한국인과 일본인의 환자용 사상체질 설문지 문항 응답 비교 연구

류동훈,정종훈,배우열,김규곤,전수형,김종원,Ryu, Dong-Hoon,Jeong, Jong-Hoon,Bae, U-Yeol,Kim, Kyu-Kon,Jeon, Soo-Hyung,Kim, Jong-Won 사상체질의학회 2013 사상체질의학회지 Vol.25 No.3

Objectives This study was performed to compare responses of Korean to the Sasang Constitution questionnaire with those of Japanese and to learn difference in characteristic according to the Sasang Constitution between two countries. Methods 301 Korean visiting the department of the Sasang Constitution, Dong-Eui Medical Center in Busan, Korea from November 2006 to September 2010 responded to the SSCQ-P(Sasang Constitution Questionnaire for Patients). Sasang Constitution specialist interviewed subjects and diagnosed their Sasang Constitution. 361 Japanese visiting the center for Kampo Medicine, Keio University in Tokyo, Japan from January 2010 to February 2011 responded the SSCQ-J(Sasang Constitution Questionnaire for Japanese). The Sasang Constitution was diagnosed in the same way as Korean. We compare responses to the SSCQ-P in Korean with those to the SSCQ-J in Japanese. Results 1. Among Soyangin related 58 items of Sasang Constitution questionnaire, 26, 46.36% items had statistically significant response results in both Korean and Japanese and response disposition of all these items was same. Among Taeeumin related 68items, 36, 52.94% items had statistically significant response results in both Korean and Japanese. Of these, response disposition of 35 items was same and that of 1 item was different. Among Soeumin related 71 items, 31, 43.66% items had statistically significant response results in both Korean and Japanese. Of these, response disposition of 28 items was same and that of 3 items was different. 2. The proportion of items having statistical significance and same disposition in both Korean and Japanese by Sasang Constitutional characteristic category[Features and Way of Speaking, Physical Appearance, Temperament and Talent, Pathological Syndromes] was as follows; In Soyangin, the proportion in Pathological Syndromes was 27.8% and that in the others was more than 41.7%. In Taeeumin, the proportion in Pathological Syndromes was 33.3% and that in the others was more than 57.9%. In Soeumin, the proportion in Features and Way of Speaking was 70.6%, that in Physical Appearance was 8.3% and that in the others was 30~40%. Conclusions The response disposition of many of items having statistical significance between Korean and Japanese was same and that of a few was different. From this, there are many common Sasang Constitutional characteristics between two countries, and possibility of applying the Sasang Constitutional Medicine of Korea to Japan.

일본인 환자의 사상체질에 따른 한방제제 활용에 관한 연구

류동훈,전수형,김종원,Ryu, Dong-Hoon,Watanabe, Kenji,Jeon, Soo-Hyung,Kim, Jong-Won 사상체질의학회 2012 사상체질의학회지 Vol.24 No.4

Objectives : This study was performed to find out the correlation between the use of herbal extracts and the Sasang constitution of patients in Japan. Methods : We recruited 315 subjects who had been visiting the Center for Kampo Medicine for the treatment, Keio University in Tokyo, Japan. They answered SSCQ-P(Sasang Constitution Questionaire for Patients) questionnaire, a sasang constitution specialist interviewed them and diagnosed the sasang constitution. And the 80 herbal extracts subject's having taken were classified into four type Sasang constitutional herbal formulas according to "Donguisusebowon", the ingredients in a formula that have different role(sovereign, minister, assistant and courie) and effect and indication of formula. Results : 1. Among the total 315 subjects, the number of Taeyangin, Soyangin, Taeeumin, and Soeumin was 3(1.0%), 85(27.0%), 90(28.6%), and 137(43.5%). 2. Among the 80 herbal extracts subject's having taken, the number of each Soyangin, Taeeumin, and Soeumin herbal formulas was 30, 7 and 43. 3. 1 Soyangin and 2 Soeumin herbal formulas were prescribed in 3 Taeyangin subjects group. 29 Soyangin, 4 Taeeumin, 52 Soeumin herbal formulas were prescribed in 85 Soyangin subjects group. 39 Soyangin, 6 Taeeumin, 45 Soeumin herbal formulas were prescribed in 90 Taeeumin subjects group. 51 Soyangin, 6 Taeeumin, 80 Soeumin herbal formulas were prescribed in 137 Soeumin subjects group. Conclusions : The Soeumin rate in Japan was significantly higher than that in Korea. There was no significant correlation between the use of herbal extracts and the Sasang constitution in Japan.

