• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.3-44
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• 2022

As a result of a close review focusing on the case of obstruction of epidemiological investigation by a religious group A in Daegu, which was a problem when the pandemic of Covid-19 infection began in Korea around February 2, 2020, when an epidemiological investigator requested a specific group to submit a list, While there have been cases where an act of not responding or submitting an edited omission list was sentenced to the effect that the act did not fall under an epidemiological investigation, in the case of non-submission of the visitor list for the B Center, even though a 'list of visitors' was requested. Regarding the fact of refusal without a justifiable reason, 'providing a list of persons entering the building is a key factual act that forms a link between epidemiological investigations accompanying an epidemiological investigation, and refusing to do so is also an act of refusal and obstruction of an epidemiological investigation. There are cases where it is possible to demand criminal punishment. Regardless of whether the request for submission of the membership list falls under the epidemiological investigation, there are cases in which the someones' actions correspond to the refusal or obstruction of the epidemiological investigation. A lower court ruling that if an epidemiological investigation is rejected or obstructed as a result of interfering with factual acts accompanying an epidemiological investigation, comprehensively considering whether or not the list has been diverted for purposes other than epidemiological investigation, the logic is persuasive. Epidemiological investigations such as surveys and human specimen collection and testing are conducted for each infectious disease patient or contact confirmed as a result of the epidemiological investigation, but epidemiological investigations conducted on individual individuals cannot exist independently of each other, and the This is because the process of identification and tracking is essential to an epidemiological investigation, and if someone intentionally interferes with or rejects the process of confirming this link, it will result in direct, realistic, and widespread interference with the epidemiological investigation. In this article, ① there are differences between an epidemiological investigation and a request for information provision under the Infectious Disease Control and Prevention Act, but there are areas that fall under the epidemiological investigation even in the case of a request for information, ② Considering the medical characteristics of COVID-19 and the continuity of the epidemiological investigation, the epidemiological investigator the fact that the act of requesting a list may fall under the epidemiological investigation, ③ that the offense of obstructing the epidemiological investigation in certain cases may constitute 'obstruction of Performance of Official Duties by Fraudulent Means', and ④ rejecting the request for information provision under the Infectious Disease Control and Prevention Act from September 29, 2020 In this case, it is intended to be helpful in the application of the Infectious Disease control and Prevention Act and the practical operation of epidemiological investigations in the future by pointing out the fact that a new punishment regulation of imprisonment or fine is being implemented.

• The Korean Society of Law and Medicine
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• v.23 no.2
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• pp.39-65
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• 2022

There are two aspects of clinical practice guidelines that act as non-legal control before medical practice and as legal control standards after medical practice. The essential purpose of clinical practice guidelines is the former, but the latter action cannot be excluded. The clinical practice guidelines are a means of linking law and medical care. The negative perception of clinical practice guidelines that medical professionals' autonomy can be violated by the enactment of clinical practice guidelines is an excessive negative evaluation of clinical practice guidelines. Rather, judicial judgment based on clinical practice guidelines plays a role in respecting the autonomy of medical professionals. In other words, the clinical practice guidelines suppress legal regulations on medical care as much as possible and are based on doctors' professional ethics and self-discipline, and patient awareness and cooperation. In order to establish an ideal relationship of cooperation between doctors and patients, 'medical ethics' must be incorporated as a legal means. Clinical practice guidelines are the most appropriate means for incorporating such medical ethics into legal procedures. The lawyer solves the case with a legal syllogism that establishes a norm and applies facts to it to conclude. For the resolution of medical disputes, Clinical practice guidelines are used to establish norms that doctors should perform for specific diseases, and conclusions are drawn by applying the established norms to specific medical practices. When it is not easy to apply the established norms to specific medical practices, medical judgments by experts, such as emotions, expert testimony, and explanations by expert members, are used. As such, the Law respects the autonomy of medical care even in the establishment of norms and the application of norms. In particular, Clinical practice guidelines prepared independently by the medical community are referred to in establishing norms, which are the prerequisites for legal syllogism. This shows that doctors participate in the formation of precedents and contribute to the formation of norms. The use of clinical practice guidelines in trials is respect and consideration for the autonomy of medical care. Although there may be an aspect in which the autonomy of individual doctors is limited by clinical practice guidelines, it should be considered that the autonomy of doctors as a group is respected. In this way, the clinical practice guidelines play a role in protecting the autonomy of the "medical" group from the logic of the "law."

