• Journal of Korean Academy of Nursing Administration
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• v.5 no.1
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• pp.23-37
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• 1999

This study is to understand and to describe the power that a nurse experiences on nursing practice and then. to present a basic data for nurse's power-development, power improving and empowering. Ethnography was used to understand and to describe experience on exercising various powers occurred on nursing practice. and to analyze and to understand the meaning of a nurse's power. The objects was nurses. Ten nurses who have more than three year's experience were selected as objects from Cuniversity's hospital in Seoul from May of 1996 to August of 1997 through in-depth interview. participant observation, and phone interview. Instruments werw a portable recorder and field notes. I described a case appeared in a data using Agar's 'Pencil and scissors' method right after collecting materials. Then, Idescribed a theme discovered commonly. Followings are the results of the study. 1. There were three categories of relationships with main objects when nurses exercised their power on their practices: a therapeutic caring relationship with patients, a relationship of companion, vertical cooperation, and a constituent person with a doctor, and a relationship of cooperation, and a constituent person with administrative workers and medical technicians. 2. There were many types of nurse's power, tactics and various patient's responses about them. 1) Types of nurse's power to patients were giving information, controling environment, helping for cure, emotional support, and performing discretion. 2) Nurse's tatics for performing power were positive tactics neutral tactics, and negative tactics. 3) Patient's responses were appeared as compliance and noncompliance. Compliance were agreeing. taking nurse's advice, trusting, understanding, being admitted, exposuring himself, and appreciating. 3. There were types of nurse's power and performing tactics. 1) Types of power to a doctor were advice, informing, demanding and mediation. 2) Performings of tactics to a doctor were positive tactics, neutral tactics, and negative tactics. 3) Doctor's responses were appeared as accepting and unaccepting. Acceptings were taking in and appreciating, and unacceptings were denying nurse's advice and authoritative. 4. There were types of nurse's power and tactics about administrative workers and medical technicians and responses about them. 1) Types of power about administrative workers and medical technicians were suggestions and demands. 2) Power performings tactics were positive tactics.neutral tactics, and negative tactics. 3) Responses of administrative workers and medical technicians about nurse's power performing were appeared appeared as accepting and unacce pting. Acceptings were taking in, and unacceptings were denying. Therefore, it can be said that types of nurse's power and performing tactics on nursing practice and nurse's power based on responses of a patient, a doctor, an administrative worker, and a medical technicians are power or influence for agreeing, taking advice, trusting, understanding, exposuring himself, appreciating, and taking in to objects. The results of this study helped to understand nurse's power. I expect that this study will improve nure's power by using expert power, referent power, and legitimate power effectively among powers acmpanied with the origin and that nurses make ef-ort to improve professional knowledge and human nature so that they use this study as a chance to develope expert nursing practice.

• The Journal of Korean Philosophical History
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• no.42
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• pp.259-294
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• 2014

The key concept of political thoughts of Confucianism is 'Tian(天)=the Heaven' and 'Ren(人)=the Human being'. In particular, the meaning of 'the Heaven(天)' is profoundly exclusive in Confucianism in comparison to the other concepts. It is because that 'the Heaven' is connected with 'Ri(理)' which explains the human being and the heaven metaphysically, and the discussions about those concepts have also been widening to the political field. And if the concept of 'the Heaven's nature(天命)' is excluded, it is difficult for us to discuss the essence of political thought of Confucianism. This paper argued how the politicalization of 'the Heaven' which was private dimension of monarch in the strict sense, changed to the public dimension of people in Japan in the early 18th century through some theories of the two famous philosopher, Ito-Jinsai(伊藤仁齋) and Ogyu-Sorai(荻生?徠) who belonged to the 'Kogakuha(古學派)'. The doctrines of Chu-tzu(朱子學) has hold absolute authority over the history of the oriental political thoughts. But the authority have gone through the stage of disorganization in a unique space called Eto(江戶) era of Japan. Therefore, the interpretations and concept establishments in a new dimension are naturally formed in that periods about 'Min(民)=People'. Based on discussions like this, the purpose of this paper is to study how those movements are emerged in what kinds of thinking and debating process. In part of Ito-Jinsai, this paper have reconsidered the concept of 'People' which Jinsai had thought and examined closely with critical mind about 'In(仁)=Mercy'. In case of Ogyu-Sorai, this paper have argued his political theory of 'the welfare of the people in the nation(安民天下)', in clarifying with the concept of 'the Roads of the Saint(先王의 道)' and the meaning about his declaration that "the Six Scripture(六經) is things(物)". The meaning of political view of this two philosopher is in the point to suggest some kinds of cure for problems of those days with the former days values. In the Jinsai's doctrine, that cure is 'the realization of the rule of right(王道)' based on new interpretation of 'Mersy'. And in case of Sorai, that is a form of independence of politics from morality based on 'the Roads of the Saint'.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.33-66
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• 2009

