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A Study on Modeling Index Literatures and Index Techniques for Establishing DB of Korean Acupuncture, Moxibustion and Surgical Techniques (한국 침구외과 지표기술 및 지표문헌 DB 구축을 위한 범위 설정과 모델링 연구 - 침구기법과 외과적 수기법을 중심으로 -)

  • Cha, Wung-Seok;Kim, Min-Seon;Kim, Dong-Ryul;Ahn, Sang-Woo
    • The Journal of Korean Medical History
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    • v.28 no.2
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    • pp.73-85
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    • 2015
  • This paper is the result of a research conducted for "Knowledge Resource Development by Excavation and preservation and DB Establishment of Traditional Home Remedy", a part of Korean Medicine knowledge infrastructure establishment and Korean Medicine therapy development project executed by Korea Institute of Oriental Medicine. This paper is a part of the plans to standardize Korean acupuncture and moxibustion and surgical techniques in order to make new techniques derived from Korean traditional medicine patentable, as presented in the Nagoya Protocol. By first reviewing traditional text sources and classifying them into index literature and index techniques, we can see a mutual relationship between these two categories. Based on current research papers, this study has established a total of 121 pieces of index literature as well as extracted 64 types of index techniques in acupuncture and surgery technique. Both index literature and index technique have been concurrently visualized in this paper in the "Korean Acupuncture & Moxibustion Technique and Surgical Manipulation Base Map".

A Study on 'Specially Selecting Yangming' in 『Suwen·Weilun』 (『소문(素問)·위론(痿論)』의 독취양명(獨取陽明)에 대한 고찰)

  • Ahn, Jin-hee;Suh, Jun-ho
    • Journal of Korean Medical classics
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    • v.32 no.4
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    • pp.91-107
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    • 2019
  • Objectives : The purpose of this paper is to study how medical experts understood 'Specially Selecting Yangming' for clinical application. Methods : After collecting medical texts related to 'Specially Selecting Yangming', its meaning and clinical application were examined thoroughly. Results : 1. The meaning of 'Specially Selecting Yangming' was identified in different ways according to the meaning of 'Yangming.' It was perceived as Stomach, Yangming meridian, Stomach meridian of Foot Yangming, Spleen and Stomach, Intestine and Stomach by medical experts. 2. Chen Wu-ze and Liu Wan-su understood Wei disease as a form of consumption, and regarded 'Specially Selecting Yangming' as tonifying Yangming while Zhang Zi-he put emphasis on Communicating Stomach Qi(胃氣) through vomiting or purgation. Sun Yi-kui insisted on applying it as a precaution. 3. Li Dong-yuan emphasized the cause of Wei disease to be Damp-Heat in the Summer and suggested Qingshuyiqitang and Qingzaotang as remedy. 4. Zhu Zhen-heng's Purging the South and Reinforcing the North is a more fundamental way of treating Wei disease by stimulating the Water-Fire Axis. Conclusions : Through a diachronic study of 'Specially Selecting Yangming' and its remedy, most medical experts regarded 'Specially Selecting Yangming' as tonifying Yangming, but tonifying Liver and Kidney was thought to be a more fundamental treatment.

The Problems of Administrative Relief of Humidifier Disinfectiant Injuries and Its Reform (가습기살균제 피해의 행정구제의 문제점과 개선방안)

  • Park, Taehyun
    • Journal of Environmental Health Sciences
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    • v.45 no.4
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    • pp.310-320
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    • 2019
  • Objectives: The purpose of this study is to identify the causes of the retardation of administrative relief under the Special Act on Remedy for Damages Caused by Humidifier Disinfectant and to suggest the systematic refurbishment of this act for the quick and fair of relief of damages. Methods: This study was conducted through the application of the case study, literature review and systematic interpretation of law methods. Results: The disease subject to administrative relief under the Special Act is defined as health damage causally associated to a substantial degree with exposure to humidifier disinfectant. This definition is a strict requirement in light of the legislative purpose of prompt and fair relief of damages. Furthermore, the damage relief committee established under the Special Act judged causal relationships according to a rigorous standard in terms of medical certainty. This medical evidence-based judgment is a result of the committee's failure to understand the normative meaning and function of a causal relationship as an outcome of inference based on empirical rules and common sense. Conclusions: Humidifier disinfectant health damage should be defined as a health-related injury capable of occurring or deteriorating after exposure to humidifier disinfectant (HD). If the fact that a particular injury occurred or worsened after exposure to HD was found, then the damage can be presumed as being caused by HD. However, this might not be the case when the injury was considered to have occurred or been exacerbated entirely due to other factors.

