• Title/Summary/Keyword: Information Avoidance

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An Empirical Study on How the Moderating Effects of Individual Cultural Characteristics towards a Specific Target Affects User Experience: Based on the Survey Results of Four Types of Digital Device Users in the US, Germany, and Russia (특정 대상에 대한 개인 수준의 문화적 성향이 사용자 경험에 미치는 조절효과에 대한 실증적 연구: 미국, 독일, 러시아의 4개 디지털 기기 사용자를 대상으로)

  • Lee, In-Seong;Choi, Gi-Woong;Kim, So-Lyung;Lee, Ki-Ho;Kim, Jin-Woo
    • Asia pacific journal of information systems
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    • v.19 no.1
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    • pp.113-145
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    • 2009
  • Recently, due to the globalization of the IT(Information Technology) market, devices and systems designed in one country are used in other countries as well. This phenomenon is becoming the key factor for increased interest on cross-cultural, or cross-national, research within the IT area. However, as the IT market is becoming bigger and more globalized, a great number of IT practitioners are having difficulty in designing and developing devices or systems which can provide optimal experience. This is because not only tangible factors such as language and a country's economic or industrial power affect the user experience of a certain device or system but also invisible and intangible factors as well. Among such invisible and intangible factors, the cultural characteristics of users from different countries may affect the user experience of certain devices or systems because cultural characteristics affect how they understand and interpret the devices or systems. In other words, when users evaluate the quality of overall user experience, the cultural characteristics of each user act as a perceptual lens that leads the user to focus on a certain elements of experience. Therefore, there is a need within the IT field to consider cultural characteristics when designing or developing certain devices or systems and plan a strategy for localization. In such an environment, existing IS studies identify the culture with the country, emphasize the importance of culture in a national level perspective, and hypothesize that users within the same country have same cultural characteristics. Under such assumptions, these studies focus on the moderating effects of cultural characteristics on a national level within a certain theoretical framework. This has already been suggested by cross-cultural studies conducted by scholars such as Hofstede(1980) in providing numerical research results and measurement items for cultural characteristics and using such results or items as they increase the efficiency of studies. However, such national level culture has its limitations in forecasting and explaining individual-level behaviors such as voluntary device or system usage. This is because individual cultural characteristics are the outcome of not only the national culture but also the culture of a race, company, local area, family, and other groups that are formulated through interaction within the group. Therefore, national or nationally dominant cultural characteristics may have its limitations in forecasting and explaining the cultural characteristics of an individual. Moreover, past studies in psychology suggest a possibility that there exist different cultural characteristics within a single individual depending on the subject being measured or its context. For example, in relation to individual vs. collective characteristics, which is one of the major cultural characteristics, an individual may show collectivistic characteristics when he or she is with family or friends but show individualistic characteristics in his or her workplace. Therefore, this study acknowledged such limitations of past studies and conducted a research within the framework of 'theoretically integrated model of user satisfaction and emotional attachment', which was developed through a former study, on how the effects of different experience elements on emotional attachment or user satisfaction are differentiated depending on the individual cultural characteristics related to a system or device usage. In order to do this, this study hypothesized the moderating effects of four cultural dimensions (uncertainty avoidance, individualism vs, collectivism, masculinity vs. femininity, and power distance) as suggested by Hofstede(1980) within the theoretically integrated model of emotional attachment and user satisfaction. Statistical tests were then implemented on these moderating effects through conducting surveys with users of four digital devices (mobile phone, MP3 player, LCD TV, and refrigerator) in three countries (US, Germany, and Russia). In order to explain and forecast the behavior of personal device or system users, individual cultural characteristics must be measured, and depending on the target device or system, measurements must be measured independently. Through this suggestion, this study hopes to provide new and useful perspectives for future IS research.

