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Product Liability and Causation in Criminal Law (형법상 제조물책임과 인과관계의 확정)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.3-28
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    • 2016
  • While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

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Studies on the phrases of Yellow Emperor's internal classic(黃帝內經) for the physiology on the spleen and stomach (비위생리(脾胃生理)에 수용(授用)되는 황제내경(黃帝內經) 어구(語句)에 관(關)한 연구(硏究))

  • Won, Jin-Hui
    • The Journal of Korean Medicine
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    • v.16 no.2 s.30
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    • pp.453-489
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    • 1995
  • The research of the phrases related with physiology of stomach and spleen in the contents of Huang Di Nei Jing(黃帝內經) known as the Bible of oriental medicine will make a contribution to a deep understanding of disease of stomach and spleen and a proper clinical diagnosis and treatment of them. In this research of the most appropriate glosses recorded nine kinds of representative medical books including Huang Di Nei Jing Somoon(黃帝內經素問) of Wang Bing(王氷) were picked out: The summaries of the selected contents are as follows: 1. The word 'saliva(涎)' in 'the spleen controls saliva(脾爲涎)' can be viewed as a generic term referring to oral cavity secretion gland as well as the secretion fluid of salivary gland. 2. The phases 'a large reservoir(太倉)', barn organs', 'a reserboir of food stuff', 'a stomach as the market(胃爲之市)', etc mean the function of stomach to receive food(胃主受納). 3. The phase 'generation of five tastes(五味出焉)' means both 'the function of stomach to transform food into chyme(胃主腐熟)' and 'the channelling function of spleen.(脾主運化)' 4. The flowing of the food-Qi(食氣) into stomach brings about spreading Jung(精) into liver and then percolating Jung(精) flow into channel. The channel-Qi(脈氣) flows into lung through channel. As a result, all kinds of channels gather together in lung and Jung(精) is sent into skin and hair. The assembly of Jung(精) with skins and channels moves Qi(氣) into fu-organ and so jung(精) and mental activity(神明) in fu-organ(府) come to be in four organs(四臟). Then if Qi(氣) comes back to power balance unit(權衡) being in the state of equilibrium(權衡以平), the hole of Qi(氣口) comes to determine the matter of life and death through achieving Chun-quan-chi(-寸-關-尺). The above mentioned phrases means the digestion, asorption and transmission of food. When food is taken in stomach, Jung-Qi(精氣) comes to be over flowed upward into spleen, back into lung, finally downward into bladders through water-conduit(水道) controlled by lung. When water- Jung(水精) radiates into whole body with channels of five organs(五臟), both of them fit together with and yin-yang(陰-陽). Therefore, the grasping of the rise and decline of yin-yang(陰C-陽) is necessary to consult patients. The above mentioned phrases is properly viewed to designate the asorption, transmission and excretion of food. 5. Spleen controls flesh(脾之合肉也), the state of spleen is known by human lips, and what this means is that liver plays functions of spread and expansion(肝主疏泄). 6. The phrase 'Jung Jung'((中精)) in 'gallbladder dominates Jung jung(膽主中精)', which in one of the specific expression of 'liver plays functions of spread and expansion(肝主疏泄). 7. It is right that the phase 'The eleven organs in all are determined by gallbladder'(凡十,一臟取決於膽也) is correctly paraphrased as 'only one of ten organs, spleen, is determined by gallbladder'.(凡十,一臟取決於膽也), 8. The small intestine is an organ. which receives the materials digested and sends them out. This means that the function of transforming materials(化物) factually refers to that of separating clearity and blur(泌別淸濁). And it is also thought to have the function of ascending clearity and descending blur(升淸降濁), 9. A large intestine is a transmitting organ(傳導之官) from which a change comes out(變化出焉). the phrase 'change'(變化) in this sentence means both the intake of water and nutrition and the formation procedure of stool through excretion of mucocele.

