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Legality of the Welfare Benefits Termination and Modification Procedure under the National Basic Living Security Act: Applying the Due Process of Law Principle (국민기초생활보장법상의 급여변경 및 중지절차의 적정성에 대한 법적 고찰 : 적법절차원칙의 적용)

  • Kim, Jihye
    • Korean Journal of Social Welfare Studies
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    • v.42 no.4
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    • pp.239-262
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    • 2011
  • The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.

The Historical Changes of Seonjam·Chinjam Ritual and Music in the Joseon Dynasty (조선시대 선잠·친잠의례와 음악의 역사적 변천)

  • Song, Ji-Won
    • (The) Research of the performance art and culture
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    • no.39
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    • pp.509-547
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    • 2019
  • The cocoon breeding related national ritual ceremony exercised from the beginning time of Joseon is the 'clothing culture' that has taken its role in the ritual ceremony where it demonstrates the resolution of a state that placed importance in 'things to wear'. During the reign of King Seongjong, it enhanced the level of importance by adding the 'procedure to pick up the mulberry leaved by the queen personally'. During the reign of King Youngjo, the implication of the ritual ceremony was even more expanded that there was an new emergence of new type of national ceremony for the Joseon Era with its first ritual ceremony for woman to personally administer the memorial ceremony to the 'woman divinity' in addition to the 'Jakheonrye' procedure to personally present by the queen for the cocoon breeding. This is intended to meet the status of chingyeonguirye (farming-friendly ceremony) with King Youngjo to personally cultivate the dry field after administering Seonnongje (good harvest paying ceremony) that it is conspicuously demonstrating the importance of farming and cocoon breeding activities. As a result, the Chinjam (a type of ceremony that queen personally breeds cocoon for fabrics) related ceremonial rite that was rearranged during the reign of King Youngjo was settled into 11 ceremonial rites with the expansion of its contents. It ranges from the procedure to leave the palace for carrying out the ritual ceremony to the procedure for the crown princess and Hyebin-gung to accompany the queen, ritual for the queen to devote the Jakheonrye to exercise Chinjam, the ritual for the king to announce his royal message, johyeonui (morning assembly) exercised after completing Chinjam, it is the ritual for the queen to receive the box that contained the cocoon. This type of ritual ceremony is a significant expansion when compared with the exercise carried out earlier and it is part of characteristics displayed for ritual overhaul trend in the reign of King Youngjo. In the main procedures of these ceremonial rites, the music is accompanied and the music includes folk music, inspiration and so forth. The Chinjam related ritual ceremony in the reign of King Youngjo was established in the direction to establish it as the ritual ceremony for a woman who had the divine role of the seonjamje ritual to administer the ritual in a way of having the justification and reality to be consistent.

A Study on the Consumers' Inherent Characteristics Influencing on the Relationship Building Intention with the Salesperson: Relational Benefits as Mediating Variables (영업사원과의 관계구축 의도에 영향을 미치는 소비자의 내재적 특성에 관한 연구: 관계적 혜택을 매개변수로)

