bluuebunny/crossref_metadata_2025 huggingface dataset:
Las relaciones de convivencia y el precario Análisis de la sentencia de Corte Suprema de 6 de julio de 2021, Rol N° 90760-2020; Corte de Apelaciones de Puerto Montt de 23 de junio de 2020, Rol N° 488-2019
Authors: Loayza Mosqueira Boris
Published: July 2023

La idea que subyace a la regulación del precario del artículo 2195 inciso 2° consiste en resolver la tensión entre los intereses del dueño de la cosa y el precarista. Dicha solución debe privilegiar al dueño, a menos que el precarista esté legitimado por un antecedente jurídico suficiente. El problema radica, entonces, en otorgar dicho carácter a meras situaciones de hecho, como la relación de convivencia invocada en la sentencia que se comenta.
Comentario sobre sentencia recurso de protección, Corte Suprema, 26 de mayo de 2021
Authors: Ataoğlu Colonnello Seren
Published: July 2023

La Corte Suprema ha insistido en que el de-recho al olvido no existe en el sistema jurídico chileno. A partir de una sentencia sobre este tipo de casos, se analiza la argumentación de la Corte y se reconstruye la concepción irenista de la Constitución que parece subyacer a esta decisión y al conjunto de las sentencias precedentes.
Career development models
Authors: Dewi Ni Putu Putri Yuliana , Budiasih I Gusti Ayu Nyoman , Gayatri Gayatri , Wirajaya I Gde Ary
Published: July 2023

The purpose of this research is to find out how they can balance their personal life and work life considering that Balinese women play three roles at once, namely the household role, the economic role, and the traditional role, both in the family, banjar, and in the traditional village. This research is a type of qualitative research that, in exploring its meaning, uses semi-structured interviews to gain an understanding of Balinese women who are in different phases of career development. The informants used in this study were 3 (three) Balinese women who were in 3 different career development models: the idealistic achievement model involved women aged 24 to 35 years who were at the beginning of a career, the pragmatic endurance model involved women aged 36 to 45 years in mid-career, and the re-inventive contribution model involved women at the end of their careers, aged 46 to 60 years, who occupy structural positions in the finance section at the Denpasar City OPD with the status of those who are married or swadharma grhasta asrama respectively. The data analysis technique used in this study uses the interpretive phenomenology analysis (IPA) approach developed by Smith to explore understanding.
Decomposition of CO-=SUB=-2-=/SUB=- in a barrier discharge in the presence of cerium oxide catalysts
Authors: Lebedev Yu. A.  , Golubev O. V.  , Batukaev T. S.  , Maximov A. L.
Published: July 2023

A number of catalysts based on cerium oxide have been synthesized to study the process of plasma-catalytic decomposition of CO2 in a barrier discharge. For the first time, an oxide catalyst MgCe-Al has been compared with samples containing in the composition only cerium oxide or magnesium oxide. It has been established that, in the presence of the MgCe-Al sample, the highest degree of the CO2 decomposition and highest energy efficiency get achieved. Keywords: barrier discharge, cerium oxide, low temperature plasma, catalyst, CO2 decomposition.
Reduction of copper from oxides when heated in air
Authors: Pilyagin M. V.  , Tagirov L. R.
Published: July 2023

The paper presents the results of experiments on the reduction of copper oxides formed during the heat treatment of metallic copper samples in air. The necessary condition is the presence of a muffle made of a material with a higher electron affinity (lower standard electrode potential) compared to copper. Replacing nitrogen in the composition of the atmosphere with an equal proportion of argon does not change the observed redox pattern. Our results indicate an electrochemical mechanism for the reduction of copper oxides in a steel muffle, in which oxygen plays the role of a charge carrier. Keywords: oxidation of metallic copper, reduction of copper oxides, steel muffle, air, oxygen, electrochemistry.
The mechanical stresses reduction in a thin-walled quasi-force-free magnetic system inserted into external crossed magnetic fields
Authors: Shneerson G. A.  , Titkov V. V.  , Voloshin K. V.
Published: July 2023

The mechanical stresses in the thin-walled quasi-force-free winding of the solenoid, which arise when a strong pulsed magnetic field is produced, can be significantly reduced if the winding is inserted into the space between two magnets creating crossed fields. It is shown that, with a rational choice of the amplitude and shape of the external field pulses, the stresses can be reduced to values less than one tenth of the magnetic pressure of the generated field. Keywords: strong magnetic fields, quasi-force-free field, force-balanced coil.
Analysis of the cooperative dynamics of nonlinear systems based on joint singularity spectrum
Authors: Guyo G. A.  , Pavlov A. N.
Published: July 2023

A generalization of the wavelet-transform modulus maxima method to the case of multifractal analysis is proposed, in which the cooperative dynamics of subsystems and the change in the interaction between them are characterized using a joint singularity spectrum. On the example of the phenomenon of chaotic synchronization in the model of interacting Lorenz systems, the possibility of diagnosing a change in the functioning regime in terms of the wavelet-based multifractal formalism is illustrated. Keywords: multifractal analysis, random process, scaling, singularity spectrum.
Luminescent response of photonic crystals with embedded Ge nanoislands with different hole etching depths
Authors: Yurasov D.V.  , Yablonskiy A.N.  , Shaleev M.V.  , Shengurov D.V.  , Rodyakina E.E.  , Smagina Zh. V.  , Verbus V.A.  , Novikov A.V.
Published: July 2023

