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Current Development of Company Law in the European Union (유럽주식회사법의 최근 동향에 관한 연구)

  • Choi, Yo-Sop
    • Journal of Legislation Research
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    • no.41
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    • pp.229-260
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    • 2011
  • European Union (EU) law has been a complex but at the same time fascinating subject of study due to its dynamic evolution. In particular, the Lisbon Treaty which entered into force in December 2009 represents the culmination of a decade of attempts at Treaty reform and harmonisation in diverse sectors. Amongst the EU private law fields, company law harmonisation has been one of the hotly debated issues with regards to the freedom of establishment in the internal market. Due to the significant differences between national provisions on company law, it seemed somewhat difficult to harmonise company law. However, Council Regulation 2157/2001 was legislated in 2001 and now provides the basis for the Statute for a European Company (or Societas Europaea: SE). The Statute is also supplemented by the Council Directive 2001/86 on the involvement of employees. The SE Statute is a legal measure in order to contribute to the internal market, and provides a choice for companies that wish to merge, create a joint subsidiary or convert a subsidiary into an SE. Through this option, the SE became a corporate form which is only available to existing companies incorporated in different Member States in the EU. The important question on the meaning of the SE Statute is whether the distinctive characteristics of the SE make it an attractive option to ensure significant numbers of SE registration. In fact, the outcome that has been made through the SE Statute is an example of regulatory competition. The traditional regulatory competition in the freedom of establishment has been the one between national statutes between Member States. However, this time is not a competition between Member States, which means that the Union has joined the area in competition between legal orders and is now in competition with the systems of company law of the Member States.Key Words : European Union, EU Company Law, Societas Europaea, SE Statute, One-tier System, Two-tier System, Race to the Bottom A quite number of scholars expect that the number of SE will increase significantly. Of course, there is no evidence of regulatory competition that Korea faces currently. However, because of the increasing volume of international trade and expansion of regional economic bloc, it is necessary to consider the example of development of EU company law. Addition to the existing SE Statute, the EU Commission has also proposed a new corporate form, Societas Private Europaea (private limited liable company). All of this development in European company law will help firms make their best choice for company establishment. The Delaware-style development in the EU will foster the race to the bottom, thereby improving the contents of company law. To conclude, the study on the development of European company law becomes important to understand the evolution of company law and harmonisation efforts in the EU.

Issues Involving the Relationship between Religion and the Anti-Japanese Independence Movement: A Case Study of Mugeukdo (종교와 항일독립운동, 그리고 쟁점 - 무극도 사례를 중심으로 -)

  • Ko, Byoung-chul
    • Journal of the Daesoon Academy of Sciences
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    • v.35
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    • pp.39-71
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    • 2020
  • Ever since gaining liberation in 1945, Korean society has constantly recalled memories of Japan's invasion and Korea's anti-Japanese movements for an independent state (AMIS). In the process, a small number of new religious groups were also identified as main subjects within AMIS. However, the logic necessary to connect these religious groups with AMIS was still weak. In order to solve this situation academically, the purpose of this article is to illuminate the activities of Mugeukdo (無極道) and Jo Jeongsan (趙鼎山) through the lens of AMIS and to reflect on the issues that will arise when linking the religion with AMIS. Regarding this purpose, this article analyzed the internal and external data collected by Daesoon Jinrihoe (大巡眞理會) about Jo Jeongsan and Mugeukdo's activities linked to AMIS. Later, this paper presents several tasks for future research on this subject matter. Specifically, according to Chapter II, the AMIS of Jo Jeongsan and Mugeukdo were generally centered on resistance at the family level, Jo Jeongsan's order to participate in the March 1st Movement, and Mugeukdo's industrial activities. In Chapter III, I reviewed the contents of Chapter II using Daesoon Jinrihoe's external materials. According to the results of the review, future research is required to discover and cross-check materials related to the AMIS of Jo Jeongsan and Mugeukdo believers. Likewise, further research is needed to highlight the theory of the enthronement of emperor (天子登極說) and the Great Opening of the later world (後天開闢) in terms of AMIS. These efforts can make contributions that increase the credibility of Daesoon Jinrihoe's internal data on the AMIS of Jo Jeongsan and Mugeukdo and expand the periphery of AMIS as it relates to certain religious groups. Subsequently, in Chapter IV, I present three items for reflecting upon the connection between certain religious groups and AMIS. The first is that criteria for establishing the category of AMIS is necessary to determine whether religious activities can be included. Second, reductionist approaches make it difficult to explain the reasons why some of the people who participated in AMIS did so while forming 'new religious movements,' and why these groups have maintained their religious identity even after liberation was achieved in 1945. Third, it is necessary to distinguish between the primary and the secondary dimensions to elaborate on the connection between these religions and AMIS. This means that researchers should be expected to look at whether the activities in question are based on a religious worldview and whether the goal of the activities is the realization of AMIS or the implementation of some aspect of that religious worldview. In the future, considering the mechanisms that make AMIS memorable in Korea, religious groups and religious studies should take greater interest in discovering and accumulating data that facilitates research on these topics. At the same time, effort should be made to find the basis for AMIS within religious worldviews. It can also be made possible through specific interest in further elaboration on the various AMIS-related activities of Jo Jeongsan and Mugeukdo.