An Analysis Of The Importance Of The Evaluation Criteria Of The Real Estate Financial Consumer Protection System - Utilizing The AHP Technique (부동산 금융소비자 보호 체계의 평가 기준 간 중요도 분석: AHP 기법을 활용하여)

  • Lee, Yeon-Jae;Shin, Seung-Woo
    • Asia-Pacific Journal of Business
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    • v.13 no.3
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    • pp.227-243
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    • 2022
  • Purpose - This study surveyed real estate financial consumers and financial company staff regarding the components of the financial consumer protection system to seek detailed improvement plans for the Financial Consumer Protection Act. Design/methodology/approach - The Analytic Hierarchy Process (AHP) technique is applied. Findings - Both consumers and staff highly evaluated the importance of the preventive measures in the main classification factors. Regarding the sub-classification factors of preventive measures, consumers emphasized the responsible management of investment staff and financial institutions; however, the staff stressed the principle of effectiveness and efficiency. Regarding the elements of ex-post remedies, consumers answered that fast remedy would have a significant effect. At the same time, staff believed that punitive measures hinder free trading and investment activities. Regarding the sub-sub classification factors of prevention measures, the consumers value responsible management of staff and financial companies, while the staff tend to prefer the importance of the self-regulatory governance. Research implications or Originality - Based on the above results, financial regulatory authorities should find a balance between preventive and ex-post components once focusing on preventative measures. Our paper is one of the first research findings in this field of financial consumer protection system in Korea.

A Case Study on the Warranty in Marine Insurance under the Insurance Act 2015 in the UK -The Case of Korea and China- (영국 2015년 보험법의 해상보험 담보특약 제도에 대한 연구 -한국과 중국의 판례를 중심으로-)

  • Tae-Kun Ahn;Sung-Ryong Kim;Seung-Eun Lee
    • Korea Trade Review
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    • v.45 no.3
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    • pp.133-146
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    • 2020
  • In the UK's the insurance law 2015, a remedy for breach of warranty in marine insurance was introduced. Also, if the insured proves that breach of warranty in marine insurance does not affect damages, the insurer pays the insurance money to the insured. The UK's marine insurance law has served as the governing law that has been the standard for the marine insurance industry for a long time. Korea and China were heavily influenced by the UK maritime insurance law. Therefore, this study analyzed the cases of breach of warranty in marine insurance in Korea and China. Through this, the insurer avoid the insurance contract for an accident that occurred after the breach of warranty. this result will be different under the new revised insurance law system. With the revision to The Insurance Act 2015, one of the biggest change in the insurance system is that it is possible to remedy of the violations of warranty. However, such a revision of the law requires considerable attention as it also changes the interpretation and judgment of the courts. Accordingly, a practical response of the insurance industry is required. It is necessary to prepare for possible disputes in practice.

A Study on the Utilization of Arbitration in the Change of International E-commerce (국제 전자상거래 변화에 따른 중재활용방안)

  • Eun-Bin Kim;Choong-Lyong Ha
    • Journal of Arbitration Studies
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    • v.33 no.4
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    • pp.69-87
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    • 2023
  • This study recognizes that consumers are becoming important as a subject of commerce as they change from the existing e-commerce market to the consumer-led e-commerce market, and proposes the use of consumer intervention as a remedy for consumer damage in international e-commerce disputes. In Korea, there is no separate regulation on consumer arbitration, so we will analyze the U.S. arbitration judgment, which is the most active in consumer arbitration, and examine it through the U.S. arbitration judgment so that arbitration can become active as a remedy for consumer disputes in Korea. In summary, in the event of a dispute between consumers and companies through e-commerce, consumers' preference for arbitration was confirmed through repeated collection of opinions without coercion. It is necessary to revitalize arbitration in Korea to protect consumers through arbitration rather than litigation and to resolve disputes through active alternative dispute resolution as a solution to disputes in e-commerce, which is rapidly increasing through U.S. consumer arbitration cases. The topic of the activation of arbitration has been mentioned a lot before, but the preference for arbitration is still lower than that of litigation. However, from now on, as the appearance of existing commerce has changed to consumer-led e-commerce, it has proposed a plan to use arbitration to rescue consumers from damage as consumers as buyers grow in the market.