Two-dimensional Si-based photonic crystals with embedded Ge nanoislands were studied. In particular, dependences of the steady-state and time-resolved photoluminescence response on the depth of the air-holes which form the photonic crystal itself were investigated. It was shown that the maximum luminescence intensity was observed not for the fully-etched photonic crystals but for the intermediately etched ones. The possible origin of such a behavior is discussed. Keywords: SiGe heterostructures, Ge islands, Photonic crystals, Photoluminescence, non-radiative recombination.
A high-selectivity waveguide bandpass filter with interference suppression by more than 120 dB in rejection band
Authors: Belyaev B. A.  , Serzhantov A. M.  , Leksikov A. A.  , Bal’va Ya. F.  , Alexandrovsky A.A.  , Galeev R. G.
Published: July 2023

The design of a 10th-order waveguide bandpass filter with an additional inductive cross-coupling between non-adjacent resonators has been proposed and studied. An inductive coupling is formed by a U-shaped conductor structure with grounded ends that is formed in the filter cover. This method of cross-coupling organization ensures not only the temperature stability of the characteristics, but also the manufacturability of the structure. The high selectivity of the device is achieved by both the attenuation poles located near the passband, as well as the level of suppression in the stopbands, exceeding 120 dB. The passband loss of the fabricated filter is ~ 0.8 dB at its central frequency f0=18.2 GHz and relative bandwidth Delta f/f0=1.5%. The small dimensions (135x 30x 10 mm) and the weight of about 200 g of the device, with simultaneously high electrical characteristics show the promise of its use, for example, in on-board and ground-based space communication systems Keywords: bandpass filter, waveguide, resonator, cross-coupling.
Current status of research literature in the area of Well-being in Early Childhood
Authors: Morato-Espino Paulin Grace
Published: July 2023

Early childhood is an important period in a child’s development. Despite the advances in child well-being research in the past decade, there are notably fewer studies involving young children, and even fewer ones where children are active participants. This mini-review summarises recently published work on the study of well-being in early childhood and provides recommendations on the future direction of research in this area. Most research on early childhood well-being is related to health promotion and parenting. These studies define well-being varyingly and employ diverse instruments to measure it. Only one study necessitated the active participation of children. Recommendations include operationally defining well-being, more research developing instruments and methods to measure well-being specifically for young children and including the active participation of children in well-being research regardless of age.
Stimulation of systemic resistance in strawberries against gray mold disease caused by Botrytis Cinerea using amino butyric acid and melatonin
Authors: Mohammad Ahmed Yasser , Mahmood Abed Jasim
Published: July 2023

The study aimed to isolate and diagnose the fungus that causes gray mold disease in strawberries, and the study showed the spread of the fungus Botrytis cinerea in all areas of sample collection (Baghdad - Anbar - Babylon - Salah al-Din). Reducing the infection rate to (28%, and 32.33%) in the strawberry plant compared to the control treatment contaminated with the pathogenic fungus (82.67). The results showed a significant effect of the above induction factors in reducing the diameter growth rate and the dry weight rate of the biomass of the fungus, which reached (2.80 cm, 4.67 cm) and (0.253, 0.357 mg) respectively, compared to the control treatment with a diameter of (9 cm, 0.423 mg). For the inducing factors BABA and Melatonin, the results showed a significant increase in the rate of peroxidase enzyme activity, as it reached Melatonin (48.248 minutes gm fresh weight-1) and BABA (37.330 minutes gm fresh weight-1). Accumulated total phenols achieved BABA (3.203 mg fresh weight-1) and Melatonin (2.635 mg fresh weight-1). Keywords: Stimulate; Botrytis cinerea; BABA; Melatonin; Strawberry
Efficient Generation of Chondrocytes From Bone Marrow–Derived Mesenchymal Stem Cells in a 3D Culture System: Protocol for a Practical Model for Assessing Anti-Inflammatory Therapies
Authors: Patnaik Rajashree , Jannati Shirin , Sivani Bala Mohan , Rizzo Manfredi , Naidoo Nerissa , Banerjee Yajnavalka
Published: July 2023

Background

Chondrocytes are the primary cells responsible for maintaining cartilage integrity and function. Their role in cartilage homeostasis and response to inflammation is crucial for understanding the progression and potential therapeutic interventions for various cartilage-related disorders. Developing an accessible and cost-effective model to generate viable chondrocytes and to assess their response to different bioactive compounds can significantly advance our knowledge of cartilage biology and contribute to the discovery of novel therapeutic approaches.

Objective

We developed a novel, streamlined protocol for generating chondrocytes from bone marrow–derived mesenchymal stem cells (BMSCs) in a 3D culture system that offers significant implications for the study of cartilage biology and the discovery of potential therapeutic interventions for cartilage-related and associated disorders.