The effect of dental hygiene students' knowledge and attitude toward the elderly on the discrimination of the elderly (치위생학과 학생들의 노인에 대한 지식 및 태도가 노인차별주의에 미치는 영향)

  • Young-Sun Kim;Jung-Hwa Lee
    • Journal of Korean Dental Hygiene Science
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    • v.6 no.2
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    • pp.129-139
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    • 2023
  • Background: The elderly population aged 65 or older in Korea is expected to continue to increase to 18.4% in 2023, and to enter a super-aged society at 20.6% in 2025. In clinical practice, the elderly discrimination of dental hygienists may experience difficulties during dental hygiene treatment due to an increase in the number of elderly patients due to aging, which can lead to maladjustment to work and turnover, so education on the understanding of the elderly is essential for students in the Department of Dentistry, who are prospective dental hygienists. Accordingly, a study was conducted to prepare for a super-aged society by studying the relationship between elderly discrimination and the knowledge and attitudes of the elderly, and to change the curriculum of universities and develop programs related to the elderly. Method: 204 students enrolled in the Department of Dentistry in D area were analyzed using the SPSS/WIN 25.0 program. The subject's geriatric discrimination, knowledge about the elderly, and attitude toward the elderly were calculated as the mean and standard deviation. T-test and one-way ANOVA were performed to verify the difference in geriatric discrimination according to the general characteristics of the subject, with a Scheffe' test applied for post-hoc analysis. Correlation analysis was conducted on the subject's geriatric discrimination, knowledge about the elderly, and attitudes toward the elderly. Results: Geriatrics scored 2.03±0.36 out of 4. Knowledge about the elderly was categorized as follows: physical domain 0.57±0.15; social domain 0.36±0.17; and psychological domain 0.35±0.20. The attitude toward the elderly was 3.86±0.27. Knowledge of the elderly averaged 11.27±3.30 points out of 25. The question with the highest percentage of correct answers to knowledge about the elderly was 'physical strength tends to decrease with age', which was 93.1%. The attitude toward the elderly according to the general characteristics of the study subjects showed significant differences in gender (p=0.040), age (p=0.026), and life experience with grandparents (p=0.001). The elderly discrimination of the study subjects showed a negative correlation in both attitude and knowledge toward the elderly, and among the elderly discrimination, there was a high positive correlation with regard to emotional avoidance (r=.892, p<0.001). Conclusion: College students are the leading players in caring for the elderly and are directly affected by aging social problems. Therefore, it is considered necessary to apply various programs in the state, society, and educational institutions to avoid negative prejudices that lead to positive thinking and discrimination against the elderly.

