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      • 現代行政에서의 裁量과 司法審査의 方向

        金明吉 釜山敎育大學 1990 부산교육대학 논문집 Vol.26 No.1

        1. According to the changes of the function of modern state, the functions of the executive have become enlarged and diverse. Especially in welfare administration, administrative agency carries out its task by discretion. Moreover, the expertness or complication of administration demands discretion of agency. In modern administration, the agency has been carrying out important functions by the exercise of discretionary power, which has been making some structua changes in the administrative law, but some problems give rise to it. Therefore, it is urgent and important to analyze the problems of discretior and to suggest solutions of them. 2. The content of this paper is as follows; a. Introduction b. Characteristics and functions of modern administration c. Discretion in modern administration d. Discretion and rule of law e. Judicial review on discretion f. Conclusion 3. In conclusion, the court shall review the whole part cited by a party, so questions of fact and questions of law are controlled by the court. But, generally speaking, judicial review has difficulty in administrative decisions and findings by exercise of discretionary power, because the agency has legitimacy endowed by constitution and law in self-regulated field. Thus, the scope of judicial review extends all relevant questions of law but not all questions of facts unless it fall under follows. a. in case of arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law b. in case of without observance of procedure requiered by law c. in case of unsupported by substantial evidence In such cases, the court holds unlawful and set aside agency action, findings.

      • 行政契約論考

        金明吉 釜山敎育大學 1987 부산교육대학 논문집 Vol.23 No.1

        1. According to the tendency of function of modern administration administrative actions have become complicated and diverse. Especially, administrative agency achieves its purpose not by authoritative actions but by non-authoritative actions. Among non-authoritative actions, nowadays, Verwaltungsvertrag is considered to be important and indispensable according to the demand of modern administration. While it has been carrying out important functions in modern administration, until now the concept of verwaltungsvertrag is not clearly formulated in fact. The growth of Verwaltungsvertrag may be inclination to restrain individual rights and interests, so there are several problems awaiting sollution in the administrative law. 2. The content of this paper can be summarized as follows; 2-1. Introduction 2-2. The definition of the concept of Verwaltungsvertrag 2-3. Legal foundation of Verwaltungsvertrag 2-4. Measures for relief of Verwaltungsvertrag 2-5. Conclusion - suggestion of some problems 3. Some solutions may be given in substance as follow; 3-1. The concept of Verwaltungsvertrag is definited resting on the basis of broad approval of Verwaltungsvertrag 3-2. Verwaltungsvertrag is vested flexibility in legal foundation 3-3. Individual rights and interests are fairly compensated From now on, more studies on some problems of Verwaltungsvertrag suggested in this paper are demanded.

      • SCOPUSKCI등재

        무갑상선 쥐에서 중식성 반흔의 새로운 실험모델

        김영진,이백권,장도명,조길환,임풍 大韓成形外科學會 1999 Archives of Plastic Surgery Vol.26 No.4

        Proliferative scarring in the form of keloids and hypertrophic scars continues to be a clinical problem for some patients. The lack of an animal model for such scarring has been an obstacle to studying the biology and effective therapy of these entities. Consequently we created an accurate reproductive animal model to systematically study them. Human proliferative scars were explanted into flaps based on isolated vascular pedicles in congenitally rats. We compared the procollagen type Ⅲ peptide levels of proliferative scar tissue before and after explanting. The procollagen type Ⅲ peptide levels of explanted proliferative scar tissue remained increased as before explanting. Histological analysis of the explanted proliferative scar tissue revealed that all explants retained their original histotypic character even after 1 year. We could also retain the volume of implanted proliferative scar for 1 year and studied in vitro cellular proliferation. Fibroblast cultures from explanted scars demonstrated less aggressive growth characteristic than those from original surgical specimens. The advantages of this animal model are as follows: 1. The explants retain their histotypical character for a long period. 2. Placement of the explants outside the dorsum of a nude rat makes serial observation and measurement easier. 3. Agents under test can be injected into the explants through a catheter inserted into a single pedicle of island flap without the possibility of spreading systematically.

