The Reluctance and Contradiction of National Duty of Protecting the Disadvantaged Groups : Rethinking the Case of Prohibition against the Non-vision Impaired to Engage in Massage Business

Chen,Shin-Min(陳新民) 한국비교공법학회 2011 公法學硏究 Vol.12 No.3

사회적 약자들에게 특별한 관심을 가져야 한다는 것은 국가의 불가피한 의무라는 점을 현대의 국가가 인정하고 있듯이, 그것은 단순한 법적 의무가 아니라 도덕적 의무이기도 하다. 한국 및 중화민국(대만) 헌법은 어떠한 망설임도 없이 그러한 의무를 확인하고 있다. 그러나 일상의 정치과정에서 헌법이 규정하거나 요구하는 대로 하는 것은 쉬운 일이 아니다. 한국의 판례는 사회적 약자인 국민에게 동정심을 가진 대부분의 국민들에게 만족을 줄 수 있을 것이다. 그것은 또한 헌법재판소가 시각장애인에게 불리한 결정을 내린 이후에 대만 사회로부터 비판을 받는 이유이기도 하다. 그러나 시각장애인을 위한 적극적 우선처우에 대한 논쟁들은 끝났는가? 아니면 결코 끝나지 않을 이야기로 남아 있는가? 내 생각에는 대만 법원은 중국의 전통 의학적 방법을 통한 안마, 한약재를 이용한 안마 (massage in herb), 향기 안마(massage in perfume) 및 의학적 회복치료, 심신이완 및 유행하고 있는 체중감량(body slimmer)과 같은 다양한 목적의 안마를 비롯한 안마 서비스의 다양성을 고려했다. 이러한 안마 서비스의 확대는 전통적인 안마사에게 필요한 순수한 손가락 기술(finger technique)뿐만 아니라 막대한 자본투자 및 특별한 훈련을 필요로 한다. 따라서 한국에서 안마사 자격의 제한은 아직 해결되지 않은 것으로 보인다. 대만 사건으로 되돌아가 보면, 3년의 유예기간 (three-year sunset term)은 만료가 가까워 졌다. 그러나 그 기관(Agency)은 시각장애인을 위한 근로의 기회를 보장하는 어떠한 적극적인 조치도 하지 않고 있는 것으로 보인다. 시각장애인과 같은 사회적 약자들을 위한 국가의 보호 의무에 관한 논의는 분명 헛구호(empty name)로만 존재한다. 대만 헌법 재판소의 결정은 시각장애인을 보호하는데 어떠한 특별한 국가의 의무가 없기 때문에, 안마사 자격 제한법(Prohibition law)을 심리하는 데에 앞서 말한 엄격심사 기준을 적용 하는 것은 부적절한 것으로 판단했어야 했다. 그러한 금지와 관련한 딜레마(prohibition-dilemma)에 관한 논쟁은 영국의 속담, 즉 숲속의 열 마리 새 보다 내손안의 한 마리 새가 낫다는 속담을 생각나게 하며, 시각장애인에게 근로의 기회를 부여하는 문제를 처리하는 데에도 마찬가지이다. 또한 유명한 미국의 대법관인 블랙먼(Harry A. Blackman)이 한 말, 즉 사람들을 평등하게 처우하기 위해서는 우리는 그들을 다르게 처우해야만 한다고 한 말도 생각난다. 결국 정부는 모든 일정 규모 이상의 공공병원 또는 개인병원에게 안마를 제공하는 진료부서(massage section)를 두어야 할 법적인 의무를 부과하고 시각장애인에게 광범위한 근로의 기회를 부여하는 소위 강제적인 고용정책을 입법화함으로써 보다 많은 근로의 기회를 제공할 가능성을 가지고 있다고 사료된다. As a modern country acknowledges that it is unavoidable duty of government to pay the special attention to the disadvantaged groups, it is not merely a legal duty but a moral one. The Korean and ROC (Taiwan) Constitutions confirm such obligation without any hesitation. But in the daily political process it is not an easy task as the Constitutions described or desired. The Korean Case may be satisfied by most citizens with sympathy to the disadvantaged fellow people. That is also the main critics from the Taiwan society after the Constitutional Court has revealed this vision-impaired hostile decision. However, the quarrels on the affirmative action for the vision-impaired have been out of the stage? Or it remains to be a never ending story? In my opinion, as the Taiwan Court has once consider that the diversities of massage service in modern day, including the massage in Chinese traditional medicine way, the massage in herb, the massage in perfume, and the different purpose for massage, such as for medical rehabilitation,body relaxation and even the fashioned body slimmer. These expansions of massage service need not only the pure finger technique as the traditional massager but also require a lot of financial investment and special training. So the restriction of massage market in Korea seems to remain unsolved. Looking back Taiwan case, the three-year sunset term is closed to end. But it seems to us that the Agency has not made any active measures to secure the working opportunity for the vision-impaired. The story about the national duty for the disadvantaged groups like the vision-impaired obviously exists in an empty name. The decision of the Taiwan Constitutional Court used the said strict scrutiny test to check the Prohibition law should be commended as unjust, as there would have no national special duty for protecting the vision-impaired. The dispute about the prohibition-dilemma reminds me of an English dialogue: a bird in hand is better than 10 birds in woods, it is the same to handle the secure working opportunity of the vision-impaired. It also reminds me of a very famous American Justice named Harry A. Blackman who once said; in order to treat some persons equally, we must treat them differently. Therefore it is my opinion that the government has the possibility to offer more working opportunity by enacting the so-called compulsory employment policy; namely, all hospitals public or private over some scales have the legal obligations to establish the massage section and provide the huge working possibility available for the vision-impaired. Maybe this could be the answer to resolve the problem properly