Disaster and Artistic Measures: Hermann Josef Hack's Project of World Climate Refugee Camp (재난과 미술적 대응: 헤르만 조셉 하크(Hermann Josef Hack)의 기후난민 프로젝트)

  • Kim, Hyang-Sook
    • The Journal of Art Theory & Practice
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    • no.14
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    • pp.53-83
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    • 2012
  • This thesis is a study of artistic measures and climate refugees, based on Hack's World Climate Refugee Camp project. According to Hack, climate refugees appeared with the process of globalization. Hack claimed that the people who put climate refugees in danger are the industrialized nations, and therefore, their rejection of refugees is nonsense. He also stated that the fundamental solution would be the active participation of such nations. Thus, he travels around the world, encouraging participants and globalizing his project. Interestingly, the practical participation method of his climate calamity project is divided into four methods, which are all related to realizing the danger and presenting various solutions. First, the aesthetic of survival: the reason Hack focused on the warming trend and claimed that we have to accept the climate refugees as refugees comes from the thought that we are all potential refugees, and the anxiety that climate refugees may cause war in the end. The solution Hack found for surviving in such a world is to create "refugee camps" to notify people about the seriousness of climate change, and to put the "aesthetic for survival" in action. Second, a relation-oriented relationship: communication between Hack and the participants was done in various ways. They are experiencing a bond and emotions of an interrelationship through their actions in the experimental field, experiencing a new form of art, which they were not able to experience in a museum. Third, a utopian measure: Hack's utopian measure started from the fear of dystopia but Hack still believes that it is not only a dream, but that it can be realized. He claims that even though the start may be feeble, it is possible to rescue children from starvation and to treat climate refugees as proper human in the end, when communication and cooperation is done the right way and properly. Fourth, the aesthetic of global relation, the internet: the new solution Hack is trying on the internet is to make more people participate in his project. It is fate that "human are the wrongdoer and the victim at the same time", but according to Hack's opinion, social disaster can be avoided through effort and it is optimistic that we can give form to the culture revolution we are experiencing now. Hack's project illustrated the importance of daily life, compared to art inside a museum, through active participation of the people and opened up a new method of art through realistic responses to disasters. This is distinctive from the past exhibitions, where artists gave shape and form to ideals and an imaginary world, in that it shows that the artist and audience aim for creating a community-like structure, just like Bourriaud's art method. Hack's project of climate calamity illustrates that installation and action art is not only an art genre which shows installation and activities, but that it can include social and political issues and that it can be completed with the help of participants, consequently becoming a genre of modern art. Hack raises a question about art's identity through various descriptions. Artists as planners, who base their artworks on their subjectivity or the characteristics of a specific period, the people as participants, the duet of art work and play, human and human, and further, human and nature. The practical participation method, as a measure for "disaster", reveals the new art of the 21st century within Hack's artworks. Even though there are several problems with Hack's usage of art as a measure for disaster, it will actively open up a new page for the 21st century's art with the theme of disaster.

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A Survey on the Actual State of Laboratory Facilities and Equipments at Nursing Schools (간호교육기관의 실험실습설비 보유실태 조사)