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A Study on the Characteristics of the Korean Juvenile Sound According to Sasang Constitution using PSSC with a Sentence (사상체질음성분석기(PSSC)를 통한 한국인 소아 ${\cdot}$ 청소년의 체질별 음성특성연구 - 단문을 중심으로 -)

  • Heo, Jae-Beum;Jung, Woon-Ki;Choi, Min-Ki;Jeon, Jong-Weon;Kim, Dal-Rae;Yoo, Jun-Sang
    • Journal of Sasang Constitutional Medicine
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    • v.19 no.2
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    • pp.40-52
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    • 2007
  • 1. Objectives and Methods The purpose of this study was to objectify the diagnosis of Sasang Constitution. 63 Male Juvenile's and 151 Female Juvenile's sentences were analyzed into 73 factors like Pitch, APQ, Shimmer, Octave and Energy, etc. Juvenile's sentences were classified into 6 categories: total Male Juvenile group, under 12 years old Male Juvenile grout, over 13 years old Male Juvenile group, total Female Juvenile group, under 12 years old Female Juvenile group and over 13 years old Female Juvenile group. 2. Results 1) In Total Male Juvenile group, there were no significant differences among constitutional groups in APQ and Octave segment. Taeumin's Center freq.(3) was significantly high compared with Soyangin group. Soeumin's Center freq.(5) was significantly high compared with Soyangin and Taeumin groups. Taeumin's Octave3 Shimmer was significantly high compared with Soeumin group. Soeumin's Octave6 Shimmer was significantly high compared with Taeumin group. Solyangin's D# Tot E was significantly high compared with Taeumin group. 2) In Under 12 years old Male Juvenile group, there were on significantly among constitutional groups in Pitch, APQ, Octave and Energy segment. Taeumin's Octave3 Shimmer and G Shimmer(1) were significantly high compared with Soeumin group. 3) In Over 13 years old Male Juvenile group, there were no signigicant differences among constitutional groups in Pitch, APQ and Shimmer segment. Soyangin's and Soeumin's Octave6 were significantly high compared with Taeumin group. Soyangin's $0k{\sim}2k$ Total Sum, $0k{\sim}2k$ Dev., $2k{\sim}4k$ Total Sum, $2k{\sim}4k$ Dev., A Dev.(1), D# Dev.(1) and G# Dev.(1) were significantly high compared with Taeumin group. Soyangin's and Soeumin's G# Tot E were significantly high compared with Taeumin group. 4) In Total Female Juvenile group, there were no significant differences among constitutional groups in Pitch and APQ segment. Soeumin's Octave4 Shimmer was significantly high compared with Soyangin group. Soyangin's Octave6 was significantly high compared with Soeumin group. Solyangin's 2k-4k Total Sum and B Tot E were significantly high compared with Soeumin group. 5) In Under 12 years old Female Juvenile group, there were no significant differences among constitutional groups in APQ and Energy segment. Soeumin's and Taeumin's Center Pitch and Pitch were significantly high compared with Soyangin group. Soyangin's Center freq.(1) and Center freq.(7) were significantly high compared with Soeumin and Taeeunin groups. Soyangin's and Taeumin's B Shimmer(1) and F# Shimmer(1) were significantly high compared with Soeumin group. Soeumin's D Shimmer(1) was significantly high compared with Soyangin group. Taeumin's and Soeumin's G# Shimmer(1) were significantly high compared with Soyangin group. Soyangin's and Taeumin's Octave2 were significantly high compared with Soeumin group. 6) In Over 13 years old Female Juvenile group, there were no significant differences among constitutional groups in Pitch, APQ and Octave segment. Soeumin's Octave4 Shimmer was significantly high compared with Soyangin group. Soyangin's B Dev.(1) and F Dev.(1) were significantly high compared with Soeumin group. 3. Conclusions In juvenile groups, some sound factors are regarded as useful. PSSC are thought to be the objertive way to diagnose the Consitution and more participants are needed to get more efficiencies using PSSC.

