• Korean Journal of Culture and Social Issue
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• v.10 no.3
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• pp.61-81
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• 2004

The purpose of this study was to investigate effects of North Korea defectors' living experiences in South Korea on their self-perceptions and perceptions of South Korea. For this purpose, a questionnaire was distributed to 66 defectors with no living experiences at all and 99 defectors with living experiences of an average of 2.7 years in South Korea. They were asked to rate their own as well as South Koreans' values, personality, attitudes toward sexual misbehavior, gender stereotypes. Also, they evaluated the society of South Korea and its political control. The results indicated that those defectors with living experiences tended to perceive more negatively their own and South Koreans as well, and yet that they were less negative for sexual misbehavior and weaker for gender stereotypes. Also, results suggested that living experiences led defectors to perceive South Korea in a more negative way. Those findings were discussed in terms of changes in culture.

• Asia Marketing Journal
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• v.14 no.1
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• pp.99-130
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• 2012

Service failure and a poor service recovery may lead loyal customers to try to aggressively punish the service firm. We use perceived betrayal and desire for vengeance as the key constructs to understand customer retaliation. Perceived betrayal is defined as a customer's belief that a firm has intentionally violated what is normative in the context of their relationship. And the desire for vengeance is defined as the retaliatory feelings that consumers feel toward a firm, such as the desire to exert harm on the firm. The perceived betrayal and the desire for vengeance are key antecedents of retaliatory behaviors such as vindictive complaining, negative WOM and third-party complaining for publicity. The empirical results suggest that betrayal is a key motivational factor that lead customers to restore fairness by making use of all means, including retaliation. We also find that relationship quality has effect on a customer's response to a failure in service recovery. As the levels of relationship increases, a violation of the proper fairness has a stronger effect on the sense of betrayal experienced by customers. Considerable research has investigated consumer responses to dissatisfaction. But our study examine the response of outraged and highly frustrated consumers. We focus on emotional and behavioral processes that have not been covered by previous dissatisfaction researches and which are unique to outraged consumers caused by extremely dissatisfied purchase experience. It has recently been pointed out by various mass media that the customers not only have positive effects on the company performance but also put the company in crisis. It has often been reported that one customer's dissatisfaction, for example, never ends as it is, and it tends to grow for retaliating upon the company, depending on the level of seriousness of the dissatisfaction. This sometimes leads to a lawsuit against the company. Our study focuses on the customers' emotional and behavioral responses induced by their extreme dissatisfactions. We divided the customer groups into the customers with high relationship quality and the customers with low relationship quality, and the difference between two groups is examined. The objective of this study is to comprehend the causal relationship between the feeling of betrayal caused by the service failure and the retaliatory behavior triggered by the desire of revenge. Our study is divided into three parts. First, a causal relationship between perceived unfairness and the perceived betrayal and desire for revenge. Second, the effect of the perceived betrayal and desire for revenge on the retaliatory behavior is investigated. Finally, the moderating role of relationship quality in the causal relationship between the unfairness in service recovery and the perceived betrayal is analyzed. This study finds the following empirical results. The distributive unfairness, procedural unfairness and interactional unfairness had significant effects on the perceived betrayal. Especially, the perceived distributive unfairness results in the highest perceived betrayal. When the service company does not provide customers proper and sufficient compensation for the failure, they feel the strong sense of betrayal. And in the causal relationship between the perceived betrayal, desire for revenge and retaliatory behavior, the perceived betrayal has significant effects on e desire for revenge. In addition desire for revenge has significant effects on negative word of mouth, retaliatory complaining behavior and publicity of complaints through third group. Therefore the perceived unfairness has effects on retaliatory behavior through the mediation of the perceived betrayal and desire for revenge. Finally the moderating role of relationship quality was examined in the relationship between the unfairness and perceived betrayal. If the customers experienced the perceived unfairness in the process of service recovery, the customers with high relationship quality feel the stronger perceived betrayal than the customers with low relationship quality do. When they experience the double service failure, the customer group with high relationship quality accumulating the sense of trust feel the more perceived betrayal than the customer with low relationship quality who do not have strong trust. The contribution of this study is to find the effect of the service failure on the retaliatory behavior with the moderating roles of relationship quality. The dimensions of unfairness in service recovery is found to have differential effects on the perceived betrayal, desire for revenge. And these differential effect is moderated by the level of relationship quality.