  • Lim, N.Y.;Lee, S.O.;Suh, M.J.;Kim, H.S.;Kim, M.S.;Oh, K.O.
    • The Korean Nurse
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    • v.36 no.1
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    • pp.108-117
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    • 1997
  • This study was carried out to examine the standards for evaluation of laboratory facilities and equipment. These constitute the most important yet vulnerable area of our system of higher education among the six school evaluation categories provided by the Korean Council for University Education. To obtain data on the present situation of holdings and management of laboratory facilities and equipment at nursing schools in Korea, questionnaires were prepared by members of a special committee of the Korea Nursing Education Society on the basis of the Standards for University Laboratory Facilities and Equipment issued by the Ministry of Education. The questionnaires were sent to nursing schools across the nation by mail on October 4, 1995. 39 institutions completed and returned the questionnaires by mail by December 31 of the same year. The results of the analysis of the survey were as follows: 1. The Physical Environment of Laboratories According to the results of investigation of 14 nursing departments at four-year colleges, laboratories vary in size ranging from 24 to 274.91 pyeong ($1{\;}pyeong{\;}={\;}3.3m^2).$. The average number of students in a laboratory class was 46.93 at four-year colleges, while the number ranged from 40 to 240 in junior colleges. The average floor space of laboratories at junior colleges, however, was almost the same as those, of laboratories at four-year colleges. 2. The Actual State of Laboratory Facilities and Equipment Laboratory equipment possessed by nursing schools at colleges and universities showed a very wide distribution by type, but most of it does not meet government standards according to applicable regulations while some types of equipment are in excess supply. The same is true of junior colleges. where laboratory equipment should meet a different set of government standards specifically established for junior colleges. Closer investigation is called for with regard to those types of equipment which are in short supply in more than 80 percent of colleges and universities. As for the types of equipment in excess supply, investigation should be carried out to determine whether they are really needed in large quantities or should be installed. In many cases, it would appear that unnecessary equipment is procured, even if it is already obsolete, merely for the sake of holding a seemingly impressive armamentarium. 3. Basic Science Laboratory Equipment Among the 39 institutions, five four-year colleges were found to possess equipment for basic science. Only one type of essential equipment, tele-thermometers, and only two types of recommended equipment, rotators and dip chambers, were installed in sufficient numbers to meet the standards. All junior colleges failed to meet the standards in all of equipment categories. Overall, nursing schools at all of the various institutions were found to be below per in terms of laboratory equipment. 4. Required Equipment In response to the question concerning which type of equipment was most needed and not currently in possession, cardiopulmonary resuscitation (CPR) machines and electrocardiogram (ECG) monitors topped the list with four respondents each, followed by measuring equipment. 5. Management of Laboratory Equipment According to the survey, the professors in charge of clinical training and teaching assistants are responsible for management of the laboratory at nursing schools at all colleges and universities, whereas the chief of the general affairs section or chairman of the nursing department manages the laboratory at junior colleges. This suggests that the administrative systems are more or less different. According to the above results, laboratory training could be defined as a process by which nursing students pick up many of the nursing skills necessary to become fully qualified nurses. Laboratory training should therefore be carefully planned to provide students with high levels of hands-on experience so that they can effectively handle problems and emergencies in actual situations. All nursing students should therefore be thoroughly drilled and given as much on-the-job experience as possible. In this regard, there is clearly a need to update the equipment criteria as demanded by society's present situation rather than just filling laboratory equipment quotas according to the current criteria.

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The Study on the Protection and Actual Condition of Using the Dental X-ray Unit (치과진단용 X선발생장치의 이용 실태 및 방어에 관한 연구)

  • Kang, Eun-Ju;Yoo, Beong-Gyu
    • Journal of radiological science and technology
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    • v.23 no.2
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    • pp.43-54
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    • 2000
  • This paper will present the result of research which was done with 201 places on the actual condition of using dental diagnostic radiography unit and the protection of radiography. The purpose of this paper is to comprehend the actual condition of using dental x-ray unit and to protect when they do radiation work. Moreover this paper was completed to prepare basic materials that could be helpful to reduce the exposure from radiation. This paper obtains the following result. 1. On radiation photographing work in the dentist office, 50.3% of dental hygienists treat this job, and 19.2% of assistants, 10.8% of dentists, 5.6% of radiolotechnologists and 4.2% others performed this job. 2. The case that radiation worker is educated about diagnostic radiography safety supervision has been shown 14.4% and uneducated case has been shown 78.1%. 3. The result about the actual condition of using the oral diagnostic radiation per day was that a number of film which take photograph again (less than 1 exposure) was 40.3%. Normal photographing($1{\sim}10$ exposure) was 85.1% which is the highest percentage. Using the bitewing film and occlusal film was 7.0%, and 12.4% respectively. The percent that they use cephalo film and panoramic film was 16.4% 29.8% respectively. 4. Dental intra diagnostic radiography unit made in $1996{\sim}2000$ was 24.9% and the one made in $1991{\sim}1995$ was 19.9%, in $1986{\sim}1990$ was 19.9%, in 1985 was 9.5% according to the answer. On kVp, they use 60 kVp mostly(61.7%) and On mA, they use 10 mA with the highest percent(66.7%). On the dental extra diagnostic radiography units which are used for doing the extra oral radiography, the one made in $1996{\sim}2000$ was 13.4%, in $1991{\sim}1995$ was 9.5%, in $1985{\sim}1990$ was 2.0% according to the answer. They use $71{\sim}80\;kVp$ with 10.9% and $60{\sim}75\;kVP$ with 9.5%. They use less than 10 mA with 19.4% and $11{\sim}15\;mA$ with 2.5%. $16{\sim}20\;mA$ with 1.5%. But the case they exactly do not know how much mA they use or they do not have any mA was 76.6%. 5. General characteristics and the part of protection through the protective equipment by operator are completed with 89.1%. They have shown the similar difference in the relationship with age(p<0.001), experience(p<0.05) and in-patient(p<0.05). 6. When they take photographs of radiation with general quality, how far they keep the proper distance from the cone is as follows, Keeping safe distance is 12.9% according to the answer with the low percent. This result is similar with the difference related in experience(p<0.05) and work(p<0.05), the area of working(p<0.05) and in-patient(p<0.05). 7. The answer about the question-if they hold the tube head when they take photographs with general characteristics is as follows. The answer that they never hold the tube head and cone occupies 62.7% with the highest percent. It is shown the similar difference with age(p<0.05). 8. According to the study that they put on dosimeter with general characteristics is as follows. 64.7% has never put on the dosimester with the highest percent. 33.8% showed similar differences with experience(p<0.05), work(p<0.001), the area of work(p<0.005)and in-patient(p<0.001).