독거노인의 생활만족도와 일상생활활동에 관한 비교

류동훈,권소희,이성국,이기남,Ryu, Dong-Hoon,Kwon, So-Hee,Lee, Sung-Kook,Lee, Ki-Nam 대한예방한의학회 2005 대한예방한의학회지 Vol.9 No.1

This study aims to explore the difference in life satisfaction and daily activities of elderly solitaries through a survey conducted from May to June 2004 to 152 who hare moi the criteria set forth for this study. Used for the survey were such tools as 11 items of questions concerning characters of the subjects, Life Satisfaction and Daily activities(K-ADL). The outcomes could be summarized as follows: 1. The majority of 152 subjects are females, aged $70{\sim}79$, living in the urban areas, non-educated with miscellaneous religions(including non-believers), jobless, self-dependent (or living expenses, without leisure, with disease, suffering from sickness despite of treatment and, thus not self-confident in health. 2. The Life Satisfaction and K-ADL of all subjects appear in general to be good with $20.03{\pm}9.74$ and $8.25{\pm}2.74$, respectively. 3. The difference in Life Satisfaction by characters of the subjects is found significantly high in those who are females, living in rural area, educated, with religions and jobs, have diseases treated and currently confident in health. 4. The difference in K-ADL by characters of the subjects is significantly high for those who are older than 80, Buddhists, jobless, affordable with living expenses by themselves, sick currently and not confident in health. Thus, it is thought vastly important to help the elderly solitaries to realize quality of life by social (including family) assistance, economic self-reliance and health promotion and prevention. Measures drawn from the analysis into issues of the elderly solitaries from various aspects may definitely contribute to avoiding and complimenting the causes of various issues relating to the elderly people and to assisting them to cope with the problems in the highly geriatric society to come.

일본인의 사상체질 분포와 질병 및 증상 유형에 관한 연구

류동훈,이현미,김규곤,전수형,김종원,Ryu, Dong-Hoon,Lee, Hyun-Mi,Kim, Kyu-Kon,Jeon, Soo-Hyung,Kim, Jong-Won 사상체질의학회 2011 사상체질의학회지 Vol.23 No.3

1. Objectives: The purpose of this study was done to learn the Sasang constitutional distribution and to find out if there are differences in the type of diseases and symptoms according to the Sasang constitution in Japan. 2. Methods: We collected data from 366 patients who visited the Department of Oriental Medicine, Keio University and recruited 132 healthy persons in Tokyo, Japan. For sasang constitution diagnosis, they all have done SSCQ-P(Sasang Constitution Questionaire for Patients) questionnaire. and a sasang constitution specialist diagnosed the sasang constitution of them. And We classify the diseases and symptoms of 313 patients according to KCD(Korean Standard Classification of Diseases) and learn the prevalences of diseases and symptoms according to Sasang Constitution. 3. Results: 1) Among the total 498 subjects, distributional rate of Taeyangin, Soyangin, Taeeumin, and Soeumin were 2.0%, 26.3%, 29.9%, and 41.8%. Among the 366 patients, distributional rate of Taeyangin, Soyangin, Taeumin, and Soeumin were 0.8%, 27.3%, 28.7%, and 43.2%. Among the 132 healthy group, distributional rate of Taeyangin, Soyangin, Taeeumin, and Soeumin were 5.3%, 23.5%, 33.3%, and 37.9%. 2) The prevalences of 'V.Mental and behavioural disorders', 'XI.Diseases of the digestive system', 'XV.Pregnancy, childbirth and the puerperium' and 'feeling of coldness(X VIII.Symptoms, signs and abnormal clinical and laboratory findings, NEC)' of Soeumin were significantly higher than those of the other constitutions.(p-value<0.05) 4. Conclusions: The distributional rate of Sasangin of Japanese was different from that of Korean and especially the distributional rate of Soeumin of Japanese was significantly higher than that of Korean. There were significant differences on the prevalences of some diseases and symtoms according to KCD in Soeumin.