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Literature of Korean Verse, Sijo and Taoist Hermit (시조문학과 신선)

  • Kim, Myeong-Hee
    • Sijohaknonchong
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    • v.30
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    • pp.21-52
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    • 2009
  • This study observed what roles and identity the Taoist Hermits have when they appear in Korean Verse, SiJo, which was preoccupied by the illustrious-officials in Choseon Dynasty. This study has found that languages of Taoist Hermit frequently appear in SiJo, through the historical study documents focusing on only the mountain wizards in terma of the genre, SiJo. Of those terms used by Taoist Hermit, most prominent was 'JeokSongJa', which was expressed as that sought by the illustrious-officials-they were using the sentence, 'I will follow JeokSongJa' to the extent that it is an idiom. This suggests that the illustrious officials in ChoSeon Dynasty meant if one was going to be entitled to become a Taoist Hermit, he should seek 'JeokSongJa' first. We can see those illustrious officials were using the words with a ideological tone, affected by then 'JangRyang' or 'BeomRyo' who were devoting themselves to finding 'JeokSongJa' with a belief that they could become a Taoist Hermit and live forever, which had been handed down as a legend or a myth. Meanwhile, Li Po is a profile who can not considered, separately in the history of Korean Literature. Li Po recited poems, as a great poet and a hard drinker, who were incited in SiJo of those illustrious officials as a intimate person. In contrast, among those who were accepted as a negative profile, were a Chinese Emperor JinSi and HanMuje. These two emperors, who were looking for a herb of eternal youth and Mt. BongRae, figures who had lost their positions in the real political circle. In addition, they couldn't make their dreams to get perennial youth and long life come true, which stimulated the illustrious officials of that time to recite those poems indicating there is no ideal Utopia so it's better be satisfied with the reality living up to the realistic idea of Confucianism. In this sense, those two emperors are negative. There are also women Taoist Hermits present in SiJo, including MaGo nymphs, SeoWangMo, MuSanShinNyo, and Hang-A. MaGo nymphs were grandmothers who superintend the longevity, often incited as a beautiful woman; SeoWangMo was a Toast Hermit who had an elixir of life; MuSanShinNyo is a beautiful woman who was representing the attachment of cloud friendship; and Hang-A is expressed as a goddess who betrayed her husband and as a result staying lonely in the moon palace. These women goddesses were characterized by their beautiful appearances, generous and delicate personalities. widely incited in romantic poems.

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A Study on the Charateristics of the Korean Adult Female Sound According to Sasang Constitution Using PSSC with a Sentence (사상체질음성분석기(四象體質音聲分析機)(PSSC)를 통한 한국인 성인여성(成人女性)의 체질별(體質別) 음향특성연구(音響特性硏究) - 단문(短文)을 중심으로 -)