• Cartoon and Animation Studies
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• s.37
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• pp.307-334
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• 2014

Satirical cartoon features figure characters that liken to particular figures or social phenomenon to satirize particular figures or social phenomenon. Through the words and actions of figure characters in satirical carton, fraudulentact of man in power or irrational social phenomenon is revealed. The National Intelligence Service (NIS) female agent that is the figure character of this study has been appearing in satirical cartoon for a long time and it likens to social phenomenon instead of a actual figure. The reason why the NIS female agent has been appearing as a figure character in satirical cartoon for a long time is because related social phenomenon has not ended and is still in progress. In addition, the reason why it likens to social phenomenon instead of an actual figure is based on the fact that it is not easy to identify her face that has been hidden, which makes it difficult to exaggerate the characteristic of the figure. Her hidden face is also an expression of the desire to hide that is symbolized by baseball cap and muffler. Her hidden face and the desire to hide make it easy to substitute to other related figure or social phenomenon instead of actual figure. Namely, outward appearance of the NIS female agent has a good condition for combining 'added significance' in satirical cartoon. Irrelevant to actual NIS female agent, a satirical cartoon figure of NIS female agent is being combined with various meanings when needed and it is substituted as another figure, group or social phenomenon as the actual figure disappears. Accordingly, the purpose of this study is to reveal the role of figure character in satirical cartoon by symbolically analyzing the figure character that appears in satirical cartoon as 'NIS female agent'. The followings were revealed through the symbolic analysis of figure character in satirical cartoon in this study. First, satirical cartoon satirizes social phenomenon. Figure character in satirical cartoon satirizes social phenomenon in place of actual figure. Second, satirical cartoon satirizes core or embarrassing area of irrational social phenomenon created by politics. Figure character in satirical cartoon satirizes core or embarrassing area of social phenomenon by revealing it in place of actual figure. Third, satirical cartoon sends a message of warning to a responsible person of irrational social phenomenon created by politics. Figure character in satirical cartoon sends a message of warning to responsible person of irrational social phenomenon created by politics in place of actual figure. Fourth, satirical cartoon provides catharsis for enduring wound or stress received by individual due to irrational social phenomenon created by politics. Figure character in satirical cartoon provides catharsis for enduring wound or stress received by individual due to irrational social phenomenon through satirizing and ridiculing actual figure.

• Sijohaknonchong
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• v.43
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• pp.177-206
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• 2015

This paper is written in order to research for the contents and expression of HanYongUn's Sijo. HanYongUn is very famous as monk and independent campaigner, modern poet in Korea. He wrote many kinds of literary works, for example, many modern poetry, modern novels, Sijo, Chino-Korean Poetry etc. It's very exceptional that he wrote a lot of Korean traditional Sijo and Chino-Korean Poetry. Because he was a many modern poet as same as modern novelist. So studying on his Sijo can help someone to understand the essence of HanYongUn's all literature. That's why I'm studying on HanYongUn's Sijo. The firstly, in aspect of the the contents of HanYongUn's Sijo, HanYongUn was expressing three kinds of themes, that is ideology, reality, daily life in his Sijo. The ideology consists of Buddhism and Confucianism and the reality is related with social conditions, the daily life is deeply connected with Nim. These features of his Sijo are different from his modern poetry and Chino-Korean Poetry which had a simple theme, for example, love with Nim, daily life. The secondly, in aspect of the expression of HanYongUn's Sijo, I studied the expression of HanYongUn's Sijo in three angles, that is, vocabulary and the developing of poet thinking, rhetorics. HanYongUn used essential words for expressing three kinds of themes effectively in his Sijo. And he was developing of his poet thinking by three steps in his Sijo. He applied several representative rhetorics to his Sijo, those are question and answer, exclamation, irony, distich etc. Even though I studied the characteristics of HanYongUn's Sijo in two aspects But there could be the other things to study about these kinds of theme. I might continue researching the other kinds of theme next time in the near future.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.29-56
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• 2016