한약 복용 환자와 미복용 환자의 사상체질 진단정확률 비교 연구

이현미,류동훈,전수형,김규곤,김종원,Lee, Hyun-Mi,Ryu, Dong-Hoon,Jeon, Soo-Hyung,Kim, Kyu-Kon,Kim, Jong-Won 사상체질의학회 2011 사상체질의학회지 Vol.23 No.2

1. Objectives: The purpose of this study was done to compare Sasang Constitution diagnostic rate between taking Sasang Constitution herb medicine patients and non taking group. 2. Methods: We collected data from 430 patients who were visited at the Department of Sasang Constitution, College of Oriental Medicine, Dong-eui University from November 2006 to September 2010. We classified them into two group. One was taking Sasang Constitution herb medicine patients group, the other was non taking group. For Sasang Constitution Diagnosis, they all have done SSCQ-P questionnaire. and a Sasang Constitution specialist diagnosed constitution. According to reactions after taking herb medicine, the patients of taking group were confirmed their constitutions. We checked Sasang Constitution diagnostic rate from each groups'(the whole subjects, taking herb medicine patients group, non taking herb medicine patients group) discriminant function. And to find out Sasang Constitution diagnostic rate, we applied discriminant functions to each other. 3. Results and Conclusions: 1) The whole subjects' diagnostic accuracy rate was 72.07%. 2) Taking herb medicine group's diagnostic accuracy Rate was 75.08%. Non taking herb medicine group's diagnostic accuracy rate applied taking group's discriminant function was 61.60%. 3) Non taking herb medicine group's diagnostic accuracy rate was 81.06%. Taking herb medicine group's diagnostic accuracy rate applied taking group's discriminant function was 57.14%.