Impact of impulsiveness on mobile banking usage: Moderating effect of credit card use and mediating effect of SNS addiction (충동성이 모바일뱅킹 사용률에 미치는 영향: 신용카드 사용 여부의 조절효과와 SNS 중독의 매개효과)

  • Lee, Youmi;Nam, Kihwan
    • Journal of Intelligence and Information Systems
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    • v.27 no.3
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    • pp.113-137
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    • 2021
  • According to the clear potential of mobile banking growth, many studies related to this are being conducted, but in Korea, it is concentrated on the analysis of technical factors or consumers' intentions, behaviors, and satisfaction. In addition, even though it has a strong customer base of 20s, there are few studies that have been conducted specifically for this customer group. In order for mobile banking to take a leap forward, a strategy to secure various perspectives is needed not only through research on itself but also through research on external factors affecting mobile banking. Therefore, this study analyzes impulsiveness, credit card use, and SNS addiction among various external factors that can significantly affect mobile banking in their 20s. This study examines whether the relationship between impulsiveness and mobile banking usage depends on whether or not a credit card is used, and checks whether a customer's impulsiveness is possible by examining whether a credit card is used. Based on this, it is possible to establish new standards for classification of marketing target groups of mobile banking. After finding out the static or unsuitable relationship between whether to use a credit card and impulsiveness, we want to indirectly predict the customer's impulsiveness through whether to use a credit card or not to use a credit card. It also verifies the mediating effect of SNS addiction in the relationship between impulsiveness and mobile banking usage. For this analysis, the collected data were conducted according to research problems using the SPSS Statistics 25 program. The findings are as follows. First, positive urgency has been shown to have a significant static effect on mobile banking usage. Second, whether to use credit cards has shown moderating effects in the relationship between fraudulent urgency and mobile banking usage. Third, it has been shown that all subfactors of impulsiveness have significant static relationships with subfactors of SNS addiction. Fourth, it has been confirmed that the relationship between positive urgency, SNS addiction, and mobile banking usage has total effect and direct effect. The first result means that mobile banking usage may be high if positive urgency is measured relatively high, even if the multi-dimensional impulsiveness scale is low. The second result indicates that mobile banking usage rates were not affected by the independent variable, negative urgency, but were found to have a significant static relationship with negative urgency when using credit cards. The third result means that SNS is likely to become addictive if lack of premeditation or lack of perseverance is high because it provides instant enjoyment and satisfaction as a mobile-based service. This also means that SNS can be used as an avoidance space for those with negative urgency, and as an emotional expression space for those with high positive urgency.

A Control Method for designing Object Interactions in 3D Game (3차원 게임에서 객체들의 상호 작용을 디자인하기 위한 제어 기법)

  • 김기현;김상욱
    • Journal of KIISE:Computing Practices and Letters
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    • v.9 no.3
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    • pp.322-331
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    • 2003
  • As the complexity of a 3D game is increased by various factors of the game scenario, it has a problem for controlling the interrelation of the game objects. Therefore, a game system has a necessity of the coordination of the responses of the game objects. Also, it is necessary to control the behaviors of animations of the game objects in terms of the game scenario. To produce realistic game simulations, a system has to include a structure for designing the interactions among the game objects. This paper presents a method that designs the dynamic control mechanism for the interaction of the game objects in the game scenario. For the method, we suggest a game agent system as a framework that is based on intelligent agents who can make decisions using specific rules. Game agent systems are used in order to manage environment data, to simulate the game objects, to control interactions among game objects, and to support visual authoring interface that ran define a various interrelations of the game objects. These techniques can process the autonomy level of the game objects and the associated collision avoidance method, etc. Also, it is possible to make the coherent decision-making ability of the game objects about a change of the scene. In this paper, the rule-based behavior control was designed to guide the simulation of the game objects. The rules are pre-defined by the user using visual interface for designing their interaction. The Agent State Decision Network, which is composed of the visual elements, is able to pass the information and infers the current state of the game objects. All of such methods can monitor and check a variation of motion state between game objects in real time. Finally, we present a validation of the control method together with a simple case-study example. In this paper, we design and implement the supervised classification systems for high resolution satellite images. The systems support various interfaces and statistical data of training samples so that we can select the most effective training data. In addition, the efficient extension of new classification algorithms and satellite image formats are applied easily through the modularized systems. The classifiers are considered the characteristics of spectral bands from the selected training data. They provide various supervised classification algorithms which include Parallelepiped, Minimum distance, Mahalanobis distance, Maximum likelihood and Fuzzy theory. We used IKONOS images for the input and verified the systems for the classification of high resolution satellite images.

