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A hybrid algorithm for the synthesis of computer-generated holograms

  • Nguyen The Anh;An Jun Won;Choe Jae Gwang;Kim Nam
    • Proceedings of the Optical Society of Korea Conference
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    • 2003.07a
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    • pp.60-61
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    • 2003
  • A new approach to reduce the computation time of genetic algorithm (GA) for making binary phase holograms is described. Synthesized holograms having diffraction efficiency of 75.8% and uniformity of 5.8% are proven in computer simulation and experimentally demonstrated. Recently, computer-generated holograms (CGHs) having high diffraction efficiency and flexibility of design have been widely developed in many applications such as optical information processing, optical computing, optical interconnection, etc. Among proposed optimization methods, GA has become popular due to its capability of reaching nearly global. However, there exits a drawback to consider when we use the genetic algorithm. It is the large amount of computation time to construct desired holograms. One of the major reasons that the GA' s operation may be time intensive results from the expense of computing the cost function that must Fourier transform the parameters encoded on the hologram into the fitness value. In trying to remedy this drawback, Artificial Neural Network (ANN) has been put forward, allowing CGHs to be created easily and quickly (1), but the quality of reconstructed images is not high enough to use in applications of high preciseness. For that, we are in attempt to find a new approach of combiningthe good properties and performance of both the GA and ANN to make CGHs of high diffraction efficiency in a short time. The optimization of CGH using the genetic algorithm is merely a process of iteration, including selection, crossover, and mutation operators [2]. It is worth noting that the evaluation of the cost function with the aim of selecting better holograms plays an important role in the implementation of the GA. However, this evaluation process wastes much time for Fourier transforming the encoded parameters on the hologram into the value to be solved. Depending on the speed of computer, this process can even last up to ten minutes. It will be more effective if instead of merely generating random holograms in the initial process, a set of approximately desired holograms is employed. By doing so, the initial population will contain less trial holograms equivalent to the reduction of the computation time of GA's. Accordingly, a hybrid algorithm that utilizes a trained neural network to initiate the GA's procedure is proposed. Consequently, the initial population contains less random holograms and is compensated by approximately desired holograms. Figure 1 is the flowchart of the hybrid algorithm in comparison with the classical GA. The procedure of synthesizing a hologram on computer is divided into two steps. First the simulation of holograms based on ANN method [1] to acquire approximately desired holograms is carried. With a teaching data set of 9 characters obtained from the classical GA, the number of layer is 3, the number of hidden node is 100, learning rate is 0.3, and momentum is 0.5, the artificial neural network trained enables us to attain the approximately desired holograms, which are fairly good agreement with what we suggested in the theory. The second step, effect of several parameters on the operation of the hybrid algorithm is investigated. In principle, the operation of the hybrid algorithm and GA are the same except the modification of the initial step. Hence, the verified results in Ref [2] of the parameters such as the probability of crossover and mutation, the tournament size, and the crossover block size are remained unchanged, beside of the reduced population size. The reconstructed image of 76.4% diffraction efficiency and 5.4% uniformity is achieved when the population size is 30, the iteration number is 2000, the probability of crossover is 0.75, and the probability of mutation is 0.001. A comparison between the hybrid algorithm and GA in term of diffraction efficiency and computation time is also evaluated as shown in Fig. 2. With a 66.7% reduction in computation time and a 2% increase in diffraction efficiency compared to the GA method, the hybrid algorithm demonstrates its efficient performance. In the optical experiment, the phase holograms were displayed on a programmable phase modulator (model XGA). Figures 3 are pictures of diffracted patterns of the letter "0" from the holograms generated using the hybrid algorithm. Diffraction efficiency of 75.8% and uniformity of 5.8% are measured. We see that the simulation and experiment results are fairly good agreement with each other. In this paper, Genetic Algorithm and Neural Network have been successfully combined in designing CGHs. This method gives a significant reduction in computation time compared to the GA method while still allowing holograms of high diffraction efficiency and uniformity to be achieved. This work was supported by No.mOl-2001-000-00324-0 (2002)) from the Korea Science & Engineering Foundation.

