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The Fiduciary Duties of Doctor in Clinical Trials (임상시험에서 의사의 선량한 관리자의 주의의무)

  • Lee, Jiyoun
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.163-207
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    • 2020
  • Korea has been positioned as the leading country in the industry of clinical trials as the clinical trail of Korea has developed for the recent 10 years. Clinical trial has plays a significant role in the development of medicine and the increase of curability. However, it has inevitable risk as the purpose of the clinical trial is to prove the safety and effectiveness of new drugs. Therefore, the clinical trial should be controlled properly to protect the health of the subjects of clinical trial and to ensure that they exercise a right of self-determination. In this context, the fiduciary duties of doctors who conduct clinical trials is especially important. The Pharmaceutical Affairs Act and the relevant regulations define several duties of doctors who conduct clinical trials. In particular, the duty to protection of subjects and the duty to provide information constitute the main fiduciary duties to the subjects. Those are essentially similar to the fiduciary duties of doctors in usual treatment from the perspective of the values promoted by the law and the content of the law. Nonetheless, clinical trials put more emphasis on the duties to provide explanation than in usual treatment. Further research and study are required to establish the concrete standard for the duty of care. However, if the blind pursuit of higher standards for the duty of care or to pass the burden of proof to doctors may result in disrupting the development of clinical trials, limiting the accessibility of patients to new treatment and even violating the principle of sharing damage equally and properly. In addition to these duties, the laws of clinical trials define several duties of doctors. Any decision on whether the violation of the law constitutes the violation of the fiduciary duty and justifies the demand for compensation of damages should be based on whether relevant law aims to protect the safety and benefit of subjects, even if in an incidental way, the degree to which such violation breaches the values promoted by the law and the concrete of violation of benefit of law, the detailed acts of such violation. The legal interests of the subjects can be protected effectively by guaranteeing compliance with those duties and establishing judicial and administrative controls to ensure that the benefit of subjects are protected properly in individual cases.

Development of the Teaching-Learning Process Plan for Process-Based Assessment in Home Economics of Middle School: Focusing on the Life Design Unit (과정 중심 평가를 위한 중학교 가정과 교수·학습과정안 개발: 생애설계 단원을 중심으로)

  • Ko, Eun Mi;Heo, Young Sun;Chae, Jung Hyun
    • Journal of Korean Home Economics Education Association
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    • v.33 no.1
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    • pp.101-127
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    • 2021
  • The purpose of this study is to design and develop a teaching-learning process plan for process-based assessment, focusing on the unit related to life design in middle school home economics(HE: Home Economics part of 「Technology and Home Economics」), to propose a feedback plan after implementing it, and to evaluate the plan through participatory observation and interviews. The student reflection journals, teacher's class journals, participatory observation journals, interviews, and performance tasks, were collected and analyzed to provide foundational date to be utilized for feedback to students, and class improvement. The research results are as follows: First, the developed teaching-learning process plan consists of a total of 8 sessions, i.e. 2 sessions for each of the four learning themes, under the practical question of "What should I do to live the life I want?" The portfolio was composed of five evaluation topics and for evaluation, oral presentation, observational evaluation, self-assessment, and peer evaluation were considered. Second, during the class, feedback from teachers, feedback from fellow students, feedback through results, and a plan to record them were provided. Third, from the analysis of collected data including observation journals and interviews, it was apparent that the students recognized the necessity of process-based assessment after the class, and students acknowledged that through the process-based evaluation in which they are evaluated on the efforts they made and provided with feedbacks, they participated more in class, and it lead them to experience a sense of growth and a feeling that they took a step forward into their future. Teachers suggested that the class through feedback was suitable for the unit and the capacity of the class, but the difficulty they experienced in giving feedback was presented as a disadvantage. For the process-based assessment, follow-up research is needed on various ways to provide feedback on-line and off-line through changes in the perception of assessment.