  • Youn, Ji-Young;Yoon, Woo-Young;Cho, Sung-Eon;Wang, Hyang-Lan;Jeon, Jong-Weon;Kim, Dal-Rae;Yoo, Jun-Sang
    • Journal of Sasang Constitutional Medicine
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    • v.18 no.3
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    • pp.75-93
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    • 2006
  • 1. Objectives and Methods Sasang Constitutional Medicine is the original Korean Medicine. The purpose of this study was to objectify the diagnosis of Sasang Constitution. 212 Women's sentences were analyzed into 228 factors like Pitch, APQ, Shimmer, Octave and Energy, etc. Women's sentences were classified into 3 categories: total group, under 54 years old group and over 55 years old group. 2. Results 1) In Total group Soyangin's Center feq.(3) was significantly high compared with Taeyangin and Taeumin groups. Taeumin's Pitch2 was significantly high compared with Soeumin and Taeyangin groups. Taeyangin's Pitch S.D. was significantly high compared with Soyangin group. Taeyangin's Octave6 was significantly high compared with Soeumin group. There were no significant differences among constitutional groups in APQ and Shimmer segment. On the point of Energy, Taeyangin's G Tot E(1), G# Tot E(1), G dev.(1), G# dev.(1), G Tot E(2), G# Tot E(2), G dev.(4) and G# dev.(4) were significantly high compared with other groups. Soyangin's A#S.D.(2) was significantly high compared with Taeyangin group. Taeyangin's A#S.D.(3) was significantly high compared with Taeumin group. Taeyangin's F S.D.(5), F# S.D.(5) and Max Average were significantly high compared with Soeumin group. Taeumin's Peak3 and Peak4 were significantly high compared with Taeyangin group. Taeumin's PeakValue1 was significantly high compared with Soeumin group. Taeyangin's PeakValue2 was significantly high compared with Soeumin group. Taeyangin's PeakValue3 and PeakValue5 were significantly high compared with Other groups. 2) In Under 54 years old group, there were no significant differences among constitutional groups in APQ, Shimmer and Octave segment. Taeumin's Center freq.(2) was significantly high compared with Taeyangin and Soyangin groups. Taeumin's Pitch(2) and Pitch(3) were significantly high compared with Taeyangin and Soeumin groups. Taeyangin's and Taeumin's Pitch S.D. were significantly high compared with Soyangin group. Taeyangin's and Soyangin's Octave2 were significantly high compared with Taeumin group. On the point of Energy, Taeyangin's and Soyangin's A# S.D.(2) were significantly high compared with Soeumin group. Taeyangin's and Soyangin's G# dev.(1), G# dev.(2) were significantly high compared with Taeumin group. Taeyangin's and Taeumin's F# S.D.(3) were significantly high compared with Soeumin group. Taeyangin's and Soyangin's Max Average were significantly high compared with Soeumin group. Taeumin's Peak3 was significantly high compared with Taeyangin and Soeumin groups. Taeyangin's and Taeumin's PeakValue2 were significantly high compared with Soeumin group. Taeyangin's and Soeumin's PeakValue3 were significantly high compared with Taeumin group. Taeyangin's and Soyangin's PeakValue5 were significantly high compared with Soeumin group. Taeyangin's and Soyangin's PeakValue9 were significantly high compared with Taeumin group 3) In Over 55 years old group, there were no significant differences among constitutional groups in Pitch, APQ, and Peak segment. Soeumin's F Shimmer(1) and F Shimmer(2) were significantly high compared with Taeyangin and Taeumin groups. Soeumin's G# Shimmer(1) and G# Shimmer(2) were significantly high compared with Soyangin group. Taeyangin's Octave5 and Octave6 were significantly high compared with Soeumin group. On the point of Energy, Soyangin's C S.D., F# S.D.(1), F# S.D.(2) and G dev.(2) were significantly high compared with other groups. Soyangin's F# S.D.(3) was significantly high compared with Taeumin and Soeumin groups. Taeyangin's and Taeumin's G# S.D.(2) and G# S.D.(3) were significantly high compared with Soyangin group 3. Conclusions From above result, there is the possibility of efficient standard guide for constitution diagnosis by analysis of voice

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Effect of Defatted Soy flour on the Bread Making Properties of Wheat flour (탈지 대두분 첨가가 제빵 특성에 미치는 영향)

  • Yoo Yang-Ja;Chang Hak-Gil;Choi Young-Sim
    • Korean journal of food and cookery science
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    • v.21 no.3 s.87
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    • pp.301-310
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    • 2005
  • The effects of defatted soy flour on the physicochemical characteristics of dough and bread making properties were studied. Defatted soy flour is added to wheat flour for bread-making in order to maximize the use of isoflavones in the soybean. Different particle sizes of both defatted soy flour and wheat flour were prepared by grinding and sievingwith meshes. In the mixograph test, the addition of defatted soy flour to wheat flour increased the requirement for water and decreased the dough development time. Water absorption rates were also investigated to determine the optimum quantity of water for good dough. As the level of defatted soy flour mixed with wheat flour increased, the sedimentation and P.K. values decreased. In comparison with control, the bread made with defatted soy flour especially had a lower specific loaf volume. Specific loaf volume of wheat flour-defatted soy flour bread prepared (Ed- this is an incomplete sentence, it's only a subject clause, and I don't how what you intend to state). In terms of the staling rate and hardness of the wheat flour-defatted soy flour bread, the increased defatted soy flour had a faster staling rate during storage at 5? than at 25? for 5days. From the result of sensory evaluation, wheat flour-defatted soy flour breads containing up to $4\%$ defatted soy flour were rated as being of high quality.