• Korean Journal of Forensic Psychology
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• v.13 no.1
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• pp.1-22
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• 2022

This study tested the effect of the verdict category of lay-participation trial in Korea on the legal decision of layperson and the role of representation of 'innocent' in the process. Representation of 'innocent' refers to a psychological threshold for deciding someone's innocence (no fault or sin) in a general sense. The functions as a threshold for a legal decision of 'beyond a reasonable doubt (BRD)' and the individual threshold (IT), regarded as a standard for judgment of guilt established by law and an estimate of an individual's threshold, respectively, were compared. This study used a 2×2 complete factorial design in which the verdict category (guilty/innocent vs. guilty/not guilty) and the defendant's likelihood of guilt (low vs. high) were manipulated. Data from 137 lay-people who voluntarily participated in the online experiment was analyzed. The experiment's procedure was in the order of measuring 'representation of innocent' and the likelihood of guilt of an accused, presenting one of four trial vignettes, and obtaining legal decisions (verdict confidence and estimation of the likelihood of guilt for the defendant). As a result, it was found that the verdict category did not significantly affect the legal decision of layperson. However, the guilty verdict rate of the 'guilty/innocent' condition tended to be higher than those of the 'guilty/not guilty' condition. The layperson's representation of 'innocent' and the verdict category had an interaction effect on the difference between BRD and IT (threshold change) at the significance level of .1. In the 'guilty/innocent' condition, the threshold change varying with layperson's representation of 'innocent' was larger than in the 'guilty/not guilty' condition. In comparing the function of BRD and IT, IT significantly predicted the lay person's legal decision at the significance level of .1 by interacting with the likelihood of guilt for the defendant. Therefore, it could be said that IT was a better threshold estimator than BRD. The implication of this study is that it provided experimental evidence for the effect of the verdict category of lay-participation trial in Korea, which is a problem often raised among lawyers, and suggested logical reasoning and empirical grounds for the psychological mechanism of the possible effect.

• Analyses & Alternatives
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• v.7 no.1
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• pp.115-145
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• 2023

The 20th National Congress of the Chinese Communist Party (hereafter referred to as "the 20th National Congress") was under the global spotlight long before it was held for seven days from 16 to 22 October 2022. People wondered whether Xi Jinping would secure a third term as China's leader or whether he would lay the foundations to be in power forever during the third term. In Korea, the press and media questioned whether the event would become the "crowning of Emperor Xi (Xi Huangdi)," whose power rivaled that of the first emperor in China, Shi Hunagdi, and featured the scene where Hu Jintao was forced to leave the venue during the Congress. On the other hand, many Korean academics focused more on how Xi would organize the Politburo and its Standing Committee and whether the outline of his heirs would appear during the event. This tendency in academia in turn worsened the media's concerns. This paper presents a quantitative analysis of the 20th National Congress Report, as opposed to an analysis of Xi's political intentions at the event. The National Congress Report outlines the Party's visions, goals, and strategies for the next five years in politics, economy, society, culture, foreign affairs, and relationship with Taiwan. The authoritative document is rich in narrative and logic and deserves academic study. This research analyzes the 18th, 19th, and 20th Reports by identifying their keywords and regular expressions and checking their frequency and percentage through text-mining methods. This approach enables the quantification and visualization of the significant changes in the Party's sovereign vision over the fifteen years of Xi's rule from 2013 to 2027.

• The Journal of Korean Philosophical History
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• no.27
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• pp.223-254
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• 2009

This thesis is aimed at researching the formation of democracy in socialist China. Due to a sense of cultural superiority on the basis of their developed civilization, they already formed a strong cultural nationalism, which has come to firm up into "Sinocentrism" through long periods of time. However, there arose a sense of crisis due to the Western invasion after the Opium War and the intellectuals in China happened to seek the solution to rescuing their mother land from ruin; in the midst of this process, the theory of social evolution of the West was introduced and accepted. The acceptance of this theory of social evolution gradually transformed in confrontation with a logical limit that China defeated in international competition could not but be plundered by imperialism after all, but it contributed to Chinese intellectuals' forming the concept of the modern state nationalism of the West deviating from cultural Sinocentrism. After the Russian Revolution, a large number of Chinese progressive intellectuals developed their socialist movement with the recognition that Marxism was a practicable alternative to rescue China from its crisis. The Chinese Communist Party was under guidance of the Comintern from the early process of its formation, in which they emphasized the fact the national liberation struggle in colonialized countries was an indispensable element in the world communist movement under the condition of the control of the world by imperialist capital at that time and subsequently, Marxism characterized by resistant nationalism in China gained its cause. Afterwards, the People's Republic of China was established by the Chinese Communists which came to get widespread support from the Chinese through anti-imperialism &feudalism in the process of the Sino-Japanese War, and thus China equipped with a full-blown socialism system set sails. However, with the relations with the Soviet Union getting worse under the international conditions of a cold war, the development of the Chinese socialism couldn't but resort to the concentrated power of its people, which was linked to the boost of continuous patriotism of the Chinese Communists. Particularly, due to the newly-emerging contradictions after reform & opening [gig kifng], China underwent disruption; thus, as an ideology to integrate such disruptive elements, Sinocentrism based on China's cultural pride re-appeared. Recently, a very strong form of Sinocentrism has come to the fore as their superiority of traditional cultures is emphasized in China whose international position as an economic power has been raised.