  • Park, Chanwook
    • Asia Marketing Journal
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    • v.11 no.3
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    • pp.31-56
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    • 2009
  • As the competition intensifies and the market matures, marketers are more and more concerned with the relationship marketing. Many of the previous researches have pointed out that not all of the consumers are relationship-oriented. But none of the previous research has systematically investigated this issue. This research investigated the relationship among the three concepts: consumers' intrinsic characteristics, perceived importance of relational benefits, and relationship building intention with the salesperson. In this research the perceived importance of relational benefits is treated as mediating variable in the relationship between consumers' intrinsic characteristics and relationship building intention with the salesperson. The conceptual model in this study can be depicted as follows. From the consumers' perspective relational benefits can be defined as "the additional benefits consumers can receive in addition to core services through the long-term relationship with the service provider." And in this study two kinds of relational benefits are adopted by reviewing the previous research: confidence benefits and social benefits. Relational benefit received from the salesperson is very important to predict consumers' relationship building intention with the salesperson. The more relational benefits consumer wants from the salesperson, the more relationship building intention he/she has. From this point two hypotheses are derived as follows. Hypothesis 1: As the perceived importance of confidence benefit from the salesperson increases, the relationship building intention with the salesperson increases. Hypothesis 2: As the perceived importance of social benefit from the salesperson increases, the relationship building intention with the salesperson increases. In this study four individual characteristics(risk taking tendency, variety-seeking tendency, product knowledge, trust orientation) are hypothesized to influence the perceived importance of confidence benefits from the salesperson. And three individual characteristics(interpersonal orientation, price consciousness, trust orientation) are hypothesized to influence the perceived importance of social benefits from the salesperson. These 7 hypotheses are as follows. Hypothesis 3: As the risk taking tendency increases, the perceived importance of confidence benefits from the salesperson decreases. Hypothesis 4: As the variety-seeking tendency increases, the perceived importance of confidence benefits from the salesperson decreases. Hypothesis 5: As the product knowledge increases, the perceived importance of confidence benefits from the salesperson decreases. Hypothesis 6: As the trust orientation increases, the perceived importance of confidence benefits from the salesperson increases. Hypothesis 7: As the interpersonal orientation increases, the perceived importance of social benefits from the salesperson increases. Hypothesis 8: As the price consciousness increases, the perceived importance of social benefits from the salesperson decreases. Hypothesis 9: As the trust orientation increases, the perceived importance of social benefits from the salesperson increases. The whole model in this study can be depicted as follows: Data were collected from the 396 consumers who actually trade stocks through the salesperson and were analyzed using structural equation model. The analysis results show that consumers' perceived importance of relational benefits(confidence benefit and social benefit) play the roles of mediating variables in the causal relationship between consumers' inherent characteristics and their relationship building intention with the salesperson. As for the individual characteristics, the influences of variety-seeking tendency, trust orientation, and price consciousness are statistically significant. It was found that variety-seeking tendency has a significant negative effect on the perceived importance of confidence benefit, and that trust orientation has a significant positive effect on the perceived importance of both of confidence and social benefit. Finally it was also found that, on the contrary to the influence direction suggested in the hypothesis, price consciousness has a significant positive effect on the perceived importance of social benefit.

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Safety and Efficacy of Gemcitabine Based Chemotherapy in Elderly Patients with Advanced Pancreatic Cancer - Safety of Gemcitabine in Elderly (진행성 췌장암을 가진 노인환자에서 Gemcitabine 항암화학요법의 안정성과 효과 - 노인에서 Gemcitabine의 안정성 -)

  • You Ie Choi;Dong Uk Kim;Jae Hoon Cheong;Bong Eun Lee;Gwang Ha Kim;Geun Am Song
    • Journal of Digestive Cancer Research
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    • v.1 no.1
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    • pp.36-42
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    • 2013
  • Background/Aims: Gemcitabine is regarded as a reference regimen for advanced pancreatic cancer and shows relatively safe toxicity profiles compared with other cytotoxic agents. However, many oncologists are appeared to be still reluctant to treat elderly pancreatic cancer patients with cytotoxic chemotherapy because of predicted low response rate and potential adverse events. Methods: All patients who were received gemcitabine based chemotherapy between 2007 and 2010 were identified and clinical, laboratory, radiographic data were retrospectively reviewed. Patients were divided into two groups based on their ages: less than 65, and equal or more than 65 years old. Gemcitabine, at a dose of 1,000 mg per square meter of body surface area, was administered by intravenously over 30 minutes weekly for 3 weeks followed by 1 week rest, alone or along with other chemotherapeutic agents including cisplatin, capecitabine and erlotinib. Results: A total of 61 patients were identified and all patients were not eligible to receive operation because of advanced stage at diagnosis. Twenty three patients (37.7%) were equal or more than 65 year of age. Mean age was 56 years old and 71 years old in each group. Laboratory data including CA 19-9 were not significantly different. More gemcitabine monotherapy was delivered (56.5% vs. 26.3%, p=0.029) and less second or third line therapy was adminis- tered (17.4% vs. 50.0%, p=0.014) in elderly group. Cholangitis occurred and stent placement were performed similarly in both groups. Conclusion: Gemcitabine based chemotherapy can be administered safely to elderly pancreatic cancer patients and comparable response rate and progression free survival can be expected as young patients.