A Study of Guidelines for Genetic Counseling in Preimplantation Genetic Diagnosis (PGD) (착상전 유전진단을 위한 유전상담 현황과 지침개발을 위한 기초 연구)

  • Kim, Min-Jee;Lee, Hyoung-Song;Kang, Inn-Soo;Jeong, Seon-Yong;Kim, Hyon-J.
    • Journal of Genetic Medicine
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    • v.7 no.2
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    • pp.125-132
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    • 2010
  • Purpose: Preimplantation genetic diagnosis (PGD), also known as embryo screening, is a pre-pregnancy technique used to identify genetic defects in embryos created through in vitro fertilization. PGD is considered a means of prenatal diagnosis of genetic abnormalities. PGD is used when one or both genetic parents has a known genetic abnormality; testing is performed on an embryo to determine if it also carries the genetic abnormality. The main advantage of PGD is the avoidance of selective pregnancy termination as it imparts a high likelihood that the baby will be free of the disease under consideration. The application of PGD to genetic practices, reproductive medicine, and genetic counseling is becoming the key component of fertility practice because of the need to develop a custom PGD design for each couple. Materials and Methods: In this study, a survey on the contents of genetic counseling in PGD was carried out via direct contact or e-mail with the patients and specialists who had experienced PGD during the three months from February to April 2010. Results: A total of 91 persons including 60 patients, 49 of whom had a chromosomal disorder and 11 of whom had a single gene disorder, and 31 PGD specialists responded to the survey. Analysis of the survey results revealed that all respondents were well aware of the importance of genetic counseling in all steps of PGD including planning, operation, and follow-up. The patient group responded that the possibility of unexpected results (51.7%), genetic risk assessment and recurrence risk (46.7%), the reproduction options (46.7%), the procedure and limitation of PGD (43.3%) and the information of PGD technology (35.0%) should be included as a genetic counseling information. In detail, 51.7% of patients wanted to be counseled for the possibility of unexpected results and the recurrence risk, while 46.7% wanted to know their reproduction options (46.7%). Approximately 96.7% of specialists replied that a non-M.D. genetic counselor is necessary for effective and systematic genetic counseling in PGD because it is difficult for physicians to offer satisfying information to patients due to lack of counseling time and specific knowledge of the disorders. Conclusions: The information from the survey provides important insight into the overall present situation of genetic counseling for PGD in Korea. The survey results demonstrated that there is a general awareness that genetic counseling is essential for PGD, suggesting that appropriate genetic counseling may play a important role in the success of PGD. The establishment of genetic counseling guidelines for PGD may contribute to better planning and management strategies for PGD.

A prognosis discovering lethal-related genes in plants for target identification and inhibitor design (식물 치사관련 유전자를 이용하는 신규 제초제 작용점 탐색 및 조절물질 개발동향)

