• Journal of Physiology & Pathology in Korean Medicine
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• v.20 no.4
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• pp.759-765
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• 2006

In order to provide the methodology of researching constitutional theories, the original meaning and the source of the term, ti(體) and zhi(質) written in and other text were reviewed, and then components of constitution(體質) and some evaluative norms and prospect on constitutional theories were proposed. Ti(體) means body or 5 tissues or patterns of them and zhi(質) means quality in , so the temporary meaning of constitution was generally same with present one. But the temperament originated from Greek and Elizabethan era is thought that it corresponds with constitution, but it means generally body type and character and mental pathologic features. The fundamental requirements of constitutional theories are needed stability, creativity, clinical efficiency and reproductiveness for differentiating with classical diagnostics over the range of disease and aging of the subject. And heredity, universality and extensiveness were recommended as additional requirements for making level up the theories through long-term follow-up, and to evaluate these requirements detail items were proposed. More of these, weight rendering should be made respectively afterwards.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.343-405
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• 2009

This paper is to discuss essential business of hospital business. While the labor world and ILO made continuous recommendation for improvements towards the compulsory arbitration system along with the controversy over unconstitutionality of the system, the Constitutional Court ruled that the system is constitutional on December 23, 1996(90hunba19) and on May 15, 2003 (2001hunga31). Despite this decision from the Constitutional Court, there has been much controversy over whether the compulsory arbitration system infringes the rights of collective action against the principle of trade union & labor relations adjustment which allows Commissioner of the Labor Relations Commission to decide on submission of arbitration by virtue of his/her authority in case where industrial disputes take place in the essential public-service businesses. The revision on the above provision was closely examined from the year 2003 and an agreement was made on the abolition of the compulsory arbitration system and the introduction of essential business with a grand compromise among labor unions, employers and the government on September 11, 2006 followed by revision(Essential business system enacted on January 1, 2008) of the Trade Union & Labor Relations Adjustment Act on December 30 in the same year. Accordingly, in order to perform the essential business, parties to labor relations must have an agreement or obtain a decision by the Labor Relations Commission before taking industrial actions. This paper firstly examined the concept of essential public-service businesses and essential business, legal meaning of essential business, procedures for making agreement and decision and legal effects. Secondly it intensively explored a theory against the principle of the legality which was raised from some part of society. In other words, it is claimed that a theory against the principle of the legality is not consistent with the rule of legislation and some abstract wording is against void for vagueness doctrine because part of crime constitution requirements is delegated to the Presidential Decree or to consultation among parties to labor relations. But analysis on the rule of legislation and void for vagueness doctrine reflected in the decision by the Constitutional Court led that argument for a theory against the principle of the legality is not reasonable. Close examination was done on a formal act of essential business agreement and necessity of prior agreement before submission of decision to the Labor Relations Commission which might have difficulties in performing work. In addition, an example agreement on hospital essential business is attached to help you understand this paper better.

• Journal of Physiology & Pathology in Korean Medicine
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• v.35 no.6
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• pp.211-218
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• 2021

In order to increase the clinical value of an identification of patterns according to the eight principles (IPEP) in Korean medicine practice, The research on the Clinical Practice Guideline (CPG) of IPEP should comprehend the situation of clinical usage of IPEP practiced by Korean medicine doctors at first. Google survey form were emailed to Korean Medicine doctors registered in the Association of Korean Medicine on 04/15/2021 and the survey was closed at 04/22/2021. Data of 505 answered cases were analyzed by Frequency analysis, Chi-Square analysis, correlation analysis for understanding differences by groups. Out of 505 respondents, 57.6% have answered that they are using IPEP. It means that 42.4% of KM doctors don't use in the medical practice reversely in spite of fundamental diagnostic theory. The 64.7% respondents of no using IPEP presented their opinion about the theoretical problem that it is difficult to use because the concept of IPEP is ambiguous. And next, the 52.1% of the respondents expressed that there is no objective tools to measure and record the IPEP evidences in actual implementation. And 49.6% of the respondents also suggested that it is hard to trust and use IPEP similar to the previous comment. Even about 50% of the respondents are carrying out diagnosis and treatment using IPEP, it showed that there were several unsolved problems such as lack of understanding and practical tools or objective indicators for diagnosis of IPEP. Through the above results, the concept, usage, measurement requirements with indices and discriminant logic of IPEP were manifested as the main hopes of attending members of Korean medicine in the survey, so the IPEP CPG should make clear about these difficult but necessary assignment in the near future.

• Korean Journal of Social Welfare Studies
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• v.42 no.4
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• pp.239-262
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• 2011

The Korean government's recent large-scale termination and modification of welfare benefits revealed a procedural problem under the National Basic Living Security Act. Under the Act, welfare recipients have a legal right to make complaints only after the termination or modification is enforced; the Act fails to provide the recipients with an opportunity for a hearing before termination or modification, and this creates serious threats to the recipients, whose livelihoods are dependent on welfare benefits. Korean jurisprudence has adopted the due process of law principle. The principle originated from the due process in US jurisprudence, and Korea has applied it broadly to any government actions that restrict individuals' constitutional or legal rights. This paper reviews the termination or modification procedure under the Act with the lens of the due process principle and criticizes that the current law is not in compliance with the principle. In supporting that such termination and modification procedure infringes on welfare recipients' protected rights, this paper discusses two theories as to what rights are protected. First, termination or modification of welfare benefits can be considered as deprivation of property. The 'property' theory may be weak under Korean jurisprudence, because the concept of property under the Korean Constitution is narrowly construed. Second, this paper relies on the constitutional provision that recognizes "the right to a life worthy of human beings," which requires the State to guarantee minimum standard of living for all. As welfare recipients are deemed to receive benefits as a right under the Constitution, any deviation from the minimum requirement would constitute a violation of constitutional rights. In any case, termination or modification of welfare benefits that are concretized under the Act should be protected under the due process principle, because the principle would cover any government actions that restrict established legal rights. This paper argues that the procedural due process requires the recipients be guaranteed an opportunity to have a hearing before the termination or modification is enforced. An independent decision-maker should hear the proceedings, and the recipients should have an option to orally present their opinions in front of the decision-maker. The hearing process under the Administrative Procedures Act of Korea offers elements that would satisfy these procedural requirements. Thus, this paper concludes that the National Basic Living Security Act should be amended to adopt the hearing process under the Administrative Procedures Act in its termination and modification procedure.