• Title/Summary/Keyword: social consensus

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Review on the Justifiable Grounds for Withdrawal of Meaningless Life-sustaining Treatment -Based on a case of Supreme Court's Sentence No. 2009DA17417 (May 21, 2009)- (무의미한 연명치료 중단 등의 기준에 관한 재고 - 대법원 2009.5.21 선고 2009다17417사건 판결을 중심으로 -)

  • Moon, Seong-Jea
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.309-341
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    • 2009
  • According to a case of Supreme Court's Sentence No. 2009DA17417 (May 21, 2009), the Supreme Court judges that 'the right to life is the ultimate one of basic human rights stipulated in the Constitution, so it is required to very limitedly and conservatively determine whether to discontinue any medical practice on which patient's life depends directly.' In addition, the Supreme Court admits that 'only if a patient who comes to a fatal phase before death due to attack of any irreversible disease may execute his or her right of self-determination based on human respect and values and human right to pursue happiness, it is permissible to discontinue life-sustaining treatment for him or her, unless there is any special circumstance.' Furthermore, the Supreme Court finds that 'if a patient who is attacked by any irreversible disease informs medical personnel of his or her intention to agree on the refusal or discontinuance of life-sustaining treatment in advance of his or her potential irreversible loss of consciousness, it is justifiable that he or she already executes the right of self-determination according to prior medical instructions, unless there is any special circumstance where it is reasonably concluded that his or her physician is changed after prior medical instructions for him or her.' The Supreme Court also finds that 'if a patient remains at irreversible loss of consciousness without any prior medical instruction, he or she cannot express his or her intentions at all, so it is rational and complying with social norms to admit possibility of estimating his or her own intentions on withdrawal of life-sustaining treatment, provided that such a withdrawal of life-sustaining treatment meets his or her interests in view of his or her usual sense of values or beliefs and it is reasonably concluded that he or she could likely choose to discontinue life-sustaining treatment, even if he or she were given any chance to execute his or her right of self-determination.' This judgment is very significant in a sense that it suggests the reasonable orientation of solutions for issues posed concerning withdrawal of meaningless life-sustaining medical efforts. The issues concerning removal of medical instruments for meaningless life-sustaining treatment and discontinuance of such treatment in regard to medical treatment for terminal cases don't seem to be so much big deal when a patient has clear consciousness enough to express his or her intentions, but it counts that there is any issue regarding a patient who comes to irreversible loss of consciousness and cannot express his or her intentions. Therefore, it is required to develop an institutional instrument that allows relevant authority to estimate the scope of physician's medical duties for terminal patients as well as a patient's intentions to withdraw any meaningless treatment during his or her terminal phase involving loss of consciousness. However, Korean judicial authority has yet to clarify detailed cases where it is permissible to discontinue any life-sustaining treatment for a patient in accordance with his or her right of self-determination. In this context, it is inevitable and challenging to make better legislation to improve relevant systems concerning withdrawal of life-sustaining treatment. The State must assure the human basic rights for its citizens and needs to prepare a system to assure such basic rights through legislative efforts. In this sense, simply entrusting physician, patient or his or her family with any critical issue like the withdrawal of meaningless life-sustaining treatment, even without any reasonable standard established for such entrustment, means the neglect of official duties by the State. Nevertheless, this issue is not a matter that can be resolved simply by legislative efforts. In order for our society to accept judicial system for withdrawal of life-sustaining treatment, it is important to form a social consensus about this issue and also make proactive discussions on it from a variety of standpoints.

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A Study on the Effects of the Institutional Pressure on the Process of Implementation and Appropriation of System: M-EMRS in Hospital Organization (시스템의 도입과 전유 과정에 영향을 미치는 제도적 압력에 관한 연구: 병원조직의 모바일 전자의무기록 시스템을 대상으로)