A Study on the Freedom of the Press and the Remedy for Defamation (언론의 자유와 명예훼손 구제방법에 관한 연구)

  • Jeon, Chan-Hui;Ji, Yong-Soo
    • The Journal of the Korea Contents Association
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    • v.12 no.10
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    • pp.159-168
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    • 2012
  • Freedom of speech is indispensable in Democracy. It is a rink among government agencies. Mass media as institutionalized means which forms public opinion impacts quite a few to a society. Mass media as a life media in our daily lives has characteristics of speed and prompt report. It is difficult to measure the effect on a society. Mass media is a lifeline in democracy because it has freedom of opinion for seeing, listening, speaking, and criticizing about the people's right to know in an information society. Our Constitution also guarantees freedom of the press, information(peoples's right to know), report, the collection of news, and edition. Because an unnecessary thing about a privacy is reported by mass media, it can violate defamation. This study seeks to be unbiased in reporting and what the principles of the Constitution for minimizing an invasion of a person's privacy is. This study also seeks freedom of speech and the right to know. In case that a personal honor is invaded by a mass media and a publication, this study provides the Constitution basis, Criminal Law basis, and Civic Law basis for remedy violation. A report for apology on newspaper and by television was widely used as "a proper punishment for honor recovery in the past". The constitutional court had decided that including the report of apology for "a proper punishment of honor recovery" in the article 764 of the Civic Law as a reason of freedom of conscience and the violation of personal rights was against the Constitution. Therefore, this study examples what is a legal remedy in practical?, where is legal basis of special remedy in the Civic Law, and what is a method by the Press Arbitration Law compared with the examples of other countries. On the other hand, because a mass media may injure a person's honor and infringe a person's privacy, if the report is categorized as a malicious press, the true role which mass media has to do may not demonstrated. In conclusion, this study was to minimalize infringement of mass media to a person and to seek a realistic alternative of a legal remedy.

The survey of actual condition of Pupils' care and knowledge of dental hygiene -Centering the rural area around Booan-kun Chollabuk-do- (국민학교 학도의 구강보건 관리 및 지식에 대한 실태조사 연구)

  • Kang, Seung-Gyeung
    • Journal of Technologic Dentistry
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    • v.10 no.1
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    • pp.67-88
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    • 1988
  • The survey, which was examined analysed of the knowledge level and the actual condition of care for dental hygiene and the situation of dental remedy, surveying over 1974 pupils of eight elementary schools, especially the 4th, the 5th and the 6th school year, came to a conclusion as follows ; 1. The knowledge level of the pupils' dental hygiene was generally low but considerably high in upper school tear. 2. The rate of the boys who brushed their teeth every day was 61.8% among the boys, 68.5% among the girls. And the rate that they brushed their teeth before breakfast was yet 18.4%. 3. 45.1% of the boys and 60.4% of the gils used vertical technic using their toothbrush. 4. The rate of the boys who have ever suffered from toothache was 65.3%, that of the gils was 64.0%. And the eate of the boys who admitted to the remedy was 69.9%, that of the girls was 77.8%. 5. The rate of the boys who experienced the dental remedy was 43.0%, theat of the girls was 45.9%. In the place of the renedy, 46.4% of the boys and 45.7% of the girls cured at the Private Dental Clinic, 26.9% of the boys and 28.6% of the girls cured a Public Health Center. 6. The rate of the bous who had their teeth treated soon after dentist's advice was 34.4% that of the girls was 35.0%. 11.7% of the boys and 12.1% of the girls who would not have their teeth treated thought it was not just a serious disese. 7. 72.6% of the boys and 73.2% of the girls understood the notion of dental caries, and 96.4% of the boys and 97.3% of the girls understood the notion of the food makes a tooth decayed. 8. 54.3% of the boys and 47.5% of the girls knew the periodontal disease, and 18.3% of the boys and 17.0% of the girls knew the reason of the periodontal disease. 9. 86.0% of the boys and 86.7% of the girls recognized that the prevention against dental carise and periodontal disease should be taken. 10. 31.7% of the boys and 28.5% of the girls have experienced the prevention against dental caries and periodontal disease.