A Study on the aesthetic of Calligraphy by Seok Jeon Hwang Wook (석전(石田) 황욱(黃旭)의 서예미학(書藝美學) 고찰)

  • Kim, Doyoung
    • The Journal of the Convergence on Culture Technology
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    • v.8 no.2
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    • pp.227-234
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    • 2022
  • Seok Jeon Hwang Wook (18913~1999), a descendant of a traditional literary writer in the western part of Honam, did not join the flow of modern and contemporary calligraphy and painting. And throughout his life, he enjoyed himself without losing the appearance of a scholar, immersed himself in traditional calligraphy, and gained spotlight at his late age for his original hand grabbing calligraphy. Immediately after the Korean War, all of his property was lost due to his two sons' left-wing activities, causing great pain at home. Even in the most painful and difficult time in human history, he relied on brushes, poetry, and gayageum to keep his upright scholarly spirit and national love. And beyond the pleasures of the worldly senses, he played with self-satisfaction in the 'true pleasure(大樂)' without greed. In the course of his studies, he focused on honing the fonts of Wang Hui-ji, Gu Yang-sun, An Jin-gyeong, Jo Maeng-bu, and Xin-wi and Lee Sam-man without a special teacher. In particular, he faced a crisis of having to give up his brush due to tremor that came after his 60th birthday, but he showed a strong will. He transformed it into a new style of art, such as developing hand grabbing calligraphy(握筆法) with a strong and strong energy that no one could match. From 1965 to 1983, 'right hand grabbing calligraphy' was used, and from 1984 to 1993, 'left hand grabbing calligraphy' was used. She made her name as a calligrapher widely known in 1973 (age 76) with her first solo exhibition, The Calligraphy Exhibition commemorating her 60th wedding anniversary. His writing method is naturally rough and sloppy by breaking away from the previous calligraphy methods and artificial technique, and is unfamiliar yet full of muscle. And the calm, strong and rough chuhoegsa(錐劃沙) and the heavy yet majestic ininni(印印泥) individual handwriting expressed a strange feeling and achieved original Seokjeon calligraphy that went beyond the existing calligraphy writing methods, and his indomitable calligraphy spirit was As a unique existence in the history of calligraphy, he still remains as a model.

Development of Correction Formulas for KMA AAOS Soil Moisture Observation Data (기상청 농업기상관측망 토양수분 관측자료 보정식 개발)

  • Choi, Sung-Won;Park, Juhan;Kang, Minseok;Kim, Jongho;Sohn, Seungwon;Cho, Sungsik;Chun, Hyenchung;Jung, Ki-Yuol
    • Korean Journal of Agricultural and Forest Meteorology
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    • v.24 no.1
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    • pp.13-34
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    • 2022
  • Soil moisture data have been collected at 11 agrometeorological stations operated by The Korea Meteorological Administration (KMA). This study aimed to verify the accuracy of soil moisture data of KMA and develop a correction formula to be applied to improve their quality. The soil of the observation field was sampled to analyze its physical properties that affect soil water content. Soil texture was classified to be sandy loam and loamy sand at most sites. The bulk density of the soil samples was about 1.5 g/cm3 on average. The content of silt and clay was also closely related to bulk density and water holding capacity. The EnviroSCAN model, which was used as a reference sensor, was calibrated using the self-manufactured "reference soil moisture observation system". Comparison between the calibrated reference sensor and the field sensor of KMA was conducted at least three times at each of the 11 sites. Overall, the trend of fluctuations over time in the measured values of the two sensors appeared similar. Still, there were sites where the latter had relatively lower soil moisture values than the former. A linear correction formula was derived for each site and depth using the range and average of the observed data for the given period. This correction formula resulted in an improvement in agreement between sensor values at the Suwon site. In addition, the detailed approach was developed to estimate the correction value for the period in which a correction formula was not calculated. In summary, the correction of soil moisture data at a regular time interval, e.g., twice a year, would be recommended for all observation sites to improve the quality of soil moisture observation data.