  • Hwang, I.T.;Lee, D.H.;Choi, J.S.;Kim, T.J.;Kim, B.T.;Park, Y.S.;Cho, K.Y.
    • The Korean Journal of Pesticide Science
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    • v.5 no.3
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    • pp.1-11
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    • 2001
  • New technologies will have a large impact on the discovery of new herbicide site of action. Genomics, combinatorial chemistry, and bioinformatics help take advantage of serendipity through tile sequencing of huge numbers of genes or the synthesis of large numbers of chemical compounds. There are approximately $10^{30}\;to\;10^{50}$ possible molecules in molecular space of which only a fraction have been synthesized. Combining this potential with having access to 50,000 plant genes in the future elevates tile probability of discovering flew herbicidal site of actions. If 0.1, 1.0 or 10% of total genes in a typical plant are valid for herbicide target, a plant with 50,000 genes would provide about 50, 500, and 5,000 targets, respectively. However, only 11 herbicide targets have been identified and commercialized. The successful design of novel herbicides depends on careful consideration of a number of factors including target enzyme selections and validations, inhibitor designs, and the metabolic fates. Biochemical information can be used to identify enzymes which produce lethal phenotypes. The identification of a lethal target site is an important step to this approach. An examination of the characteristics of known targets provides of crucial insight as to the definition of a lethal target. Recently, antisense RNA suppression of an enzyme translation has been used to determine the genes required for toxicity and offers a strategy for identifying lethal target sites. After the identification of a lethal target, detailed knowledge such as the enzyme kinetics and the protein structure may be used to design potent inhibitors. Various types of inhibitors may be designed for a given enzyme. Strategies for the selection of new enzyme targets giving the desired physiological response upon partial inhibition include identification of chemical leads, lethal mutants and the use of antisense technology. Enzyme inhibitors having agrochemical utility can be categorized into six major groups: ground-state analogues, group specific reagents, affinity labels, suicide substrates, reaction intermediate analogues, and extraneous site inhibitors. In this review, examples of each category, and their advantages and disadvantages, will be discussed. The target identification and construction of a potent inhibitor, in itself, may not lead to develop an effective herbicide. The desired in vivo activity, uptake and translocation, and metabolism of the inhibitor should be studied in detail to assess the full potential of the target. Strategies for delivery of the compound to the target enzyme and avoidance of premature detoxification may include a proherbicidal approach, especially when inhibitors are highly charged or when selective detoxification or activation can be exploited. Utilization of differences in detoxification or activation between weeds and crops may lead to enhance selectivity. Without a full appreciation of each of these facets of herbicide design, the chances for success with the target or enzyme-driven approach are reduced.

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Changes of Stress and Coping Strategy in Families of Schizophrenic Patients after Brief Program of Family Education (정신분열병 환자 가족의 단기 가족교육 후 대처전략 및 스트레스 변화에 대한 연구)

  • Seo, Seung-Woo;Yi, Ho-Taek;Paek, Ju-Hee;Lee, Sang-Yeon
    • Korean Journal of Psychosomatic Medicine
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    • v.9 no.1
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    • pp.16-27
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    • 2001
  • Objectives : This study was aimed to investigate stress and coping strategy in the families of schizophrenic patient, and changes of knowledge, stress and coping strategy after brief program of family education compared with control group Methods : The education group consisted of twenty four people who were families with schizophrenic patients and attended the brief program of family education. The control group consisted of twenty two people with schizophrenic inpatients. Self-report questionnaires such as Family Coping Questionnaire(FCQ), Patient Rejection Scale(PRS), Worry Questionnaire, Knowledge Questionnaire, Beck Depression Inventory(BDI), and State-Trait Anxiety Inventory(STAI) were administered to the education group and the control group, twice at the pre-test and post-test. Results : 1) In the education group, scores of worry questionnaire, BDI and STAI-S at the post-test were significantly lower than those at the pre-test. Social interests score of FCQ and knowledge questionnaire score at the post-test were significantly higher than those at the pre-test. In FCQ factors, social interests associated with avoidance strategy score at the post-test was significantly higher than that at the pre-test. However, in the control group, there was no significant difference in all questionnaires. 2) In the education group, significant positive correlation existed between calculated differences of worry questionnaire and STAI-S, and between worry questionnaire and STAI-T, whereas significant negative correlation existed between positive communication of FCQ and PRS, and between knowledge questionnaire and STAI-S. In the control group, significant negative correlation existed between information of FCQ and PRS, and between positive communication of FCQ and PRS. 3) In the education group, significant positive correlation existed between calculated differences of worry questionnaire and age of patient, whereas significant negative correlation existed between knowledge questionnaire and duration of illness. However, in the control group, there was no significant correlation. Conclusion : The brief program of family education was effective in increasing knowledge about schizophrenia, decreasing worry and anxiety about the patients in families with schizophrenic patient. In the education group as knowledge about schizophrenia increased, anxiety about schizophrenic patient decreased, but there was no significant correlation in the control group. As relative's rejection feeling about schizophrenic patient decreased, positive communication strategy increased in both groups. However, the control group was more affected by rejection feeling than the education group.