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A Study on Improvement of Collaborative Filtering Based on Implicit User Feedback Using RFM Multidimensional Analysis (RFM 다차원 분석 기법을 활용한 암시적 사용자 피드백 기반 협업 필터링 개선 연구)

  • Lee, Jae-Seong;Kim, Jaeyoung;Kang, Byeongwook
    • Journal of Intelligence and Information Systems
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    • v.25 no.1
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    • pp.139-161
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    • 2019
  • The utilization of the e-commerce market has become a common life style in today. It has become important part to know where and how to make reasonable purchases of good quality products for customers. This change in purchase psychology tends to make it difficult for customers to make purchasing decisions in vast amounts of information. In this case, the recommendation system has the effect of reducing the cost of information retrieval and improving the satisfaction by analyzing the purchasing behavior of the customer. Amazon and Netflix are considered to be the well-known examples of sales marketing using the recommendation system. In the case of Amazon, 60% of the recommendation is made by purchasing goods, and 35% of the sales increase was achieved. Netflix, on the other hand, found that 75% of movie recommendations were made using services. This personalization technique is considered to be one of the key strategies for one-to-one marketing that can be useful in online markets where salespeople do not exist. Recommendation techniques that are mainly used in recommendation systems today include collaborative filtering and content-based filtering. Furthermore, hybrid techniques and association rules that use these techniques in combination are also being used in various fields. Of these, collaborative filtering recommendation techniques are the most popular today. Collaborative filtering is a method of recommending products preferred by neighbors who have similar preferences or purchasing behavior, based on the assumption that users who have exhibited similar tendencies in purchasing or evaluating products in the past will have a similar tendency to other products. However, most of the existed systems are recommended only within the same category of products such as books and movies. This is because the recommendation system estimates the purchase satisfaction about new item which have never been bought yet using customer's purchase rating points of a similar commodity based on the transaction data. In addition, there is a problem about the reliability of purchase ratings used in the recommendation system. Reliability of customer purchase ratings is causing serious problems. In particular, 'Compensatory Review' refers to the intentional manipulation of a customer purchase rating by a company intervention. In fact, Amazon has been hard-pressed for these "compassionate reviews" since 2016 and has worked hard to reduce false information and increase credibility. The survey showed that the average rating for products with 'Compensated Review' was higher than those without 'Compensation Review'. And it turns out that 'Compensatory Review' is about 12 times less likely to give the lowest rating, and about 4 times less likely to leave a critical opinion. As such, customer purchase ratings are full of various noises. This problem is directly related to the performance of recommendation systems aimed at maximizing profits by attracting highly satisfied customers in most e-commerce transactions. In this study, we propose the possibility of using new indicators that can objectively substitute existing customer 's purchase ratings by using RFM multi-dimensional analysis technique to solve a series of problems. RFM multi-dimensional analysis technique is the most widely used analytical method in customer relationship management marketing(CRM), and is a data analysis method for selecting customers who are likely to purchase goods. As a result of verifying the actual purchase history data using the relevant index, the accuracy was as high as about 55%. This is a result of recommending a total of 4,386 different types of products that have never been bought before, thus the verification result means relatively high accuracy and utilization value. And this study suggests the possibility of general recommendation system that can be applied to various offline product data. If additional data is acquired in the future, the accuracy of the proposed recommendation system can be improved.

North Korean folk Operas and Musical Politics of Selection - Focused on National Operas Prior to Revolutionary Operas (북한 초기 고전 각색 가극과 선별의 음악 정치 - 혁명가극 이전 민족 가극을 중심으로)

