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Current Development of Company Law in the European Union (유럽주식회사법의 최근 동향에 관한 연구)

  • Choi, Yo-Sop
    • Journal of Legislation Research
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    • no.41
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    • pp.229-260
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    • 2011
  • European Union (EU) law has been a complex but at the same time fascinating subject of study due to its dynamic evolution. In particular, the Lisbon Treaty which entered into force in December 2009 represents the culmination of a decade of attempts at Treaty reform and harmonisation in diverse sectors. Amongst the EU private law fields, company law harmonisation has been one of the hotly debated issues with regards to the freedom of establishment in the internal market. Due to the significant differences between national provisions on company law, it seemed somewhat difficult to harmonise company law. However, Council Regulation 2157/2001 was legislated in 2001 and now provides the basis for the Statute for a European Company (or Societas Europaea: SE). The Statute is also supplemented by the Council Directive 2001/86 on the involvement of employees. The SE Statute is a legal measure in order to contribute to the internal market, and provides a choice for companies that wish to merge, create a joint subsidiary or convert a subsidiary into an SE. Through this option, the SE became a corporate form which is only available to existing companies incorporated in different Member States in the EU. The important question on the meaning of the SE Statute is whether the distinctive characteristics of the SE make it an attractive option to ensure significant numbers of SE registration. In fact, the outcome that has been made through the SE Statute is an example of regulatory competition. The traditional regulatory competition in the freedom of establishment has been the one between national statutes between Member States. However, this time is not a competition between Member States, which means that the Union has joined the area in competition between legal orders and is now in competition with the systems of company law of the Member States.Key Words : European Union, EU Company Law, Societas Europaea, SE Statute, One-tier System, Two-tier System, Race to the Bottom A quite number of scholars expect that the number of SE will increase significantly. Of course, there is no evidence of regulatory competition that Korea faces currently. However, because of the increasing volume of international trade and expansion of regional economic bloc, it is necessary to consider the example of development of EU company law. Addition to the existing SE Statute, the EU Commission has also proposed a new corporate form, Societas Private Europaea (private limited liable company). All of this development in European company law will help firms make their best choice for company establishment. The Delaware-style development in the EU will foster the race to the bottom, thereby improving the contents of company law. To conclude, the study on the development of European company law becomes important to understand the evolution of company law and harmonisation efforts in the EU.

A Study on People Counting in Public Metro Service using Hybrid CNN-LSTM Algorithm (Hybrid CNN-LSTM 알고리즘을 활용한 도시철도 내 피플 카운팅 연구)

  • Choi, Ji-Hye;Kim, Min-Seung;Lee, Chan-Ho;Choi, Jung-Hwan;Lee, Jeong-Hee;Sung, Tae-Eung
    • Journal of Intelligence and Information Systems
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    • v.26 no.2
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    • pp.131-145
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    • 2020
  • In line with the trend of industrial innovation, IoT technology utilized in a variety of fields is emerging as a key element in creation of new business models and the provision of user-friendly services through the combination of big data. The accumulated data from devices with the Internet-of-Things (IoT) is being used in many ways to build a convenience-based smart system as it can provide customized intelligent systems through user environment and pattern analysis. Recently, it has been applied to innovation in the public domain and has been using it for smart city and smart transportation, such as solving traffic and crime problems using CCTV. In particular, it is necessary to comprehensively consider the easiness of securing real-time service data and the stability of security when planning underground services or establishing movement amount control information system to enhance citizens' or commuters' convenience in circumstances with the congestion of public transportation such as subways, urban railways, etc. However, previous studies that utilize image data have limitations in reducing the performance of object detection under private issue and abnormal conditions. The IoT device-based sensor data used in this study is free from private issue because it does not require identification for individuals, and can be effectively utilized to build intelligent public services for unspecified people. Especially, sensor data stored by the IoT device need not be identified to an individual, and can be effectively utilized for constructing intelligent public services for many and unspecified people as data free form private issue. We utilize the IoT-based infrared sensor devices for an intelligent pedestrian tracking system in metro service which many people use on a daily basis and temperature data measured by sensors are therein transmitted in real time. The experimental environment for collecting data detected in real time from sensors was established for the equally-spaced midpoints of 4×4 upper parts in the ceiling of subway entrances where the actual movement amount of passengers is high, and it measured the temperature change for objects entering and leaving the detection spots. The measured data have gone through a preprocessing in which the reference values for 16 different areas are set and the difference values between the temperatures in 16 distinct areas and their reference values per unit of time are calculated. This corresponds to the methodology that maximizes movement within the detection area. In addition, the size of the data was increased by 10 times in order to more sensitively reflect the difference in temperature by area. For example, if the temperature data collected from the sensor at a given time were 28.5℃, the data analysis was conducted by changing the value to 285. As above, the data collected from sensors have the characteristics of time series data and image data with 4×4 resolution. Reflecting the characteristics of the measured, preprocessed data, we finally propose a hybrid algorithm that combines CNN in superior performance for image classification and LSTM, especially suitable for analyzing time series data, as referred to CNN-LSTM (Convolutional Neural Network-Long Short Term Memory). In the study, the CNN-LSTM algorithm is used to predict the number of passing persons in one of 4×4 detection areas. We verified the validation of the proposed model by taking performance comparison with other artificial intelligence algorithms such as Multi-Layer Perceptron (MLP), Long Short Term Memory (LSTM) and RNN-LSTM (Recurrent Neural Network-Long Short Term Memory). As a result of the experiment, proposed CNN-LSTM hybrid model compared to MLP, LSTM and RNN-LSTM has the best predictive performance. By utilizing the proposed devices and models, it is expected various metro services will be provided with no illegal issue about the personal information such as real-time monitoring of public transport facilities and emergency situation response services on the basis of congestion. However, the data have been collected by selecting one side of the entrances as the subject of analysis, and the data collected for a short period of time have been applied to the prediction. There exists the limitation that the verification of application in other environments needs to be carried out. In the future, it is expected that more reliability will be provided for the proposed model if experimental data is sufficiently collected in various environments or if learning data is further configured by measuring data in other sensors.

