. Reference is also made to English law cases to reinforce this study and the conclusion will make relevant suggestions for further research.

• Journal of the Korea Safety Management & Science
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• v.21 no.4
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• pp.75-80
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• 2019

Sales of the Korean clothing industry grew to 16.9 percent on-year in 2010, but the growth rate dropped to 3 percent from 2011 to 2016 and the overall market began to slump to 1.1.6 percent in 2017. The competitiveness of clothing companies is also a major sector in logistics capability, and the average logistics cost of domestic clothing companies is 8.3 percent of sales in 2011, higher than the average 8 percent of domestic industries, and 36.4 percent of the total storage cost in 2011, higher than the 28.8 percent share of the total storage cost of domestic companies. As domestic production conditions such as wage hikes and labor disputes worsened in the 1990s, production facilities were rapidly moved overseas, which led many clothing companies to have no production facilities or a minimal production base in Korea and focus on marketing and design capabilities. The total storage capacity and storage efficiency of the logistics center became very important as the products were changed to the form of mass warehousing and small-volume forwarding. Research shows that building column spacing, a model of this research, can affect the amount of hanger rack storage empirically, so for sustainable growth of clothing companies, it is necessary to improve competitiveness in the logistics market by reducing costs and improving efficiency to overcome difficulties in corporate management. Because logistics costs are 8.3 percent and operating profit to sales ratio is 2 percent, it is expected that operating profit will increase by 41.5 percent if logistics costs are reduced by 10 percent. If 10% of storage cost is saved based on storage cost, operating profit is expected to increase by 15% To strengthen the competitiveness of the clothing industry, a reduction in logistics costs is essential. Therefore, the purpose of this study is to provide hints that logistics experts can have empirically small amounts in reducing storage costs through column spacing adjustment of logistics centers that have not been dealt with statistically until now, and to contribute to the continued growth of clothing companies and the development of the domestic logistics industry.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.45
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• pp.51-82
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• 2010

The "rules of private international law" or "conflict of law rules" work to determine the governing law, the law applicable to international contracts. These rules permit parties' autonomy to choose the law applicable to their contracts in cases of both litigations and arbitrations. In this regards, the present article examines parties' five options for the choice of the law governing their contracts, which the parties should consider when negotiating and drafting an international agreement. This means that parties in international contracting should check the contents of the law that they are to choose as the governing law before doing so. The first option is to submit the contract to its own law, which can be the safest and simplest solution generally. However this option is subject to the consent of the other party, and is not appropriate when the domestic law chosen contains mandatory rules strongly protecting the other party. Secondly, the option of choosing the other party's law is not preferable in general. Even though the other party is strong enough to succeed in insisting on applying its own law, the other party is advised to counter-offer a neutral solution by suggesting the application of a transnational set of rules and principles of international contract, such as Unidroit Principles. The third option to choose the law of a third country should be taken with the caution that it should be harmonized with either, in case of litigations, the international jurisdiction clause which makes the country chosen have the jurisdiction over the dispute arising under the contract, or, in case of arbitrations, the way of selection of the arbitrator who has good knowledge of the law chosen. The fourth option of submitting the contract to the lex mercatoria or the general principles of law including the Unidroit Principles can be a advisable solution when a dispute is designed to be submitted to experienced arbitrators. The final and fifth is to be silent on the choice of the governing law in contracting. This option can be usefully available by experienced negotiators who are well familiar with the conflict of laws rules and enables the parties to avoid the difficulties to agree on the governing law issue and leave it open until a dispute arises.