• 한국중재학회지:중재연구
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• 제28권4호
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• pp.131-152
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• 2018

On October 31, 2013, the Singapore Court of Appeals handed down a landmark decision in the case of PT First Media TBK v Astro Nusantara International and Others [2013] SGCA 57. The case arose out of an arbitration in Singapore involving the Malaysian conglomerate Astro and the Indonesian conglomerate Lippo, which culminated in a USD 250 million award in favor of Astro. The final award was given to three Astro subsidiaries who were not parties to the arbitration agreement, but who were joined in the arbitration pursuant to an application by Astro. Lippo then applied to the Singapore High Court to set aside the enforcement orders. The Court of Appeals, however, reversed the High Court's decision, and found that Astro was only entitled to enforce the awards. Also, the Court of Appeals undertook a detailed analysis of the use of active and passive remedies to defeat an arbitral award at the seat and the place of enforcement, respectively. It also touches on the innovation of forced joinders of third parties in arbitrations, which have garnered significant interest in the arbitration community. This decision is therefore expected to have a significant impact on the practice of international arbitration, including in relation to how awards can be enforced or defeated, as the case may be.

• 정보보호학회논문지
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• 제22권2호
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• pp.367-377
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• 2012

(개인정보 침해사고의 위자료 산정) 개인정보의 상업적 가치가 증대되면서 불법적 거래나 유통, 유 노출사고 등의 개인정보 침해사고가 발생하고 있고 개인정보침해에 대한 위자료 산정이 침해사고에 대한 해결책이 되고 있다. 그러나 개인정보는 비시장재이며 교환가격이 존재하지 않으므로 위자료의 정량적 산정에는 어려움이 있다. 이에 대한 대안으로 본 연구에서는 시장에서 거래되지 않아 가치에 대한 정보를 얻을 수 없는 개인들의 가치평가를 추정하기 위해 CVM을 이용하여 유형별 WTA를 추정하였다. 또한, 일본의 JNSA JO 모델을 적용하여 한국에 부재한 위자료산정의 정형화된 모델에 관한 연구를 시도했다. 본 연구는 단순히 위자료 산정의 접근 방안을 제시한 것에 그치는 것이 아니라 개인정보의 가치를 측정함으로써 기업이나 조직들에게 개인정보의 중요성에 대한 경각심을 일깨워줄 수 있을 것이다.

• 대한예방한의학회지
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• 제6권1호
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• pp.95-95
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• 2002

This study was conducted to examine housewives' knowledge level of herb medicine and its related factors in Korea. Data were collected from 667 housewives from April 1, 1999 to June 30, 1999. The results of this study are summarized as follows. 1. According to general characteristics of the subjects, 29.1$\%$ of the subjects was over fifties. 28.6$\%$ was primary school graduate. while 25.5$\%$ was high school graduate. In case of job, the unemployed was 67.0$\%$ and professional／clerical worker was 19.6$\%$. 82.0$\%$ had spouses and 45.7$\%$ believed in Buddha. 50.8$\%$ of the subjects lived in big cities and 76.7$\%$ was the middle class. In case of their health condition, 33.4$\%$ was in good health, while 5 1.1$\%$ suffered from certain diseases and 43.9$\%$ was not satisfied with health conditions. 2. The proportion of experience in taking herb medicine was 86.4$\%$. The marital status and health condition were significantly related to the experience in taking herb medicine. When the respondents took diseases, 68.0$\%$ of them were experienced in folk remedy. The variables of age and religion were significantly related to experience in folk remedy. 3. According to the respondents opinions of the effect of the folk remedy, 'effective' was 78.5$\%$ and 'common' was 17.6$\%$, while 'not effective' was 3.9$\%$. 59.3$\%$ of the respondents thought that the folk remedy had scientific basis. 4. In case of information sources on herb medicine, 59.7$\%$ of the respondents obtained the information from TV or Radio. 13.7$\%$ of them got it from magazines related to Oriental medicine and 13.3$\%$ of them obtained it from newspapers or related books. The information sources were significantly related to age and health condition. The knowledge level of herb medicine was 20.76${\pm}$2.66 point on the basis of 30 points. The knowledge level was significantly related to age, occupation, health condition, information sources, experience in taking herb medicine, and opinions of scientific basis of the folk remedy. 5. The respondents marked 2.23${\pm}$0.64 points on the basis of 3.0 points in the question of the effect of taking herb medicine in summer, 2.30${\pm}$0.61 points in the question of the relationship between taking deer antlers and becoming clear-headed, 2.72${\pm}$0.56 points in the question of ginseng, 2.51${\pm}$0.56 points in the question of the relationship between taking herb medicine and being harmful to the liver, 1.94${\pm}$0.74 points in the question of taking herb medicine during the period of pregnancy, 1.84${\pm}$0.78 points in the question of the relationship between menstrual irregularity and motherwort, 2.00${\pm}$0.83 points in the question of the relationship between taking herb medicine and getting fat, 1.76${\pm}$0.89 points in the question of the relationship between Ssanghwatang and cold, 2.15${\pm}$0.76 points in the question of taking honey, and 1.45${\pm}$0.77 points in the question of selecting foods during the period of taking herb medicine. 6. The factors influencing decision of taking herb medicine were experience of taking herb medicine, intention of receiving treatment by folk remedy, occupation, health condition, and age. As seen in the above results, the knowledge level of taking herb medicine during the period of pregnancy, the relationship between menstrual irregularity and motherwort, Ssanghwatang, honey, and selecting foods during the period of taking herb medicine was very low. Therefore, it is necessary to develop education programs in order to provide community residents with basic knowledge of herb medicine. In doing so, the government, Oriental medical doctors, and associations related to herb medicine must make great efforts.