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Passenger's Right to Compensation in relation to Delayed Flights - From the perspective of EU case law - (운항지연에 따른 승객의 보상청구권 - EU 및 프랑스 판례를 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.30 no.2
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    • pp.249-277
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    • 2015
  • Regulation (EC) No 261/2004 ("Regulation") is a common rule on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. In some recent cases of European nations, passengers sued the air carrier in order to obtain monetary compensation under Article 7(1) of the Regulation. Some courts dismissed the actions on the grounds that, unlike denied boarding or cancellation of the flight, the Regulation provides no compensation in relation to delayed flights. However, Court of Justice of the European Union(CJEU) ruled that Regulation 261/2004 must be interpreted to mean that passengers whose flights are delayed have a right to compensation in cases when the loss of time is equivalent to, or is in excess of three hours - where the passengers eventually reached their final destination three hours or more later than the originally scheduled arrival time. It is true that a strict interpretation of the regulation would suggest that passengers whose flight has merely been delayed are not entitled to compensation. They should only be offered assistance in accordance with the Articles 6 and 9. Nevertheless, the Court recognized the same right to the same compensation for passengers of flights delayed by more than three hours as that explicitly provided for passengers of cancelled flights. On the one hand, the Court bases this ruling on the recitals of the Regulation, in which the legislature links the question of compensation to that of a long delay, while indicating that the Regulations seek to ensure a high level of protection for passengers regardless of whether they are denied boarding or their flight is cancelled or delayed. On the other hand, the Court interprets the relevant provisions of the Regulation in light of the general principle of equal treatment. Furthermore, the Court delivered a ruling that the loss of time inherent in a flight delay, which constitutes an inconvenience within the intention of Regulation No 261/2004 and which cannot be categorized as 'damage occasioned by delay' within the meaning of Article 19 of the Montreal Convention, cannot come within the scope of Article 29 of that convention. Consequently, under this view, the obligation under Regulation No 261/2004 intended to compensate passengers whose flights are subject to a long delay is in line with Article 29 of the Montreal Convention. Although the above interpretation of the Court can be a analogical interpretation, the progressive attitude of the Regulation and the view of Court forward to protect passengers' interest is a leading role in the area of international air passenger transportation. Hopefully, after the model of the positive support in Europe, Korea can establish a concrete rule for protecting passengers' right and interest.