  • Chung, Myung-Mun
    • (The) Research of the performance art and culture
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    • no.39
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    • pp.69-96
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    • 2019
  • North Korea has conserved operas in a selective manner. The subject matters of operas recorded in the history of North Korea can be divided into classical tales, translated foreign works, Korean War and war against Japan. Operas that adapted folk classics of the 1950s are considered valuable materials to verify the changes of genres posterior to division of regime between North and South Korea. The officially confirmed works include "Kumgangsan Palseonnyeo (Gyeonwoo Jiknyeo)," "Chunhyangjeon." "Kongjwi Patjwi (Kotsin)," "Ondal," and "Geumnaneui Dal." These works had gone through recreation in terms of realistic situation setting, abolition of class difference, adjustment of social rank and punishment of evil while the base lies in the original folk classics. People emphasized in adapted folk operas are described as those who are hard-working souls without giving importance of difference of social rank, content with the currently living space, devoted to their parents and full of patriotic spirit, and members of community who participate in organized fights against unfair exploitation. This was the fruit of encouragement of work creation supporting union between labor and individual life, destruction of old things and fight promoting this destruction. Folk operas of South and North Korea posterior to Korean War have similarities in that both deal with a love story transcending social ranks and the concomitant conflicts and they focus on the audience who enjoy the operas. Nonetheless, they are different in that this love in North Korea became a tool of educating people wished by the regime, while it became an object of securing the audience by adding the tragic element to love in South Korea. North Korean operas of the initial stage are characterized by playwriting method emphasizing difficult life and compensation of common people, realistic stage expression, accentuation of melody and agreement between notes and lyrics. This was efforts designed to continuously lead senses concentrated from the theater to everyday life of people. In effect, this is in line with the playwriting method of revolutionary operas. Adapted folk operas were subject matters ideal for easily approaching the audience and leaving them good memories at the same time. To realize socialist realism, they went through an experiment of reviewing "people" through the classic folk operas. The possibility of continuation of a work was determined by thorough evaluation after carrying out an experiment in terms of subject matters, theme, music and operation plans from the moment of which the work was on the stage. The sign consisted in the possibility of visit of "Kim Il-sung" to appreciate the work and presentation of directionality. By proposing the clear directionality of which hard-working people who deny social status system can be duly compensated, it encouraged the audience who saw the opera to voluntarily put this in practice. Thus, operas established the directionality through selective processes for creating public communion even before revolutionary operas.

The Interpretation of a Korean Folk Tale from the Perspective of Analytical Psychology (민담 <외쪽이>의 분석심리학적 해석)

  • Ji Youn Kim
    • Sim-seong Yeon-gu
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    • v.32 no.2
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    • pp.122-168
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    • 2017
  • I tried to understand a folk tale "The half-boy" in terms of analytical psychology. In the story, a lady without children prayed to the Buddha. The white old man came and gave three fishes, but the cat ate half of it. So, she ate two and a half. She gave birth to two perfect sons. The third son had one arm, one leg, and one eye. They grew well. Brothers went to take the civil service examinations, and the half-boy followed. But two brothers did not like the half-boy coming along. So, brothers tied the half-boy to the rocks and trees, and he picked them up with force and gave them down to the yard of the house. And the half-boy followed his brothers again, and brothers tied him with kudzu and put him in front of the tiger. The half-boy won the tiger by betting with cutting kudzu. The half-boy stripped off the tiger's skin. The host coveted the tiger skin and they played with janggi. The half-boy won the game and was permitted to take host's daughter. The half-boy went with a string, a drum, a flea, and a bedbug. He teased host's people with these. The half-boy brought a virgin and lived well. "The Half-Boy" folktale is an old story spread throughout the country. There are similar stories in India and Africa. Unilateral figures are universally distributed archetypal images. In numerous cultures gods and spirits are being portrayed as unilateral figures. In the creation mythology, half-figure beings have immortality. In Indonesian and African folk tales, the half-born boy goes to heaven and merges with its half and becomes perfect. Some of one-sided spirits are harmful to humans but some of one-sided birds, chickens, and spirits are helpful to people. Sometimes half being is a cultural hero who steals grain from heaven or gets some advice how to use bamboo. There are stories that half body becomes a whole body afterwards. But in this folktale and most of the similar folktales, half-figure does not change and maintains half-figure to the end. And as a half-figure he does various great things and marries a virgin. The half-boy symbolizes a psychic experience born in the unconscious. The unconscious contents may seem strange and weird at first and the collective consciousness does not want to accept them. But the unconscious exerts greater power and brings vitality and creativity to consciousness. This folk tale seems to have compensated for the stubborn collective consciousness of our society, which was a Confucian class society. It also allows people to change their attitude toward disabled people and recognize strengths and creativity of the handicapped.