• 대한예방한의학회지
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• 제6권1호
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• pp.96-116
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• 2002

This study was conducted to examine housewives' knowledge level of herb medicine and its related factors in Korea. Data were collected from 667 housewives from April 1, 1999 to June 30, 1999. The results of this study are summarized as follows. 1. According to general characteristics of the subjects, 29.1% of the subjects was over fifties. 28.6% was primary school graduate. while 25.5% was high school graduate. In case of job, the unemployed was 67.0% and professional／clerical worker was 19.6%. 82.0% had spouses and 45.7% believed in Buddha. 50.8% of the subjects lived in big cities and 76.7% was the middle class. In case of their health condition, 33.4% was in good health, while 51.1% suffered from certain diseases and 43.9% was not satisfied with health conditions. 2. The proportion of experience in taking herb medicine was 86.4%. The marital status and health condition were significantly related to the experience in taking herb medicine. When the respondents took diseases, 68.0% of them were experienced in folk remedy. The variables of age and religion were significantly related to experience in folk remedy. 3. According to the respondents opinions of the effect of the folk remedy, 'effective' was 78.5% and 'common' was 17.6%, while 'not effective' was 3.9%. 59.3% of the respondents thought that the folk remedy had scientific basis. 4. In case of information sources on herb medicine, 59.7% of the respondents obtained the information from TV or Radio. 13.7% of them got it from magazines related to Oriental medicine and 13.3% of them obtained it from newspapers or related books. The information sources were significantly related to age and health condition. The knowledge level of herb medicine was $20.76{\pm}2.66$ point on the basis of 30 points. The knowledge level was significantly related to age, occupation, health condition, information sources, experience in taking herb medicine, and opinions of scientific basis of the folk remedy. 5. The respondents marked $2.23{\pm}0.64$ points on the basis of 3.0 points in the question of the effect of taking herb medicine in summer, $2.30{\pm}0.61$ points in the question of the relationship between taking deer antlers and becoming clear-headed, $2.72{\pm}0.56$ points in the question of ginseng, $2.51{\pm}0.56$ points in the question of the relationship between taking herb medicine and being harmful to the liver, $1.94{\pm}0.74$ points in the question of taking herb medicine during the period of pregnancy, $1.84{\pm}0.78$ points in the question of the relationship between menstrual irregularity and motherwort, $2.00{\pm}0.83$ points in the question of the relationship between taking herb medicine and getting fat, $1.76{\pm}0.89$ points in the question of the relationship between Ssanghwatang and cold, $2.15{\pm}0.76$ points in the question of taking honey, and $1.45{\pm}0.77$ points in the question of selecting foods during the period of taking herb medicine. 6. The factors influencing decision of taking herb medicine were experience of taking herb medicine, intention of receiving treatment by folk remedy, occupation, health condition, and age. As seen in the above results, the knowledge level of taking herb medicine during the period of pregnancy, the relationship between menstrual irregularity and motherwort, Ssanghwatang, honey, and selecting foods during the period of taking herb medicine was very low. Therefore, it is necessary to develop education programs in order to provide community residents with basic knowledge of herb medicine. In doing so, the government, Oriental medical doctors, and associations related to herb medicine must make great efforts.