A Study on the Algebraic Thinking of Mathematically Gifted Elementary Students (초등 수학영재의 대수적 사고 특성에 관한 분석)

  • Kim, Min-Jung;Lee, Kyung-Hwa;Song, Sang-Hun
    • School Mathematics
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    • v.10 no.1
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    • pp.23-42
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    • 2008
  • The purpose of this study was to describe characteristics of thinking in elementary gifted students' solutions to algebraic tasks. Especially, this paper was focused on the students' strategies to develop generalization while problem solving, the justifications on the generalization and metacognitive thinking emerged in stildents' problem solving process. To find these issues, a case study was conducted. The subjects of this study were four 6th graders in elementary school-they were all receiving education for the gifted in an academy for the gifted attached to a university. Major findings of this study are as follows: First, during the process of the task solving, the students varied in their use of generalization strategies and utilized more than one generalization strategy, and the students also moved from one strategy toward other strategies, trying to reach generalization. In addition, there are some differences of appling the same type of strategy between students. In a case of reaching a generalization, students were asked to justify their generalization. Students' justification types were different in level. However, there were some potential abilities that lead to higher level although students' justification level was in empirical step. Second, the students utilized their various knowledges to solve the challengeable and difficult tasks. Some knowledges helped students, on the contrary some knowledges made students struggled. Specially, metacognitive knowledges of task were noticeably. Metacognitive skills; 'monitoring', 'evaluating', 'control' were emerged at any time. These metacognitive skills played a key role in their task solving process, led to students justify their generalization, made students keep their task solving process by changing and adjusting their strategies.

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A Study on the Printability according to Ink-Jet Paper of Digital Web-Printing (디지털 윤전 인쇄에서 잉크젯 전용지에 따른 인쇄 적성에 관한 연구)

  • Oh, Se-Jin;Kim, Sung-Su;Koo, Chul-Whoi
    • Journal of the Korean Graphic Arts Communication Society
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    • v.31 no.1
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    • pp.39-49
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    • 2013
  • Nowadays the printing market has shift from 2D(two dimension) industry to 3D(three dimension) industry, along with IT. With rapidly changing market, it's true that the effort to develop the printing materials and upgrade the printing qualities is produced actively in the country. Particularly, the differences in printing materials can often determine the quality of printings in the printability. In the case of the printability of offset, 9 items(paper, ink, order of printing, ink supply, blowing-up halftone, grey balance, key color(base color), overlap efficiency, quality at the halftone dot reproduction etc.) are usually considered as the important factors and used to estimate the printability at abroad. However, in domestic, ink-jet paper is not used for the printing/publishing by ink-jet printing for digital, but done mainly for offset printing. Because the paper of gloss coated type, which is the ink-jet paper, has high price, it's too hard to manufacture massively printing/publishing. Also, in the case of the paper of uncoated type, in spite of its reasonable price rather than the former, the type of uncoated one also has demerit that the ink-jet paper has a clear difference between the front and the back. Therefore, it's tough reality that Ink Jet paper is hardly taken advantage of as the printing/publishing. Thus, what is done in the first to print and/or publish on ink-jet paper is that the front and the back must be printed evenly, and appropriate to the printability of ink-jet. Although there're some kinds of ink-jet paper in the country, it has not been produced in true domestic production yet. In addition, thanks to the brightness of fluorescence brightening agent, the foreign product can offer the good-qualified one-time printing. But when it comes to the printing/publishing, there're difficulties that it may cause the Ocular Fatigue because of long-term exposure of the eyes to text. This research tries to find out the optimum ink-jet paper in domestic for the printing/publishing by studying on the printability of ink-jet on digital web-printing. And it also tries to look for the paper's brightness which can be reduce the possibility to cause the consumers' Ocular Fatigue.