Analytical Studies on Yield and Yield Components in Barley (대맥의 수량 및 수량구성요소에 관한 해석적 연구)

  • Chung-Yun Park
    • KOREAN JOURNAL OF CROP SCIENCE
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    • v.18
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    • pp.88-123
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    • 1975
  • To obtain useful fundamental informations for improving cultural practices of barley, an investigation was made on the influences of different fertilizer level and seeding rate as well as seeding date on yield and yield components and their balancing procedure using barley variety Suwon # 18, and at the same time, 8 varieties including Suwon # 18 were also tested to clarify the varietal responses in terms of their yield and yield components under different seeding date at Crop Experiment Station, Suwon, during the period of 1969 and 1970. The results obtained were summarized as follows; 1. Days to emergence of barley variety Suwon # 18 at Suwon, took 8 to 19 days in accordance with given different seeding date (from Sept. 21 to Oct. 31). Earlier emergence was observed by early seeding and most of the seeds were emerged at 15$0^{\circ}C$ cumulated soil temperature at 5cm depth from surface under the favorable condition. 2. Degree of cold injury in different seeding date was seemed to be affected by the growth rate of seedlings and climatic condition during the wintering period. Over growth and number of leaves less than 5 to 6 on the main stem before wintering were brought in severe cold damage during the wintering period. 3. Even though the number of leaves on the main stem were variable from 11 to 16 depending upon the seeding date. this differences were occurred before wintering and less variation was observed after wintering. Particularly, differences of the number of main stem leaves from September 21 to October 11 seeding date were occurred due to the differences of number of main stem leaves before wintering. 4. Dry matter accumulation before wintering was high in early seeded plot and gradually decreased in accordance with delayed seeding date and less different in dry matter weight was observed after wintering. However, the increment rate of this dry matter was high from regrowth to heading time and became low during the ripening period. 5. Number of tillers per $\m^2$ was higher in early seeding than late one and dense planting was higher in the number of tillers than sparse planting. Number of tillers per plant was lower in number and variation in dense planting, and reverse tendency was observed in sparse planting. By increasing seedling rate in early seeding date the number of tiller per plant was remarkably decreased, but the seeding rate didn't affect the individual tillering capacity in the late seeding date. 6. Seedlings were from early planting reached maximum tillering stage earlier than those from the late planting and no remarkable changes was observed due to increased seeding rate. However. increased seeding rate tends to make it earlier the maximum tillering stage early. 7. Stage of maximum tillering was coincided with stage of 4-5 main stem leaves regardless the seeding date. 8. Number of heads per $\m^2$ was increased with increased seeding rate but considerable year variation in number of heads was observed by increased fertilizer level. Therefore, it was clear that there is no difficulties in increasing number of heads per $\m^2$ through increasing both fertilizer level and seeding rate. This type of tendency was more remarkable at optimum seeding time. In the other hand, seeding at optimum time is more important than increasing seeding rate, but increasing seeding rate was more effective in late seeding for obtaining desirable number of heads per $\m^2$. 9. Number of heads per $\m^2$ was decreased generally in all varieties tested in late seeding, but the degree of decrease by late seeding was lower in Suwon # 18. Yuegi, Hangmi and Buheung compared with Suwon # 4, Suwon # 6, Chilbo and Yungwolyukak. 10. Highly significant positive correlations were obtained between number of head and tillers per $\m^2$ from heading date in September 21 seeding, from before-wintering in October 1 seeding and in all growth period from October 11 to October 31 seeding. However, relatively low correlation coefficient was estimated between number of heads and tillers counted around late March to early April in any seeding date. 11. Valid tiller ratio varied from 33% to 76% and highest yield was obtained when valid tiller ratio was about 50%. Therefore, variation of valid tiller ratio was greater due to seeding date differences than due to seeding rate. Early seeding decreased the valid tiller ratio and gradually increased by delaying seeding date but decreased by increasing seeding rate. Among the varieties tested Suwon # 18, Hangmi, Yuegi as well as Buheung should be high valid tiller ratio not only in late seeding but also in early seeding. In contrast to this phenomena, Chilbo, Suwon # 4, Suwon # 6 and Yungwolyukak expressed low valid tiller ratio in general, and also exhibited the same tendency in late seeding date. 12. Number of grains per spike was increased by increasing fertilizer level and decreased by increasing seeding rate. Among the seeding date tested. October 21 (1969) and October 11 (1970) showed lowest number of grains per spike which was increased in both early seeding and late seeding date. There were no definite tendencies observed along with seeding date differences in respective varieties tested. 13. Variation of 1000 grain weight due to fertilizer level applied, seeding date and seeding rate was not so high as number of grains per spike and number of heads per $\m^2$, but exhibited high year variation. Increased seeding rate decreased the 1000 grain weight. Among the varieties tested Chilbo and Buheung expressed heavy grain weight, while Suwon # 18, Hangmi and Yuegi showed comparatively light grain weight. 14. Optimum seeding date in Suwon area was around October 1 to October 11. Yield was generally increased by increasing fertilizer level. Yield decrease due to early seeding was compensated in certain extent by increased fertilizer application. 15. Yield variations due to seeding rate differences were almost negligible compare to the variations due to fertilizer level and seeding date. In either early seeding or law fertilizer level yield variation due to seeding rate was not so remarkable. Increment of fertilizer application was more effective for yield increase especially at increased seeding rate. And also increased seeding rate fairly compensated the decrease of yield in late seeding date. 16. Optimum seeding rate was considered to be around 18-26 liters per 10a at N-P-K=10.5-6-6 kg/10a fertilizer level considering yield stabilization. 17. Varietal differences in optimum seeding date was quite remarkable Suwon # 6, Suwon # 4. Buheung noted high yield at early seeding and Suwon # 18, Yuegi and Hangmi yielded higher in seeding date of October 10. However, Buheung showed late seeding adaptability. 18. Highly significant positive correlations were observed between yield and yield components in all treatments. However, this correlation coefficient was increased positively by increased fertilizer level and decreased by increased seeding rate. Significant negative correlation coefficients were estimated between yield and number of grains per spike, since increased number of heads per m2 at the same level of fertilizer tends to decrease the number of grains per spike. Comparatively low correlation coefficients were estimated between 1000 grain weight and yield. 19. No significant relations in terms of correlation coefficients was observed between number of heads per $\m^2$ and 1000 grain weight or number of grains per head.