• 무역상무연구
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• 제49권
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• pp.257-281
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• 2011

The duty of utmost good faith is found in sections 17-20 of MIA 1906. Critics of the current legal regime on the pre-contractual duty from the viewpoint of the assured, have been concentrated on two points in particular. First, the scope of the duty is so wide that it imposes too high burden on the assured. The second criticism is directed at the remedy, prescribed by the MIA 1906, s.17, against breach of the duty. This article intends to analyse the legal implications of proposals in CP 2007 for reforming pre-contractual duty of utmost good faith of business assured in English insurance contracts law and the problems of proposals. The Law Commissions are proposing four fundamental changes to meet the long-standing criticism and the results of analysis are as following. First, the Law Commissions are proposing a change in the test of constructive knowledge in relation to the duty of disclosure so that a business assured will be obliged to disclose facts which he knows or a reasonable ought to know in the circumstances. Secondly, deviating from the current legal position, the Law Commissions are proposing that if a business assured has made a misrepresentation, but the assured honestly and reasonably believe what it said to be true, the insurer should not have any remedy due to the misrepresentation. The proposal is designed to protect the reasonable expectations of business assured at the pre-contractual stage. Thirdly, the Law Commissions are proposing to change the test for materiality by replacing the "prudent insurer" test by a "reasonable assured" test. The proposed test would focus on the question of what a reasonable assured in the circumstances would think what is relevant to the judgment of the insurer. Finally, the Law Commissions are proposing flexible remedies in case of the breach of the duty. The Law Commissions are proposing no remedy when an assured is acting honestly and reasonably, while avoidance in case of dishonesty. On the other hand, The Law Commissions seem to have an intention to introduce a compensatory remedy in case of negligent breach of the duty.

• 대한한방내과학회지
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• 제19권1호
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• pp.524-552
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• 1998

Purgation therapy has played an important role as a influential remedy from the begining of the Chinese medicine. Especially purgation therapy is raised as the effective remedy on the acute infectious disease in the book of 'Treatise on Febrile Disease'. But It was inclined to cold-nature and available only in the excess syndrome. Nevertheless it is evident that the book has showed an example of this therapy. During the middle age, purgation therapy is classified into several subtype; hydrogogue therapy, laxation with lubricants, purgation with cold-natured drugs and purgation with warm-natured drugs. Comparing with the ancient times, it must be a progression. It was investigated earnestly by a school leaded by Zhang Congzheng. They were not restricted to several diseases, but applied it to the wide range of diseases. They thought as following. 'One is ill from pathogenic factor so that you should eliminate it from the human body'. Hence, they frequently used three major remedies such as diaphoresis, emesis and purgation. In this process, purgation therapy had showed eye-opening progress. But opposition to it was not little. Li Gao was a representative man on the opposite side. He expressed a critical opinion and placed great importance on the genuine energy, the natural healing force. Under his influence, a large number of doctors evaded purgation and put it under taboo. On account of these trend, purgation therapy had took a backward step and retrograded. Therefore cathartics such as Rhei Radix et Rhizoma, Rharbitidis Semen, cold drugs such as Gypsum Fibrosum, etc. had been excluded for preservation of the genuine energy, and came about an obnoxious custom to value only 'tonity deficiency', or 'warm and tonify'. As it had came into fashion to approach most disease from the point of view, purgation therapy was merely fall into a remedy of constipation. After the eighteenth century purgation therapy encountered the new period of rivival. It was introduced by them who strived for the study of Epidemics to the new current of thought, so called '增水行舟'. It was because 온병 was apt to dissipate one's Yin fluid. Therefore purgation therapy of this period was characterized by establishing nourishment Yin and body fluid with or without use of timely purgation of accumulation of heat. From the time of Zhang Congzheng, it was accomplished by Lee Je-ma to the most epoch-making change. He caused an improvement in the use of purgation therapy by regarding innate constitutional contradiction as importance than representing clinical symptoms. He warned that existing remedies that depend only upon symptoms and signs, not upon individual characteristics including constitutional features didn't bring round to but kill them. And he understood all the pathologic processes in his constitutional theory, investigated specific drugs on four constitution, made indications of each prescriptions clear. For giving to differentiation of constition before differentiation of syndrom, his new slant on the pathologic phenomena overcome the limitations of 변증시치, and revaluate purgation therapy from remedy impaire the genuine energy to that restore it by recover the balance between the internal organ. It is the product of him to fundamentally upset the cause to be in disregard of purgation therapy.