A Study on the Necessity of Using Demand Guarantee following Unfair Calling Cases (부당지급청구 사례로 본 청구보증 사용의 필요성에 관한 연구)

  • Kim, Pil Joon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.58
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    • pp.215-236
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    • 2013
  • It is quite true that the more Korean contractors receive overseas contracts, the more they need guarantees. The top market for them is the Middle East countries, consisting of more than the half of the total amount awarded last year and the trend is increasing as well. The problem, however, is that employers in these countries are reluctant to use international rules for guarantee such as URDG or ISP98 and easily make unfair callings. However, Korean contractors(applicants), especially small and medium sized enterprises(SMEs) tend to hurriedly enter a contract without looking into its contents as well as guarantees. They do not realize the importance of the guarantees until they receive callings from the employers(beneficiaries). Being independent from the underlying contracts, guarantee is the equivalent to cash in that it usually does not require any proof of demand when calling and the guarantor should make a payment within usually 5 business days after the request. It is often observed these days that several Korean SMEs go bankrupt due to liquidity risks after receiving unfair callings from employers in the Middle East countries. In retrospect, some cases could be obviated if contractors were a little more careful in checking the contents of a guarantee at the time of concluding a contract. For example, there is one case where the underlying contract includes a reduction clause in the Advance Payment bond and the guarantee does not have that clause. In the end, the Korean contractor had to take the whole burden of the bond amount though it had finished 81% of the project. Nobody could argue that contractors should take a full responsibility if they fail in their obligations. However, the employer's wrongful callings need to be prevented in the first place, if possible. As there shouldn't be a case where one party is at a disadvantage against the other like the case mentioned above, useful insight is being sought to minimize unfair calling risks for the benefit of the applicant. First, the applicant should carefully look into every detail of the potential guarantee before signing a contract, heeding especially that there is a reduction clause in the AP bond. Second, the governing principles for guarantee should be the ones that are internally used such as URDG758 that is objective in terms of callings given that, for example, it specifies that the requirement for a supporting statement when making a demand is a default rule. It is also recommended that the form of guarantees be the standard demand guarantee. Third, parties involved in issuing guarantees are advised to understand international rules for guarantee like URDG758 and ISP98 and to play a key role in guiding SME contractors in Korea so that they can protect themselves from possible wrongful callings, particularly from employers in the Middle East countries. I hope this study would give a wake-up call for Korean SMEs wishing to do business in the Middle East countries and remind them of the importance of guarantee itself and its governing principles.

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An Exploratory Study on Adoption of Public Institution's Mobile Service: Focusing on In-Depth Interviews with Users and Experts (공공기관 모바일 서비스 수용에 관한 탐색적 연구: 사용자 및 전문가 대상 심층인터뷰를 중심으로)

  • Koh, Joon;Son, Ju-Hee;Yang, Sung-Byung
    • The Journal of the Korea Contents Association
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    • v.14 no.10
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    • pp.706-722
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    • 2014
  • Government and public institutions have been releasing a number of mobile applications in order to provide diverse public services in the mobile environment. However, due to their one-sided and fragmented service with the lack of adequate care for users, the utilization rate is extremely poor. Therefore, this study, based on a relevant literature review, identified and derived the five key factors (usefulness, convenience, interactivity, information credibility, and social pressure) for users' mobile service adoption. Then, through in-depth interviews with five users and five experts regarding the 'business support app' of one public agency (H institution) that specializes in SMEs, we found that all of these factors are important for users' mobile service adoption. Users' satisfaction could be significantly improved through real-time response to their needs. In addition, providing them with useful and tailored information can lead to mutual trust between public institutions and users. Consequently, as these user-oriented services can increase users' loyalty and boost the utilization rate of the public apps, public institutions should always put persistent efforts to cope with users' demands.