Common law makes a distinction between partial breach and material breach. Attempted definitions of material breach are notoriously unsatisfactory, and the concept of partial breach does not necessarily bear an inverse relationship to substantial performance. This study will review the basic structure of common law contract remedies together with how these remedies are reflected in UCC Article 2 for sale of goods contracts. The matter is complicated because availability of remedy depends on the seriousness of the breach, and the right to cure, and (for sale of goods) these in turn depend on whether the contract is an installment contract or a single performance contract. Common law jurisdictions relegate specific performance of contracts to a last place in the hierarchy of contract remedies. Common law lawyers should recognize that this is the result of historical accident and not the product of some kind of superior intellectual effort. Not only is the attitude of civil law systems toward specific performance quite different, but for international sales contracts in developing nations, a remedy system based on the notion that substitute contracts are readily available(and therefore damage remedies are appropriate) is unrealistic. English common law courts were largely restricted to remedies in the form of monetary damages. For that reason the primary contract remedy at common law has never been specific performance. Rather, common law courts have struggled to develop an appropriate measure of monetary damages for breach of contract. Today, specific performance is viewed as an equitable remedy rather than common law. In the United States the dual court system has been abolished by a merger of law and equity courts into a single court structure. However some historical distinction linger on. The most important is that jury trials are generally not available in actions that seek equitable relief. If a plaintiff seeks in personam relief, such as specific performance of a contract, the action will be viewed as equitable and there will be no entitlement to a jury. Further, equitable relief will be granted only in those situations where the plaintiff pleads and proves that the remedy at law is inadequate. The purpose of this study aims to analyze the remedy system of breach of contract of U.K. and U.S. in the international commercial transactions with criterion of commercial rationality.

• Journal of Legislation Research
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• no.53
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• pp.491-524
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• 2017

Under the general maritime law, a life salvor has no claim against the person saved, and a pure life salvor has no right to compensation from the owner of the ship or its cargo. This harsh rule, which treats the salvor of life less generously than the salvor of property, has been modified by international conventions, statutes, so that life salvors may expect a reward in most cases. It is, especially, unreasonable that a prerequisite of a salvage award is that at least some of the property must be saved, because life of a person can not be compared to values of goods such as vessels and cargoes. Also it is not understandable that only pure life salvors can not expect a reward for the saving of life from the owners of the property. In the meantime, according to Article 39 of the Korean Maritime Search and Rescue Act (hereunder, KMSARA), any person who has gave assistance and rescued in accordance with a governmental officer's order may get a compensation for their time and labour. The above mentioned compensation which is stemmed from the KMSARA may play a role as a compliment for the lack of enough compensation to a life salvor. This means that even though a life salvor failed to save property, he may expect a minimum compensation from the KMSARA. However, it should be recognized that when a life salvor is entitled to both remuneration for the salvage of life and recourse of expenditures from the KMSARA, the total remuneration shall be paid only if and to the extent that such remuneration is greater than any reward recoverable by the salvor under the Korean Commercial Code and the KMSARA.

• The Journal of Korean Philosophical History
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• no.28
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• pp.417-445
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• 2010

There are a few changes about Wangshouren's main tenet during the process of giving lectures. because of the reason that Wangshouren give lectures changed to different disciples, so every student had his different opinion and comprehension do Wangshouren's learning, which is the main reason that Wangshouren's disciples had occurred a difference. In the thinking field of later-Ming, there had occurred a furious argument surrounding the problem of "the Heart is no Goodness and Badness or not", and how to cure the harm of the Xinxue also had become a key issue to the two sides of argument. The donglin school that Guxiancheng was its delegates made a contest with the Xinxue's scholars that Zhourudeng and Guanzhidao were that delegates, which evolved surrounding that issue that "the nature is Good" and "the Heart no Goodness and Badness". In these arguments, the two sides often persist on their own opinions, but hadn't a right understanding for Wangshouren's original meaning. Liujishan and Huanglizhou thought that the meaning of the words "the Heart no Goodness and Badness" was that the Heart have no the intention of Goodness and Badness, not that the Nature was no Goodness and no Badness. So that the opinion of "the Heart no Goodness and Badness" was not the main idea of Wangshouren. Wangji hadn't got the whole meaning of the Four Sentences. Liujishan and Huanglizhou wanted to make a new explaination to Wangshouren's ideas according to literatures and theory.