A Study on the Cooperation between Medical Care and Law - Focusing on the discussion of the role of clinical practice guideline in Japan - (의료와 사법(司法)의 협력 -일본에서의 진료가이드라인의 역할에 대한 논의를 중심으로-)

  • Song, young-min
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.39-65
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    • 2022
  • There are two aspects of clinical practice guidelines that act as non-legal control before medical practice and as legal control standards after medical practice. The essential purpose of clinical practice guidelines is the former, but the latter action cannot be excluded. The clinical practice guidelines are a means of linking law and medical care. The negative perception of clinical practice guidelines that medical professionals' autonomy can be violated by the enactment of clinical practice guidelines is an excessive negative evaluation of clinical practice guidelines. Rather, judicial judgment based on clinical practice guidelines plays a role in respecting the autonomy of medical professionals. In other words, the clinical practice guidelines suppress legal regulations on medical care as much as possible and are based on doctors' professional ethics and self-discipline, and patient awareness and cooperation. In order to establish an ideal relationship of cooperation between doctors and patients, 'medical ethics' must be incorporated as a legal means. Clinical practice guidelines are the most appropriate means for incorporating such medical ethics into legal procedures. The lawyer solves the case with a legal syllogism that establishes a norm and applies facts to it to conclude. For the resolution of medical disputes, Clinical practice guidelines are used to establish norms that doctors should perform for specific diseases, and conclusions are drawn by applying the established norms to specific medical practices. When it is not easy to apply the established norms to specific medical practices, medical judgments by experts, such as emotions, expert testimony, and explanations by expert members, are used. As such, the Law respects the autonomy of medical care even in the establishment of norms and the application of norms. In particular, Clinical practice guidelines prepared independently by the medical community are referred to in establishing norms, which are the prerequisites for legal syllogism. This shows that doctors participate in the formation of precedents and contribute to the formation of norms. The use of clinical practice guidelines in trials is respect and consideration for the autonomy of medical care. Although there may be an aspect in which the autonomy of individual doctors is limited by clinical practice guidelines, it should be considered that the autonomy of doctors as a group is respected. In this way, the clinical practice guidelines play a role in protecting the autonomy of the "medical" group from the logic of the "law."

The Diaspora Narrative and Aesthetics in Handol's Tarae (한돌 타래의 디아스포라 서사와 미학)

  • Shin, Sa-Bin
    • Journal of Popular Narrative
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    • v.26 no.3
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    • pp.189-219
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    • 2020
  • This study is an analysis of Handol Heung-Gun Lee's Tarae, which is a coinage combining the Korean words for "playing an instrument" and "song", in terms of narrative and aesthetics. The components for analysis are the phenomena and nature of binary oppositions between nature and human beings, between alienation and interest, between division and unification, and between diaspora and people of the national community. Tarae in the period from the late 1970s to the early 1990s described the experience of pain and loss from non-resistance and disobedience in protest against social problems that emerged during the era of miliary dictatorship, such as industrialization, urbanization, reckless development, Westernization, university-oriented education, the gap between rich and poor, human alienation, and the conflicts arising from the division of the nation. After Handol overcame the lack of creative motivation with self-reflection and effort, Tarae took the form of a diaspora epic meta-narratives integrating the "sound of nature and his true nature" and "the awareness of diaspora and the spirit of the Korean people". The epics of the homeland, the national soil and the people, which began with "Teo", became more intense in terms of a sense of diaspora as they shifted their focus from an origin to a path with "Hanmoejulghi" as the turning point. Handol seeks inspiration in the source of narrative rather than in music. His Tarae focuses on "adding rhythm for lyrics". For this reason, the semiotic features of Tarae have a limitation in that its extrinsic phonology is simple even if its intrinsic meaning (i.e., emotion of sadness) is profound and subtle. In order to elicit sympathy from the audience and impress them, it is necessary to strike a balance between the implicit (semantic) part and the explicit (phonological) part. To share the emotion of sadness with more people, it is necessary to strengthen phonological elements. Sympathy for sadness and deep impression on the audience are more often induced by the mood of similar sentiments than by the stories of the same experience. The aesthetics of sadness in Tarae began with the narratives of past experience which were expressed in the contexts of loss, loneliness, and poverty that Handol had experienced since childhood. However, the aesthetics of sadness, deepened over the period of a long hiatus in Handol's career as a composer, formed the narratives of ultimate salvation, embodying even the diaspora experience of others (e.g., displaced people, overseas adoptees, ethnic Koreans in Russia, victims of Japanese military sexual slavery, etc.). This gave Tarae the potential to go beyond the limits of the ethnic group of Korea. Tarae, as a "dispersed sound", can benefit from the appeal of deep sadness at the point of contact with other forms of world music. It may form a global diaspora discourse because Tarae is oriented towards interculturalism rather than anti-multiculturalism. The future challenge and goal of Handol's Tarae would be to continue to find areas of sympathy and broaden the horizon of awareness as diaspora music.