형법 제3조(속인주의) 문제의 본질과 법익론적 해결안

류동훈(88) Ryu, Dong-Hoon) 한국형사법학회 2018 刑事法硏究 Vol.30 No.3

미국 캘리포니아주는 올해 1월 1일부터 21세 이상 성인이라면 누구나 기호용 마리화나를 구매할 수 있도록 합법화하였다. 형법 제3조에 따르면, 21세 이상의 대한민국 국민이 캘리포니아에서 적법하게 마리화나를 구입하여 흡연하였더라도, 국내법인 마약류 관리에 관한 법률에 따라 형사처벌된다. 다시 말해, 형법은 대한민국 영역 외에서 죄를 범한 내국인에게 적용되는데, 이는 범죄지를 불문하고 범죄자의 국적을 기준으로 형법의 적용범위를 결정하는 절대적 적극적 속인주의의 태도이다. 이와 같이 형법의 장소적 적용범위를 정하는 기준의 타당성에 의문이 없는가. 국제연대라는 이익에 따라 대상 행위에 대해 자국뿐만 아니라 행위지국도 가벌성을 인정하는 경우에만 자국 형법을 적용한다는 이른바 쌍방가벌주의가 주요 대안으로 거론된다. 그러나, 자국에서 그 처벌로써 보호하고자 하는 법익에 대한 고려가 소홀히 되어서는 아니 될 것이다. 즉 절대적 적극적 속인주의의 본질적 문제는 외국에서 처벌하지 않는 행위를 자국에서 처벌하여야 할 당위성에 대한 판별 없이 일률적 으로 모두 처벌하고자 한 것에 있다. 본 연구는 형법 제3조에 대해 기존에 개진된 비판 의견들과 제시된 대안들에 대한 재비판을 통하여 현행 형법의 속인주의에 대한 태도가 타당한지, 그렇지 아니하 다면 적절한 대안은 무엇인지 검토해 보고자 한다. Anyone 21 and older can legally buy recreational marijuana in California, USA, since January 1st 2018. Nonetheless, according to the Korean Criminal Act Article 3, a Korean national above 21 who legally buys and smokes marijuana in California could face criminal penalty by the ‘Act on the Control of Narcotics’ in Korea. In other words, Korean nationals who commit crimes outside of the territory of Korea become subject to the national Criminal Act based on the ‘absolute personal principle’ which determines the applicable scope of the Criminal Act by one’s nationality. Thus, it is questionable whether such standards in deciding the range of applications are valid or not. From the view of international solidarity, the ‘Principle of Dual Criminality Punishment,’ which applies the Criminal Act only when the country in which the crime has taken place approves its punishability, is discussed as a key solution to this. However, a country must not overlook its legal interests that it tries to protect through punishment. At the same time, the problems with the ‘absolute personal principle’ lies in its nature of punishing all crimes in Korea without rationally differentiating from the ones that are not punished outside. Therefore, this study aims to look into whether ‘the Principle of Nationality’ in the current Criminal Act is valid or not, by re-criticizing the current criticisms and its countermeasures on Article 3 of the Criminal Act, and if not, what could be the appropriate solutions.

콘크리트라이닝 최적화 설계를 위한 이완하중 산정식 적용방안에 대한 연구

류동훈(Dong-Hoon Ryu),김상철(Sang-Cheol Kim),이창진(Chang-Jin Lee),박주용(Ju-Yung Park),임종구(Jong-Goo Lim),문제우(Jae-Woo Moon) 한국철도학회 2012 한국철도학회 학술발표대회논문집 Vol.2012 No.10

콘크리트라이닝 설계는 안정성과 경제성이 확보된 라이닝 최적화 설계가 요구된다. 지반의 이완하중산정은 콘크리트라이닝 설계시 중요 설계인자이며, 기존의 경험식은 지반 이완하중 산정시 적용기준이 모호하여 이완하중이 과다 또는 과소 적용되어지고 있다.한계평형법에 의한 이론식 적용은 복잡한 경계조건 및 지반조건을 반영하기 어렵다. 또한 수치해석에 의한 이완하중 산정방법은 해석수행이 복잡하며, 설계자에 따른 정량적인 이완하중 산정 및 적용에 따른 검증작업이 필요하다. 따라서 본 연구에서는 토피고 및 지반조건에 따른 기존의 경험식, 한계평형법에 근거한 이론식 및 수치해석 방법에 의한 이완하중 특성과 산정된 이완하중 값을 비교분석 하여, 기존의 지반이완하중 산정식을 합리적으로 적용할 수 있는 경계조건을 제시하였다. Design of concrete lining is require to optimizing the concrete lining for the safety and economic efficiency. Relaxed rock loads is important in the design factor of the concrete lining. The empirical method is difficult in calculating the loosening load around a tunnel periphery clearly. Equations of limit equilibrium analysis is difficult to apply complex boundary conditions and soil conditions. Also, Numercal methods are necessary to verify relaxed rock loads values that each designer is calculated. In this study, In order to apply the empirical formula, equations of limit equilibrium analysis and numerical approach effectively, the boundary conditions based on ground characteristics and layers conditions is proposed.