• Korean Journal of Fisheries and Aquatic Sciences
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• v.32 no.6
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• pp.706-712
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• 1999

PSD (particle size distribution) for 2,000 mg/$\ell$ natural loess in seawater showed normal distribution cure at 0 minute settling time, accompanying with very large particle distribution range with its mean particle diameter of 31.6 $\mu$m and coencient of variance of $72.6\%$, With elapsed time it showed that the PSD was rapidly changed from normal distribution cure to abnormal distribution curve, steepened the right-hand side of it and its coefficient of variance was getting increased because of rapid settling of large size particles, Cumulative weight distribution showed that 2,000 mg/$\ell$ natural loess in seawater was almost $100\%$ constituted of particles bigger than 20 $\mu$m in diameter. Ratio of $V_s/(D_{bm})^{1/2}$ for loess particles in seawater was increased with increase of particle size in geometrical progression. Almost all loess particles in seawater had Stokes settling velocity not less than 2,255 times of Brownian diffusion coefficient, There was almost to EDL (about 0.4 nm) around natural loess particles in seawater, Thus, there was always LVDW attractive force between loess particles approaching each other in seawater, and almost no EDL repulsive force. Loess particles were not always in the condition of easy floe formation. Concentration of natural loess in seawater increasing from 400 mg/$\ell$ to 10,000 mg/$\ell$, characteristics of the settling was changed from Type I settling (discrete settling) to Type II settling (flocculation settling). PVD (particle volume distribution) showed that natural loess particles in seawater were largely constituted of two types of particles, such as rapidly settling particles and suspended and dispersed particles for a long time. Amount of the latter was much less than that of the former.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.459-488
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• 2004

General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

• Journal of the Institute of Electronics Engineers of Korea TE
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• v.39 no.2
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• pp.34-43
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• 2002

In this paper, with the reference of the pulse wave acquired by the pulse-checking device, it is measured the impedance on the key measuring points of the 12 kyungmaks of the human body's left and right by using 24-channels Yangdorak machine. Then, based on the Fuzzy theory, this study diagnosed the each meridian's strength and weakness. After that, both the strengthening and weakening stimulus of magnetic fields are applied to the dominant direction to find out how the degree of strength and weakness of the meridian changed. Ultimately, the magnetic therapy that can stimulate the magnetic field at the time of diagnosis and thereby balancing the interactive of five-system(O-hang) have been materialized. For the stimulation of magnetic fields, a stimulating device which can change the direction and time on a specific part of the key measuring points of the limbs of 24 kyungmaks have been developed and used. The therapeutic methods are as follows. First, the strength and weakness of the meridian have been determined. Second, both the extremely weak meridian of Yin(Shade) and Yang(Shine), and the extremely strong meridian of Yin and Yang were adjusted by applying appropriate ascending and descending stimuli respectively. All these adjusting processes can now be carried out automatically on a personal computer(PC). 

• Journal of Physiology & Pathology in Korean Medicine
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• v.18 no.3
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• pp.646-669
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• 2004

By treating skin diseases with Hyungsang medicine and reviewing the clinical cases of them through classifying skin diseases into general care and into Hyungsang medical care, the writer came to the conclusion as followings. The skin is a house of Kyungnak, and it' s a place which Ki comes in and out, which human body controls conditions of his physiological function and which doctors can make a diagnosis from seeing it. The skin is subject to lung and large intestine in the point of organ, but in the point of movement, to spleen and stomach. Skin diseases come from unbalance of Ki and Hyul, mostly from fever in blood and also from Dam, Wind, Dampness and Dryness because of including fire. Generally skin diseases are treated according to classifying into distinctive symptoms, region, cause or time being occurred, and concomitant symptoms. After being divided into man and woman, age and youth, fatness and leanness, Jung Ki Shin Hyul type, visceral figures, Yukkyung shapes on Hyungsang medicine method, the remedy of skin diseases which is combined common meditation with Hyungsang medical method is efficacious. In distinguishing into man and woman, age and youth, man gets sick mainly by drinking liquor and exhausting Jung, woman is taken ill generally by indigestion and Damwha, especially by drinking liquor. Young child gets ill mostly from inherent weakness, but in many cases he is occurred by disturbed digestion, so he must be taken care of ingesting food. The aged becomes ill from weakening, so he must be treated according to reasons of diseases. To fatness and leanness, skin diseases are showed symptoms by weakened Yang, insufficient Yin or excess fever on the theory of upper and lower parts, by unbalance of Ki and Hyul on the theory of left and right, by Dryness and Dampness on the theory of front and rear and by insufficiency of vitality and combined fever on the theory of inside and outside. Therefore doctors must cure the symptoms according to the theory of upper and lower, left and right, front and rear and inside and outside. In type of Jung Ki Shin Hyul, the balances between Jung-Hyul and Shin-Ki are important points. Concretely Jung type comes to easily shortage of Jung or gathering abnormally Dampness and Dam, Ki type is easy to make a mass with Ki or to be deficient of Ki, Shin type comes to press seven emotions togather or to be insufficient of Yin and fever inside, and Hyul type is inclined to be deficient of Hyul and to become feverish or to be deficient of Ki. Therefore on the ground of the above reasons skin diseases come into existence. Inclusively in Jung-Hyul type , Ki must be moved on the base of full Jung-Hyul, so Wukmijiwhangtang or Samultang is prescribed basically. In Shin-Ki type , Jung-Hyul is saved on the base of moving Ki, so Hyangsosan or Yijintang is the proper prescription. Considering the visceral figures, doctors judge for diagnosis and remedy by putting together the elements, that is, great and small sizes of a set of features (eye, ear, mouth, nose), color and temper. The yukkyung types are classified according to many or few of Ki-Hyul, and then skin diseases appear by being inclined toward one side between Ki and hyul, or among the six atmospheric elements(wind, cold, heat, dampness, dryness, and fire). Especially because Yangmyung type is full of much Ki and Hyul, and also has much fever in stomach, he gets skin symptoms frequently. So his prescription is based on taking off fever in stomach, and also he must be careful about regimen certainly.