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A Study on Warranty in The Insurance Act 2015 (영국 2015년 보험법 상 담보(워런티)에 관한 연구)

  • SHIN, Gun-Hoon;LEE, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.73
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    • pp.65-90
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    • 2017
  • The rule of warranty in English insurance law was established in the second part of the $18^{th}$ century by Lord Mansfield, who laid the foundations of the modern English law of insurance contract and developed very different rule of insurance law, especially in the field of warranty. At the time of Lord Mansfield, warranty, that is, the promise given by the assured, played an important role for the insurer to assess the scope of the risk. Legal environments, however, have changed since the age of Lord Mansfield. English and Scottish Commissions proposed very dramatic reform of law in the field of warranty law to reflect the changes of legal environment through the Insurance Act 2016. This article intends to consider the legal implications through the comparative analysis between the new regime of warranty in the Insurance Act 2015 and MIA 1906. The major changes in the Insurance Act 2015 are summarized as following. First, Basis of the contract clauses in non-consumer insurance contracts should be of no effect and representations should not be capable of being converted into warranties by means of a policy term or statement on the proposal form. This requirement should not be capable of being avoided by the use of a contract term and the arrangement of contracting out by parties should be of no effect. Secondly, The existing remedy for breach of warranty, that is, automatic discharge of the insurer's liability, should be removed. Instead, the insurer's libility should be suspended from the point of breach of warranty and reattach if and when a breach of warranty has been remedies. Thirdly, A breach of warranty should genally be regarded as remedied where the insured ceases to be in breach of it. In the other hand, for time-specific warranties which apply at or by an ascertainable time, a breach should be regarded as remedies, if the risk to which the warranty relates later, becomes essentially the same as that originally contemplated by the parties. Fourthly, where a term of an insurance contract relates to a particular kind of loss, or loss at a particular location/time, the breach of that term should only give the remedy in relation to loss of that particular kind of loss, or at a particular location/time. Finally, whether a term of an insurance contrat relates to loss of a particular kind of at a particular location/time should be determined objectively, based on whether compliance with that ther would tend to reduce the risk of the occurrence of that category of loss.

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A Study on the Seller's Obligation to Hand over Documents under the CISG (국제물품매매계약에 관한 UN협약(CISG)에서 매도인의 서류교부의무)

  • Huh, Eun-Sook
    • International Commerce and Information Review
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    • v.13 no.3
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    • pp.459-485
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    • 2011
  • This paper examines the seller's obligation to deliver documents conforming to the terms of the sales contract as set forth in articles 30 and 34 of the CISG. Article 30 obliges the seller to band over documents relating to the goods. This obligation to band over documents is further elaborated in article 34. According to article 34, the documents must be tendered at the time and place, and in the form, required by the contract. If the seller has delivered non-conforming documents before the agreed time, he has the right to remedy the defects if this would not cause the buyer unreasonable inconvenience or expense. However, the buyer can claim any damages suffered despite the seller's remedy. Specific emphasis is placed on the interplay between the CISG and Incoterms. Incoterms contain detailed rules governing the obligations of the seller to provide for documents. Incoterms constitute international trade usage under articles 9(1) and 9(2) CISG and supplement construction of CISG with UCP under L/C transaction. In the event of failure by seller to deliver the necessary documents, the buyer has certain remedies available, such as the right to claim damages, the right to demand specific performance, and the right to repair. Furthermore, the failure to deliver the required documents under contract constitute a fundamental breach of the underlying sales contract as defined by article 25 of the CISG by the seller, and thereby enable the buyer to avoid the contract entirely article 49. However, it is stressed that since one of the main principles of the CISG is the preservation of the contract, the avoidance of the contract should remain a remedy of last resort.

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