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Management of the Development of Insecticide Resistance by Sensible Use of Insecticide, Operational Methods (실행방식 측면에서 살충제의 신중한 사용에 의한 저항성 발달의 관리)

  • Chung, Bu-Keun;Park, Chung-Gyoo
    • Korean journal of applied entomology
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    • v.48 no.2
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    • pp.123-158
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    • 2009
  • An attempt was made to stimulate future research by providing exemplary information, which would integrate published knowledge to solve specific pest problem caused by resistance. This review was directed to find a way for delaying resistance development with consideration of chemical(s) nature, of mixture, rotation, or mosaics, and of insecticide(s) compatible with the biological agents in integrated pest management (IPM). The application frequency, related to the resistance development, was influenced by insecticide activity from potentiation, residual period, and the vulnerability to resistance development of chemical, with secondary pest. Chemical affected feeding, locomotion, flight, mating, and predator avoidance. Insecticides with negative cross-resistance by the difference of target sites and mode of action would be adapted to mixture, rotation and mosaic. Mixtures for delaying resistance depend on each component killing very high percentage of the insects, considering allele dominance, cross-resistance, and immigration and fitness disadvantage. Potential disadvantages associated with mixtures include disruption of biological control, resistance in secondary pests, selecting very resistant population, and extending cross-resistance range. The rotation would use insecticides in high and low doses, or with different metabolic mechanisms. Mosaic apply insecticides to the different sectors of a grid for highly mobile insects, spray unrelated insecticides to sedentary aphids in different areas, or mix plots of insecticide-treated and untreated rows. On the evolution of pest resistance, selectivity and resistance of parasitoids and predator decreased the number of generations in which pesticide treatment is required and they could be complementary to refuges from pesticides To enhance the viability of parasitoids, the terms on the insecticides selectivity and factors affecting to the selectivity in field were examined. For establishment of resistant parasitoid, migration, survivorship, refuge, alternative pesticides were considered. To use parasitoids under the pressure of pesticides, resistant or tolerant parasitoids were tested, collected, and/or selected. A parasitoid parasitized more successfully in the susceptible host than the resistant. Factors affecting to selective toxicity of predator are mixing mineral oil, application method, insecticide contaminated prey, trait of individual insecticide, sub-lethal doses, and the developmental stage of predators. To improve the predator/prey ratio in field, application time, method, and formulation of pesticide, reducing dose rate, using mulches and weeds, multicropping and managing of surroundings are suggested. Plant resistance, predator activity, selective insect growth regulator, and alternative prey positively contributed to the increase of the ratio. Using selective insecticides or insecticide resistant predator controlled its phytophagous prey mites, kept them below an economic level, increased yield, and reduced the spray number and fruits damaged.

A Study on the Status of Seeking Intervention among the Workers with Health Problems Identified by the Workers' Periodic Health Examination (특수건강진단에서 발견된 고혈압 및 간질환 유소견자의 건강관리 실태에 관한 조사)

  • Cheong, Hae-Kwan;Kim, Joung-Soon;Moon, Ok-Ryun;Lim, Hyun-Sul
    • Journal of Preventive Medicine and Public Health
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    • v.25 no.4 s.40
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    • pp.343-356
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    • 1992
  • Authors studied the workers' knowledge about the health problems detected through the previous workers' periodic health examination, content of follow-up management ana actions taken for their health problem detected on previous health examination. From June to September 1992, workers' periodic health examination was peformed on workers employed in 10 companies located in 2 middle-sized Korean cities. A questionnaire survey was done far 150 workers who reported to have $D_2$ result of either hypertension or liver disorder at the previous workers' periodic health examination done in 1991. The results are as follows; 1. Of 160 workers who had $D_2$ result of either hypertension or liver disorder in previous examination one year before, only 85 workers(51.3%, 43 workers with hypertension, 38 workers with live disorder) responded that they have such disorders. The other 65 workers responded to questionnaire were all those with C results. Respondents' knowledge about their diagnoses was relatively precise (95.2% in hypertension group, 94.6% in liver disorder group) but knowledge about classification of diseases was poor. 2. The main efforts to solve the health problem nab self management (20 spells, 55.3%), visiting clinic or hospital(6 spells, 12.8%), use of herb medicine (2 spells, 4.3%) and use of drug store(2 spells, 4.3%) in hypertension group. In liver disorder group, 30 spells (71.4%) relied on self management,6 spells (14.3%) on hospital or clinic and 9 spells (21.4%) had no effort to improve the health problem. Content of self management was low salt diet, quit smoking, regular exercise and quit alcohol drinking in order. Avoidance of salt in diet was high in hypertension group and quitting alcohol drinking was high in liver disorder group. In those with self management, 80.7% of hypertension group and 83.3% of liver disorder group continued previous effort. Those, however, who utilized clinic or hospital, only 16.7% and 50.0% were still visiting hospital or clinic. 3. Fifty seven percent of hypertension group and 64.3% of liver disorder group was presently smoking,8.5% and 11.9% reduced smoking and 21.3% and 14.3% stopped smoking. Forty nine percent of hypertension group and 28.6% of liver disorder group was presently drinking. Reduced alcohol intake was reported in 29.8% and 40.5%, 12.8ole and 23.8% stopped alcohol drinking. Sixty six percent of hypertension group and 73.8% of liver disorder group did no regular exercise, but 12.8% and 11.9% of each group increased their physical exercise far last one year. Forty three percent of hypertension group and 38.l% of liver disorder group was overweight (defined by bodymass index greater or equal than 25). Reduced body Weight was reported in 17.2% and 16.7% of each group. Reduced dietary salt intake was high in hypertension group (51.5%). The study results suggest that follow-up management after workers' periodic health examination is not satisfactory. In order to improve this situation, adequate information on the result of the workers' periodic health examination should be distributed to each worker group with health education and counselling.