  • Lee, Zoon-Ky;Shin, Ho-Kyoung;Choi, Hee-Jae
    • Asia pacific journal of information systems
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    • v.19 no.2
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    • pp.95-116
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    • 2009
  • Increasingly the institutional theory has been an important theoretical view of decision making process and IT adoption in many academic researches. This study used the institutional theory as a lens through which we can understand the factors that enable the effective appropriation of advanced information technology. It posits that mimetic, coercive, and normative pressures existing in an institutionalized environment could influence the participation of top managers or decision makers and the involvement of users toward an effective use of IT in their tasks. Since the introduction of IT, organizational members have been using IT in their daily tasks, creating and recreating rules and resources according to their own methods and needs. That is to say, the adaptation process of the IT and outcomes are different among organizations. The previous studies on a diverse use of IT refer to the appropriation of technology from the social technology view. Users appropriate IT through not only technology itself, but also in terms of how they use it or how they make the social practice in their use of it. In this study, the concepts of institutional pressure, appropriation, participation of decision makers, and involvement of users toward the appropriation are explored in the context of the appropriation of the mobile electronic medical record system (M-EMRS) in particularly a hospital setting. Based on the conceptual definition of institutional pressure, participation and involvement, operational measures are reconstructed. Furthermore, the concept of appropriation is measured in the aspect of three sub-constructs-consensus on appropriation, faithful appropriation, and attitude of use. Grounded in the relevant theories to appropriation of IT, we developed a research framework in which the effects of institutional pressure, participation and involvement on the appropriation of IT are analyzed. Within this theoretical framework, we formulated several hypotheses. We developed a second order institutional pressure and appropriation construct. After establishing its validity and reliability, we tested the hypotheses with empirical data from 101 users in 3 hospitals which had adopted and used the M-EMRS. We examined the mediating effect of the participation of decision makers and the involvement of users on the appropriation and empirically validated their relationships. The results show that the mimetic, coercive, and normative institutional pressure has an effect on the participation of decision makers and the involvement of users in the appropriation of IT while the participation of decision makers and the involvement of users have an effect on the appropriation of IT. The results also suggest that the institutional pressure and the participation of decision makers influence the involvement of users toward an appropriation of IT. Our results emphasize the mediating effect of the institutional pressure on the appropriation of IT. Namely, the higher degree of the participation of decision makers and the involvement of users, the more effective appropriation users will represent. These results provide strong support for institutional-based variables as predictors of appropriation. These findings also indicate that organizations should focus on the role of participation of decision makers and the involvement of users for the purpose of effective appropriation, and these are the practical implications of our study. The theoretical contribution of this study is lies in the integrated model of the effect of institutional pressure on the appropriation of IT. The results are consistent with the institutional theory and support previous studies on adaptive structuration theory.

Welfare States and Welfare Attitude: A Comparison of Sweden, France, US, and Korea (복지인식 구조의 국가간 비교 - 사민주의, 자유주의, 보수주의 복지국가와 한국 -)

  • Baek, Jeong-mi;Joo, Eun-sun;Kim, Eun-gi
    • Korean Journal of Social Welfare Studies
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    • no.37
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    • pp.319-344
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    • 2008
  • The Purpose of this study is to observe the existence of welfare attitude split between welfare regimes clique and to explore the effect of institutional(regime) characteristics on welfare attitude. And Second purpose is to find the characteristics of structure of welfare attitude and then to clarify the characteristics of welfare attitude in Korea. This work contribute to find the point of solidarity and split and to work out the strategical clues for constructing pro-welfare politics. To compare the attitude on the state responsibility about the welfare, Sweden, France, US, and Korea is selected. And the effect of sex, age, education level, income class, and labor status which are abstracted from existing welfare state comparative study are analyzed. The result show the difference in welfare attitude score between countries. The welfare attitude score is Sweden, France and US in order. the Score in Korea is lowest. In the case of the effect structure of welfare attitude between countries, there are no differences between Sweden and France. But the specific characteristics in US and Korea, are observed. And the effect structure of sex, class, labor status is equal in Sweden, France, and US. That is, women, people in low class, and people in low labor status more emphasize the state responsibility on the welfare. But the effect structure of age of US is different comparing other countries. In US, the old age is tend to less support the state responsibility. The education level operate as the effect factor in only US. And Korea show the different effect structure on the welfare attitude. This understanding about structure of welfare consciousness become the basis to construct the strategy for welfare state by proposing the point of consensus and conflict to conversion of welfare paradigm.

A Study on the Rational Improvement of the Regulation and System about Embryo Preservation (배아 보존에 관한 합리적 제도 개선을 위한 연구)