A Study on the Attraction Factors of Eco-city using Importance-Satisfaction Analysis - The Case of Suncheon City - (중요도-만족도(ISA) 분석을 활용한 생태도시 매력요인에 관한 연구 - 전남 순천시를 대상으로 -)

  • Lee, Jeong;Kim, Sa-Rang
    • Journal of the Korean Institute of Landscape Architecture
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    • v.42 no.2
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    • pp.52-64
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    • 2014
  • I the recent years, Seoul, Daejeon, Changwon, and Suncheon have started to strengthen P.R. efforts on eco-brands produced by the city and to publicize as a specialized tourist city in an attempt to change their identity and image. However, there is actually a question whether the efforts of the local governments have any direct impact on satisfaction with urban living environments and the attractions of the city. The purpose of this study was to examine the awareness of residents and visitors about the attractions of Suncheon City as an eco-city and to discuss the planning criteria for the eco-city brand building and its management. The research data was collected in Suncheon City and main results of this study are as follows. The residents and the visitors investigated were satisfied with the environmental friendliness of this city and regarded it as an eco-city. As a result of asking them why they viewed the city as an eco-city, many of the residents cited diverse green tracts of land as the reason, whereas the visitors replied they were satisfied with the state of marshy areas preserved by the city. The psychological factors related to the satisfaction of the eco-city by the residents were composed of four factors, 'cultural factor', 'urban infrastructure factor', 'ecological factor' and 'scenery factor'. The visitors were composed of five factors, 'cultural factor', 'urban infrastructure factor', 'ecological factor', 'scenery factor' and 'amenity factor'. Out of the factors, the cultural factor and the urban infrastructure factor were found to exert the largest influence on the overall satisfaction of the residents and the visitors. The ISA(Importance-Satisfaction Analysis) was made, the residents and the visitors gave top priority to 'diversity of natural attractions', 'pleasant season and weather', 'beautiful scenery', 'diversity of rare animals and plants', 'diversity of parks', 'green areas and streets', 'broad ecological area' and 'the preservation of marshy areas' among the attractions of the eco-city. They placed importance on the activation of green traffic and walking environments as well, but they weren't satisfied with the state of the two in the city. Therefore there was much room for improvement in that regard.

Development of validated Nursing Interventions for Home Health Care to Women who have had a Caesarian Delivery (조기퇴원 제왕절개 산욕부를 위한 가정간호 표준서 개발)

  • HwangBo, Su-Ja
    • Journal of Korean Academy of Nursing Administration
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    • v.6 no.1
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    • pp.135-146
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    • 2000
  • The purpose of this study was to develope, based on the Nursing Intervention Classification (NIC) system. a set of standardized nursing interventions which had been validated. and their associated activities. for use with nursing diagnoses related to home health care for women who have had a caesarian delivery and for their newborn babies. This descriptive study for instrument development had three phases: first. selection of nursing diagnoses. second, validation of the preliminary home health care interventions. and third, application of the home care interventions. In the first phases, diagnoses from 30 nursing records of clients of the home health care agency at P. medical center who were seen between April 21 and July 30. 1998. and from 5 textbooks were examined. Ten nursing diagnoses were selected through a comparison with the NANDA (North American Nursing Diagnosis Association) classification In the second phase. using the selected diagnoses. the nursing interventions were defined from the diagnoses-intervention linkage lists along with associated activities for each intervention list in NIC. To develope the preliminary interventions five-rounds of expertise tests were done. During the first four rounds. 5 experts in clinical nursing participated. and for the final content validity test of the preliminary interventions. 13 experts participated using the Fehring's Delphi technique. The expert group evaluated and defined the set of preliminary nursing interventions. In the third phases, clinical tests were held at in a home health care setting with two home health care nurses using the preliminary intervention list as a questionnaire. Thirty clients referred to the home health care agency at P. medical center between October 1998 and March 1999 were the subjects for this phase. Each of the activities were tested using dichotomous question method. The results of the study are as follows: 1. For the ten nursing diagnoses. 63 appropriate interventions were selected from 369 diagnoses interventions links in NlC., and from 1.465 associated nursing activities. From the 63 interventions. the nurses expert group developed 18 interventions and 258 activities as the preliminary intervention list through a five-round validity test 2. For the fifth content validity test using Fehring's model for determining lCV (Intervention Content Validity), a five point Likert scale was used with values converted to weights as follows: 1=0.0. 2=0.25. 3=0.50. 4=0.75. 5=1.0. Activities of less than O.50 were to be deleted. The range of ICV scores for the nursing diagnoses was 0.95-0.66. for the nursing interventions. 0.98-0.77 and for the nursing activities, 0.95-0.85. By Fehring's method. all of these were included in the preliminary intervention list. 3. Using a questionnaire format for the preliminary intervention list. clinical application tests were done. To define nursing diagnoses. home health care nurses applied each nursing diagnoses to every client. and it was found that 13 were most frequently used of 400 times diagnoses were used. Therefore. 13 nursing diagnoses were defined as validated nursing diagnoses. Ten were the same as from the nursing records and textbooks and three were new from the clinical application. The final list included 'Anxiety', 'Aspiration. risk for'. 'Infant behavior, potential for enhanced, organized'. 'Infant feeding pattern. ineffective'. 'Infection'. 'Knowledge deficit'. 'Nutrition, less than body requirements. altered', 'Pain'. 'Parenting'. 'Skin integrity. risk for. impared' and 'Risk for activity intolerance'. 'Self-esteem disturbance', 'Sleep pattern disturbance' 4. In all. there were 19 interventions. 18 preliminary nursing interventions and one more intervention added from the clinical setting. 'Body image enhancement'. For 265 associated nursing activities. clinical application tests were also done. The intervention rate of 19 interventions was from 81.6% to 100%, so all 19 interventions were in c1uded in the validated intervention set. From the 265 nursing activities. 261(98.5%) were accepted and four activities were deleted. those with an implimentation rate of less than 50%. 5. In conclusion. 13 diagnoses. 19 interventions and 261 activities were validated for the final validated nursing intervention set.

