This article discussed whether so-called 'foreign judgments obtained by fraud' is in breach of public policy provided in Article 217(1)(3) of Civil Procedure Act and, if so, what the specific requirements could be. The summary of the conclusion is as follows. The 'foreign judgments obtained by fraud' is against the municipal procedural public policy and then shall not be recognized. In this regard one more question comes up whether reviewing if 'foreign judgments obtained by fraud' is in breach of the municipal procedural public policy is allowed in consideration of the principle of prohibition of $r{\acute{e}}vision$ au fond. Since the principle is applied entirely in the course of the above reviewing, it is allowed only when it does not breach the principle. The two instances that the reviewing is allowed are where the defendant was not able to produce evidences of fraud during foreign procedures and where the defendant's claim of fraud without evidences was rejected by the foreign court and then evidences of fraud were found after the foreign procedure was completed. On the other hand, the specific requirements for 'foreign judgments obtained by fraud' to be against public policy are following four requirements based on principle of strict interpretation of public policy. (1) plaintiff's intention to fraud, (2) preventing the defendant from being involved in the procedure by fraud or cheating the foreign court using manipulated evidences, (3) the defendant could not present himself in the foreign court procedure due to the plaintiff's extraneous fraud or the foreign court decided wrongly due to intrinsic fraud, and (4) defendant's fundamental procedural rights were breached to the extent that recognizing the effect of foreign judgments was against justice defendant's fundamental procedural rights. These results differ from the Supreme Court 2004. 10. 28. ruling 2002da74213 in many aspects. Most of all, in my opinion there is no need to distinguish between intrinsic fraud and extraneous fraud and reviewing 'foreign judgments obtained by fraud' is not in conflict with the principle of prohibition of $r{\acute{e}}vision$ au fond but the both may coexist. In this regard I expect the variation of the Supreme Court's position and hope to contribute to academia and practitioners.
Hojil(虎叱) and Yangbanjeon(兩班傳) reveal the characteristic styles of Park Jiwon(朴趾源)'s writing, which is combining styles of unofficial history/biography(外傳) and allegory(寓言), and full of the senses of satire and humour which form another characteristc of his writing style or tone. This paper reexamines narrative styles, meaning structures and themes of these two works which combine the styles of unofficial history/biography and allegory, and researches methods and techniques of allegory and satire which presents the subversive and critical themes and thoughts of the author. In Hojil, combining of the two styles, the author constructs the narrative world and plot, manipulates allegoric figures to symbolize and present multilayered meaning, and criticize the decadence of confucian aristocracy [Sadaebu: 士大夫] and it's abuses. In Yangbanjeon by combining of two styles, the author weave a biography of Yangban(兩班) in general, which presents the attributes and historical position of the Yangban class. And by the nonsensical fictional event which caricatures crisis of the Yangban class, and tedious description of the manners and behaviors of the Yangban, the author and satires the snobbery of the Yangban and the absurdity of their classical privileges. As he did in Hojil, the author urges the self-examination of the reader raising a question about the position and the function or duty of the Yangban class in the changing world. And the various skills of satire together with the irony, paradox, parody and pun were used dexterously in above two works.
As various state restrictions on individual freedom were imposed during the COVID-19 pandemic, concerns have been raised that excessive infringements on fundamental rights were indiscriminately permitted based on the public interest of preventing infectious diseases. Therefore, the question of how to set acceptable limits of liberty restrictions on individuals has emerged. However, since the phenomenon of infections spreading to the population is only predicted statistically, how to deal with the risk of the infected individual as a subject of legal analysis has become a problem. In the absence of a theoretical framework of legal analysis of risk, the risk of infected individuals during the pandemic was not analyzed strictly, and proportionality review of infection prevention measures was often only an abstract comparison of the importance of public interest and individual rights. Therefore, this research aims to conduct a theoretical review on how risk can be conceptualized legally in a public health crisis, and to develop a theoretical framework for proportionality review of the risk of liberty-limiting measures during a pandemic. Chapter 2 analyzes the legal philosophical concepts of risk, which are the basis for liberty restrictions during a public health crisis, and applies and extends them to the pandemic. Chapter 3 reviews previous studies related to liberty restriction measures in the context of the COVID-19 pandemic, and points out they have a limitation that specific criteria for the proportionality review of public health measures in the pandemic have not been presented. Accordingly, Chapter 3 specifies the methodological framework for proportionality review, referring to the theoretical discussion on risks in Chapter 2. Chapter 4 reviews the legitimacy of gathering restriction orders, applying the theoretical discussion in Chapter 2 and the criteria for proportionality review established in Chapter 3. In particular, Section 4 examines logic of proportionality review in judicial precedents over the ban on gathering restrictions implemented in the COVID-19 pandemic. In analyzing the precedents, the logic of proportionality review in each case is critically reviewed and reconstructed based on the theoretical framework presented in this research.