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Midwives' Perceptions of the Importance of Teaching the Lamaze Method of Childbirth Preparation, Their Practice of it and Inhibiting Factors. (조산사의 라마즈 산전교육에 대한 중요성 인식과 수행정도 및 저해요인에 관한 연구)

  • Yoon, Gui-Nam;Cho, Mi-Young
    • 모자간호학회지
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    • v.2 no.1
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    • pp.21-33
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    • 1992
  • This study was done to investigate how importantly midwives thought of Lamaze Method of Childbirth, how satisfactorily they performed their Lamaze Method of Childbirth and what inhibited their activities from being performed if not done satisfactorily. The subjects of this study were 76midwives at midwifery in Pusan, Deagu, Kyungnam and Kyungbok. Data were collected by using questionaire from Sep. 1 to Sep.30, 1991. The measurement tools was maded by the researcher based on Kim's scale for prenatal nursing activities. The statistical analysis was done with based statistical values likes frequencies, means, standard deviations and advanced methods such as Pearson's correlation coefficient, 1-test, F-test, F-test by using SPSS package program. The results of this study can be summarized as follows ; 1. The results of Investigating perception according to importance degree and performance degree of Lamaze Method of Childbring showed that midwives were slightly below both perception according to importance(2.17) and performance(2.16) of Lamaze Method of Childbirth 2. Inhibiting factors of Lamaze Method of Childbirth were abscence of husband(3.08), lack of teaching room(2.71), and lack of books or literature of Lamaze Method (2.58). 3. There appears to be a positive relation between perception according to importance degree and performance degree of Lamaze Method of Childbirth (r=0.69, P<0.01). There appears to be a negative relation between perception according to importance degree and inhibit factors of performance (r=-0.38, P<0.01). There appears to be a negative relation between performance and inhibit factors of performance (r=-0.22. P<0.01). 4. The item of highest perception defree in prenatal education is 1st, Consultation about sexual life (2.53), End, illustration of the importance of a bath and perinal cleanliness and Avoidance of excessive respiration method and also its comfortable application during uterine contractility(2.45). The item of lowest perception degree is about pregnant symptom sign and predicted date of birth (E.D.C.). On the other hand, The item of highest performance degree is education about nurtrition during pregnacy. 2nd, Illustration of the Importance of a bath and perineal cleanness(2.45). The lowest one is leaching the pregnant woman and her family about the role of husband and her family and also teaching the couple to learn exercise and respiration method (1.84). Though importance perception degree and performance degree is low. Midwives who wert subject in this research shoves that they perform general items concerning prenatal education well. 5. In the relationship between perception according to importance degree of Lamaze Method of Childbirth and the general characteristics of subjects, the differences in mean number of visiting pregnacies for 1 month. 6. In the relationship between performance degree of Lamaze Method of Childbirth and the general characteristics of subjects, the differences in age, marriage, and mean number of visiting pregnancies for 1 month. With the above information we see the importance of midwife prenatal care education and high correlation between performance degree and perception degree. When Lamaze prenatal education is well performed the number of pregnant woman who have follow-up, check-ups increase. Therefore in this research we can validity that there is a relation between Lamaze prenatal education and patient follow-up. This research showes in a situation where if one does not maximally perform a prenatal education there is a possibility that the popular use of midwife activities may encounter obstacles so the education to save new knowledge and training for prenatal education is needed as a function of Lamaze prenatal education, when a special Lamaze education is well performed for the pregnant woman, who follows-up at amidwife clinic. With the above conclusion we can suggest : 1. Continued research which minimized obstacles to Lamaze prenatal education is needed. 2. The official method of midwives is necessary.