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Analysis of the self-concept in the cyberspace, self-efficacy, relationship with friends, subjective well-being and academic grade: Comparison of adolescents who are addicted to Internet to non-addicted adolescents (청소년의 사이버 자기개념,자기효능감, 친구관계, 주관적안녕감과 학업성취도: 인터넷 중독인식집단과 비중독집단의 비교)

  • Uichol Kim;Young-Shin Park;Soo-Yeon Tak;Jung-Hee Kim;Mi-Seon Oh
    • Korean Journal of Culture and Social Issue
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    • v.19 no.2
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    • pp.285-318
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    • 2013
  • The purpose of this research is to examine the self-concept in the cyberspace, self-efficacy, relationship with friends, subjective well-being and academic grade among adolescents who are addicted to Internet and those who are not addicted to Internet. A total of 1,057 adolescents (male=545, female=512), 326 from middle school, 361 from high school, and 370 from special education school, participated in the study. The results are as follows. First, qualitative analysis of the conception of self in the cyberspace indicates that those adolescents addicted to Internet reported that in the cyberspace they have fun, followed by they are the same as in real life, they spend time in cyberspace and they can become an imaginary person. Those adolescents not addicted to Internet reported that in the cyberspace they are the same as in real life, followed by they spend time in cyberspace and they can become an imaginary person. When they play Internet games, majority of adolescents in both groups reported that it is fun, followed by they become engrossed and they become aggressive. Second, those adolescents who are not addicted to Internet had higher scores on self-efficacy than those adolescents who are addicted to Internet, including self-regulatory efficacy for learning, relational efficacy, and resiliency of efficacy. Third, the number of friends and close friends that adolescents who are not addicted to Internet were not significantly different from those adolescents who are addicted to Internet. However, those adolescents who are not addicted to Internet were more likely receive social support from friends and were less likely to be social excluded than those adolescents who are addicted to Internet. Fourth, those adolescents who are not addicted to Internet had significantly higher scores on subjective well-being than those adolescents who are addicted to Internet. Fifth, those adolescents who are not addicted to Internet had significantly higher scores on both subjective and objective academic grade than those adolescents who are addicted to Internet.

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Factors influencing happiness among Korean adolescents: With specific focus on the influence of psychological, relational and financial resources and academic achievement (한국 청소년의 행복: 심리적, 관계적, 경제적 자원과 학업성취의 영향)

  • Youngshin Park;Uichol Kim
    • Korean Journal of Culture and Social Issue
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    • v.15 no.3
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    • pp.399-429
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    • 2009
  • The purpose of this research examines the factors that influence happiness among Korean adolescents by focusing on psychological resource (as measured by self-efficacy), relational resource (as measured by social support) and financial resource (as measured by family's monthly income). In addition, the influence of academic achievement on happiness is examined. To examine the influence of socio-economic status and family's monthly income, adolescents living in three different districts in Seoul (from working to middle to upper class districts) were randomly selected and interviewed in their home. A total of 190 elementary school, middle school, high school and university students (male=83, female=107) completed the resiliency of efficacy scale developed by Bandura (1995) and emotional support and happiness scale developed by the present researchers, in addition to background information. The results of the path analysis are as follows. First, the most important predictor of happiness among Korean adolescents is relational resources. In other words, emotional support received from significant others was most predictive of happiness; more than 60 times the effect of family's monthly income, three times the effect of academic achievement, and two times the effect of resiliency of efficacy. The second most important factor that predicted the happiness of Korean adolescents was psychological resource (i.e., resiliency of efficacy), which had 30 times the effect of family's monthly income. In addition resiliency of efficacy played a mediating role between emotional support on one hand and happiness on the other. Third, those respondents who had higher academic achievement reported higher levels of happiness, which had 20 times the effect of family's monthly income. Fourth, family monthly income did not predict happiness among Korean adolescents. Fifth, socio-economic status and school level did not have direct influence on happiness but had mediating influence through their influence on emotional support. In other words, those respondents with higher socio-economic status and elementary school students were more likely to receive social support from significant others, which in turn increased their happiness. These results indicate that the most important predictor of happiness among Korean adolescents is emotional support, followed by resiliency of effic acy and academic achievement, indicating that those adolescents from wealthy families are not necessarily happier.