Methods

We developed a streamlined protocol for generating chondrocytes from BMSCs in a 3D culture system using an “in-tube” culture approach. This simple pellet-based 3D culture system allows for cell aggregation and spheroid formation, facilitating cell-cell and cell–extracellular matrix interactions that better mimic the in vivo cellular environment compared with 2D monolayer cultures. A proinflammatory chondrocyte model was created by treating the chondrocytes with lipopolysaccharide and was subsequently used to evaluate the anti-inflammatory effects of vitamin D, curcumin, and resveratrol.

Results

The established protocol successfully generated a large quantity of viable chondrocytes, characterized by alcian blue and toluidine blue staining, and demonstrated versatility in assessing the anti-inflammatory effects of various bioactive compounds. The chondrocytes exhibited reduced inflammation, as evidenced by the decreased tumor necrosis factor-α levels, in response to vitamin D, curcumin, and resveratrol treatment.

Conclusions

Our novel protocol offers an accessible and cost-effective approach for generating chondrocytes from BMSCs and for evaluating potential therapeutic leads in the context of inflammatory chondrocyte–related diseases. Although our approach has several advantages, further investigation is required to address its limitations, such as the potential differences between chondrocytes generated using our protocol and those derived from other established methods, and to refine the model for broader applicability and clinical translation.
Coping Strategies Used by Health Care Workers in Ecuador During the COVID-19 Pandemic: Observational Study to Enhance Resilience and Develop Training Tools
Authors: Vicente María Asunción , Gil Hernández Eva , Carrillo Irene , Fernández César , López-Pineda Adriana , Guilabert Mercedes , Martín-Delgado Jimmy , Solis Carlos , Camba Karla , Cañizares Fuentes Wilson Ricardo , Mira José Joaquín
Published: July 2023

Background

The COVID-19 pandemic has generated immense health care pressure, forcing critical decisions to be made in a socially alarmed environment. Adverse conditions have led to acute stress reactions, affective pathologies, and psychosomatic reactions among health personnel, which have been exacerbated by the successive waves of the pandemic. The recovery of the entire health system and its professionals has been hindered, making it essential to increase their resilience.

Objective

This study aimed to achieve 2 primary objectives. First, it sought to identify coping strategies, both individual and organizational, used by health care workers in Ecuador to navigate the acute stress during the early waves of the pandemic. Second, it aimed to develop training materials to enhance team leaders' capabilities in effectively managing high-stress situations.

Methods

The study used qualitative research techniques to collect information on institutional and personal coping strategies, as well as consensus-building techniques to develop a multimedia psychological tool that reinforces the resilience of professionals and teams in facing future crises.

Results

The findings from the actions taken by health care workers in Ecuador were categorized into 4 types of coping strategies based on Lazarus' theories on coping strategies. As a result of this study, a new audiovisual tool was created, comprising a series of podcasts, designed to disseminate these strategies globally within the Spanish-speaking world. The tool features testimonials from health care professionals in Ecuador, narrating their experiences under the pressures of providing care during the pandemic, with a particular emphasis on the coping strategies used.

Conclusions

Ensuring the preparedness of health professionals for potential future outbreaks is imperative to maintain quality and patient safety. Interventions such as this one offer valuable insights and generate new tools for health professionals, serving as a case study approach to train leaders and improve the resilience capacity and skills of their teams.
The Application of Online Literature Circle in English Reading Teaching in Chinese Vocational Colleges
Authors: Huang Ning
Published: July 2023

Reading teaching plays a crucial role in vocational college English. The ability to read proficiently has a significant impact on students’ English performance. For a long time, cultivating students’ reading ability is one of the important goals of English teaching. However, students in vocational colleges often struggle with their reading skills, as well as their cognitive abilities, cultural awareness, and learning capabilities. Through the exploration of literary reading, it has been discovered that the reading teaching mode of Literature Circle aligns well with the objectives of English reading teaching in vocational colleges. Based on this, the author conducted an in-depth investigation into the application of the online Literature Circle mode in English reading teaching and its impact on students’ reading and learning abilities. This paper outlines the process of integrating the online Literature Circle mode into English reading teaching, and discusses its effects on students’ reading and learning abilities. Experimental results have demonstrated that the Literature Circle teaching mode can enhance students’ reading skills and learning capabilities. This research further enriches the Literature Circle teaching mode and provides valuable insights for front-line teachers in English reading teaching in vocational colleges.
Analysis of the Impact of Learning Folk Dance on College Students
Authors: Chen Hongye
Published: July 2023

The thesis thoroughly researches the influence of learning folk dance on college students. Through analyzing the concept and characteristics of folk dance, the importance of cultural heritage, the current situation of learning, and the influence on college students’ psychological, physical and cultural identity, it is found that learning folk dance has a positive influence on college students’ comprehensive development. Learning folk dance can improve the comprehensive ability of college students, enrich their personal interests, improve their health and living habits, and enhance their identification with and pride in traditional culture. In addition, learning folk dance can help college students improve their self-knowledge and self-esteem, cultivate their social skills and sense of cooperation, and regulate their emotions and release pressure. Taken together, learning folk dance has a profound positive impact on the comprehensive development of college students, and provides useful support and assistance for the inheritance and development of traditional culture.
Utilization, Effectiveness and Challenges of EFL Online Teaching in China during Covid-19
Authors: Liu Jiao Liu Jiao
Published: July 2023