• The Journal of Korean Medicine
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• v.17 no.2 s.32
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• pp.100-116
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• 1996

Gastric cancer shows the most high friquency in cancers that occurs in Korea. The western medicine treatment for gastric cancer has radiation and surgery, chemical treatment. While, oriental medicine cures the gastric cancer by herb-drugs, acupunture , moxa and srigma. With just one way of treating gastric cancer can't be effective remedy. Because each medicine has a strength and weakness. Thus, it is effective treatment when two medicine combins and supplement each other. We got the following result about a trend of oriental and westernal combination treatment for gastric cancer through studing records. 1. The western medicine treats gastric cancer patient with surgery first and right after surgery. They need on assembly treatent such as chemical and immune treatment. In oriental medicine, they treats gastric cancer patients with differentiation of symptone and signs and treatment(辨證施治)[for example:incoordination between liver and stomach(肝胃不和), insufficiency of spleen and stomach(脾胃虛弱), stagnation of blood stasis and toxic agent(瘀毒內阻), deficiency of yin by stomach heat(胃熱傷陰), reinforcing both qi and blood(氣血雙虧), stagnation of damp-phlegm(痰濕凝結)] and cure for them by acupuncture and stigma, too. 2. In combination with oriental and western medical treatment principle of gastric cancer by each stage is as follows. First stage and second stage gastric cancer is cured with radical surgery mainly. After operation, the herb of invigoration of the spleen(健脾), coordination of the stomach(和胃), and smoothing the liver and regurating the circulation of qi(疏肝理氣), is used for good gastroenteric condition. The second stage patients can be concidered using in combination with chimical treatment. The third stage gastric cancer is treated with radical surgery or with temporizing surgery. After those surgery, herb-drugs treatment is used jointly. The fourth stage patients who have no extensively metastasis or local contraindication can undergo temporizing and curcuit surgical operation. Herb-drugs and chemical treatments are used together for patients after operating. If he has operating contraindication, he would be treated with herb-drugs and chemical treatment. 3. In case of using in combination with oriental and western medical treatment as follows. As for herb-drugs with chemical treatment, reinforcing both qi and blood(補益氣血), invigorate the spleen and the stomach(健脾和胃), reinforcing liver and kidney(滋補脾腎), clear out the heat and relieve the toxic agent(淸熱解毒), can be used and with radiation treatment, clear out the heat and relieve the toxic agent(淸熱解毒), promoting the production body fluid and moisturizing the vicera(生津潤燥), reinforcing both qi and blood(補益氣血), invigorate the spleen and the stomach (健脾和胃), reinforcing liver and kidney(滋補肝腎) etc, can be used. 4. According to the research of oriental and western medical combination treatment are the 5-year-survival degree with oriental and western medicine combination treatment was for better than that just with oriental or western medical treatment. Especially, it has good effect on the third, fourth stage gastric cancer. That is, the middle and the end of stage gastric cancer. 5. The merits of oriental and western medicine combination treatment are lengthers one's life and diminish the bad effect of chemical treatment and radiation treatment be near completion, prevent from relapsing, maintain the balance in their eveirenment of body and improve immunity.