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The comparison of predicted adult height change and height gain after gonadotropin-releasing hormone agonist and combined growth hormone treatment in girls with idiopathic central precocious puberty (진성 성조숙증으로 진단 받은 여아에서 gonadotropin-releasing hormone agonist 단독치료 및 growth hormone의 병합치료 시 예측 성인키의 변화 및 성장 획득의 비교)

  • Seo, Ji-Young;Yoon, In-Suk;Shin, Choong-Ho;Yang, Sei-Won
    • Clinical and Experimental Pediatrics
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    • v.49 no.3
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    • pp.305-311
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    • 2006
  • Purpose : GnRH analogues(GnRHa) are used to treat central precocious puberty(CPP). However, in some patients, the GV decrease is so remarkable that it impairs predicted adult height(PAH); and there fore, the addition of growth hormone(GH) is suggested. We analysed the growth changes during two years and final adult height(FAH) in girls with idiopathic CPP treated with combined therapy, compared with those of girls treated with GnRHa alone. Methods : For the analysis, we classified the patients, who was treated for longer than two years, into three groups depending on the initial PAH and combination of GH; PAH_L, treated with GnRHa and PAH less than midparental height(MPH) - 5 cm. PAH_H, treated with GnRHa and PAH greater than MPH - 5 cm. GnRHa+GH, combined GH treatment, regardless of PAH before treatment. We analysed the GV and PAH change during the first two years and FAH. Results : In PAH_L, the PAH(SDS) at first year of therapy was significantly increased to $153.5{\pm}6.5cm(-1.4{\pm}1.3)$ from $149.7{\pm}6.4cm(-2.1{\pm}1.3)$ before treatment(P=0.004). In PAH_H, there was no significant increase in PAH during the two years of treatment. During the first year of combination of GH and GnRHa, GV and PAH increased significantly. We observed significant increases in FAH, comparing to the initial PAH in the PAH_L and GnRHa+GH groups. The height gains(FAH - initial PAH) were significantly higher in the PAH_L and GnRHa+GH groups than that in the PAH_H group. Conclusion : This study suggests the FAH and height gains are improved in patients, whose predicted adult height before treatment was shorter than those with higher predicted adult height, with the treatment of GnRHa alone or in combination with GH. GH could not improve the final adult height, but compensated the growth in patients whose growth velocity was decelerated by GnRHa alone.