Kim, Mi-Ki;Jung, Ji-Ho;Ahn, Jae-Sun;Yim, Jung-Hoon;An, Min-Seop;Park, Jin-Su;Lee, Hai-Ja;Park, Eun-Jung
The Journal of Pediatrics of Korean Medicine
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v.23
no.3
/
pp.143-153
/
2009
Objectives The purpose of this study is to get the basic information from patients how much they understood about their medication and also to know whether patients are making reasonable drug choice between Health Functional Foods and Herbal medicine. Methods 500 questionnaires were handed out to the parents of students in two elementary schools located in OO, Junlabukdo province. 421 questionnaires were completed to be evaluated. Results Among 421 subjects, 53.0% were female, and 47.0% were male. The percentages of the subjects consuming Health Functional Foods and herbal medicine were67.7% and 67.8%, respectively. Among those people who consumed Health Functional Food, 44.1% were using nutritional supplements, red ginseng or ginseng products (26.9%), chlorella products (11.5%), and plum extract products (7.7%). As for the reason to consume Health Functional Foods were varied, but 'in order to be healthy, although currently displaying no illness.'(43.0%) were the most responses among the given choices. On the other hand, the reason for consuming herbal medicine was 'In order to grow taller'(26.1%), 'In order to cure weak physical state frequently displaying common illnesses',(25.9%), and 'In order to cure diseases.'(23.3%). For the questions about effectiveness after consumption,the 69.9% subjects said that it seemed to be effected, and that % was slightly higher than that of subjects with consuming Health Functional Foods(64.4%). For question concerning preferences between Health Functional Foods and herbal medicine, 57.5% chose herbal medicine, and this percentage was higher than that of Health Functional Foods(42.5%).As for the reasons of additional consumption of the Health Functional Foods, subject answered as 'Easy to consume.'(41,6%), which was the most common among the subjects consuming Health Functional Foods. On other hand, the subjects of herbal medicine answered as that herbal medicine is 'more effective'(45.7%), and 'more trustworthy in preventing side-effects.'(40.3%). After consumption of the herbal medication, only 3.9% of the subjects consuming either Health Functional Foods or herbal medicine had side-effects. The most common side-effects were 'dermal reaction' which is normally caused by Health Functional Foods and 'indigestion' problems caused by herbal consumption. Conclusions According to the 421 subjects those involved in study, the percentages of consuming Health Functional Foods(67.7%) and herbal medicine(67.8%) were similar. The most commonly consumed products were a type of Health Functional Foods which were the nutrition-supplying products. Ginseng or red ginseng products were the next commonly used products. Health Functional Foods were commonly consumed for preventing illness and maintaining health rather than any other purpose. In contrary, herbal medicines were more commonly consumed for purposes such as for growth or treating certain type of disease. As a result of consumption, more than half of both subject replied as 'satisfied'. As for the side effects, dermal reaction was the most common problem for those with consuming Health Functional Foods, while indigestion was the most common side effect from the subjects with consuming herbal medicine.
It has been said that Gwangjudream, nevertheless a free press, plays a role as a local press that it should be, in a situation that other local papers do not. This study aims to reveal the forces that influence the article production of Gwangjudream, and to examine the interrelations between them, through using the methods of participant observations and depth interviews. In this course, it is eventually purpose of providing more deep understandings on the present circumstances and problems of the local papers and having a chance to concern the concrete ways to enhance them. This study results in revealing the five forces that primarily influence the article production of Gwangjudream: 1) as a historical force, keeping the spirit of the first publication that look forward to playing a role as a local press that it sound be, 2) as an individual force, the habitus of its members that is critical of mainstream society and culture, 3) as an organizational force, non-hierarchical culture and the independence of the editorial rights, 4) as a habitual force, the deny of beat system, 5) as an economical force, the power of sponsors, financial poorness, and the competition for attracting subscribers. While the historical force and the individual force play a role as fundamental circumstances and the organizational force and the habitual force as practical circumstances for producing articles, they encourage to emerge the characteristics of the articles that are related to citizens' everyday life and reflect locality, and criticize and keep an eye on government and other public offices. However, the economical force provides the circumstances that weaken the characteristics of Gwangjudream. The results of this study question the perspective to overly regard it as coming from their economical weakness that the local newspaper do not play a role as a local press that it should be.