The COVID-19 pandemic has prompted a global shift to online education, including English as a Foreign Language (EFL) courses in Chinese higher education. However, strategies to improve EFL online teaching in China are unexplored. This dissertation investigates the use, effectiveness, and challenges of EFL online courses in China during the pandemic. A descriptive correlational method was used to study the relationship among three variables, with data collected from 383 college English teachers in China. The results showed that EFL teachers are generally skilled at using online courses and find online EFL teaching effective. The main challenges identified were technological issues and reduced interaction. Age and teaching experience significantly impact online teaching utilization, effectiveness, and the ability to overcome these challenges. The study found a positive correlation between the extent of online teaching use and its effectiveness, and a negative correlation between use and challenges faced. As online teaching is used more and its effectiveness is increased, fewer challenges are faced. The dissertation suggests an interactive EFL online teaching model to optimize effectiveness and minimize challenges, offering a guide for delivering highly interactive and effective EFL online courses.
Seismic Analysis of High-Rise Tube in Tube Structures with Different Bracing Conditions
Authors: Trivedi Akshay , Shrivastava Dr. Gunjan , Patil Kishor
Published: July 2023

Abstract: Tall structures frequently have tubular structures. Frame tube, braced tube, tube in tube, and bundled tube constructions are examples of tubular structures. With a tubular structure, lateral loads can be resisted by designing the building to resemble a hollow cantilever that is perpendicular to the ground. Because they have less storey shear, storey displacement, and storey drift than other tubular systems, tube in tube structures are preferable. According to IS1893:2016 (Part 1), the influence of bracing type and position has been investigated in this study for a 20-story building in zone IV. Seismic metrics for braced and unbraced buildings are compared. The study at the building's corner and centre uses bracing made of angles and tubular sections. Seismic parameters are compared for unbraced and braced building. Angle and tubular section bracing are designed and used for the study at centre and corner of the building. From the study a comparative statement has been made for the use of bracing at different locations of tube in tube building. Comparative analysis will ease the designer to select the proper bracing type and location for high-rise tube in tube buildings.
Seismic Analysis of Irregular Diaphragm Reinforced Concrete Building with Fluid Viscous Dampers
Authors: Trivedi Abhay , Shrivastava Dr. Gunjan , Patil Kishor
Published: July 2023

Abstract: Fluid viscous damper is the most commonly used tool for controlling structures’ responses. Fluid viscous dampers with different construction technologies are applied in order decrease the responses of structures to the seismic vibrations. During the recent years, controlling structure has turned into a scientific technology to protect structures against wind and earthquake loads. In the present study linear dynamic and non-linear static analysis was adopted to assess the seismic performance of an irregular diaphragm building. Building with and without fluid viscous damper have been taken.The outcomes of the study will be beneficial to assess the performance of existing building vulnerable to seismic loads after the installation of fluid viscous dampers.
Overview of Device-To-Device Communication In Cellular Networks: A Review
Authors: Nadar Melvin
Published: July 2023

Abstract: An elaboration of cellular networks has led due to the contact increase in demand for networks because of the growing demand for subscribers. The explosive growth of cellular data demand has led to the preface of Device-to-device (D2D) dispatches. We accept a huge swell of nearly billions of connected biases in the near future. Due to the increase in subscribers and data operation, there's a vital needful for an increase in innovative ways in order to boost data experience. Mobile network drivers (MNOs) must use their limited diapason coffers flexibly in order to meet the added demand. Device-to-device (D2D) communication, which offers extremely low quiescence for stoner communication, is anticipated to play a large part in arising cellular networks. This new model may operate in a certified or unlicensed diapason. In this paper would further bandy about the bracket of D2D communication including its operation, overview, integrated ways, etc.
Actual sky visibility under shading by trees with different crown densities
Authors: Kornienko Sergey V. , Dikareva Ekaterina A.
Published: July 2023

Introduction. The development of green infrastructure is an important task in urban planning strategies to reduce urban heat island effect and improve urban ecosystem. The aim of this study is to determine the actual visibility of the skyline when shaded by trees of different crown densities. The scientific novelty is that for the first time a study of the actual sky visibility with trees shading as complex heterogeneous systems has been conducted to assess the effect of mitigating of urban heat island. The practical significance lies in the establishment of the actual visibility of the firmament under the shading of trees with different crown density, which enables the correction of simulation models to analyze the parameters of the microclimate of the urban environment under given climatic conditions.

Materials and methods. Various approaches to determining the sky visibility are considered. Direct measurements were made by photographing with a special fisheye lens and a smartphone. The research was carried out in a temperate continental climate (according to the international climate classification Köppen — type Dfa). Several tree species most commonly found in landscaping under the climate conditions in question and having different crown densities were selected: elm, oak, maple and poplar. For each, several samples were selected as required for data averaging. A total of 27 samples were studied.