• Korean Journal of Communication Studies
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• v.18 no.1
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• pp.195-222
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• 2010

This study is aimed at examining the degree in message recognitions with respect to the same global brand Ad. campaign intended for local consumers in Korea, China, and United-States, and applying the results to the forseeable message production of global Ad. campaigns. For this purpose, we conducted a survey by providing those consumers with Anycall Ads. of Samsung mobile phones, which were inserted in local printed advertisements. We concluded that the cultural and environmental differences of markets represent different degrees in message recognitions among these three countries. This result suggests that the localization based on local cultures and market situations is more important than the general standardization in the future global brand Ad. campaigns.

• Journal of the Daesoon Academy of Sciences
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• v.28
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• pp.133-163
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• 2017

It is the aim of this paper to elucidate the meaning of 'Sangsaeng' in Daesoon Thought on the basis of its relation to Life and Spirit in the philosophy of Hegel. To achieve this aim, this article compares three important concepts from Daesoon Thought, namely the 'gods of heaven and earth,' 'Haewon', and 'Sangsaeng' with Hegel's 'Life,' 'Spirit,' and the 'struggle for recognition.' This paper will clarify the commonalities as well as the differences between Daesoon Thought and Hegelian philosophy. The comparison between Hegel's concept of 'life' and the 'gods of heaven and earth' shows a specific relationship between a life and a soul which is characterized by duality. The point of similarity is that the two thoughts regards the soul as the basis of all things in nature including the life itself and spirit. This is the duality of the soul in nature and spirit as the truth of nature. But the difference is that Hegel does not reduce all things in nature including life itself to the soul as the truth of nature. This paper will argue that Hegel's idea of spirit returning from nature to itself has a similarity with the essence of Haewon in Haewon-sangsaeng. Hegel insists that spirit submerges initially in nature just as human beings in Daesoon Thought have inherent Won. The realization of the spirit in the Subjective Spirit shows that the spirit sublimates this initial submergence in nature und reveals itself in corporeality. This study will suggest that this realization of spirit including the struggle for recognition may be interpreted as the meaning of Sangsaeng.

• Journal of the Daesoon Academy of Sciences
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• v.33
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• pp.63-90
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• 2019

In pluralistic political realities that have been exposed as antagonistic relationships between self and others, the principle of 'Coincidentia Oppositorum' in Daesoon Thought emphasizes the complementarity between self and others and presents us with a new form of cognition and attitude which can overcome pluralistic political realities. Though solipsism that objectificates others on the basis of the self, the principle of 'Coincidentia Oppositorum' presents us a new form of cognition and attitude with which we can approach others. The principle of 'Coincidentia Oppositorum' is based on the logic that we can secure and extend ourselves only in relation between self and others. Self is not fully formed or perfected without others. Previous discussions on the principle of 'Coincidentia Oppositorum' as it is exists within Daesoon Thought have been limited to Eastern Philosophy. On one hand, this inclination may be due to a narrow understanding of Western Philosophy. The flow of Modern Western Philosophy can at times be a self-reflective output for solipsism. On the other hand, the understanding of the principle of 'Coincidentia Oppositorum in context of a dualistic contrast between Eastern Philosophy and Western Philosophy is not concordant with the principle of 'Coincidentia Oppositorum' which emphasizes the creation of harmony between self and others. This paper aims to investigate avenues to create harmony between Eastern Philosophy and Western Philosophy regarding the principle of 'Coincidentia Oppositorum' in Daesoon Thought. Specifically, attention will be paid to 'flesh' as used by Merleau-Ponty. In his writings, flesh is the matrix which activates the fundamental involvement between self and others. Self is a being of flesh and an ambiguous being which is formed in a double position (seeing and being seen). Flesh can secure and extend the self only through its relationship to an other or multiple others. Restoring the other that has been excluded from modern Western Philosophy, Merleau-Ponty's flesh call for contemplation into the meaning of the other and of otherness.