The most important vocabulary in Advaita $Ved{\bar{a}}nta$, which is anthropology and soteriology on the self, is of course '${\bar{a}}tman$' or 'the self', to which '$an{\bar{a}}tman$' or 'the other' is in opposition. As $Ved{\bar{a}}ntic$ system revolves around the concept ${\bar{a}}tman$, it can be compared favorably with 'final vocabulary' of Richard Rorty. Moreover, $Ved{\bar{a}}ntic$ system can be termed as 'a return of self-identity', in which a process of returning is from a deceived self to the true and original self. After all, story of '$an{\bar{a}}tman$' or 'the other' in $Ved{\bar{a}}nta$ seems to have no significance at all. However, discourse about the other can also lead a something fruitful. There are such doctrines in $Ved{\bar{a}}nta$ that support a procedure of self-realization not according to the Hegelian dialectic but to the transposition and continuous antagonism between the self and the other, as a special meaning of viveka (discrimination) that fixes a boundary between the self and the other, a destruction of falsehood that is more important than establishment of truthfulness, a transposition of the true and the false before and after self-realization. Thus the other is not disappeared but only hidden, even after accomplishing its own methodological role, and the same is with discourse about the other. To revive forgotten vocabulary in $Ved{\bar{a}}nta$ is an attempt to reconstruct devaluated story by means of shifting the pivot of discourse from the self to the other. The essential thing in this attempt may be to revive the conceptions of 'effort' that is intently concealed and of 'self-inquiry' that has lost its true meaning. Out of these, a systematic and continuous self-inquiry, consists in having a scenario on the question 'Who am I?' and utilizing that scenario by experience without interruption. A work of reconstructing the lost narratives in $Ved{\bar{a}}nta$ can be feasible only when the history of self-inquiry is redescribed in the system itself, provided that object of inquiry is not 'a self as the self' but 'a self as the other'.
Emotional expressions are expressions that show the internal condition of mind or consciousness. Types of emotional expressions include vocabulary that describes emotion, the composition of sentences that expresses emotion such as an exclamatory sentence and rhetorical question, expressions of interjection, appellation, causative, passive, adverbs of attitude for an idea, and a style of writing. This study focuses on vocabulary that describes emotion and analyzes the aspect of translation when emotional expressions of 'Hu(怖)' is shown on "Kokoro". The aspect of translation was analyzed by three categories as follows; a part of speech, handling of subjects, and classification of meanings. As a result, the aspect of translation for expressions of Hu(怖)' showed that they were translated to vocabulary as they were suggested in the dictionary in some cases. However, they were not always translated as they were suggested in the dictionary. Vocabulary that described the emotion of 'Hu(怖)' in Japanese sentences were mostly translated to their corresponding parts of speech in Korean. Some adverbs needed to add 'verbs' when they were translated. Also, different vocabulary was added or used to maximize emotion. However, the correspondence of a part of speech in English was different from Korean. Examples of Japanese sentences that expressed 'Hu(怖)' by verbs were translated to expression of participles for passive verbs such as 'fear', 'dread', 'worry', and 'terrify' in many cases. Also, idioms were translated with focus on the function of sentences rather than the form of sentences. Examples, what was expressed in adverbs did not accompany verbs of 'Hu (怖)'. Instead, it was translated to the expression of participles for passive verbs and adjectives such as 'dread', 'worry', and 'terrify' in many cases. The main agents of emotion were shown in the first person and the third person in simple sentences. The translation on emotional expressions when a main agent was the first person showed that the fundamental word order of Japanese was translated as it was in Korean. However, adverbs of time and adverbs of degree tended to be added. Also, the first person as the main agent of emotion was positioned at the place of subject when it was translated in English. However, things or the cause of events were positioned at the place of subject in some cases to show the degree of 'Hu(怖)' which the main agent experienced. The expression of conjecture and supposition or a certain visual and auditory basis was added to translate the expression of emotion when the main agent of emotion was the third person. Simple sentences without a main agent of emotion showed that their subjects could be omitted even if they were essential components because they could be known through context in Korean. These omitted subjects were found and translated in English. Those subjects were not necessarily humans who were the main agents of emotion. They could be things or causes of events that specified the expression of emotion.