Results. A diagram of measured averaged values of the sky visibility factor was plotted, taking into account shading by trees with different crown densities in different periods of the year. To protect trees with dense spreading crowns from the direct solar radiation in the summer daytime, it is better to use trees with dense spreading crowns to intensify the radiant heat exchange of the urban surface with the sky at night — trees with less dense crowns. In case of the need to soften the urban heat island during the day, hybrid solutions are the most effective.

Conclusions. The actual assessment of the sky visibility, made by the authors taking into account shading by trees, allows us to make corrections in simulation models to analyze the parameters of the microclimate of the urban environment under the given climatic conditions. The results of the study make it possible to select the type of tree providing the required shading and urban heat island’s mitigation effect.
Restoration works and major repairs at cultural heritage sites: basic aspects of building digitization in forecasting and planning of works
Authors: Zueva Elena S. , Meshcheryakova Tatiana S.
Published: July 2023

Introduction. The problematics of exploitation of objects of cultural heritage (OCH) is covered. The classification of OCH and peculiarities of their definition in different countries are presented. The statistical data on OCH in the Russian Federation, including those belonging to UNESCO, are analyzed. The peculiarities of management, problems of monitoring the state of OCH are considered. The fundamental issue of OCH management is the protection activity, which is based on unique models formed by different countries on the basis of their unique experience. The proposed approach to creating a methodology for capital works on OCH using digital twins (DT) of buildings is of practical importance, as it makes it possible to predict the serviceability and preservation in time of objects, providing the necessary degree of elaboration of structural sections of the restoration of OCH projects. The aim of the study is to describe the modern approach to forecasting and planning of capital works on OCH.

Materials and methods. The data of the national and international normative-legal base in the field of urban planning and protection of OCH are used. The public source of statistical information on OCH is the Unified State Register of OCH. General methods of scientific knowledge were used: methods of empirical research (observation, comparison) and methods of theoretical research (abstraction, analysis and synthesis).

Results. The conducted research determined the basic aspects of diagnosing OCH in a digital environment, allowing the formation of certain provisions of the methodology for creating digital twins of objects.

Conclusions. The issue of capital works on the OCH does not lose its relevance for scientific discussions in the applied areas of development of digital technologies in the construction industry. The use of digital twins of buildings in the selected subject area of the study will optimize the work on project documentation, minimize current adjustments to projects at the stage of its implementation, providing significant cost savings in comparison with modern practices, and ultimately achieve maximum safety of the OCH.
El método científico y el pensamiento complejo para la investigación en la educación superior actual
Authors:   Policía Nacional de Colombia, Bogotá, Colombia, Soler Gil Rafael Antonio
Published: July 2023

La importancia que tiene el método científico en la actualidad, el determinar qué ha cambiado, qué permanece y qué se agrega, qué se corrige, qué no se acepta y cómo se puede generar estrategias de investigación a partir de la complejidad para mejorar las prácticas académicas actuales, se convierte en el núcleo problémico a tratar en el presente artículo. A partir de lo anterior, vale la pena plantear diseños de investigación que integren los principios básicos del método científico, pero también nuevos enfoques y herramientas que permitan la comprensión de la complejidad y la diversidad de los fenómenos educativos. Esto implica un cambio en la forma de concebir la investigación y el conocimiento, así como una mayor apertura y flexibilidad en el proceso de investigación. Por ello, entender el método científico en su generalidad, analizar las oportunidades que ofrece la complejidad, facilitará la incorporación de enfoques y herramientas de investigación alternativos para entender la diversidad de los fenómenos educativos universitarios, sin renunciar a los principios básicos del método científico.
The factors associated with quality of life and depression score in adults aged 65 and over
Authors: BEDİR Banu , ÇALIKOĞLU Elif Okşan , YILMAZ Sinan , KOŞAN Zahide , VANÇELİK Serhat
Published: July 2023

Introduction: In recent years, there has been an increase in the number of elderly population with the improvement of living conditions and the acquisition of healthy life behaviors in Türkiye. In this study, it was aimed to evaluate the quality of life of the elderly and the affecting factors.

Methods: Our study is planned with a descriptive and cross-sectional design. Quality of life of the participants was assessed using the World Health Organization Quality of Life-Old module (WHOQOL-OLD), whereas depressive symptoms were evaluated using the Geriatric Depression Scale.

Results: Their mean total score on the WHOQOL-OLD module was 56.64 ± 15.57. The total quality of life score was found to be significantly lower among females, elderly, illiterate and those who lacked a regular monthly income, who perceived their health status to be worse than that in the previous year, who considered themselves very old and who suffered from chronic diseases (p ˂ 0.001). The mean score of the participants on the Geriatric Depression Scale was 14.59±5.27, whereas the frequency of depression was 56.5%. There was a negative and significant relationship between depression and quality of life scores (p˂0.001, r=0.658).