The Reluctance and Contradiction of National Duty of Protecting the Disadvantaged Groups - Rethinking the Case of Prohibition against the Non-vision Impaired to Engage in Massage Business -

Chen, Shin-Min 한국비교공법학회 2011 공법학연구 Vol.12 No.3

As a modern country acknowledges that it is unavoidable duty of government to pay the special attention to the disadvantaged groups, it is not merely a legal duty but a moral one. The Korean and ROC (Taiwan) Constitutions confirm such obligation without any hesitation. But in the daily political process it is not an easy task as the Constitutions described or desired. The Korean Case may be satisfied by most citizens with sympathy to the disadvantaged fellow people. That is also the main critics from the Taiwan society after the Constitutional Court has revealed this vision-impaired hostile decision. However, the quarrels on the affirmative action for the vision-impaired have been out of the stage? Or it remains to be a never ending story? In my opinion, as the Taiwan Court has once consider that the diversities of massage service in modern day, including the massage in Chinese traditional medicine way, the massage in herb, the massage in perfume, and the different purpose for massage, such as for medical rehabilitation、body relaxation and even the fashioned body slimmer. These expansions of massage service need not only the pure finger technique as the traditional massager but also require a lot of financial investment and special training. So the restriction of massage market in Korea seems to remain unsolved. Looking back Taiwan case, the three-year sunset term is closed to end. But it seems to us that the Agency has not made any active measures to secure the working opportunity for the vision-impaired. The story about the national duty for the disadvantaged groups like the vision-impaired obviously exists in an empty name. The decision of the Taiwan Constitutional Court used the said strict scrutiny test to check the Prohibition law should be commended as unjust, as there would have no national special duty for protecting the vision-impaired. The dispute about the prohibition-dilemma reminds me of an English dialogue: a bird in hand is better than 10 birds in woods, it is the same to handle the secure working opportunity of the vision-impaired. It also reminds me of a very famous American Justice named Harry A. Blackman who once said; in order to treat some persons equally, we must treat them differently. Therefore it is my opinion that the government has the possibility to offer more working opportunity by enacting the so-called compulsory employment policy; namely, all hospitals public or private over some scales have the legal obligations to establish the massage section and provide the huge working possibility available for the vision-impaired. Maybe this could be the answer to resolve the problem properly

[번역] 사회적 약자들을 보호해야 하는 국가의무의 放任과 矛盾 : 非시각장애인이 안마사가 될 수 없도록 한 사건의 再考

陳新民(Chen Shin-Min),허순철 한국비교공법학회 2011 公法學硏究 Vol.12 No.3

A thiol-specific fluorescent probe and its application for bioimaging

Chen, Xiaoqiang,Ko, Sung-Kyun,Kim, Min Jung,Shin, Injae,Yoon, Juyoung Royal Society of Chemistry 2010 Chemical communications Vol.46 No.16

<P>A fluorescent probe based on fluorescein displays an excellent selectivity and sensitivity for thiols and its application for bioimaging is described.</P> <P>Graphic Abstract</P><P>A fluorescent probe based on fluorescein displays an excellent selectivity and sensitivity for thiols and its application for bioimaging is described. <IMG SRC='http://pubs.rsc.org/services/images/RSCpubs.ePlatform.Service.FreeContent.ImageService.svc/ImageService/image/GA?id=b925453f'> </P>

The Incremental Cost Matrix Procedure for Locating Repair Service Centers in Multinational Reverse Logistics

Chen, Hsin Min,Hsieh, Chih Kuang,Wu, Ming Cheng,Luo, Shin Wei Korean Institute of Industrial Engineers 2009 Industrial Engineeering & Management Systems Vol.8 No.3