The Procedure for Decision of Enforcement by the Arbitration Award and Its Problems (중재판정에 의한 집행판결의 절차와 그 문제점)

  • Kim Bong-Suk
    • Journal of Arbitration Studies
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    • v.13 no.1
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    • pp.169-205
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    • 2003
  • Arbitration means the procedure that a party inquires a third party arbitrator for a resolution on the dispute on certain matters of interest to follow through with the commitment of the arbitration, and a series of procedures performed by the arbitrator of the Korean Commercial Arbitration Board. Arbitration is implemented in accordance with the procedure determined by the Arbitration Act and Arbitration Regulations. In the event the parties reach to the reconciliation during the process of arbitration, the reconciliation is recorded in the form of arbitration award(decision), and in the event a reconciliation is not made, the arbitrator shall make the decision on the particular case. The arbitration award(decision) for reconciliation during the arbitration procedure (Article 31 of Arbitration Act, hereinafter referred to as the 'Act') or the mediation under the Arbitration Regulation of the Korean Commercial Arbitration Board (Article 18 of the Arbitration Regulations) shall have the same effectiveness with the decision rendered by a court that, in the event a party does not perform the obligation, the enforcement document is rendered under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court to carry out the compulsory enforcement. However, in the event that the party to take on the obligation to perform under the arbitration award (decision) rendered by the arbitrator (Article 32 of the Act) does not perform without due cause, a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act shall be obtained since the arbitration award(decision) cannot be the basis of enforcement under the Civil Enforcement Act. And, in order to enforce the judgment compulsorily in accordance with the regulations under the Civil Enforcement Act under the foreign arbitration judgment (Article 39 of the A.1), it shall fulfill the requirement determined under the Civil Litigation Act (article 217 of Civil Litigation Act) and shall obtain a separate enforcement decision in accordance with the procedure determined under the Civil Enforcement Act (Article 26 and Article 27 of Civil Enforcement Act) since the arbitration judgment of foreign country shall not be based on enforcement under the Civil Enforcement Act. It may be the issue of legislation not to recognize the arbitration award(decision) as a source of enforcement right, and provide the compulsive enforcement by recognizing it for enforcement right after obtaining the enforcement document with the decision of a court, however, not recognizing the arbitration award(decision) as the source of enforcement right is against Clause 3 of Article 31 of the Act, provisions of Article 35, Article 38 and Article 39 that recognized the validity of arbitration as equal to the final judgment of a court, and the definition that the enforcement decision of a court shall require the in compulsory enforcement under Clause 1 of Article 37 of the Act which clearly is a conflict of principle as well. Anyhow, in order to enforce the arbitration award(decision) mandatorily, the party shall bring the litigation of enforcement decision claim to the court, and the court shall deliberate with the same procedure with general civil cases under the Civil Litigation Act. During the deliberation, the party obligated under the arbitration award(decision) intended to not to undertake the obligation and delay it raises the claim and suspend the enforcement of cancelling the arbitration award(decision) on the applicable arbitration decision within 3 months from the date of receiving the authentic copy of the arbitration award(decision) or the date of receiving the authentic copy of correction, interpretation or additional decision under the Regulation of Article 34 of the Act (Clause 3 of Article 36 of the Act). This legislation to delay the sentencing of the enforcement and then to sentence the enforcement decision brings the difficulties to a party to litigation costs and time for compulsory enforcement where there is a requirement of an urgency. With the most of cases for arbitration being the special field to make the decision only with the specialized knowledge that the arbitrator shall be the specialists who have appropriate knowledge of the system and render the most reasonable and fair decision for the arbitration. However, going through the second review by a court would be most important, irreparable and serious factor to interfere with the activation of the arbitration system. The only way to activate the arbitration system that failed to secure the practicality due to such a factor, is to revise the Arbitration Act and Arbitration Regulations so that the arbitration decision shall have the right to enforce under the Rules on Enforcement Document on Mediation Statement of various dispute resolution committees of the Supreme Court.