Conclusion: In our study, the indicators, dimensions, and measurement of quality of life and levels of depression in old age are presented. Additionally, factors influencing the perceptions of aging among the elderly and the individual perspective on aging, as well as their associations with depression, are discussed.

Keywords: Elderly, Aging, Quality of life, Depression, Perception of aging, Geriatric Depression Scale
Analysis of Supreme Court precedents related to application period under administrative statutes and legal implications: Focusing on the Supreme Court 2021.3.18. announcement 2018Du47264 en banc decision
Authors:   Wonkwang University Legal Research Institute has, LEE SANGSU
Published: July 2023

Administrative statutes contain many provisions regarding the period. However, it is not clear what these terms and conditions mean and what effect they have. On March 18, 2021, the Supreme Court's ruling on the application period for parental leave benefits came out. The issue in this ruling was whether the legal effect of the parental leave benefit application period was a compulsory provision or an instructional provision. Legal regulations are usually divided into mandatory regulations and voluntary regulations, focusing on legal effects. Administrative law uses the term instructional regulation instead of discretionary regulation. It is a matter of statutory interpretation to distinguish whether the term provision is a prescriptive provision or a compulsory provision. The results of analyzing Supreme Court precedents regarding whether the period of administrative statutes are instructive or compulsory are as follows. First, if the application period of the party is directly stipulated in the law, it is considered a mandatory provision. Second, if the application period is stipulated in subordinate statutes such as the Presidential Decree, and if there is a legal delegation, it is regarded as a compulsory regulation, but if there is no legal delegation, it is regarded as an instructional regulation. Third, if the administrative agency's business processing period is stipulated, it is regarded as an instructional regulation regardless of the form of the law. Article 70 (1) 3 of the Employment Insurance Act, which was amended on July 21, 2011, stipulates the application period for parental leave benefits. In addition, Paragraph 2 was newly established in Article 70 to stipulate it in a procedural form, and the previously deleted content was moved and stipulated. In the lawsuit for refusal to pay parental leave benefits, the first trial dismissed the plaintiff's claim, and the second trial cited the plaintiff's claim, considering the application period to be an instructional rule. However, the Supreme Court reversed the judgment of the lower court. The reason is that there is no case in which the Supreme Court precedent has ruled that the statutory provision stipulating the application period for the right to claim benefits under public law is a rule of instruction. The Supreme Court seems to have consistently judged it as a mandatory provision. On the other hand, this ruling divided the right to receive social security benefits into abstract forms and concrete forms, and the legislature determined the exercise period of each right through policy. As a legal implication of this ruling, the author suggested several ways to legislate the application period.
Legal Relations of Chonsegwon for Securing Purpose of Lease Deposit Return Bond
Authors:   Wonkwang University Legal Research Institute has, Kim Deok-Jung
Published: July 2023

This paper reviews the Supreme Court's Decision 2018 Da 268538 sentenced on December 30, 2021, which determined the legal relationship when chonsegwon is established to secure a lease deposit return bond. The main issues in this ruling are whether chonsegwon is valid for the purpose of securing such bonds and whether the settler of a leasehold can claim a deduction for overdue payments under an internal lease agreement from the mortgagee of the leasehold if a mortgage is set on chonsegwon. First, the validity of chonsegwon to secure a leasehold security deposit return bond needs to be examined from the perspective of the nature of chonsegwon, statutory real property right principle, and sham transaction jurisprudence. In principle, this type of chonsegwon is valid unless the possibility of use and profit by the leaseholder is completely excluded. However, any part of the leasehold transfer agreement that is incompatible with the internal lease agreement constitutes a sham transaction and is invalid. A valid cause of action exists in a leasehold transfer registration if the partial invalidity doctrine of Article 137 of the Civil Code is applied. The next issue is whether the settler of a lease can claim a deduction for overdue payments under a lease agreement for internal reasons in response to the exercise of its surrogation right of the security deposit return bond of the mortgagee of the leasehold. The judgment reconciles the interests of the parties by applying the law of general debt enforcement or the law of false representation. The settler of the leasehold cannot claim a deduction for overdue payments under a lease agreement against a mortgagee who is unaware that the mortgagee has a lease agreement with the settler. However, the settler may claim a deduction for overdue payments under a lease agreement from a mortgagee who is aware that the settler has entered into such a lease agreement. The relevant judgment was reasonable in light of balancing the parties' conflicting interests.
Opportunities and Barriers to Screening and Counseling for Safe Firearm Storage
Authors: Owens Grace , Nguyen Anh , Hershberger Paul , Conway Katharine , Crawford Timothy
Published: July 2023