Ham, Jong-Hum;Hwang, Jae-Bong;Kim, Joon-Ho;Lee, Gui-Won
The Korean Journal of Nuclear Medicine Technology
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v.13
no.3
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pp.110-122
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2009
Purpose: Nowadays, A medical institution assesment could get more interest about a quality of medical services from many hospitals that developed the active activities for improving medical services. Also, there is an other additional issue which is the patients risk management. Uijeongbu ST. Mary's hospital Nuclear Medicine department has been changed many work process after PET-CT introduction and renovation of its place since 2008. Therefore, modified structure and the way of existing work process have contained risk factors. The purpose of this study would be the appropriate risk management process while imaging examination process, the removal risk factors and improved activities through the analysis risk factors. Materials and Methods: Nuclear Medicine department new process should analysis through many-sided, Firstly, make and trained risk management manual after then apply an actual work. Result analysis showed the number of risk accident occurrence that comparing the last year and after the improved activities. Secondly, producing risk management public relations film has been showed an applicable patient after then the customer service measurement checked for a hundred patient by questionnaire. Lastly, Risk factors were eliminated through the facilities participation improving activities which could change for the better risk factors. Results: The number of safety accident occurrence(medication error, fall and collision) were checked as zero after the improving activities both PET-CT and gamma camera examination. The results of questionnaire showed as follows; 74% marked as understanding of the test process and 81% checked "satisfaction" after the public relations film showing. The question "Did you consider about the risk factors?", both PET-CT and gamma camera checked as 94% and 89% respectively. Customer risk management could be accomplished effectively through the improving activities at the nuclear medicine department. Conclusions: The study would be an opportunity that spread risk factors were systematically showed and analyzied. Also, It showed the possibility of the minimized safety accident and its feedback, if application of the response manuel that could be a standard of radiology technician's work method to react safety accident. It was the more effective that visual material could be easy to approach as a methodology of risk factors. As far as I have concerned that It could help the safety and convenience through continuous and detailed activities that offer to patients.
Na Hyeon-Ju;Min Kyung-Hee;Lee Hwa-young;Pyo Jum-sun;Ha Mi-ok;Jang Myung-Hee
Journal of Korean Home Economics Education Association
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v.17
no.2
/
pp.197-219
/
2005
This study attempted, in accordance with the National Educational Curriculum, to develop achievement assessment standards for a course within the field of home economics which has been widely adopted by Korean vocational high schools, namely, the food and nutrition subject. Focus was also placed on strengthening the management of the curriculum for this food and nutrition course, as well as on establishing proper assessment standards by developing model assessment tools which can be used to assess the subject. The results of this study can be summarized as follows : First, based on an analysis of the related literature and materials. the desired notion of the achievement and assessment standards was established, and their significance ascertained the achievement and assessment standards for the food and nutrition course were set and the type of model assessment tool which should be developed, as well as the method in which it should be applied. was established Second. by analyzing the curriculums and the contents of the textbooks used in the food and nutrition subject, the researcher was able to compile the 70 factors which could to be used to develop the achievement and assessments standards, and then classify these into 6 main categories and 32 sub-categories. Based on the characteristics of these factors and learners' academic performance levels the number of factors was expanded to 89 in order to establish the achievement standards. In turn, these achievement standards were used, in accordance with the learners' achievement and teaming activity levels, to develop three different levels of assessment standards. namely, upper, middle, and lower ones. Third. a model assessment tool was developed which could be used by individual school units as a reference in terms of achievement and assessment standards, and that could be modified to meet each school's circumstances. In order to create the model assessment tool a 100-question questionnaire was formulated that contained various types of questions, such as essay, report, theoretical and practical, portfolio, as well as multiple choice-type questions. Lastly, the researcher introduced measures to effectively use the achievement and assessment standards developed for the food and nutrition course, as well as the model assessment tool in school units.
Journal of Korean Home Economics Education Association
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v.31
no.4
/
pp.149-161
/
2019
At present, we are at the point of change of the 4th industrial revolution era due to the development of artificial intelligence(AI) and rapid technological innovation that no one can predict until now. This study started from the question of 'What role should home economics education play in the era of the Fourth Industrial Revolution?'. The Fourth Industrial Revolution is characterized by AI, cloud computing, Internet of Things(IoT), big data, and Online to Offline(O2O). It will drastically change the social system, science and technology and the structure of the profession. Since the dehumanization of robots and artificial intelligence may occur, the 4th Industrial Revolution Education should be sought to foster future human resources with humanity and citizenship for the future community. In addition, the implication of education in the fourth industrial revolution, which will bring about a change to a super-intelligent and hyper-connected society, is that the role of education should be emphasized so that humans internalize their values as human beings. Character education should be established as a generalized and internalized consciousness with a concept established in the integration of the curriculum, and concrete practical strategies should be prepared. In conclusion, home economics education in the 4th industrial revolution era should play a leading role in the central role of character education, and intrinsic improvement of various human lives. The fourth industrial revolution will change not only what we do, or human mental and physical activities, but also who we are, or human identity. In the information society and digital society, it is important how quickly and accurately it is possible to acquire scattered knowledge. In the information society, it is required to learn how to use knowledge for human beings in rapid change. As such, the fourth industrial revolution seeks to lead the family, organization, and community positively by influencing the systems that shape our lives. Home economics education should take the lead in this role.
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