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Teacher's Practice of Activity Materials in the Housing Area of Middle School Technology & Home Economics Textbook (중학교 교사의 기술.가정 주생활영역 활동자료 활용실태)

  • Lee, Young-Doo;Cho, Jea-Soon
    • Journal of Korean Home Economics Education Association
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    • v.20 no.4
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    • pp.157-171
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    • 2008
  • The year of 2007 Reformed Curriculum encourages various activity materials in the textbook facilitate students oriented self-help learning. The purpose of this paper is to find out how much the activity materials in housing area of middle school Technology and Home Economics are practiced in the class and why they are used or not used. The data were collected from 253 middle school teachers who had ever taught the housing unit in any of 6 textbooks. The analyses indicated that the most frequent teaching methode was lecture based on the textbook and internet data focused on the figures and contents of the individual textbook. The average rate of practicing the activity materials was differ by textbooks and the characteristics of the materials such as type of materials, feature of non sentence materials, and type of activity. The main two reasons to practice the activity materials were it's adequacy to class goals and application to everyday life. Low interests of students and shortage of time were the two main reasons why not used the materials. Textbook writers should consider these reasons as well as the characteristics of activity materials practiced in the class by the teachers in order to meet the goals of the reformed as well as current curricula.

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Financial Fraud Detection using Text Mining Analysis against Municipal Cybercriminality (지자체 사이버 공간 안전을 위한 금융사기 탐지 텍스트 마이닝 방법)

  • Choi, Sukjae;Lee, Jungwon;Kwon, Ohbyung
    • Journal of Intelligence and Information Systems
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    • v.23 no.3
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    • pp.119-138
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    • 2017
  • Recently, SNS has become an important channel for marketing as well as personal communication. However, cybercrime has also evolved with the development of information and communication technology, and illegal advertising is distributed to SNS in large quantity. As a result, personal information is lost and even monetary damages occur more frequently. In this study, we propose a method to analyze which sentences and documents, which have been sent to the SNS, are related to financial fraud. First of all, as a conceptual framework, we developed a matrix of conceptual characteristics of cybercriminality on SNS and emergency management. We also suggested emergency management process which consists of Pre-Cybercriminality (e.g. risk identification) and Post-Cybercriminality steps. Among those we focused on risk identification in this paper. The main process consists of data collection, preprocessing and analysis. First, we selected two words 'daechul(loan)' and 'sachae(private loan)' as seed words and collected data with this word from SNS such as twitter. The collected data are given to the two researchers to decide whether they are related to the cybercriminality, particularly financial fraud, or not. Then we selected some of them as keywords if the vocabularies are related to the nominals and symbols. With the selected keywords, we searched and collected data from web materials such as twitter, news, blog, and more than 820,000 articles collected. The collected articles were refined through preprocessing and made into learning data. The preprocessing process is divided into performing morphological analysis step, removing stop words step, and selecting valid part-of-speech step. In the morphological analysis step, a complex sentence is transformed into some morpheme units to enable mechanical analysis. In the removing stop words step, non-lexical elements such as numbers, punctuation marks, and double spaces are removed from the text. In the step of selecting valid part-of-speech, only two kinds of nouns and symbols are considered. Since nouns could refer to things, the intent of message is expressed better than the other part-of-speech. Moreover, the more illegal the text is, the more frequently symbols are used. The selected data is given 'legal' or 'illegal'. To make the selected data as learning data through the preprocessing process, it is necessary to classify whether each data is legitimate or not. The processed data is then converted into Corpus type and Document-Term Matrix. Finally, the two types of 'legal' and 'illegal' files were mixed and randomly divided into learning data set and test data set. In this study, we set the learning data as 70% and the test data as 30%. SVM was used as the discrimination algorithm. Since SVM requires gamma and cost values as the main parameters, we set gamma as 0.5 and cost as 10, based on the optimal value function. The cost is set higher than general cases. To show the feasibility of the idea proposed in this paper, we compared the proposed method with MLE (Maximum Likelihood Estimation), Term Frequency, and Collective Intelligence method. Overall accuracy and was used as the metric. As a result, the overall accuracy of the proposed method was 92.41% of illegal loan advertisement and 77.75% of illegal visit sales, which is apparently superior to that of the Term Frequency, MLE, etc. Hence, the result suggests that the proposed method is valid and usable practically. In this paper, we propose a framework for crisis management caused by abnormalities of unstructured data sources such as SNS. We hope this study will contribute to the academia by identifying what to consider when applying the SVM-like discrimination algorithm to text analysis. Moreover, the study will also contribute to the practitioners in the field of brand management and opinion mining.