Clinical Characteristics and Survival Analysis of Breast Cancer Molecular Subtypes with Hepatic Metastases

  • Ge, Qi-Dong;Lv, Ning;Kong, Ya-Nan;Xie, Xin-Hua;He, Ni;Xie, Xiao-Ming;Wei, Wei-Dong
    • Asian Pacific Journal of Cancer Prevention
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    • v.13 no.10
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    • pp.5081-5086
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    • 2012
  • Background: The liver is one of the most common metastatic sites of breast cancer, hepatic metastases developing in 6%-25% of patients with breast cancer and being associated with a poor prognosis. The aim of this study was to analyze the survival and clinical characteristics of patients with hepatic metastases from breast cancer of different molecular subtypes and to investigate the prognostic and predictive factors that effect clinical outcome. Methods: We retrospectively studied the charts of 104 patients with breast cancer hepatic metastases diagnosed at Sun Yat-sen University Cancer Center from December 1990 to June 2009. Subtypes were defined as luminal A, luminal B, human epidermal growth factor receptor 2 (HER2) enriched, triple-negative (TN). Prognostic factor correlations with clinical features and treatment approaches were assessed at the diagnosis of hepatic metastases. Results: The median survival time was 16.0 months, and the one-, two- three-, four-, five-year survival rates were 63.5%, 31.7%, 15.6%, 10.8%, and 5.4%, respectively. Median survival periods after hepatic metastases were 19.3 months (luminal A), 13.3 months (luminal B), 18.9 months (HER2-enriched), and 16.1 months (TN, P=0.11). In multivariate analysis, a 2 year-interval from initial diagnosis to hepatic metastasis, treatment with endocrine therapy, and surgery were independent prognostic factors. Endocrine therapy could improve the survival of luminal subtypes (P=0.004) and was a favorable prognostic factor (median survival 23.4 months vs. 13.8 months, respectively, P=0.011). Luminal A group of patients treated with endocrine therapy did significantly better than the Luminal A group of patients treated without endocrine therapy (median survival of 48.9 vs. 13.8 months, P=0.003). Conclusions: Breast cancer subtypes were not associated with survival after hepatic metastases. Endocrine therapy was a significantly favorable treatment for patients with luminal subtype.

A Study on the Impact of Oil Price Volatility on Korean Macro Economic Activities : An EGARCH and VECM Approach (국제유가의 변동성이 한국 거시경제에 미치는 영향 분석 : EGARCH 및 VECM 모형의 응용)

  • Kim, Sang-Su
    • Journal of Distribution Science
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    • v.11 no.10
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    • pp.73-79
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    • 2013
  • Purpose - This study examines the impact of oil price volatility on economic activities in Korea. The new millennium has seen a deregulation in the crude oil market, which invited immense capital inflow into Korea. It has also raised oil price levels and volatility. Drawing on the recent theoretical literature that emphasizes the role of volatility, this paper attends to the asymmetric changes in economic growth in response to the oil price movement. This study further examines several key macroeconomic variables, such as interest rate, production, and inflation. We come to the conclusion that oil price volatility can, in some part, explain the structural changes. Research design, data, and methodology - We use two methodological frameworks in this study. First, in regards to the oil price uncertainty, we use an Exponential-GARCH (Exponential Generalized Autoregressive Conditional Heteroskedasticity: EGARCH) model estimate to elucidate the asymmetric effect of oil price shock on the conditional oil price volatility. Second, along with the estimation of the conditional volatility by the EGARCH model, we use the estimates in a VECM (Vector Error Correction Model). The study thus examines the dynamic impacts of oil price volatility on industrial production, price levels, and monetary policy responses. We also approximate the monetary policy function by the yield of monetary stabilization bond. The data collected for the study ranges from 1990: M1 to 2013: M7. In the VECM analysis section, the time span is split into two sub-periods; one from 1990 to 1999, and another from 2000 to 2013, due to the U.S. CFTC (Commodity Futures Trading Commission) deregulation on the crude oil futures that became effective in 2000. This paper intends to probe the relationship between oil price uncertainty and macroeconomic variables since the structural change in the oil market became effective. Results and Conclusions - The dynamic impulse response functions obtained from the VECM show a prolonged dampening effect of oil price volatility shock on the industrial production across all sub-periods. We also find that inflation measured by CPI rises by one standard deviation shock in response to oil price uncertainty, and lasts for the ensuing period. In addition, the impulse response functions allude that South Korea practices an expansionary monetary policy in response to oil price shocks, which stems from oil price uncertainty. Moreover, a comparison of the results of the dynamic impulse response functions from the two sub-periods suggests that the dynamic relationships have strengthened since 2000. Specifically, the results are most drastic in terms of industrial production; the impact of oil price volatility shocks has more than doubled from the year 2000 onwards. These results again indicate that the relationships between crude oil price uncertainty and Korean macroeconomic activities have been strengthened since the year2000, which resulted in a structural change in the crude oil market due to the deregulation of the crude oil futures.