• Journal of the Daesoon Academy of Sciences
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• v.30
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• pp.1-57
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• 2018

There are three purposes to this study: first, to understand comprehensively the meaning of Haewon-sangsaeng (Resolution of Grievances for Mutual Beneficence) Thought, which can be taken as representative thought regarding peace in Korean new religions. Next, Haewon-sangsaeng Thought and the works for Haewon (resolving grievances) will be examined as principles and practical mechanisms for building the paradise of the Later World and understanding the structure of this system of thought. Lastly, logical inferences will be made regarding the future of humanity and the world through the ideological characteristics implied by Haewon-sangsaeng Thought. Haewon-sangsaeng Thought contains the complicated concepts of Haewon and Sangsaeng. Haewon is the resolution of the enmity and grievances that have accumulated in the realms of humanity and deities. Sangsaeng indicates the action of mutually benefiting one another or a state wherein people live in prosperity and peace. In Daesoon Jinrihoe, the concept of Haewon-sangsaeng is expressed explicitly and has broad applications. It can be expanded for the global peace and the harmony of all humanity. As the result of an integrated analysis of previous studies, it can be stated that Haewon-sangsaeng has values and meanings in terms of principles, laws, ethics, and ideology all of which are commonly connected to Injon (Human Nobility), Sangsaeng, peace, harmony, the Later World, and paradise. This indicates that its valuable for the future of humanity and world is deeper and wider than its mere etymological meaning. The common factor among paired ideas such as human nobility and Sangsaeng, peace and harmony, and Later World and paradise is the realization of humanity's greatest wish. This is the reason why the value and meaning of Haewon-sangsaeng can be expanded globally. The works of Haewon were a religious act of Kang Jeungsan who resolved the grievances of the Former World which was under the rule of mutual conflict and built a Later World that will operate according to mutual beneficence. Therefore, the principle of Haewon-sangsaeng has a motivative power, through the Reordering Works of the Universe, which can transform the future of humanity and the world. In this study, it can be inferred that as Haewon-sangsaeng 'fulfills human desires' and forms a 'harmonious relations of Sangsaeng' between humans and world, humans will be transformed into Injon (Human Nobility) while the world turns into a paradise, and the future turns into period of peace. Therefore, Haewon-sangsaeng Thought works as a principle that changes society, the world, and the universe. The social actualization of Haewon-sangsaeng is tantamount to bringing the future of Injon, paradise, and peace into objective reality. Previous studies on Haewon-sangsaeng Thought had been carried out under difficult circumstances by a small number of scholars. For all the above reasons, I anticipate that there will be more and more studies made on the topic of Haewon-sangsaeng Thought, which seeks the realization of Haewon (the Resolution of Grievances), Sangsaeng (Mutual Beneficence), human nobility, paradise, and peace. I hope it will emerge as a main subject in global religious thought.

• (The) Research of the performance art and culture
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• no.39
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• pp.701-748
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• 2019

Gwanak-yeongsanhoesang, called as Samhyeon-yeongsanhoesang or Pyojeongmanbangjigok, is played by the musical instrumental organization, Samhyeonyukgak or by a large scale wind ensemble added Sogeum and Ajaeng. This study aims to analyze the structure and form of Piri melody which plays major melody of Sangnyeongsan in Gwanak-yeongsanhoesang, and to examine the relationship between Piri melody and Daegeum yeoneum grasping the structure and function of yeoneum. In Sangnyeongsan of Gwanak-yeongsanhoesang, the criterion for grouping the phrases of Piri melody is yeoneum. Especially, Daegeum yeoneum carries out the function of finishing the phrase of Piri playing the major melody by ornamenting or extending it, and presenting the motives or motive elements of the next phrase while Piri rests. The types of a, b, g, and i in the various shapes of the minimum melodic fragment of Piri are important motive elements that constitute a phrase of Piri melody. Especially, main motive a-type (仲→無) contrasts with b type (林→潢) which forms a strong tension by transposing 2 degrees upward. In addition, a-type gradually descends towards the end of music by changing to g-type (仲→林) or to i-type (太→林) which is 3 degrees below, which is related to the gradual descent cadence of Korean traditional music. A phrase of Piri melody of Sangnyeongsan in Gwanak-yeongsanhoesang consists of a combination of the types a, b, g, i, and cadence (x-type), and each phrase is structured in the repeating tension-relaxation. Looking at the structure of Piri phrases by similar types, each phrase has a logical variation structure through the methods such as omission and addition of notes, and crossing of melodies. The shape of the minimum melodic fragment of Daegeum yeoneum can be divided into a back-yeoneum of a~b types and a front-yeoneum of x1~x3. The x-types ornament Jungnyeo (仲), the cadence tone of Piri melody or are simply used as the extending back-yeoneum, and types a and b have the function of a front-yeoneum that prepares the beginning of the next phrase of Piri melody. The combination types of the minimum melodic fragment of Daegeum yeoneum appear mostly as the shape of back-yeoneum + front-yeoneum. In addition, the front-yeoneum of the type a and b appears independently without back-yeoneum, and the x3 type has a shape of the back-yeoneum without the front-yeoneum. Looking at the structure of Daegeum yeoneum by similar types, it can be seen that Daegeum yeoneum is also composed of a variation structure of omission and addition of notes like Piri melody.