  • Baik, Sujin;Moon, Hannah;Park, Inkyoung;Cha, Seunghyun;Park, Joonseok;Lee, Gyeonghun;Park, Chun-seon;Cho, Heesoo;Kim, Myung-Hee
    • The Korean Society of Law and Medicine
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    • v.22 no.3
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    • pp.57-95
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    • 2021
  • Korea's period for preservation of embryos is up to five years (the Bioethics Act). However, the study reviewed domestic and foreign laws and drew issues due to the recent demand that the development of related science and technology and the period limitation limit the rights of consent holder for embryo production. the first issue is that preserved embryos are intended for pregnancy, and it is important to ensure that the autonomy of the consent holder is protected through careful consideration based on information such as scientific evidence. the second is that regulations regarding the obligation to manage embryonic preservation institutions are needed. the third is to create a social atmosphere in which embryo creation, preservation, and disposal take place in a minimum range, considering the special status of embryos. based on this issue, the first of the proposals for rational improvement of the regulation and system about embryo preservation is the introduction of an environment in which sufficient explanation and appropriate consent can be exercised and to extend the reasons for the extension of the period, rather than specifying the specific period in law. the second is that institutionalization is necessary considering not only the obligation to manage preservation institutions but also the overall site, such as concerns that may arise as a result. lastly, we propose the introduction of a management method considering the future use of embryos, such as transfer to provide research purposes and donation of pregnancy purposes by others. this process should be a method of sufficient social discussion and consensus, as well as a general consideration of the family relationship with the born child.

An Qualitative Study on Correctional institution Counselors' Perception of Ex-Offender's Experience regarding Reintegration into Family (수감자의 출소 후 가족복귀 경험에 관한 교정기관 상담자의 인식)

  • Dong Hun Lee ;Su Eun Kang ;Seung Hee Jee
    • Korean Journal of Culture and Social Issue
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    • v.22 no.4
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    • pp.595-622
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    • 2016
  • This study aims to understand the process of family reunion of the ex-offenders. To this end, Korea Rehabilitation Agency under Ministry of Justice and Healthy Family Support Center conducted intensive interviews with ex-offenders, their families and with 8 counselors who are in charge of ex-offenders and their families' residential, psychological, and educational support. The data collected through the interviews were analyzed by Consensus Qualitative Research(COR). The followings are the results: the counselors found out that most of ex-offenders had experienced unhappy childhood which was lack of healthy relationship with their parents. Secondly, counselors noticed a common feature among the families of ex-offenders. The common feature was that they keep the fact that one of their parents was imprisoned to their children as a secret. Thirdly, through the data analysis, counselors could understand various factors that affect reunion of ex-offenders' families: the factors that helped successful reunion were ex-offenders' sense of responsibility, open and healthy communication among family members, and mutual understanding of being a good family member, whereas, irresponsible dependance to other family members, denier and avoidance from the family members against ex-offenders, and lost sense of being a family member were the factors that discouraged the reunion. It turned out that the kinds of crime that ex-offenders committed also affected family reunion. The processes of reunion were easier for those who served their time with fraud, embezzlement, whereas, it was much more challenging for those who served their time with rape, violence, or murder. Fourthly, counselors learned that "relaxation" is the key factor in the process of reunion of ex-offenders' families. They also emphasized that there should be thorough monitoring process before the intervention in the reunion process. This study contributes in terms of finding healthy ways of intervention with ex-offenders' families and developing programs that help ex-offenders to recover their relationship with their family.

A Research on the Regulations and Perception of Interactive Game in Data Broadcasting: Special Emphasis on the TV-Betting Game (데이터방송 인터랙티브 게임 규제 및 이용자 인식에 관한 연구: 승부게임을 중심으로)

  • Byun, Dong-Hyun;Jung, Moon-Ryul;Bae, Hong-Seob
    • Korean journal of communication and information
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    • v.35
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    • pp.250-291
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    • 2006
  • This study examines the regulatory issues and introduction problems of TV-betting data broadcasts in Korea by in-depth interview with a panel group. TV-betting data broadcast services of card games and horse racing games are widely in use in Europe and other parts of the world. In order to carry out the study, a demo program of TV-betting data broadcast in the OCAP(OpenCableTM Application Platform Specification) system environment, which is the data broadcasting standard for digital cable broadcasts in Korea was exposed to the panel group and then they were interviewed after watching and using the program. The results could be summarized as below. First of all, while TV-betting data broadcasts have many elements of entertainment, the respondents thought that it would be difficult to introduce TV-betting in data broadcasts as in overseas countries largely due to social factors. In addition, in order to introduce TV-betting data broadcasts, they suggested that excessive speculativeness must be suppressed through a series of regulatory system devices, such as by guaranteeing credibility of the media based on safe security systems for transactions, scheduling programs with effective time constraints to prevent the games from running too frequently, limiting the betting values, and by prohibiting access to games through set-top boxes of other data broadcast subscribers. The general consensus was that TV-betting could be considered for gradual introduction within the governmental laws and regulations that would minimize its ill effects. Therefore, the government should formulate long-term regulations and policies for data broadcasts. Once the groundwork is laid for safe introduction of TV-betting on data broadcasts within the boundary of laws and regulations, interactive TV games are expected to be introduced in Korea not only for added functionality of entertainment but also for far-ranging development of data broadcast and new media industries.

