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

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

A Style Study for Reissued Gongsin-Gyoseo in Joseon Dynasty (조선시대 재발급(再發給) 공신교서(功臣敎書) 양식 연구)

  • Sim, Young-hwan;Lee, Jin-hee
    • Korean Journal of Heritage: History & Science
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    • v.47 no.2
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    • pp.4-19
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    • 2014
  • In Joseon dynasty, Gongsin-Gyoseo(Royal Edicts rewarding meritorious vassals) was issued for the reward of the contribution to the specific event of the nation. The family decided as vassals succeeded this Gongsin-Gyoseo as the family treasure to later generations. When one happened to lose this caused by an unavoidable situation such as war in this process, there were a few cases of reissuing of Gongsin-gyoseo by the nation. The confirmative reissued Gongsin-gyoseo among Gongsin-gyoseo that descended down by now are three pieces which is Park dongnyang Hoseong Gongsin-Gyoseo, Gu goeng Jeongsa Gongsin-Gyoseo, and Park jung Jeongsa Gongsin-Gyoseo. This research considered the form and mounting about these three pieces. It was indicated that the reissued Gongsin-Gyoseo was produced following the same form with the original Gongsin-Gyoseo, that is pyeongchul(moving to next lines) and daedu (writing one or two letters ahead compared to the first letter) and so on. But, it was indicated that the change of the position of the vassals in the reissued time was reflected compared to position of the original Gongsin-Gyoseo. In case of Jeonsa Gongsin-Gyoseo, it was indicated that it was 'Wonjongdaewang-whi' since the original Gongsin-Gyoseo was 'Jeongwongun-bu' and the reissued time he became the father of King Injo. Also, it was confirmed that the case of deprivation because of conspiracy such as 'Kim jajeom, Kim ryeon, Sim kiwon, Sim kisung' was produced as the original document and deleted with black ink stick. It was newly confirmed while the original Gongsin-Gyoseo was produced by a designated writer from the nation, the reissuance was written by a writer from the family of the vassals. Since the mounting of Gongsin-Gyoseo could be changed according to the favor and technique of the craftsman participated in the practical production such as Baezeopjang and economical situation of the country supplying the material, the mounting of these three Gongsin-Gyoseo should be different from the original mounting, especially because of the loss of the original by the Manchu war of 1636. The comparison result of Gongsin-Gyoseo produced in the same period with the original issued one in the record of the related Uigwe (a collection of documents from the Joseon Dynasty), the reissued one seems to be larger in the form or ratio of the mounting compared to the first issued one. First of all, the width of Byunah was expanded as twice bigger, center and both side Hoejang also was bigger as over 2cm, and the below Hoejang was expanded as 10cm, and the ratio of the upper Hoejang and the below Hoejang was wider as 1.5 times and the reissuance was 1:1 ratio. The bisect of upper shaft in Park dongnyang Hoseong Gongsin-Gyoseo is assumed as the form of an equilateral triangle, not a half-moon shape of the present, and Gu goeng and Park jung Jeongsa Gongsin-Gyoseo will be the form whose bisection form is same but the size is smaller. Chuksu is confirmed that the size is not changed significantly. Osaekdahoe can be assumed that the width was smaller compared to the first issued one. The 3 pieces of the reissued versions provide the clue of the verification for the form of the mounting of Bosa Gongsin-Gyoseo in the same production period. In the situation that the mounting of the production time was not confirmed among the currently descended Bosa Gongsin-Gyoseo, they can be very important materials.

Studies on Nutrio-physiology of Low Productive Rice Plants (수도저위생산력(水稻低位生産力)의 원인구명(原因究明)에 관(關)한 영양생리적연구(營養生理的硏究))

  • Park, Jun-Kyu
    • Applied Biological Chemistry
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    • v.17 no.1
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    • pp.1-30
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    • 1974
  • Present study was undertaken to elucidate the relationship between uptake of nutrients and photosynthetic activities, and the translocation of several mineral nutrients in rice plants which were grown under different cultural conditions, utilizing radioactive tracer technique. Particular emphasis was placed on the analysis of patterns of nutrient uptake, the relationship between nutritional conditions and yield components. For this, rice plants grown on either low or high yielding fields at different growth stage were subjected to this study. The results are summarized as follows; 1. Varietal difference was observed in the uptake of potassium and phosphorus. Kusabue and Jinheung had good capacity but Paldal had rather poor capacity for the uptake of the both nutrients. 2. For rice plants, a high positive correlation was found between the oxidation of alpha plaus-naphthylamine by root and uptake of phosphorus. 3. Carbon assimilation rate repended on rice varieties. It was high in Noindo, Gutaenajuok #3 Suweon #82 and Jinheung but low in Taegujo, Kwanok, Yugu #132 etc. 4. Heavy application of nitrogen increased carbon assimilation in rice plants but this also depressed translocation of certain carbohydrates to ears. 5. Carbon assimilation wan greatly hampered in rice plants deficient in magnesium, phosphorus or potassium. 6. Total dry matter after ear formation stage, was much higher in rice plants grown in high yielding fields than those grown in low yielding fields. 7. Leaf area index(LAI) reached maximum at heading stage and decreased thereafter in high yielding fields. But in low yielding fields, it reached maximum before heading and sharply decreased thereafter due to early senescence of lower leaves. 8. In general, light transmission ratio (LTR) of leaves was higher in the early growth stage and lower in later stages. Higher ratio of LTR to leaf area index, was found in the rice grown in high yielding fields than those in low yielding fields. 9. Net photosynthetic activity decreased with the increase in leaf area index but was higher in high yielding fields than in low yielding fields. 10. After the ear formation stage, nitrogen, potassium and silicon as weil as $K_2O/N$ in straw were higher in high yielding fields than those in low yielding fields. 11. Nitrogen, phosphorus, potassium and magnesium taken up by rice plants in low yielding fields before heading stage were readily translocated to ears than those in high yielding fields. This suggests greater redistribution of nutrients in straw occurs due to lower uptake, in later growth stages, by rice plants grown in low yielding fields and hence results in early senescence due to nutrient deprivation. 12. In the high yielding fields nitrogen uptake by rice was slow but continuous throughout the life of the plants resulting in a large uptake even after heading. But, in low yielding fields the uptake was fast before heading and slow after heading. 13. A high positive correlation was found between the contents of nitrogen and potassium in the straw at heading stage and grain yield. Positive correlation was also found to hold between the contents of potassium, silicon, $K_2O/N$, $SiO_2/N$ in the straw at harvesting stage, and grain yield. 14. Carbon assimilation was greately hampered in rice plants deficient in magensium, phosphorus or potassium. 15. Uptake of nitrogen, phosphorus, potassium, silicon and manganese by rice was considerably higher in high yielding fields and reached maximum at ear formation stage. 16. In rice, a high positive correlation was discovered between total uptake of nitrogen, phosphorus, potassium, calcium, magnesium, silicon, manganese at harvesting stage and grain yield. 17. In rice, a high positive correlation was found between the total uptake of nitrogen, phosphorus, potassium, calcium, magnesium, silicon at harvesting stage, and number of spikelets per $3.3\;m^2$. In addition, a correlation was found between the total uptake of nitrogen and potassium and number of panicles per hill.