Review of 2011 Major Medical Decisions (2011년 주요 의료 판결 분석)

  • Yoo, Hyun-Jung;Seo, Young-Hyun;Lee, Jung-Sun;Lee, Dong-Pil
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.199-247
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    • 2012
  • According to the review and analysis of medical cases that are assigned to the Supreme Court and all local High Court in 2011 and that are presented in the media, it was found that the following categories were taken seriously, medical and pharmaceutical product liability, the third principle of trust between medical institutions, negligence and causation estimation, responsibility limit, the meaning of medical records and related judgment of disturbed substantiation, Oriental doctors' duties to explain the procedures, IMS events, whether one can claim for each medical care operated by non-physician health care institutions to the nonmedical domain in the National Health Insurance Corporation, and the basis of norms for each claim. In the cases related to medical pharmaceutical product liability, Supreme Court alleviated burden of proof for accidents with medical and pharmaceutical products prior to the practice of Product Liability Law and onset the point of negative prescription as the time of damage strikes to condition feasibility of the specific situation. In the cases related to the 3rd principle of trust between medical institutions, the Supreme Court refused to sentence the doctor who has trusted the judgment of the same third-party doctors the violations of the care duty. With respect to proof of a causal relationship and damages in a medical negligence case, the Supreme Court decided that it is unjust to deny negligence by the materials of causal relationship rejecting the original verdict and clarified that the causal relationship shall not deny the reasons to limit doctors' responsibilities. In order not put burden on patients with disadvantages in which medical records and the description of the practice or the most fundamental and important evidence to prove negligence and causation are being neglected, the Supreme Court admitted in the hospital's responsibility for the case of the neonate death of suffocation without properly listed fetal heart rate and uterine contraction monitor. On the other hand, the Seoul Western District Court has admitted alimony for altering and forging medical records. With respect to doctors' obligations to description, the Supreme Court decided that it is necessary to explain the foreseen risks by the combination of oriental and western medicines emphasizing the right of patient's self-determination. However, questions have arisen whether it is realistically feasible or not. In a case of an unlicensed doctor performing intramuscular stimulation treatment (IMS), the Supreme Court put off its decision if it was an unlicensed medical practice as to put limitation of eastern and western medical practices, but it declared that IMS practice was an acupuncture treatment therefore the plaintiff's conduct being an illegal act. In the future, clear judgment on this matter should be made. With respect to the claim of bills from non-physical health care institutions, the Supreme Court decided to void it for the implementation of the arrangement is contrary to the commitments made in the medical law and therefore, it is invalid to claim. In addition, contrast to the private healthcare professionals, who are subject to redemption according to the National Healthcare Insurance Law, the Seoul High Court explicitly confirmed that the non-professionals who receive the tort operating profit must return the unjust enrichment and have the liability for damages. As mentioned above, a relatively wide range of topics were discussed in medical field of 2011. In Korea's health care environment undergoing complex changes day by day, it is expected to see more diverse and in-depth discussions striding out to the development in the field of health care.

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