Objectives: Safety practices such as storing a firearm locked and unloaded are widely promoted although not universally applied. Educating patients about firearm safety practices is effective in increasing safe firearms storage behaviors; however, screening for safe firearm storage in practice remains low. The aim of this study was to evaluate whether our clinic population was at risk for firearm-related injuries and whether opportunities existed to study risk-mitigation interventions in future work.
Methods: The study was conducted at a suburban, midwestern academic family medicine clinic. Patients filled out paper surveys about firearm ownership and willingness to discuss firearms safety with clinicians. Health care personnel filled out paper or electronic surveys about their comfort level in discussing firearm safety with patients. Data then were collated and analyzed.
Results: We surveyed 160 patients (60% female, 80% White), and 40.6% of respondents reported living in a home with a firearm. Respondents who stored their firearm unsafely were more willing to discuss firearm safety than to change their storage behavior. Eighteen health care personnel responded to our health care personnel survey. Perceived barriers to asking about firearms included lack of time, knowledge, or educational materials. Having a screening policy was selected as the best opportunity for improvement.
Conclusions: Firearm owners appear willing to discuss firearm safety with their clinician, potentially representing an opportunity to promote risk-reduction through approaches such as motivational interviewing. In a busy outpatient setting, automating the firearm screening process could lessen the burden on clinicians.
Gestão escolar democrática e a participação infantil por meio da representatividade do Conselho Mirim
Authors: Costa Liliane Silva , Miranda Nonato Assis de
Published: July 2023

Este estudo objetivou analisar as possibilidades e os limites do Conselho Mirim (CM) como instrumento para a implementação da gestão escolar democrática em escolas municipais de Santo André. Optou-se pela abordagem qualitativa de pesquisa e foram utilizadas duas técnicas para coleta de dados que se complementam entre si: a entrevista realizada com dez vice-diretores de escola e o círculo de cultura desenvolvido com cinco representantes do CM. Para subsidiar os pesquisadores, em ambas as fases foram utilizados roteiros semiestruturados. Após a coleta de dados, os depoimentos dos participantes foram codificados, categorizados e interpretados na perspectiva da teoria fundamental de John W. Creswell. Os resultados da pesquisa mostram que o CM é um influente canal de práticas democráticas que, se for consolidado entre as escolas e os gestores, pode ser um instrumento para a implementação da gestão escolar democrática. Também é fundamental considerar que a singularidade da infância exige competência dos mediadores.
University graduate recruitment and selection as a part of business strategy: A case of an emerging market
Authors: Fejzullahu Bajram , Gashi Rrezarta
Published: July 2023

Kosovo businesses are mostly small and medium-sized in structure and have a very large weight in terms of the employment of university graduates in the country. In this regard, the main purpose of this study is to present the challenges which businesses in Kosovo are confronted with during the process of recruitment and selection of university graduates. The study uses mainly primary data, which were collected through an online questionnaire in a purposive sample of businesses operating in Kosovo. The questionnaire includes structured questions mainly with alternative and dichotomous questions, as well as an open question. This study uses the Pearson correlation and t-test for hypothesis testing, while the results are generally presented through tables and graphs using Statistical Package for the Social Sciences (SPSS) software. This study comes to the conclusion that the biggest challenge faced by Kosovo businesses in the process of recruiting and selecting university graduates is the lack of practical work on the part of graduates, as well as analysis of job requirements and the attraction of candidates with the right skills. The study also finds that business in the case of Kosovo considers that the skills needed from a graduate in order to get employed are the ability to work in a team, flexibility, public speaking, etc.
Species distribution models of a predator-prey system under climate change
Authors: Ge Xuezhen , Griswold Cort , Newman Jonathan
Published: July 2023

Mechanistic and correlative models are two types of species distribution
models (SDMs). They each have distinct foci, conceptual foundations, and
levels of dependency on data availability, leading to potentially
different estimates of species’ ecological niches and distributions.
Mechanistic SDMs integrate detailed biological processes, making it
possible to account for species’ biotic interactions. Despite their
assumed importance, interactions in species distribution modeling remain
uncommon. In this study, we applied an ensemble model of multiple
correlative SDMs, a mechanistic SDM of the focal species (prey) alone,
and a mechanistic SDM of the predator-prey interactions, to compare the
predictions of correlative and mechanistic approaches and assess their
relative strengths and limitations. We predict there are considerable
and subtle differences in various predictions generated by the
correlative and mechanistic approaches for each aphid species, which
call for prior knowledge concerning species’ presence data or life
histories. Our mechanistic SDMs allowed for the assessment of the
relative significance of abiotic and biotic factors, along with their
interactions, in determining species’ habitat suitability. Additionally,
we predict aphid habitat suitability decreases across continents due to
the effect of predation. However, this decrease may be offset or
enhanced by the interaction effect between predation and climate change
in different regions. This suggests the necessity of accounting for
biotic interactions and the interplay between abiotic and biotic factors
in mechanistic approaches. Our research highlights the impact of model
philosophies in SDM studies and addresses the importance of selecting an
appropriate modeling approach in line with the study’s objectives.
Furthermore, our study suggests that mechanistic SDMs could serve as a
valuable addition for assessing the robustness of correlative SDM
predictions.
Combined genomics to discover genes associated with tolerance to soil carbonate
Authors: Poschenrieder Charlotte , Busoms Silvia , Pérez-Martín Laura , Gelabert Joana , Huang Xin-Yuan , Yant Levi , Tolrà Roser , E David Salt
Published: July 2023