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Discussion by UNCITRAL for Development of International Commercial Conciliation and Arbitration Systems (국제상사조정 및 중재제도 개선에 관한 UNCITRAL 논의동향)

  • Lee, Kang Bin
    • Journal of Arbitration Studies
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    • v.10 no.1
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    • pp.3-25
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    • 2000
  • At its thirty-second session in 1999, the UNCITRAL had before it the requested note entitled "Possible future work in the area of international commercial arbitration." After concluding the discussion on its future work in the area of international commercial arbitration, it was agreed that the priority items for the working group should be conciliation, requirement of written form for the arbitration and enforceability of interim measures of protection. the Commission entrusted the work to the Working Group on Arbitration which held its thirty-second session at Vienna from 20 to 31 March 2000. The Working Group discussed agenda item 3 on the basis of the report of Secretary General entitled "Possible uniform rules on certain issues concerning settlement of commercial disputes : conciliation, interim measures of protection, written form for arbitration agreement." At its thirty-three session in 2000, the UNCITRAL had before it the report of Secretary General on agenda item 3 discussed by the Working Group. The Working Group discussed the issues relating to certain aspects of conciliation proceedings ; (1) Admissibility of certain evidence in subsequent judicial or arbitral proceedings ; (2) Role of conciliatior in arbitration or court proceedings ; (3) Enforceability of settlement agreements reached in conciliation proceedings ; (4) Other possible items for harmonized treatment : a) Admissibility or desirability of conciliation by arbitrators b) Effect of an agreement to conciliate on judicial or arbitral proceedings c) Effect of conciliation on the running of limitation period d) Communication between the conciliator and parties ; disclosure of information e) Role of conciliator. It was generally considered that decisions as to the form of the text to be prepared should be made at a later stage when the substance of prepared solutions would become clearer. However, it was noted that model legislative provisions seemed to be appropriate form for a number of matters proposed to be discussed in the area conciliation. There was general support in the Working Group for the proposition to perpare a legislative regime governing the enforcement of interim measures of protection ordered by arbitral tribunals. It was generally considered that legislative regime should apply to enforcement of interim measures issued in arbitration taking place in State where enforcement was sought as well as outside that State. It was generally observed that there was a need for provisions which conformed to current practice in international trade with regard to requirements of written form for arbitration agreement. The view was adopted by the Working Group that the objective of ensuring a uniform interpretation of the form requirement that responded to the needs of international trade could be achieved by : preparing a model legislative provision clarifying, for avoidance of doubt, the scope of article 7(2) of the UNCITRAL Model Law on International Commercial Arbitration : and adopting a declaration, resolution or statement addressing the interpretation of the New York Convention that would reflect a broad understanding of the form requirement. There was general agreement in the Working Group that, in order to promote the use of electronic commerce for international trade and leave the parties free to agree to the use of arbitration in the electronic commerce sphere, article II(2) of the New York Convention should be interpreted to cover the use of electronic means of communication as defined un article 2 of the Model Law on Electronic Commerce and that it required no amendment to do that. The UNCITRAL may wish to consider to the desirability of preparing uniform provisions on any of those issues concerning conciliation and arbitration proceedings, possibly indicating whether future work should be towards a legislative text or non-legislative text.

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