• 한국초등수학교육학회지
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• 제14권3호
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• pp.583-613
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• 2010

수학불안은 방치할 경우 수학학습 장애 요인으로 작용할 수 있기에 수학불안 요인을 찾고 그에 알맞은 처치 방안을 고안해내는 것이 중요하다 하겠다. 이에 본 연구는 초등학생의 수학불안 감소를 위한 수학 친화적 활동 프로그램을 개발하고, 개발된 프로그램을 적용시킴으로써 수학불안 감소에 어떠한 효과가 있는지를 연구하였다. 서울시 동대문구 I 초등학교 4학년 한 학급 32명의 학생을 연구 대상으로 하였고, 사전 수학 불안 검사를 통하여 나타난 평균값 보다 높은 수학불안 하위 요인인 시험불안 부모의 태도 시간 부족 이해 학습동기의 수학불안 감소에 중점을 둔 수학 친화적 활동 프로그램을 개발하였는데, 이것은 사전 수학불안 검사 결과와 7차 교육과정 수학과 목표 및 내용 체계, 4-가, 나 수학과 교과서의 내용을 분석하여 심리적 처치(긍정적 사고 훈련)와 비심리적 처치(수학활동)를 복합적으로 구성한 활동지 형태의 프로그램이다. 또한 프로그램을 적용한 후, 조사한 수학불안 검사로부터 전체 학생의 수학불안 하위 요인에 대한 유의미한 감소를 확인할 수 있었다.

• 사상체질의학회지
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• 제8권1호
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• pp.377-393
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• 1996