Carbonate-rich soils limit plant performance and crop production.
Previously, local adaptation to carbonated soils was detected in wild
Arabidopsis thaliana accessions, allowing the selection of two
demes with contrasting phenotypes: A1 (carbonate tolerant, c+) and T6
(carbonate sensitive, c-). Here, A1 and T6
seedlings were grown hydroponically under control
(pH 5.9) and bicarbonate conditions (10 mM NaHCO , pH
8.3) to obtain ionomic profiles and conduct transcriptomic analysis. In
parallel, A1 and T6 parental
lines and their progeny were cultivated on carbonated soil to evaluate
fitness and segregation patterns. To understand the genetic architecture
beyond the contrasted phenotypes a bulk segregant analysis sequencing
(BSA-Seq) was performed. Transcriptomics revealed 208 root and 2503 leaf
differentially expressed genes (DEGs) in A1 vs T6 comparison under bicarbonate stress,
mainly involved in iron, nitrogen and carbon metabolism, hormones, and
glycosylates biosynthesis. Based on A1 and T6
genome contrasts and BSA-Seq analysis, 69 genes
were associated with carbonate tolerance. Comparative analysis of
genomics and transcriptomics discovered a final set of 18 genes involved
in bicarbonate stress responses that may have relevant roles in soil
carbonate tolerance.
Updated sustainability status of cadmium telluride thin-film photovoltaic systems and projections
Authors: Fthenakis Vasilis , Leccisi Enrica , Sinha Parikhit
Published: July 2023

This paper provides a comprehensive assessment of the up-to-date
life-cycle sustainability status of cadmium-telluride based photovoltaic
(PV) systems. Current production modules (Series 6 and Series 7) are
analyzed in terms of their energy performance and environmental
footprint and compared with the older series 4 module production and
current single-crystalline-silicon (sc-Si) module production. For
fixed-tilt systems with series 6 modules operating under average US
irradiation of 1800 kWh/m /yr, the global warming
potential (GWP) is reduced from 16 g CO2 kWh in
Series 4 systems to 10 CO2 kWh in Series 6 systems.
For operation in US-SW irradiation of 2300 kWh/m2 the GWP is reduced
from 11 CO2eq/kWh to 8 CO2eq/kWh and for 1-axis tracking systems
operating in Phoenix, Arizona with point-of array irradiation of 3051
kWh/m /yr the GWP is reduced to 6.5 CO2
kWh. Similar reductions have happened in all
environmental indicators. Energy payback times (EPBT) of currently
installed systems range from 0.6 years for fixed-tilt ground-mounted
installations at average U.S. irradiation at latitude tilt
installations, to 0.3 years for one-axis trackers at high US-SW
irradiation, considering average fossil-fuel dominated electricity grids
with fuel to electricity conversion efficiency of 0.3. The resulting
energy return on energy investment (EROI) also depends on the conversion
efficiency of the electricity grid and on the operation life expectance.
For a 30-year operational life and grid conversion efficiency of 0.3,
EROI ranges from 50 (at US average irradiation) to 70 for US-SW
irradiation. The EROI declines with increased grid conversion
efficiency; for CdTe PV operating in south California with grid
conversion efficiency of 49% the EROI is about 50 and is projected to
fall to 30 when the state’s 2030 target of 80% renewable energy
penetration materializes. Material alternatives that show a potential of
further reductions in degradation rates and materials for enhanced
encapsulation that would enable longer operation lives are also been
investigated. A degradation rate of 0.3%/year, which has been verified
by accelerated testing, is assumed in 30-year scenarios; this is
projected to be reduced to 0.2%/yr in the near-term and potentially to
0.1%/yr in the longer term. With such low degradation rates and
enhanced edge-sealing, modules can last 40- to 50-years. Consequently,
all impact indicators will be proportionally reduced while EROI will
increase.
Hospital at Home: A New Model of Home Care in Brazil
Authors: Bruzamolin Rafael , Gaspar Heloisa , Flauzino de Oliveira Claudio
Published: July 2023

Introduction: Home Care (HC) is directly responsible for reducing the demand for hospital beds in Brazil. Brazilian Home Hospitalization model in the private sector was built on continuous nursing care for the last 30-years without further review. Objectives: Find if Brazilian Home Hospitalization model aligns with the different HC models in effect around the world, evaluate its limitations and challenges and propose a new cost-effective model of domiciliary care in Brazil called Hospital at Home (HaH).
Method: Review of articles published in databases, conference proceedings, clinical practice guidelines, and government regulations between 2006-2022. 920 patients receiving care in the Home Hospitalization modality by a private HC company in Brazil were analyzed in November 2022.
Results: European and North American HC models are not built on continuous nursing care. 920 patients receiving care in the Home Hospitalization modality by a private HC company in Brazil had their eligibility assessed in November 2022 to be included in the new HaH model, proposed with 10 evidence-based pillars where a multidisciplinary team is aided by a care partner engagement approach and a clinical management strategy based on data analysis supported by digital health resources.
Conclusions: We believe the HaH model will reshape home hospitalization in Brazil, set up the groundwork for value-based Home Care and contribute to the sustainability of Brazilian HC.