      • 국내 주요호수의 육수학적 조사 (1) : 옥정호

        김범철,박주현,이병진,허우명,황길순,최광순,채기숙 江原大學校 附設 環境硏究所 1998 環境硏究 Vol.15 No.-

        The limnological survey of Lake Okjong was conducted for one year from June 1993 to May 1994 on the monthly basis. The loading of phosphorus, nitrogen and organic carbon from the watershed into the lake were monitored at the main in flowing sites. Secchi disc transparency , epilimnetic chlorophyll a, total nitrogen, total phosphorus concentration and primary production were in the range of 1.3~4.H m, 2.4~ 18.7 mg Chl/m³. 1.25~2.87 mg N/l, 7~65 mg P/m³, 325~2,113 mg C/m²/day, respectively. TN/Tl atomic ratio varled from 129 to 443. N/P ratio decreased in summer because phosphorus concentration was higher than in winter, while nitrogen did not vary much. The seasonal succession of phytoplankton was distinct. In winter and spring, diatoms, Aulacoseira granulata var. angustissima and Aulacoseira italica were dominant while cyanobacteria, Microcystis sp.,M. ichthyovlabe, Phormidium sp. and P.valderianum var. tenuis were dominant in warm seasons. The dominant zooplankton species were Thertmocyclops taihokuensis in warm seasons while Boosmina longirostris were dominant in cold seasons. The organic carbon, nirtogen and phosphorus content of lake sediment were 8.0~14.8, 0.59~0.71, 1.14~1.87 ng N/g, respectively. The sediment of Lake Okjong can be classified as oligohumic based on C/N ratio. The total phosphorus loading from the watershed and fishfarm were estimated to be 2.7g P/m²/yr, which far exceeded the critical loading for eutrophication. The organic carbon loading from the watershed and primary production were determined to be 998t C/yr, 6,348t C/yr, respectively. Most of organic carbon was contributed by autochthonous primary production of phytoplankton. Trophic state of Lake Okjong can be classified as eutrophic

      • KCI등재

        정신분열증 환자의 혈청 총 CPK 활성치 및 동위효소의 분획상

        金平周,金明正,延炳吉 大韓神經精神醫學會 1983 신경정신의학 Vol.22 No.4

        The purpose of this study was to determine the total serum CPK activity and the fractions of the isoenzymes in the schizophrenic patients and to investigate the correlation between the CPK activity and several clinical variables such as symptoms, course, subtype of schizophrenia. 18 hospitalized schizophrenic patients and 9 healthy adult controls were subjects of this study. The results were as follows ; 1) total serum CPK activity of all the normal controls fell in the normal range but that of 3 schizophrenic patients exceeded the normal range. Means of total serum CPK of both groups were in the normal range, but that of the schizophrenic group was significantly higher than that of the control group by 59.1±23.2 I.U./ℓvs. 45.0±9.1 I.U./ℓ. 2) Mean value of the MB type isoenzyme of the schizophrenic group was 6.1±3.9 I.U./ℓ, a significantly higher level than that of the control group in which the value was 1.4±1.1 I.U./ℓ. Mean of MM type isoenzyme of the schizophrenic group was 49.7±20.7 I.U./ℓ and that of control group was 43.6±8.6 I.U./ℓ, showing no significant difference. The BB type was detected in 3 schizophrenics and in none of the control group. 3) The correlation coefficients calculated between the total serum CPK activity and 16 symptom categories of the Psychiatric Evaluation Form of Spitzer et al excluding 3 symptom categories of Narcotics-Drugs, Antisocial Attitudes-Acts, and Alcohol Abuse revealed significantly high correlation in the symptoms of Social Isolation, Belligerence-Negativism and Disorientation-Memory. The remaining items of Agitation-Excitation, Suicide-Self Mutilation, Grandiosity, Somatic Concern, Speech Disorganization, Hallucination, Anxiety, Inappropriateness, Suspicion-Persecution, Denial of Illness, Depression, Daily Routine-Leisure Time and Retardation-Lack of Emotion did not correlate with the CPK activity. No significant difference was noted between paranoid and non-paranoid schizophrenics and between the groups of long and short durations of the active symptoms. From the above results, the authors could confirm the elevation of the total serum CPK activity in the schizophrenics as compared to the normal controls. They also suggest further probing into the alterations of the isoenzymes with sufficient number of the subjects and with more refined procedures.

