• 동의생리병리학회지
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• 제20권4호
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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.

• 의료법학
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• 제10권2호
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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.

• 동의생리병리학회지
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• 제35권6호
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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.

• 사회복지연구
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• 제42권4호
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• pp.239-262
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• 2011

본 논문에서는 우리 헌법에서 수용하고 있는 적법절차원칙에 비추어, 현행 국민기초생활보장법에서 급여변경 및 중지시 적용되는 절차의 적정성을 고찰한다. 동법에서는 사후적인 이의신청절차만을 명시하고 있으며, 분쟁을 심사하는 심판자의 독립성을 보장하는 장치가 마련되지 않은 한계가 있다. 그 결과 수급자는 행정기관의 일방적인 조치에 의해 급여가 박탈되어 즉각적인 생계위협을 겪고, 구제절차에서도 공정한 심판을 받지 못하는 불이익을 당하기 쉽다. 급여의 변경 및 중지는 수급자의 헌법적 또는 법률적 권리를 제한하는 행정작용으로서 적법절차원칙에 따라 절차의 공정성과 합리성이 요구된다고 본다. 급여 변경 및 중지의 경우 적법절차를 만족하기 위해서는, 이의신청 기회가 해당 조치 시행 전에 마련되어야 하며, 심판자의 독립성이 적절한 수준에서 보장되고, 이 때 수급자가 심판자 앞에서 구두로 의견을 표현할 기회가 제공되는 등 절차적 보호장치가 마련되어야 한다. 이를 위해 행정절차법상의 청문절차를 적용하는 것이 적합하다고 보며, 이에 급여변경 또는 중지시 수급자의 청문에의 기회를 권리로서 보장하도록 국민기초생활보장법을 개정해야 한다고 주장한다.