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The Need for Modernization of the Tokyo Convention(1963) on the Issue of Unruly Passengers and the Inadequacy of Korean Domestic Legal Approaches (기내 난동승객관련 도쿄협약의 개정필요성과 한국국내법적 접근의 한계)

  • Bae, Jong-In;Lee, Jae-Woon
    • The Korean Journal of Air & Space Law and Policy
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    • v.27 no.1
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    • pp.3-27
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    • 2012
  • Although aviation safety and security have been improving, which has made air transportation more reliable, the international aviation community has witnessed a steady increase in the number of unruly passenger incidents. Under international law, the Tokyo Convention (The Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963) is applicable to unruly passenger issues. While the Tokyo Convention has been a successful convention which 185 member states have ratified, it has its shortcomings. Three major shortcomings are related to definition, jurisdiction, and enforcement. Firstly, the Tokyo Convention does not provide for a definition of unruly passengers, thereby resulting in a situation where conduct that may be considered to be a criminal offence in the country of embarkation may not be a criminal offence in the country where the aircraft lands. Having different definitions may lead to ineffective action on the part of air carriers. Secondly, the fact that the state of landing does not bear jurisdiction produces circumstances in which it is impossible to punish an unruly passenger who clearly committed an offence on board. Thirdly, the Tokyo Convention only recognizes the competence of the state of registry to exercise criminal jurisdiction but does not impose the duty to actually use that competence in any specific case. Along with ratifying the Tokyo Convention, Korea enacted the Aviation Navigation Safety Act in 1974 as a domestic legal approach to dealing with the problem of unruly passengers. Partially reflecting the ICAO's model legislation, Circular 288, the Aviation Safety and Security Act was enacted in 2002. Although the Korean Aviation Safety and Security Act is a comprehensive act which has been constantly updated, there is no provision with respect to jurisdiction and only the Korean criminal code is applicable to jurisdiction. The Korean criminal code establishes its jurisdiction in connection with territoriality, nationality and registration, which is essentially the same as the jurisdictional principles of the Tokyo Convention. Thus, the domestic legal regime cannot close the jurisdictional gap either. Similarly, Korean case law would not take an active posture to jurisdiction unless the offence in question is a serious one, such as hijacking. A Special Sub Committee of the ICAO Legal Committee (LCSC) was established to examine the feasibility of introducing amendments to the Convention on Offences and Certain Other Acts Committed on Board Aircraft of 1963 with particular reference to the issue of unruly passengers. The result of the ICAO's findings should lead to the modernization of the Tokyo Convention, thereby reducing the number of incidents caused by unruly passengers and enabling all parties concerned to respond to unruly passengers more effectively.

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