This study provides a heuristic algorithm to solve the locating problem of repair service centers (RSCs). To enhance the customer service level with more satisfaction and quicker responsiveness, the locating problem of RSCs has become one of the important issues in reverse supply chain management. This problem is formulated as a zero-one mixed integer programming in which an exiting distributor will be considered to be an un-capacitated repair service center for the objective of cost-minimizing. Since logistical costs are highly interrelated with the multinational location of distributors and RSCs, the fixed cost for setting a repair service center, variable cost, transportation cost, and exchange rates are considered in this study. Recognizing the selection of un-capacitated RSCs' locations is a combinatorial optimization problem and is a zero-one mixed integer programming with NP-hard complexity, we provide a heuristic algorithm named as incremental cost matrix procedure (ICMP) to simplify the solving procedure. By using the concise and structural cost matrix, ICMP can efficiently screen the potential location with cost advantage and effectively decide which distributor should be a RSC. Results obtained from the numerical experiments conducted in small scale problem have shown the fact that ICMP is an effective and efficient heuristic algorithm for solving the RSCs locating problem. In the future, using the extended ICMP to solve problems with larger industrial scale or problems with congestion effects caused by the variation of customer demand and the restriction of the RSC capacity is worth a further investigation.

Carbon Nanotube Reinforced Hybrid Microgels as Scaffold Materials for Cell Encapsulation

Shin, Su Ryon,Bae, Hojae,Cha, Jae Min,Mun, Ji Young,Chen, Ying-Chieh,Tekin, Halil,Shin, Hyeongho,Farshchi, Saeed,Dokmeci, Mehmet R.,Tang, Shirley,Khademhosseini, Ali American Chemical Society 2012 ACS NANO Vol.6 No.1

<P>Hydrogels that mimic biological extracellular matrix (ECM) can provide cells with mechanical support and signaling cues to regulate their behavior. However, despite the ability of hydrogels to generate artificial ECM that can modulate cellular behavior, they often lack the mechanical strength needed for many tissue constructs. Here, we present reinforced CNT–gelatin methacrylate (GelMA) hybrid as a biocompatible, cell-responsive hydrogel platform for creating cell-laden three-dimensional (3D) constructs. The addition of carbon nanotubes (CNTs) successfully reinforced GelMA hydrogels without decreasing their porosity or inhibiting cell growth. The CNT–GelMA hybrids were also photopatternable allowing for easy fabrication of microscale structures without harsh processes. NIH-3T3 cells and human mesenchymal stem cells (hMSCs) readily spread and proliferated after encapsulation in CNT–GelMA hybrid microgels. By controlling the amount of CNTs incorporated into the GelMA hydrogel system, we demonstrated that the mechanical properties of the hybrid material can be tuned making it suitable for various tissue engineering applications. Furthermore, due to the high pattern fidelity and resolution of CNT incorporated GelMA, it can be used for <I>in vitro</I> cell studies or fabricating complex 3D biomimetic tissue-like structures.</P><P><B>Graphic Abstract</B> <IMG SRC='http://pubs.acs.org/appl/literatum/publisher/achs/journals/content/ancac3/2012/ancac3.2012.6.issue-1/nn203711s/production/images/medium/nn-2011-03711s_0005.gif'></P><P><A href='http://pubs.acs.org/doi/suppl/10.1021/nn203711s'>ACS Electronic Supporting Info</A></P>

Overexpression of G0/G1 Switch Gene 2 in Adipose Tissue of Transgenic Quail Inhibits Lipolysis Associated with Egg Laying

Chen, Paula Renee,Shin, Sangsu,Choi, Young Min,Kim, Elizabeth,Han, Jae Yong,Lee, Kichoon MDPI 2016 INTERNATIONAL JOURNAL OF MOLECULAR SCIENCES Vol.17 No.3

<P>In avians, yolk synthesis is regulated by incorporation of portomicrons from the diet, transport of lipoproteins from the liver, and release of lipids from adipose tissue; however, the extent to which lipolysis in adipose tissue contributes to yolk synthesis and egg production has yet to be elucidated. G0/G1 switch gene 2 (<I>G0S2</I>) is known to bind and inhibit adipose triglyceride lipase (ATGL), the rate-limiting enzyme in lipolysis. The objective of this study was to determine whether overexpression of the <I>G0S2</I> gene in adipose tissue could successfully inhibit endogenous ATGL activity associated with egg laying. Two independent lines of transgenic quail overexpressing <I>G0S2</I> had delayed onset of egg production and reduced number of eggs over a six-week period compared to non-transgenic quail. Although no differences in measured parameters were observed at the pre-laying stage (5 weeks of age), <I>G0S2</I> transgenic quail had significantly larger interclavicular fat pad weights and adipocyte sizes and lower NEFA concentrations in the serum at early (1 week after laying first egg) and active laying (5 weeks after laying first egg) stages. Overexpression of <I>G0S2</I> inhibited lipolysis during early and active laying, which drastically shifted the balance towards a net accumulation of triacylglycerols and increased adipose tissue mass. Thereby, egg production was negatively affected as less triacylglycerols were catabolized to produce lipids for the yolk.</P>

Three-dimensional CuO nanobundles consisted of nanorods: hydrothermal synthesis, characterization, and formation mechanism.