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Factors associated with the attitude of South Korean adults toward food aid to North Korea (남한 성인의 대북식량지원에 대한 태도 관련 요인)

  • Nam, Youngmin;Yoon, Jihyun
    • Journal of Nutrition and Health
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    • v.53 no.2
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    • pp.215-229
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    • 2020
  • Purpose: This study examines the attitude of South Korean adults toward food aid to North Korea and factors associated with it. Methods: An online survey involving 1,000 adults aged 19-69 years was conducted between September-October 2019. Throughout South Korea, the subjects were proportionally distributed with respect to gender, age, and region, to represent South Korean adults. Results: A total of 44.6% of the respondents agreed (Agreement group), 36.7% disagreed (Disagreement group), and 18.7% neither agreed nor disagreed to food aid to North Korea. Compared to the Disagreement group, the Agreement group had a higher concern of food aid to North Korea and a more positive perception on the effect of it. The Agreement group selected "direct assistance from the government" whereas the Disagreement group chose "support through international organizations" as the most appropriate channel for food aid to North Korea. Logistic regression analysis revealed that South Korean adults showing a more positive perception on the effect of food aid to North Korea were more likely to agree to the aid (odds ratio [OR], 19.32). Moreover, compared to the conservatives, the progressives were more likely to agree to food aid to North Korea (OR, 5.94). South Korean adults in their 40-50s were more likely to agree to food aid to North Korea than those in their 20-30s (OR, 2.81). South Korean adults with a higher concern of food aid to North Korea (OR, 3.93) and a greater positive perception on Korean unification (OR, 1.88) were more likely to agree to food aid to North Korea. Conclusion: The most important factor associated with the attitude of South Korean adults toward food aid to North Korea was their perception on the subsequent effect. As strategies to draw social consensus on food aid to North Korea, we recommend systematizing the monitoring process on the effect of providing food aid to North Korea and informing the public of the outcomes.

A Basic Study to Establish a Framework Act on Landscape Architecture (조경 기본법 제정을 위한 기초 연구)

  • Shin, Ick-Soon;Koo, Bon-Hak;Byeon, Jae-Sang
    • Journal of the Korean Institute of Landscape Architecture
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    • v.39 no.6
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    • pp.86-97
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    • 2011
  • This study analyzed the necessity of the tentatively-named "Framework Act on Landscape Architecture" as an umbrella law in the field of landscape architecture regarding legal, industrial, and academic aspects and is intended to provide basic data to suggest the optimal legal system and legislative proceedings to control it. This study can be summarized as follows: First, a form of framework act on landscape architecture is appropriate for a compromise between ideal type and political framework. Some content is suitable for proclamatory character including present and future issue related to the landscape architecture fields. Second, legislative proceedings are more reasonable as motions coming from assembly proposals rather than government. Motions by assembly proposal recommend the following procedure: submission of a legislative bill by an assemblyperson, passing of a permanent commission, review by government, leading approval by emphasis on correspondence with the principle to carry out government affairs, proclamation. Third, a frame based on content and form can be made up of a total of 7 chapters 34 articles. The function must include the following: the suggestion of direction for government policy, the systematization of the institution and what it includes, the control of government administration, a public service system regarding public relations for landscape architecture and so on. The results of this study will form a social consensus about the necessity of a framework act regarding landscape architecture fields and contribute to informing the importance of landscape architecture as related to other industrial fields.

The Effects of Female Wage on Fertility in Korea (여성의 임금수준이 출산율에 미치는 영향 분석)