      • KCI등재

        알코올 의존 환자에서 갈근이 혈중 알코올 농도와 음주 효과에 미치는 영향

        김명정,정영인,박제민,김성곤,최영길 大韓神經精神醫學會 1996 신경정신의학 Vol.35 No.6

        갈근의 장기 투여가 혈중 알코올 농도와 음주 효과에 미치는 영향을 알아 보기 위하여 알코올 의존으로 입원하여 급성 알코올 중독과 금단 증상에서 회복된 남자 환자를 대상으로 갈근 투여군과 대조약 투여군으로 나누어 갈근과 대조약을 4주간 투여하였다. 갈근 혹은 대조약 투여 전후에 우울과 불안을 측정하고, 알코올 함량이 25%인 소주를 체중 kg당 ml를 음주하게 한 후 음주 전, 음주 후 10, 30, 60, 90, 120분에 각각 혈중 알코올 농도와 음주 효과를 측정하고 4주 동안의 일일 음식 섭취량을 측정하여 다음과 같은 결과를 얻었다. 1) 갈근 투여 전후 사이 그리고 실험군과 대조군 사이에 음주 후 혈중 알코올 농도에 유의한 차이가 없었다. 2) 갈근 투여 전에 비하여 투여 후에 음주 후 수축기 혈압은 음주 후 10, 30, 60, 90분에 그리고 이완기 혈압은 음주 후 10, 30, 60, 90, 120분에서 유의하게 낮았다. 갈근 투여 전의 수축기 혈압은 음주 후 10분에서 그리고 이완기 혈압은 음주 후 10, 30, 60분에서 음주 전에 비해 유의하게 상승하였으나 갈근 투여 후에는 알코올에 의한 위의 혈압 상승 효과가 차단되었다. 3) 갈근 투여 전에 비하여 투여 후에 운동량은 음주 60, 90분에서 유의하게 낮았고 목소리는 음주 후 10, 30, 60, 90분에서 유의하게 작았다. 갈근 투여 전의 운동량은 음주 후 10분부터 음주 전에 비하여 유의하게 상승하였으나 갈근 투여 후의 운동량은 음주 후 60분부터 유의하게 상승하여 알코올에 의한 상승 효과가 지연되었다. 4) 우울과 불안은 갈근 투여 전과 위약 투여 전 그리고 갈근 투여 후와 대조약 투여 후 간에는 유의한 차이가 없었다. 5) 음식 섭취량은 갈근 투여군과 대조약 투여군 모두에서 실험 기간 동안 유의한 변화가 없었다. Effect of radix puerariae on blood alcohol concentration and on alcohol effect in alcoholic patients was studied. The subjects were 57 hospitalized male alcoholics recovered from acute intoxication and withdrawal symptoms. They were divided into two groups of 29 subjects of experimental group and 28 control group. The experimental group was adminitrered with 10g/day of powder of radix puerarize and the control group with mixture of 4g/day of radix glycyrrhizae and 6g/day of flour for 4 weeks, respectively. Before and after treatment of the drugs, blood alcohol concentration, vital signs, and mania rating scale were measured at -5, 10, 30, 60, 90 and 120 minutes after administration of 25% alcohol at a dose of 6ml/kg b.w.p.o. The results were as follows: 1) Blood alcohol concentration was not changed by four weeks of radix puerariae treatment and no difference in the blood alcohol concentration was noted between the radix puerariae and the control groups. 2) Radix puerariae significantly lowered systolic blood pressures at 10, 30, 60 and 90 minutes after alcohol intake and diastolic blood pressures at 10, 30, 60, 90 and 120 minutes after alcohol intake as compared to the corresponding pre-treatment levels. Moreover, before radix puerariae treatment, alcohol-induced elevation of systolic blood pressure was significant at 10 minutes after alcohol intake and that of diastolic blood pressure was significant at 10, 30 and 60 minutes after alcohol intake. But after radix puerariae treatment, such elevation was abolished. 3) Radix puerariae reduced significantly levels of motor activity at 60 and 90 minutes after alcochol intake and levels of voice at 10, 30, 60 and 90 minutes after alcohol intake as compared to the respective pre-treatment levels. Alcohol-induced enhancement of motor activity was significantly increased from 10 minutes after alcohol intake before radix puerariae treatment. But after the drug treatment, it was significantly increased from 60 minutes after alcohol intake. Thus radix puerariae delayed the development of alcohol-induced enhancement of motor activity. 4) No significant differences were noted in the levels of anxiety and depression between the index group and the control, either before or after respective drug treatment. 5) Food intake was not changed during the experimental period in both groups.

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