부정기형과 불이익변경금지원칙에 대한 일고찰 - 대법원 2020. 10. 22. 선고 2020도4140 전원합의체 판결에 대한 비판적 검토를 중심으로 -

류동훈 ( Ryu Dong-hoon ) 경상대학교 법학연구소 2023 法學硏究 Vol.31 No.1

제1심법원이 18세의 피고인에 대해 공소사실을 유죄로 인정하며 장기 15년, 단기 7년의 부정기형을 선고하였다. 이에 피고인은 양형부당 등을 이유로 항소하였고, 검사는 그러하지 않았다. 불이익변경금지원칙이 준수되어야 하는 상황이 되었다. 원심법원 역시 공소사실을 유죄로 인정하였으나 피고인이 그 심리 중 19세에 도달하여 더 이상 소년에 해당하지 않게 되자(즉 부정기형이 더 유지될 수 없게 되자) 직권으로 제1심판결을 파기하고 제1심판결의 단기인 징역 7년을 선고하였다. 이는 종래의 대법원 태도에 따른 것이었다. 그러나 검사가 상고하였고 대법원은 견해를 변경하였다. 장기와 단기가 아닌 ‘중간형’을 기준으로 불이익변경금지원칙 위반 여부를 판단하여야 한다는 것이었다. 이는 과연 타당한가. 불이익변경금지원칙은 프랑스혁명 이후 자유주의적 영향으로 형성되어 독일이나 일본 등 대륙법계 형사소송법의 기본원칙으로 채택되었다. 이는 피고인이 중형으로의 변경 위험이라는 심리적 불안 상태에서 벗어나 충분히 상소할 수 있도록 상소권을 보장하고자 하는 데 의의가 있으며 헌법상 재판을 받을 권리에서 도출되는 것으로 봄이 타당하다. 그리고 그 불이익 여부의 판단은 ‘전체적ㆍ실질적 고찰설’에 따르는 것이 합리적이다. 주문을 개별적ㆍ형식적으로 고찰하는 것이 아니라 형법상 형의 종류(제41조)와 경중(제50조)을 기준으로 삼되, 더 나아가 병과형, 부가형, 노역장 유치기간, 집행유예 등 주문의 전체를 고려해 피고인에게 실질적으로 불이익한지에 따라 판단하여야 한다는 것이다. 그런데 부정기형과 정기형 사이 불이익 여부를 판단할 때 부정기형의 장기형이나 -변경된 대법원의 견해와 같이- 중간형으로 본다면 피고인에게 실질적인 불이익을 가하는 것으로서 위법하다. 부정기형의 단기가 지난 때 행형 성적이 양호하며 교정 목적을 달성했다고 인정되는 경우 형집행종료가 가능하고 단기의 3분의 1이 지나면 가석방도 허가될 수 있다. 즉 부정기형을 선고받은 소년범으로서는 단기를 기준으로 형집행종료가 가능하다고 예상하는 것이 가장 유리하다. 결국 기준을 장기형이나 중간형으로 본다면 피고인으로서는 상소할 권리를 단기 이후 형집행종료 가능성이라는 이익과 맞바꾸어 행사할 수밖에 없을 것이고, 그렇다면 불이익변경금지원칙은 더 이상 상소권을 보장하지 못한다. 따라서 ‘중간형’으로의 견해 변경은 -대상판결의 판시와 같은- 책임주의와의 조화라고 볼 수 없다. 불이익변경금지원칙의 훼손이다. The court of first instance sentenced 7 years of indeterminate sentence of 15 years in long-term and 7 years in short term pleading guilty to 18-year-old accused for the charges. So, the accused appealed for the reason of unreasonable sentence but prosecutor did not. It became the situation that the principle of prohibition on disadvantageous alteration should be complied. Original court also pleaded guilty for the charge and as the accused reached to 19 years during the trial and did not correspond to the juvenile anymore, (that is, the indeterminate sentence could not be maintained anymore), the court of second instance repealed the verdict of the first trial by authority and sentenced 7 years of imprisonment, which is short-term sentence of the first trial, which followed the traditional stance of Supreme Court. However, the prosecutor appealed to Supreme Court and Supreme Court changed the view. Supreme Court viewed that they should not verdict long-term or short-term sentence but should judge if it would violate the principle of prohibition on disadvantageous alteration or not. Is it really relevant? The principle of prohibition on disadvantageous alteration was formed by the liberalistic influence after French Revolution and selected as basic principle of the continental criminal procedure act such as Germany, Japan, etc. It has a significance in securing the right of appeal so that the accused can appeal sufficiently getting away from the state of psychological anxiety of alteration risk to severe sentence and viewing that it is derived from the right to trial provided by Constitution is relevant. And it is reasonable that the judgment of disadvantage follows the general and substantial contemplation theory. It stated that the court should not contemplate the request individual and formally but should judge if it is substantially disadvantageous to the accused taking the kinds of punishment (Article 41) and the severity of punishments (Article 50) in the Criminal Act as reference and further, considering the request as a whole such as cumulative sentence, additional punishment, period of imprisonment in workhouse, suspension of sentence, etc. In the meantime, when judging the disadvantage between the indeterminate sentience and the determinate sentence, if it is viewed as long-term punishment of indeterminate sentence or -like the altered view of Supreme Court - intermediate punishment, it is imposing the substantial disadvantage to the accused and it is illegal. In the event that the prison service record is excellent and it is recognized that the correction purpose is achieved, the termination of sentence is possible and the parole can be authorized if one/third of short-term is elapsed. That is, as a juvenile criminal sentenced with indeterminate sentence, expecting that the termination of sentence is possible as a short-term basis is the most advantageous. After all, if the long-term punishment or intermediate punishment is viewed as reference, the accused cannot but exercise the right of appeal in exchange of interest. the possibility of the termination of sentence after short-term punishment, and then, the principle of prohibition on the disadvantageous alteration cannot guarantee the right of appeal anymore. Therefore, the alteration of view to a intermediate punishment cannot be considered as a harmony with the principle of responsibility -like the decision of relevant trial. It is the violation of the principle of prohibition on disadvantageous alteration.