Chen, Huiyu,Shin, Dong-Wook,Lee, Jong-Hak,Park, Sung-Min,Kwon, Kee-Won,Yoo, Ji-Beom American Scientific Publishers 2010 Journal of Nanoscience and Nanotechnology Vol.10 No.8

<P>Novel monoclinic CuO nanobundles, 0.8-1 microm in size, were synthesized at 130 degrees C in the presence of sodium dodecyl benzenesulfonate (SDBS) by a simple hydrothermal method. Each nanobundle was comprised of many nanorods with one ends growing together to form a center and another ends radiating laterally from this center. The length and the diameter of these assembled nanorods are in the range of 200-300 nm and about 20-30 nm, respectively. HRTEM and SAED results indicated that the CuO nanorods grow along the [010] direction. An investigation of the hydrothermal process revealed that the reaction time, temperature and surfactant play important roles in the formation of the resultant CuO nanostructures. Isolated CuO nanorods were obtained when the temperature was increased to 190 degrees C, and CuO microflowers composed of many nanosheets were produced at 130 degrees C when cetyltrimethylammonium bromide (CTAB) was employed instead of SDBS. The possible mechanism for the formation of these CuO nanostructures was discussed simply on the basis of the experimental results.</P>

The culture conditions for mycelial growth and sclerotial formation of Polyporus umbellatus

Min Woong Lee,Kwang Chun Chang,Do Bin Shin,Kyung Rim Lee,Kyung Hoan Im,Ga-Heon Jin,Pyung Gyun Shin,Yong Mei Xing,Juan Chen,Shun Xing Guo,Tae Soo Lee 한국버섯학회 2013 한국버섯학회지 Vol.11 No.4

Polyporus umbellatus (Syn. Grifola umbellata) is a sclerotium forming mushroom belongs to family Polyporaceae of Polyphorales, Basidiomycota. The sclerotia of P. umbellatus have long been used for traditional medicines in China, Korea and Japan. This study was initiated to obtain the basic data for artificial sclerotial production of P. umbellatus. Here, we investigated the favorable conditions for mycelial growth of P. umbellatus and its symbiotic fungus Armillaria mellea. We also evaluate the favorable carbon and nitrogen sources for sclerotial formation in dual culture between P. umbellatus and A. mellea. The favorable conditions for mycelial growth of P. umbellatus were 20oC and pH 4, while optimal conditions for mycelial growth of A. mellea were 25oC and pH 6. The carbon sources for optimal mycelial growth of P. umbellatus were fructose and glucose, while carbon sources for favorable mycelial growth of A. mellea were also fructose and glucose. The nitrogen sources for favorable mycelial growth P. umbellatus were peptone and yeast extract, while optimal mycelial growth of A. mellea were obtained in peptone and yeast extract. When P. umbellatus and A. mellea were dual cultured on carbon sources, sclerotia were induced on basal media supplemented with glucose, fructose and maltose at pH 4~6, while nitrogen sources inducing sclerotia were basal media supplemented with peptone and yeast extract for 60 days at 20oC under dark condition.

The Incremental Cost Matrix Procedure for Locating Repair Service Centers in Multinational Reverse Logistics

Hsin Min Chen,Chih Kuang Hsieh,Ming Cheng Wu,Shin Wei Luo 대한산업공학회 2009 Industrial Engineeering & Management Systems Vol.8 No.3

This study provides a heuristic algorithm to solve the locating problem of repair service centers (RSCs). To enhance the customer service level with more satisfaction and quicker responsiveness, the locating problem of RSCs has become one of the important issues in reverse supply chain management. This problem is formulated as a zero-one mixed integer programming in which an exiting distributor will be considered to be an un-capacitated repair service center for the objective of cost-minimizing. Since logistical costs are highly interrelated with the multinational location of distributors and RSCs, the fixed cost for setting a repair service center, variable cost, transportation cost, and exchange rates are considered in this study. Recognizing the selection of un-capacitated RSCs’ locations is a combinatorial optimization problem and is a zero-one mixed integer programming with NP-hard complexity, we provide a heuristic algorithm named as incremental cost matrix procedure (ICMP) to simplify the solving procedure. By using the concise and structural cost matrix, ICMP can efficiently screen the potential location with cost advantage and effectively decide which distributor should be a RSC. Results obtained from the numerical experiments conducted in small scale problem have shown the fact that ICMP is an effective and efficient heuristic algorithm for solving the RSCs locating problem. In the future, using the extended ICMP to solve problems with larger industrial scale or problems with congestion effects caused by the variation of customer demand and the restriction of the RSC capacity is worth a further investigation.