A Study of Realistic Mathematics Education - Focusing on the learning of algorithms in primary school - (현실적 수학교육에 대한 고찰 - 초등학교의 알고리듬 학습을 중심으로 -)

  • 정영옥
    • Journal of Educational Research in Mathematics
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    • v.9 no.1
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    • pp.81-109
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    • 1999
  • This study aims to reflect the basic principles and teaching-teaming principles of Realistic Mathematics Education in order to suppose an way in which mathematics as an activity is carried out in primary school. The development of what is known as RME started almost thirty years ago. It is founded by Freudenthal and his colleagues at the former IOWO. Freudenthal stressed the idea of matheamatics as a human activity. According to him, the key principles of RME are as follows: guided reinvention and progressive mathematisation, level theory, and didactical phenomenology. This means that children have guided opportunities to reinvent mathematics by doing it and so the focal point should not be on mathematics as a closed system but on the process of mathematisation. There are different levels in learning process. One should let children make the transition from one level to the next level in the progress of mathematisation in realistic contexts. Here, contexts means that domain of reality, which in some particular learning process is disclosed to the learner in order to be mathematised. And the word of 'realistic' is related not just with the real world, but is related to the emphasis that RME puts on offering the students problem situations which they can imagine. Under the background of these principles, RME supposes the following five instruction principles: phenomenological exploration, bridging by vertical instruments, pupils' own constructions and productions, interactivity, and interwining of learning strands. In order to reflect how to realize these principles in practice, the teaming process of algorithms is illustrated. In this process, children follow a learning route that takes its inspiration from the history of mathematics or from their own informal knowledge and strategies. Considering long division, the first levee is associated with real-life activities such as sharing sweets among children. Here, children use their own strategies to solve context problems. The second level is entered when the same sweet problems is presented and a model of the situation is created. Then it is focused on finding shortcomings. Finally, the schema of division becomes a subject of investigation. Comparing realistic mathematics education with constructivistic mathematics education, there interaction, reflective thinking, conflict situation are many similarities but there are alsodifferences. They share the characteristics such as mathematics as a human activity, active learner, etc. But in RME, it is focused on the delicate balance between the spontaneity of children and the authority of teachers, and the development of long-term loaming process which is structured but flexible. In this respect two forms of mathematics education are different. Here, we learn how to develop mathematics curriculum that respects the theory of children on reality and at the same time the theory of mathematics experts. In order to connect the informal mathematics of children and formal mathematics, we need more teachers as researchers and more researchers as observers who try to find the mathematical informal notions of children and anticipate routes of children's learning through thought-experiment continuously.

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Influence of Smartphone Addiction, Sleeping Condition, Scholastic Achievement on Mental Health in Nursing Students (간호대학생의 스마트폰 중독, 수면상태, 학업성취가 정신건강에 미치는 영향)

  • Im, Young Soon;Noh, Gie Ok
    • Journal of Internet of Things and Convergence
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    • v.6 no.2
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    • pp.57-64
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    • 2020
  • The purpose of this study was to investigate the smartphone addition, which effects sleep, scholastic achievement and mental health in nursing students. The study subjects consisted of 185 nursing students in grade 2nd, 3rd who completed a informed consent. The date were collected from 13th of May to 3rd of June 2019. Data were analyzed descriptive statistics, Independent t-test, one-way ANOVA, Pearson correlation and stepwise multiple regression using by IBM SPSS/WIN 24.0. The score for Smart Phone addition was 36.99 out of 60. The more addicted a smartphone is, the more likely shows lower score of sleep (r=.19, p=.009), mental health (r=.34, p<.001) was found to be negative. The key variable for effecting nursing students' mental health was smartphone addiction, quality of sleep and time, level of grade. Among them, smartphone addiction (β=.27) was found to have the highest influence for all. Explanation that by influencing factors was 20.4%. Therefore, for the mental health of nursing students, various programs that can reduce smartphone addiction should be applied and sleep management should be done.