  • Kim, Jungho
    • KDI Journal of Economic Policy
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    • v.31 no.1
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    • pp.105-138
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    • 2009
  • Although the decline in fertility rate is generally observed along the history of economic development throughout the world, the continuing decline hitting below the replacement level in Korea over the recent years gathered serious social concerns on the ground that it accelerates the process of population aging. The total fertility rate in Koreareached 2.08 in 1983, and gradually fell to the levels of 1.08 in 2005 and 1.26 in 2007. The policy debate over the role of the government has been focused mainly on the level of theoretical discussion without substantial basis on firm empirical evidence and the determinants of fertility. The objective of the paper is to empirically investigate the fertility effect of the female wage, which is understood as one of the most important determinants of fertility in Koreasince 1980 focusing on one aspect of fertility, namely birth spacing. Using the Korean National Fertility Survey conducted in 2006, I estimate a duration model of first and second births taking into account individual heterogeneity, which turned out to be an important factor to control for. Compared with previous studies in the literature on the Korean fertility, the study has an advantage of using the complete pregnancy history of women in a more representative sample. Unlike the previous studies, the analysis also deals with the endogeneity of marriage by treating a certain age, rather than age at marriage, as the time in which a woman becomes exposed to the risk of pregnancy. The study shares the common problem in the literature on birth spacing of lacking relevant wage information for respondents in a retrospective survey. I estimate the wage series as a function of the basic characteristics using the annual Wage Structure Survey from 1980 to 2005, which is considered as a nationally representative sample for wage information of employees. The results suggest that the increase in female wage by 10 percent leads to a decrease in second birth hazard by 0.56~0.92 percentage points and that the increase in spouse's wage by the equal amount is accompanied by the increase in second birth hazard by 0.36~1.13 percentage points. These estimates are more precisely estimated and of smaller magnitude than those presented by the previous studies. The results are robust to the different specifications of the wage equation. The simulation analysis based on the predicted values shows that about 17% of the change in the second birth hazard over the period 1980 to 2005 was due to the change in the female wage. Although there is some limitation in data, the results can be viewed as one estimate of the role of female wage on the recent fertility decline in Korea. The question raised by the paper is not a normative one of whether a government should promote childbearing but a positive one thatexplains fertility decline. Therefore, if there is a wide consensus on promoting childbearing, the finding suggests that the policies designed to reduce the opportunity cost of women in the labor market would be effective. The recent movement of implementing a wide range of family-friendly policies including child care support, maternity leave, parental leave and tax benefit in developed countries should be understood in this context.

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The Standard of Judgement on Plagiarism in Research Ethics and the Guideline of Global Journals for KODISA (KODISA 연구윤리의 표절 판단기준과 글로벌 학술지 가이드라인)

  • Hwang, Hee-Joong;Kim, Dong-Ho;Youn, Myoung-Kil;Lee, Jung-Wan;Lee, Jong-Ho
    • Journal of Distribution Science
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    • v.12 no.6
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    • pp.15-20
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    • 2014
  • Purpose - In general, researchers try to abide by the code of research ethics, but many of them are not fully aware of plagiarism, unintentionally committing the research misconduct when they write a research paper. This research aims to introduce researchers a clear and easy guideline at a conference, which helps researchers avoid accidental plagiarism by addressing the issue. This research is expected to contribute building a climate and encouraging creative research among scholars. Research design, data, methodology & Results - Plagiarism is considered a sort of research misconduct along with fabrication and falsification. It is defined as an improper usage of another author's ideas, language, process, or results without giving appropriate credit. Plagiarism has nothing to do with examining the truth or accessing value of research data, process, or results. Plagiarism is determined based on whether a research corresponds to widely-used research ethics, containing proper citations. Within academia, plagiarism goes beyond the legal boundary, encompassing any kind of intentional wrongful appropriation of a research, which was created by another researchers. In summary, the definition of plagiarism is to steal other people's creative idea, research model, hypotheses, methods, definition, variables, images, tables and graphs, and use them without reasonable attribution to their true sources. There are various types of plagiarism. Some people assort plagiarism into idea plagiarism, text plagiarism, mosaic plagiarism, and idea distortion. Others view that plagiarism includes uncredited usage of another person's work without appropriate citations, self-plagiarism (using a part of a researcher's own previous research without proper citations), duplicate publication (publishing a researcher's own previous work with a different title), unethical citation (using quoted parts of another person's research without proper citations as if the parts are being cited by the current author). When an author wants to cite a part that was previously drawn from another source the author is supposed to reveal that the part is re-cited. If it is hard to state all the sources the author is allowed to mention the original source only. Today, various disciplines are developing their own measures to address these plagiarism issues, especially duplicate publications, by requiring researchers to clearly reveal true sources when they refer to any other research. Conclusions - Research misconducts including plagiarism have broad and unclear boundaries which allow ambiguous definitions and diverse interpretations. It seems difficult for researchers to have clear understandings of ways to avoid plagiarism and how to cite other's works properly. However, if guidelines are developed to detect and avoid plagiarism considering characteristics of each discipline (For example, social science and natural sciences might be able to have different standards on plagiarism.) and shared among researchers they will likely have a consensus and understanding regarding the issue. Particularly, since duplicate publications has frequently appeared more than plagiarism, academic institutions will need to provide pre-warning and screening in evaluation processes in order to reduce mistakes of researchers and to prevent duplicate publications. What is critical for researchers is to clearly reveal the true sources based on the common citation rules and to only borrow necessary amounts of others' research.