『황제내경소문(黃帝內經素問)·칠편대론(七篇大論)』 왕빙 주본(注本)을 통(通)한 운기학설(運氣學說) 관(關)한 연구(硏究)

  • Kim, Gi-Uk;Park, Hyeon-Guk
    • The Journal of Dong Guk Oriental Medicine
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    • v.4
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    • pp.109-140
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    • 1995
  • As we considered in the main subjects, investigations on the theory of 'Doctrine on five elements' motion and six kinds of natural factors(運氣學說)' through 'Wang Bing's Commentary(王氷 注本)' of 'The seven great chapters in The Yellow Emperor's Internal Classic Su Wen' ("黃帝內經素問 七篇大論") are as follows. (1) In The seven great chapters("七篇大論")' Wang Bing supplement theory and in the academic aspects as a interpreter, judging from 'forget(亡)' character. expressed in the 'The missing chapters("素問遺篇")', 'Bonbyung-ron("本病論")' and 'Jabeob-ron(刺法論)', 'The seven great chapters("七篇大論")' must be supplementary work by Wang Bing. Besides, he quoted such forty books as medical books, taoist books, confucianist books, miscellaneous books, etc in the commentary and the contents quoted in the 'Su Wen(素問)' and 'Ling Shu("靈樞")' scripture nearly occupy in the book. As a method of interpreting scripiure as scripture, he edited the order of 'Internal Classic("內經")' ascended from the ancient time and when he compensated for commentary, with exhaustive scholarly mind and by observing the natural phenomena practically and writing the pathology and the methods of treatment. We knew that the book is combined with the study of 'Doctrine on five elements motion and six kinds of natural factors(運氣學說)' (2) When we compare, analyze the similar phrase of 'The seven great chapters in The Yellow Emperor's Internal Classic Su Wen'("黃帝內經素問ㆍ七篇大論") through 'Wang Bing's Commentary(王氷 注本)', he tells abouts organized 'five elements(五行)' and 'heaven's regularly movement(天道運行)' rather than 'Emyangengsangdae-ron("陰陽應象大論")' in 'The seven great chapters("七篇大論")'. Also the 'Ohanunhangdae-ron("五運行大論")' because the repeated sentences with 'Emyangengsangdae-ron("陰陽應象大論")' is long they are omitted. And in the 'Youkmijidae-ron("六微旨大論")', 'Cheonjin ideology(天眞四象)' based on the 'Sanggocheonjin- ron("上古天眞論")', 'Sagijosindae-ron("四氣調神大論")' is written and in the 'Gigoupyondae-ron("氣交變大論")', the syndrome and symptom are explained in detail rather than 'Janggibeobsi-ron("藏氣法時論")', 'Okgijinjang-ron ("玉機眞藏論")' and in the 'Osangieongdae-ron("五常政大論")', the concept of 'five element(五行)' of the 'Gemgwejineon-ron("金櫃眞言論")' is expanded to 'the five elements' motion concept(五運槪念)' and in the 'Youkwonjeonggidae-ron("六元正紀大論")', explanations of 'The five elements' motion and six kinds of natural factors(運氣)' function are mentioned mainly and instead systematic pathology is not revealed rather than 'Emyangengsangdae-ron("陰陽應象大論")'. And in the 'Jijinyodae-ron("至眞要大論")', explanations of the change of atmosphere which correspond to treatment principle by 'The three Yin and Yang(三陰三陽)' as a progressed concepts are revealed. Therefore there are much similarity between the phrase of 'Emyangengsangdae-ron("陰陽應象大論")' and 'chapters of addition(補缺之篇)'. Generally, the doctrine which 'The seven great chapters("七篇大論")' are added by Wang Bing(王氷) is supported because there are more profound concepts rather than the other chapter in 'The seven great chapters("七篇大論")'. (3) When we study Wang Bing's(王氷) 'Pattern on five elements motion and six kinds of natural factors(運氣格局)' in 'The seven great chapter("七篇大論")', in the 'Cheonwongi-dae-ron("天元紀大論")', With 