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Air Pollution and Its Effects on E.N.T. Field (대기오염과 이비인후과)

  • 박인용
    • Proceedings of the KOR-BRONCHOESO Conference
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    • 1972.03a
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    • pp.6-7
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    • 1972
  • The air pollutants can be classified into the irritant gas and the asphixation gas, and the irritant gas is closely related to the otorhinolaryngological diseases. The common irritant gases are nitrogen oxides, sulfur oxides, hydrogen carbon compounds, and the potent and irritating PAN (peroxy acyl nitrate) which is secondarily liberated from photosynthesis. Those gases adhers to the mucous membrane to result in ulceration and secondary infection due to their potent oxidizing power. 1. Sulfur dioxide gas Sulfur dioxide gas has the typical characteristics of the air pollutants. Because of its high solubility it gets easily absorbed in the respiratory tract, when the symptoms and signs by irritation become manifested initially and later the resistance in the respiratory tract brings central about pulmonary edema and respiratory paralysis of origin. Chronic exposure to the gas leads to rhinitis, pharyngitis, laryngitis, and olfactory or gustatory disturbances. 2. Carbon monoxide Toxicity of carbon monoxide is due to its deprivation of the oxygen carrying capacity of the hemoglobin. The degree of the carbon monoxide intoxication varies according to its concentration and the duration of inhalation. It starts with headache, vertigo, nausea, vomiting and tinnitus, which can progress to respiratory difficulty, muscular laxity, syncope, and coma leading to death. 3. Nitrogen dioxide Nitrogen dioxide causes respiratory disturbances by formation of methemoglobin. In acute poisoning, it can cause pulmonary congestion, pulmonary edema, bronchitis, and pneumonia due to its strong irritation on the eyes and the nose. In chronic poisoning, it causes chronic pulmonary fibrosis and pulmonary edema. 4. Ozone It has offending irritating odor, and causes dryness of na sopharyngolaryngeal mucosa, headache and depressed pulmonary function which may eventually lead to pulmonary congestion or edema. 5. Smog The most outstanding incident of the smog occurred in London from December 5 through 8, 1952, because of which the mortality of the respiratory diseases increased fourfold. The smog was thought to be due to the smoke produced by incomplete combustion and its byproduct the sulfur oxides, and the dust was thought to play the secondary role. In new sense, hazardous is the photochemical smog which is produced by combination of light energy and the hydrocarbons and oxidant in the air. The Yonsei University Institute for Environmental :pollution Research launched a project to determine the relationship between the pollution and the medical, ophthalmological and rhinopharyngological disorders. The students (469) of the "S" Technical School in the most heavily polluted area in Pusan (Uham Dong district) were compared with those (345) of "K" High School in the less polluted area. The investigated group had those with subjective symptoms twice as much as the control group, 22.6% (106) in investigated group and 11.3% (39) in the control group. Among those symptomatic students of the investigated group. There were 29 with respiratory symptoms (29%), 22 with eye symptoms (21%), 50 with stuffy nose and rhinorrhea (47%), and 5 with sore thorat (5%), which revealed that more than half the students (52%) had subjective symptoms of the rhinopharyngological aspects. Physical examination revealed that the investigated group had more number of students with signs than those of the control group by 10%, 180 (38.4%) versus 99 (28.8%). Among the preceding 180 students of the investigated group, there were 8 with eye diseases (44%), 1 with respiratory disease (0.6%), 97 with rhinitis (54%), and 74 with pharyngotonsillitis (41%) which means that 95% of them had rharygoical diseases. The preceding data revealed that the otolaryngological diseases are conspicuously outnumbered in the heavily polluted area, and that there must be very close relationship between the air pollution and the otolaryngological diseases, and the anti-pollution measure is urgently needed.

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