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Intergenerational analysis of family values among Korean mothers: With specific focus on values of children, socialization attitudes, and support of elderly parents (한국 세대별 어머니 집단의 가족관련 가치의식 비교: 자녀가치와 양육태도 및 부모부양을 중심으로)

  • Uichol Kim;Young-Shin Park;Yong-Eun Kwon
    • Korean Journal of Culture and Social Issue
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    • v.11 no.1
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    • pp.109-142
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    • 2005
  • This paper examines the changes in family values in Korea by examining values of children, socialization values, and social support of elderly parents with young and olders mothers. A total of 314 mothers of infants (young mothers) and 395 mothers of adolescents (older mothers) completed a questionnaire compiled by Schwarz, Chakkarath, Trommsdorff, Schwenk and Nauck(2001) comprising of values of children, cultural values, socialization values, interpersonal relationship, social support, stress, and life-satisfaction. In terms of values of children, the older mothers are more likely to emphasize social values, such as continuing the family line. Young mothers are more likely to emphasize psychological values, such as the pleasure of seeing a child grow. As for reasons for net wanting to have children, young mothers are more likely to point out personal constraints than older mothers, such as restriction of freedom. Second, older mothers are more likely than young mothers to express willingness to provide support for their children and even when their children become adults. Older mothers had a more lenient expectation of their children in terms developmental timetable and to expect support from their children when compared with young mothers. Young mothers are more likely to socialize their children with greater warmth and at the same time have higher child-rearing stress when compared to older mothers. Third, when compared with older mothers, young mothers are more likely to receive practical and emotional support from their parents. On the other hand, older mothers are more likely to provide greater practical and emotional support to their parents than the young mothers. Overall, compared to young mothers, older mothers are more likely to hold traditional and conservative values of children and socialization values. These contrasting values reflect the changes in family structure and social change that have been progressing rapidly in recent years.

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The Effects of the Revised Elderly Fixed Outpatient Copayment on the Health Utilization of the Elderly (노인외래정액제 개선이 고령층의 의료이용에 미친 영향)

  • Li-hyun Kim;Gyeong-Min Lee;Woo-Ri Lee;Ki-Bong Yoo
    • Health Policy and Management
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    • v.34 no.2
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    • pp.196-210
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    • 2024
  • Background: In January 2018, revised elderly fixed outpatient copayment for the elderly were implemented. When people ages 65 years and older receive outpatient treatment at clinic-level medical institutions (clinic, dental clinic, Korean medicine clinic), with medical expenses exceeding 15,000 won but not exceeding 25,000 won, their copayment rates have decreased differentially from 30%. This study aimed to examine the changes of health utilization of elderly after revised elderly fixed outpatient copayment. Methods: We used Korea health panel data from 2016 to 2018. The time period is divided into before and after the revised elderly fixed outpatient copayment. We conducted Poisson segmented regression to estimate the changes in outpatient utilization and inpatient utilization and conducted segmented regression to estimate the changes in medical expenses. Results: Immediately after the revised policy, the number of clinic and Korean medicine outpatient visits of medical expenses under 15,000 won decreased. But the number of clinic outpatient visits in the range of 15,000 to 20,000 won and Korean medicine clinic in the range of 20,000 to 25,000 won increased. Copayment in outpatient temporarily decreased. The inpatient admission rates and total medical expenses temporarily decreased but increased again. Conclusion: We confirmed the temporary increase in outpatient utilization in the medical expense segment with reduced copayment rates. And a temporary decrease in medical expenses followed by an increase again. To reduce the burden of medical expense among elderly in the long run, efforts to establish chronic disease management policies aimed at preventing disease occurrence and deterioration in advance need to continue.