'Cheonjin ideology(天眞思想)' and the concepts of 'Owang(旺)'${\cdot}$'Sang(相)'${\cdot}$'Sa(死)'${\cdot}$'Su(囚)'${\cdot}$'Hu(休)' and 'Cheonbu(天符)'${\cdot}$'Sehwoi(歲會)' are measured time-spacially to the concept of 'Three Sum(三合)' the concept of 'Taeulcheonbu(太乙天符)' is explained. In the 'Ounhangdae-ron("五運行大論")', 'The calender Signs five Sum(天干五合)' is compared to the concepts of 'couples(夫婦)', 'weak-strong(柔强)' and in the 'Youkmijidae-ron("六微旨大論")', 'the relationship of obedience and disobedience(順逆關係)' which conform to the 'energy status(氣位)' change and 'monarch-minister(君相)' position is mentioned. In the 'Gikyobyeondae-ron("氣交變大論")', the concept of 'Sang-duk(相得)', 'Pyungsang(平常)' is emphasized but concrete measurement is mentioned. In the 'Osangieongdae-ron("五常政大論")', the detailed explanation with twenty three 'systemic of the five elements' motion(五運體系)' form and 'rountine-contrary treatment(正治. 反治)' with 'chill-fever-warm-cold(寒${\cdot}$${\cdot}$${\cdot}$凉)' are mentioned according to the 'analyse and differentiate pathological conditions in accordance with the eight principal syndromes(八綱辨證)'. In the 'Youkwonjeonggidae-ron("六元正紀大論")', Wang Bing of doesn't mention the concepts of 'Jungwun(中運)' that is seen in the original classic. In the new corrective edition, as the concepts of 'Jungwun, Dongcheonbu, Dongsehae and Taeulcheonbu(中運, 同天符, 同歲會, 太乙天符)' is appeared, Wang Bing seems to only use the concepts of 'Daewun, Juwun, and Gaekwun(大運, 主運, 客運)'. In the 'Jijinyodaeron("至眞要大論")', Wang Bing added detailed commentary to pathology and treatment doctrine by explaining the numerous appearances of 'Sebo, sufficiency, deficiency(歲步, 有餘, 不足)' and in the relation of 'victory-defeat(勝復)', he argued clearly that it is not mechanical estimation. (4) When we observe the Wang Bing's originality on the study of 'the theory of Doctrine on five elements' motion and six kinds of natural factors(運氣學說)', he emphasized 'The idea of Jeongindogi and Health preserving(全眞導氣${\cdot}$養生思想)' by adding 'Wang Bing's Commentary(王氷 注本)' of 'The seven great chapters("七篇大論")' and explained clearly 'The theory of Doctrine on five elements' motion and six kinds of natural factors(運氣學說)' and simpled and expanded the meaning of 'man, as a microcosm, is connected with the macrocosm(天人相應)' and with 'Atmosphere theory(大氣論)' also explained the meaning of 'rising and falling mechanism(升降氣機)'. In the sentence of 'By examining the pathology, take care of your health(審察病機 無失氣宜)'. he explained the meaning of pathology of 'heart-kidney-water-fire(心腎水火)' and suggested the doctrine and management of prescription. In the estimation and treatment, by suggesting 'asthenia and sthenia(虛實)' two method's estimation, 'contrary treatment(反治)' and treatment principals of 'falling heart fire tonifyng kidney water(降心火益腎水)', 'two class of chill and fever(寒熱二綱)' were demonstrated. There are 'inside and outside in the illness and so inner and outer in the treatment(病有中外 治有表囊)'. This sentence suggests concertedly. 'two class of superfies and interior(表囊二綱)' conforming to the position of disease. Therefore Wang Bing as an excellent theorist and introduced 'Cheoniin ideology(天眞思想)' as a clinician and realized the medical science. With these accomplishes mainly written in 'The theory of Doctrine on five elements' motion and six kinds of natural factors(運氣學說)' of 'The seven great chapters("七篇大論")', he interpreted the ancient medical scriptures and expanded the meaning of scriptures and conclusively contributed to the development of the study 'Korean Oriental Medicine(韓醫學)'.