Effects of Out-of-school STEAM Programs Based on Social-Emotional Learning (사회정서학습 기반의 학교 밖 STEAM 프로그램의 효과)

  • Lee, Hyunjoo;Lee, Soo-Yong;Jung, Jaeeun;Lee, Saebyoul;Choi, Eunhye;Kwak, E-Rang;Kim, Younghwa;Chang, Hyewon
    • Journal of Korean Elementary Science Education
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    • v.41 no.4
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    • pp.740-753
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    • 2022
  • This study was conducted to develop and apply an out-of-school STEAM program model based on Social-Emotional Learning (SEL) for underprivileged students in the lower grades. To this end, a STEAM program based on SEL was developed, with the following characteristics. First, by integrating traditional STEAM learning elements and SEL elements, a structured program was designed with consistent stages, including mindfulness meditation→present an authentic situation→creative design→emotional experiences→reflection. Second, the program was structured so that elementary school students could develop mathematical thinking and scientific inquiry skills in problem-solving situations in daily life. Third, the detailed themes for each STEAM program involved storytelling-based problem situations, as well as activities centered on play and sympathy to reflect the educational needs of underprivileged students. From these characteristics, a total of five programs were developed and applied to 16 teachers and 354 lower-grade elementary school students in 16 community children centers nationwide. The results were as follows. First, while students' satisfaction with the STEAM program was 4.16, there were no significant differences in STEAM satisfaction according to gender. Second, while all students' interest and self-efficacy, which was one of sub factors of STEAM attitude, were significantly improved, no significant difference was seen in STEAM attitudes according to gender. Third, although students' SEL competencies were not significantly improved, relationship skills, which were among the sub factors of SEL competencies, were significantly improved, and there were no significant differences in SEL competencies according to gender. From these results, a discussion on the effect of the out-of-school STEAM program for underprivileged students and directions for follow-up studies was suggested.

Development and evaluation of a nutrition education program for housewives to reduce sodium intake: application of the social cognitive theory and a transtheoretical model (주부대상 나트륨 섭취 줄이기 영양교육 프로그램 개발 및 효과 평가: 사회인지론과 행동변화단계모델 적용)

  • Ahn, Sohyun;Kwon, Jong-Sook;Kim, Kyungmin;Kim, Hye-Kyeong
    • Journal of Nutrition and Health
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    • v.55 no.1
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    • pp.174-187
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    • 2022
  • Purpose: This study was performed to evaluate an education program for housewives to reduce sodium intake based on the social cognitive theory. Methods: Housewives (n = 387) received 2 education sessions focused on food purchase and cooking, and completed a questionnaire on their perceptions of environmental, cognitive, and behavioral factors and the stages of behavioral change to reducing sodium intake both before and after the education program. Results: After the education program, the recognition of social efforts for sodium reduction and sodium labeling and experience with low-sodium products increased. Positive expectancies for the prevention of osteoporosis by the reduction of sodium were enhanced while the main barriers in practicing sodium reduction decreased, especially 'interrupting social relationships when dining with others', 'bad taste', 'preference for soup or stew', and 'limited knowledge and skills to practice'. In addition, cognition and nutrition knowledge related to reducing sodium intake were improved on all scores, but the effect on self-efficacy and dietary behavior was limited to only a few items. The percentage of participants in the pre-action stage (including pre-contemplation, contemplation, and preparation stages) for reducing sodium intake decreased from 43.2% before education to 21.5% after education, while that in the action stage increased from 19.6% before education to 43.5% after education (p < 0.001). The education program had the most significant impact on participants who were in the pre-action stage and showed improved scores in all sections. Conclusion: These results suggest that a customized education program for housewives could be an effective tool to reduce sodium intake by improving personal expectancies, cognition, and nutrition knowledge regarding sodium reduction and enabling a greater section of the population to move to the action stage of reducing sodium intake.