Development of a Model of Brain-based Evolutionary Scientific Teaching for Learning (뇌기반 진화적 과학 교수학습 모형의 개발)

  • Lim, Chae-Seong
    • Journal of The Korean Association For Science Education
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    • v.29 no.8
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    • pp.990-1010
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    • 2009
  • To derive brain-based evolutionary educational principles, this study examined the studies on the structural and functional characteristics of human brain, the biological evolution occurring between- and within-organism, and the evolutionary attributes embedded in science itself and individual scientist's scientific activities. On the basis of the core characteristics of human brain and the framework of universal Darwinism or universal selectionism consisted of generation-test-retention (g-t-r) processes, a Model of Brain-based Evolutionary Scientific Teaching for Learning (BEST-L) was developed. The model consists of three components, three steps, and assessment part. The three components are the affective (A), behavioral (B), and cognitive (C) components. Each component consists of three steps of Diversifying $\rightarrow$ Emulating (Executing, Estimating, Evaluating) $\rightarrow$ Furthering (ABC-DEF). The model is 'brain-based' in the aspect of consecutive incorporation of the affective component which is based on limbic system of human brain associated with emotions, the behavioral component which is associated with the occipital lobes performing visual processing, temporal lobes performing functions of language generation and understanding, and parietal lobes, which receive and process sensory information and execute motor activities of the body, and the cognitive component which is based on the prefrontal lobes involved in thinking, planning, judging, and problem solving. On the other hand, the model is 'evolutionary' in the aspect of proceeding according to the processes of the diversifying step to generate variants in each component, the emulating step to test and select useful or valuable things among the variants, and the furthering step to extend or apply the selected things. For three components of ABC, to reflect the importance of emotional factors as a starting point in scientific activity as well as the dominant role of limbic system relative to cortex of brain, the model emphasizes the DARWIN (Driving Affective Realm for Whole Intellectual Network) approach.

Research to Establish a Common Standard for Assent by Assessing the Current State of the Assent Process and Conducting Interviews with Pediatrician/Pediatric Neurologist (소아승낙 현황조사와 소아청소년과/소아신경과 전문의를 대상으로 면담조사를 통한 소아승낙서 공통기준 수립 연구)

  • Yoon Jin Lee;Sun Ju Lee;Su Jin Kang;Dae Ho Lee;Kyun-Seop Bae;Jong Woo Chung;Byung Soo Kim;Jin Seok Kim;Myung Ah Lee
    • The Journal of KAIRB
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    • v.6 no.1
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    • pp.5-16
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    • 2024
  • Purpose: The purpose of this study is to investigate the current status of pediatric assent in nationwide hospitals and to assess the children's comprehension for pediatric assent by interviewing pediatricians/pediatric neurologists to determine whether children of the age (elementary and middle school students) can understand the purpose, risks, benefits, and concepts of voluntary participation in clinical research described in the assent form, and to help improve the administrative efficiency of multicenter clinical trials. Methods: The status of pediatric assent was surveyed online using Google Forms at 141 university hospitals with administrative staff who are members of the Institutional Review Board (IRB) administrative staff subcommittee with in Korean Association of Institutional Review Boards (KAIRB). Additionally, face-to-face interviews were conducted with 7 pediatricians/pediatric neurologists. Survey and interview responses were summarized using descriptive statistics. Results: Out of the 141 institutions surveyed, 35 institutions (24.8%) responded. Among them, 30 institutions (85.7%) reported having age criteria for acquiring pediatric assent forms in the case of children. The age range for pediatric assent acquisition have been from 7 years old to 12 years old (15 institutions, 50%), and from 7 years old to 15 years old (7 institutions, 23.3%). Nine institutions (25.7%) have had criteria for obtaining both parents' consent in cases involving the participation of children. Nineteen institutions (54.3%) have had checklists or guidelines available for use by IRB members in study protocols involving vulnerable research subjects. Three pediatricians/pediatric neurologists have believed that upper-grade elementary school students (5th-6th grade) could comprehensively understand informed consent forms. Two have believed that middle school students would be able to understand them if they included personal information. Two pediatricians/pediatric neurologists have believed that even lower-grade elementary school students (1st-4th grade) could understand the explanations if they were made simpler. Conclusion: It is suggested that not only elementary school students (7-12 years old) but also middle school students (13-15 years old) should receive pediatric assent forms, as it would facilitate a comprehensive understanding of the forms. To enhance the comprehension of assent form content, it is necessary to use age-appropriate words, language, and expressions in the forms hospital. It is also recommended to create comics or videos to make the content of the assent forms more accessible for children.

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