요통(腰痛)은 다른 어느 질병(疾病)보다도 많은 사람이 경험(經驗)을 하였던 질환(疾患)중의 하나로써 요통(腰痛)의 治療法(치료법)에는 전통적으로 침요법(鍼療法), 구요법(灸療法), 한약요법(韓藥療法)이 주(主)가 되어 왔으며, 최근에는 물리치료(物理治療), 약침요법(藥鍼療法), 추나요법(推拏療法) 등이 쓰이고 있다. 여기서는 1994년 9월 14일부터 1996년 5월 25일까지 "우리한의원"에서 고통(顧痛)으로 진료 받은 73명의 환자들을 중심으로 이름, 성별, 나이, 발병원인, 주증(主證), X-ray, CT, MRI 등의 소견, IRCT(InfraRed Computer Thermography) 소견(所見), 체질(體質), 사상처방(四象處方), 약침요법(樂鍼療法), 치료기간(治療期間), 경과(經過) 등을 분석(分析)하고 이것을 바탕으로 기존의 증치의학(證治醫學)과는 다른 사상의학적(四象醫學的)인 방법으로 요통(腰痛)을 접근하는 방법을 알아보고자 하였으며 아울러 X-ray, CT, MRI 등의 소견(所見)과 한의학적(韓醫學的)으로 이용할 수 있는 적외선체열진단(赤外線體熱診斷)과 비교하여 보며, 또 악침(樂鍼)에서의 사상의학적(四象醫學的)인 접근 방법도 알아보았다. 조사방법(調査方法)은 체질별(體質別) 분포, 사상처방(四象處方)의 사용, 치료경과(治療經過), 치료기간(治療期間)을 중심으로 하였으며, 체질(體質) 감별(鑑別)의 방법은 체형기상(體形氣像), 용모사기(容貌詞氣), 성질재간(性質材幹), 체질증(體質證), 체질병증(體質病證), 음식물의 반응 등을 중심으로 하여 임상적인 감별을 하였고, X-ray는 추나요법(推拿療法)을 위하여 Open mouth, C-spine AP&Lat, TH-spine AP&Lat, L-spine AP&Lat을 의뢰하였으며, 적외선체열진단(赤外線體熱診斷)은 피판(皮板)(Dermatomes)을 중심으로하여 각각의 디스크가 피판(皮板)에 미치는 부분을 관찰하여 양쪽의 체열(體熱)의 차이가 섭씨 1도 이상 차이가 나는 것으로 진단을 하여 다음과 같은 결론을 얻었다. 1. 전체 환자 73명중 태음인(太陰人)이 47명(66.4%)으로 가장 많았고 다음은 소음인(少陰人)이 16명(21.9%)이었고, 소양인(少陽人)은 10명(13.7%)으로 가장 적었으며 이것은 동의수세보원(東醫壽世保元)에서의 태음인(太陰人) 오천인(五千人), 소양인(少陽人) 사천인(三千人), 소음인(少陰人) 이천인(二千人), 태양인(太陽人)은 드물다는 구성 비율과는 달리 소양인(少陽人)과 소음인(少陰人)의 구성 비율이 바뀌었으며, 전체적으로는 소양인(少陽人)이 적게 나오고 태음인(太陰人)이 많이 나왔음을 알 수 있다. 2. 각 체질별(體質別) 치료의 경과에 대한 만족도는 전체적으로 60.3%였으며 태음인(太陰人)에서 만족도(66.0%)가 높았고 소음인(少陰人)에서 만족도(56.3%)가 가장 낮았으며 소양인(少陽人)의 만족도 (60%)는 평균과 비슷하였다. 3. 각 체질별(體質別) 치료에 만족하는 환자(患者)에게 보인 사상처방(四象處方)을 분석하여 보면 소양인(少陽人)에 있어서는 표병약형방지황탕(表病藥荊防地黃湯)과 리병약(裡病藥)인 육미지황탕(六味地黃湯)이 고르게 썼으며, 소음인(少陰人)은 리병약(裡病藥)인 십이미관중탕(十二味寬中湯)이 가장 많이 쓰였으며, 태음인(太陰人)은 리병약(裡病藥)인 청심연자탕(淸心蓮子湯), 청폐사간탕(淸肺瀉肝湯), 열다한소탕(熱多寒少湯)이 많이 쓰였음을 알 수 있었다. 따라서 소음인(少陰人)과 태음인(太陰人)은 리병약(裡病藥)이 치료 경과가 좋았으며 소양인(少陽人)은 표병약(表病藥)과 리병약(裡病藥)에서 고르게 쓰였음을 알 수 있다. 4. 치료에 만족하는 환자의 평균 치료기간은 약 6주였으며, 각 체질별(體質別)로는 소양인(少陽人)에서 4.2주로 가장 낮았고, 다음은 태음인(太陰人)이 5.7주 였으며, 소음인(少陰人)에서 6.8주로 가장 오래 걸림을 알 수 있다. 5. 사상의학(四象醫學)적인 요통(腰痛)의 치료방법은 외상성에 의한 요통(腰痛) 따른 치료와 그 외의 체질적(體質的) 소인에 따라 소음인(少陰人)의 표병(表病)온 승양익기(升陽益氣)를 하고, 리병(裡病)은 이음강기(裡陰降氣)를 하며, 소양인(少陽人)의 표병(表病)은 표음강기(表陰降氣)를 하고, 리병(裡病)은 청양상승(淸陽上升)을 시키며, 태음인(太陰人)의 표병(表病)은 폐양승기(肺陽升氣)시키고 리병(裡病)은 청간조열(淸肝操熱)을 하며, 태양인(太陽人)은 보간생음(補肝生陰)의 치법(治法)을을 쓸 수 있다. 6. 사상처방(四象處方)외의 방법으로 약침요법(藥鍼療法)은 체질적(體質的)으로 적용하는 방법은 약침(藥鍼)의 선별 방법과 약침(藥鍼)을 치료하는 부위의 선별방법으로 나눌 수 있다. 약침(藥鍼)의 선별에서 소음인(少陰人)은 蜂藥鍼(B.V.)을, 소양인(少陽人)은 홍화(紅花)(H.O)를 태음인(太陰人)은 호도(胡挑)(I), 웅담(熊膽), 우황(牛黃), 사향(麝香)(V,O.K.) 등을 써 볼 수 있고, 팔망약침법(八網樂鍼法)도 기존에 쓰는 체질별(體質別) 사상처방(四象處方)을 그대로 약침(藥鍼)으로 만들어 쓸 수 있다. 약침(藥鍼)을 치료하는 부위의 선별방법은 사상의학(四象意學)의 체질증(體質證), 체질병증(體質病證)을 충분히 응용할 수 있는 태극침법(太極鍼法)의 혈위(穴位)와 사초부위(四焦部位)에 따라 생리(生理), 병리(病理)를 적용시켜 쓰는 방법올 활용하여 볼 수 있다.

• 한국중재학회지:중재연구
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• 제5권1호
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• pp.365-387
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• 1995

• Asian Pacific Journal of Cancer Prevention
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• 제15권3호
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• pp.1501-1501
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• 2014