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Conclusion of Conventions on Compensation for Damage Caused by Aircraft in Flight to Third Parties (항공운항 시 제3자 피해 배상 관련 협약 채택 -그 혁신적 내용과 배경 고찰-)

  • Park, Won-Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.35-58
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    • 2009
  • A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

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A Study on the Improvement of Flexible Working Hours (탄력적 근로시간제 개선에 대한 연구)

  • Kwon, Yong-man
    • Journal of Venture Innovation
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    • v.5 no.3
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    • pp.57-70
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    • 2022
  • In modern industrial capitalism, the relationship between the provision of work and the receipt of wages has become an important principle governing society. According to the labor contract, the wages provided by entrusting the right to dispose of one's labor to the employer are directly compensated, and human life should be guaranteed and reproduced with proper rest. The establishment of labor relations under free contracts represents a problem in protecting workers, and accordingly, the maximum of working hours is set as a minimum right for workers, and the standard for minimum rest is set and assigned. The reduction of working hours is very important in terms of the quality of life of workers, but it is also an important issue in efficient corporate activities. As of 2020, Korea has 1,908 hours of annual working hours, the third lowest among OECD 37 countries in the happiness index surveyed by the Sustainable Development Solution Network(SDSN), an agency under the United Nations. Accordingly, the necessity of reducing working hours has been recognized, and the maximum working hours per week has been limited to 52 hours since 2018. In this situation, various working hours are legally excluded as a way to maintain the company's value-added creation and meet the diverse needs of workers, and Korea's Labor Standards Act restricts flexible working hours within three months, flexible working hours exceeding three months, selective working hours, and extended working hours. However, in the discussion on the application of the revised flexible working hours system in 2021 and the expansion of the settlement unit period recently discussed, there is a problem with the flexible working hours system, which needs to be improved. Therefore, this paper aims to examine the problems of the flexible working hours system and improvement measures. The flexible working hours system is a system that does not violate working hours even if the legal working hours are exceeded on a specific day or week according to a predetermined standard, and does not have to pay additional wages for excessive overtime work. It is mainly useful as a form of shift work in manufacturing, sales service, continuous business or electricity, gas, water, and transportation for long-term operations. It is also used as a way to shorten working hours, such as expanding holidays through short working days. However, if the settlement unit period is expanded, it is disadvantageous to workers as the additional wages that workers can receive will not be received. Therefore, First, in order to expand the settlement unit period currently under discussion, additional wages should be paid for the period expanded from the current standard. Second, it is necessary to improve the application of the flexible working hours system to individual workers to have sufficient consultation with individual workers in a written agreement with the worker representative, Third, clarify the allowable time for extended work during the settlement unit period, and Fourth, limit the daily working hours or apply to continuous rest. In addition, since the written agreement of the worker representative is an important issue in the application of the flexible working hours system, it is necessary to secure the representation of the worker representative.

Liability of the Compensation for Damage Caused by the International Passenger's Carrier by Air in Montreal Convention (몬트리올조약에 있어 국제항공여객운송인의 손해배상책임)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.9-39
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    • 2003
  • The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

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