뇌졸중 환자의 체질별 혈액학적 특성 -1개 한방병원의 입원환자를 중심으로-

전수형,김종원,류동훈,김규곤,이용태,Jeon, Soo-Hyung,Kim, Jong-Won,Ryu, Dong-Hoon,Kim, Kyu-Kon,Lee, Yong-Tae 사상체질의학회 2013 사상체질의학회지 Vol.25 No.1

Objectives The purpose of this study is to know hematologic characteristics of patients with stroke in Sasang Constitutional Medicine which will be helpful for the prevention and treatment of stroke. Methods We collected data from 111 patients who received treatment as a stroke inpatient at one Korean medicine hospital in Busan, Korea. A Sasang Constitutional Medicine(SCM) specialist diagnosed their Sasang Constitutional types based on the four diagnosis standard of SCM and herbal medicine reaction. Results of hematologic tests were classified according to gender, age, stroke types and Sasang Constitutional types and analysed by SAS system. Results 1. Male's mean value of RBC count, Hemoglobin and Hematocrit was lower than normal range. 2. The mean value of hsCRP of above age 65 group was 3.19 times significantly higher than under age 65 group. 3. The mean value of platelet of cerebral hemorrhage group was significantly higher than cerebral infarction group. 4. The mean value of triglyceride of Taeeumin was significantly higher than Soyangin and Soeumin. Conclusions For the prevention of stroke, appropriate treatment of stress, trauma and infections is needed and male require a regular and balanced meals. Especially Taeeumin need to eat small meals to avoid excessive accumulation of energy.

자켓(Jacket)구조물을 응용한 수중터널연구

김준모(Joon-Mo Kim),고동춘(Dong-Chun Go),정병률(Byung-Ryul Jung),정운기(Wun-Gi Jung),류동훈(Dong-Hoon Ryu) 한국철도학회 2010 한국철도학회 학술발표대회논문집 Vol.2010 No.10