An Analysis of Cultural Hegemony and Placeness Changes in the Area of Songhyeon-dong, Seoul (서울 송현동 일대의 문화 헤게모니와 장소성 변화 분석)

  • Choe, Ji-Young;Zoh, Kyung-Jin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.50 no.1
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    • pp.33-52
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    • 2022
  • The History and Culture Park and the Lee Kun-hee Donation Hall will be built in Songhyeon-dong, Seoul. Political games from the Joseon Dynasty to the present greatly influenced the historicity of Songhyeon-dong. However, place analysis was limited to changes in landowners and land uses rather than a historical context. Therefore, this study analyzed the context in which the placeness of Songhyeon-dong changed according to the emergence of cultural hegemony using the perspective of modern cultural geography and comparative history. As a result of the analysis, cultural hegemony in historical transitions, such as Sinocentrism, maritime expansion, civil revolutions, imperialism, nationalism, popular art, and neoliberalism, was found to have created new intellectuals in Bukchon, including Songhyeon-dong, and influenced social systems and spatial policies. In this social relations, the placeness of Songhyeon-dong changed as follows. First, the founding forces of Joseon created pine forests as Bibo Forests to invocate the permanence of the dynasty. In the late Joseon dynasty, it was an era of maritime expansion, and as Joseon's yeonhaeng increased, a garden for the Gyeonghwasejok, who enjoyed the culture of the Qing dynasty, was built. Although pine forests and gardens disappeared due to the development of housing complexes as the population soared during the Japanese colonial era, Cha Gyeong's landscape aesthetics, which harmonized artificial gardens and external nature, are worth reinterpreting in modern times. Second, the wave of modernization created a new school in Bukchon and a boarding house in Songhyeon-dong owned by a pro-Japanese faction. Angukdongcheon-gil, next to Songhyeon-dong, was where thinkers who promoted civil revolution and national self-determination exchanged ideas. Songhyeon-dong, the largest boarding house, served as a residence for students to participate in the March 1st Movement and was the cradle of the resulting culture of student movements. The appearance of the old road is preserved, so it is a significant part of the regeneration of walking in the historic city center, connecting Gwanghwamun-Bukchon-Insadong -Donhwamunro. Third, from the cultural rule of the Government General of Joseon to the Military Government, Songhyeon-dong acted as a passage to western culture with the Joseon Siksan Bank's cultural housing and staff accommodations at the U.S. Embassy. Ancient and contemporary art coexisted in the surrounding area, so the modern and contemporary art market was formed. The Lee Kun-hee Donation Hall is expected to form a cultural belt for citizens with the gallery, Bukchon Hanok Village, the Craft Museum, and the Modern Museum of Art. Discourses and challenges are needed to recreate the place in harmony with the forests, gardens, the street of citizens' birth, history and culture park, the art museum, and the surrounding walking network.

Development and Assessment of a Non-face-to-face Obesity-Management Program During the Pandemic (팬데믹 시기 비대면 비만관리 프로그램의 개발 및 평가)

  • Park, Eun Jin;Hwang, Tae-Yoon;Lee, Jung Jeung;Kim, Keonyeop
    • Journal of agricultural medicine and community health
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    • v.47 no.3
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    • pp.166-180
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    • 2022
  • Objective: This study evaluated the effects of a non-face-to-face obesity management program, implemented during the pandemic. Methods: The non-face-to-face obesity management program used the Intervention mapping protocol (IMP). The program was put into effect over the course of eight weeks, from September 14 to November 13, 2020 in 48 overweight and obese adults, who applied to participate through the Daegu Citizen Health Support Center. Results: IMP was first a needs assessment was conducted; second, goal setting for behavior change was established; third, evidence-based selection of arbitration method and performance strategy was performed; fourth, program design and validation; fifth, the program was run; and sixth, the results were evaluated. The average weight after participation in the program was reduced by 1.2kg, average WC decreased by 3cm, and average BMI decreased by 0.8kg/m2 (p<0.05). The results of the health behavior survey showed a positive improvement in lifestyle factors, including average daily intake calories, fruit intake, and time spent in walking exercise before and after participation in the program. A statistically significant difference was seen (p<0.05). The satisfaction level for program process evaluation was high, at 4.57±0.63 point. Conclusion: The non-face-to-face obesity management program was useful for obesity management for adults in communities, as it enables individual counseling by experts and active participation through self-body measurement and recording without restriction by time and place. However, the program had some restrictions on participation that may relate to the age of the subject, such as skill and comfort in using a mobile app.