$F{\ddot{u}}r$ den Schadensersatzhaftung des Arztes, sog. die Arzthaftung, ist es vornehmlich vorauszusetzen: die $Sch{\ddot{a}}digungsbehandlung$ des Arztes, die Rechtswidrigkeit und das Verschulden. Zur Problematik der $Fahrl{\ddot{a}}ssigkeit$ in der Stufe des Verschuldens handelt sich es in dieser Beitrag um die Kritisierung der Rechtsprechung. $F{\ddot{u}}r$ die Entscheidung des Verschulden im medizinischen Fehler kommt es darauf an, ob die Sorgfaltspflicht des Arztes verletzt wird. $Daf{\ddot{u}}r$ wird der medizinische Standard rekurriert, den die Rechtsprechung nicht aus materieller, sondern aus normativer Sicht begreift. Erstaunlich $un{\ddot{u}}bereinstimmend$ mit deren Leitsatz wird der medizinische Standard als $Ma{\ss}stab$ der Sorgfaltspflicht materiell - zutreffend nur im Ergebnis - behandelt. Die Sorgfaltspflicht in der Medizin bedeutet nicht die natur-wissenschaftliche Erkenntnisse, sondern eine "Best-$M{\ddot{u}}ssen$" Pflicht. Demnach ist der Standpunkt der Rechtsprechung, wonach den med. Standard normativ bewertet und die Sorgfaltspflicht darduch wieder normativ entscheidet, nicht anders als eine $w{\ddot{o}}rtliche$ Wiederholung. Die Arzthaftung in der Rechtsprechung ist aufgrund mit der Verneinung von der Sorgfaltspflichtverletzung nicht angenommen, welche in der Tat jedoch aus verschiedenen $Gr{\ddot{u}}nden$, wie die Rechtswidrigkeit, die $Fahrl{\ddot{a}}ssigkeit$ oder $Kausalit{\ddot{a}}t$, nicht angenommen. Der $Fahrl{\ddot{a}}ssigkeitsbeweis$ in der Rechtsprechung entwickelt sich mit dem Beweis nach objektivem $Ma{\ss}stab$, der Vermutung nach Anschein-Beweis und der $Beschr{\ddot{a}}nkung$ mit der Wahrscheinlichkeit. Bei Letzterem $geh{\ddot{o}}rt$ es $schlie{\ss}lich$ zum medizinischen Bereich. Ein Eintritt in den fachliche Bereich im Rahmen der Beweislast stellt der Beweiserleichterung $gegen{\ddot{u}}ber$. Aus diesem Hintergrund ist ${\S}630$ h Abs. 5 BGB bemerkenswert, wonach das Vorliegen eines groben Behandlungsfehler $regelm{\ddot{a}}{\ss}ig$ zur Vermutung von der $Kausalit{\ddot{a}}tszusammenhang$ $f{\ddot{u}}hrt$. Dieser Paragraph ist inhaltlich als Beweislastumkehr angesehen. Damit ist es von Nutzen im Fall des groben Fehler, der beim - elementaren - kunstgerechten Verhalten nicht entstanden $h{\ddot{a}}tte$, wie $Hygienem{\ddot{a}}ngel$, ${\ddot{U}}berdosierung$ des Narkotikum.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.2
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• pp.3-42
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• 2010

This study shows that the Warsaw Convention in Article 1 is not an international transport, origin, destination and all the Contracting Parties is not a purely domestic shipping does not apply to this Treaty. Therefore, in this case, liability and damages for the governing law is selected according to international law should be. In addition, in the case of international shipping and passenger air carrier of this treaty to govern the relationship, not all of which aim is the unification of certain rules. Product liability is the most important thing of all. As for the aircraft manufacturer's responsibility according to international law also does not select the applicable law is not. The Warsaw Convention Article 17 apply for the passenger's personal damages Article 2 Section 2 leads to the most prestigious type of damages, and subjective and objective with regard to the scope of international law are being committed. In this regard, Governing Law-related aircraft accidents leading to serious accidents in China of an aircraft crash in Nagoya, Japan, the airport can be. China Airlines accident of the aircraft are operated for the unification of the rules for international air transport on the Warsaw Convention as amended by Article 17, Article 18 of damages by the tort claims and claims based on damages caused by, or this cause of aircraft accidents air bus maker by the Corporation for damages in tort claims for damages claimed on the basis of solidarity is the case. In the case of these grand scale claim responsibility for the airline, air transport agreements to determine the applicable law of the contract is very complex. There for the contracts based on individual circumstances or origin, and by considering because each must be determined.

• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.107-152
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• 2020

During the main ruling in 2019, a number of rulings that were of interest or meaningful were handed down, such as just because the complication of medical practice has occurred, there is no presumption of negligence, a case involving a fall accident in which a lot of culpability has recently been made. the death of a well-known singer that caused a sensation, a case about damages caused by MERS in 2015, which is more meaningful in connection with damages caused by COVID-19, an infectious disease that has recently hit the world, including Korea. In preaching the principles of the law, just because there has been a complication caused by medical practice, there is no presumption of negligence, 'The scope of the complication without presumption of negligence' was determined differently by the court, the court was not able to specify the criteria. Specific circumstances were presented to limit the responsibility of the medical institution while acknowledging the malpractice of the medical institution in relation to the fall accident. In relation to the scope of damages, judgment was made on issues related to the calculation of lost profits of medical malpractice; criteria for determining celebrities' daily income, criteria for determining daily income in case of receiving survivor's pension due to medical accident, an incident in which the daily income is denied if the labor capacity is already lost at the time of a medical accident. But, it seems that judgments should be made based on clearer and more reasonable standards. Related to Medical Advertise, specific logic of judgment was presented as to whether it was interpreted as being in accordance with the specific prohibition listed in Article 27 paragraph 3 of the Medical Law, which is the criterion for violation of the Medical Law, or if it constitutes a significant harm to the order of the medical market. In response to the prohibition of operating the multiple medical institutions, the Constitutional Court decided that it was constitutional because it did not violate the regulations on excessive funding, and rationally limited the scope of the prohibited 'redundant operation'. The Supreme Court ruled for the first time that even a medical institution established and operated in violation of the Medical Service Act did not make it impossible to receive all medical care benefits implemented by a medical institution under the National Health Insurance Act. Significant rulings were finalized that recognized the existence of specific protection obligations for the people of the country in the management of infectious diseases.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.177-219
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• 2016

A commercial advertisement is not only a way of competition but also a medium of communication. Thus, it is under the constitutional protection of the freedom of business (article 15 of the Constitution) as well as the freedom of press [article 21 (1) of the Constitution]. In terms of the freedom of business or competition, it should be noted that an unfair advertising (false or misleading advertisement) can be regulated as an unfair competition, while any restraint on advertising other than unfair one might be doubted as an unjustifiable restraint of trade. In terms of the freedom of press or communication, it is important that article 21 (2) of the Constitution forbids any kind of (prior) censorship, and the Constitutional Court applies this restriction even to commercial advertising. In this article, the applicability of these schemes to advertising of the so-called learned professions, especially physician, are to be examined, and some proposals for the reformation of the current regulatory regime are to be made. Main arguments of this article can be summarized as follows: First, the current regime which requires advance review of physician advertising as prescribed in article 56 (2) no. 9 of Medical Act should be reformed. It does not mean that the current interpretation of article 21 of the Constitution is agreeable. Though a commercial advertising is a way of communication and can be protected by article 21 (1) of the Constitution, it should not be under the prohibition of censorship prescribed by article 21 (2) of the Constitution. The Constitutional Court adopts the opposite view, however. It is doubtful that physician advertising needs some prior restraint, also. Of course, there exists severe informational asymmetry between physicians and patients and medical treatment might harm the life and health of patients irrevocably, so that medical treatment can be discerned from other services. It is civil and criminal liability for medical malpractice and duty to inform and not regulation on physician advertising, to address these differences or problems. Advance review should be abandoned and repelled, or substituted by more unproblematic way of regulation such as an accreditation of reviewed advertising or a self-regulation preformed by physician association independently from the Ministry of Health and Welfare or any other governmental agencies. Second, the substantive criteria for unfair physician advertising also should correspond that of unfair advertising in general. Some might argue that a learned profession, especially medical practice, is totally different from other businesses. It is performed under the professional ethics and should not persue commercial interest; medical practice in Korea is governed by the National Health Insurance system, the stability of which might be endangered when commercial competition in medical practice be allowed. Medical Act as well as the condition of medical practice market do not exclude competition between physicians. The fact is quite the opposite. Physicians are competing even though under the professional ethics and obligations and all the restrictions provided by the National Health Insurance system. In this situation, regulation on physician advertising might constitute unjustifiable restraint of competition, especially a kind of entry barrier for 'new physicians.'

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.195-218
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• 2017

The increase in medical expenses for convalescent hospitals is increasing abnormally, which puts enormous burden on the National health insurance finances. This is a phenomenon that has been associated with the social phenomenon of rapid aging. The fact that the convalescent hospitals are paid the fixed amount per day for hospitalization became the incentive for some hospitals to use the patients as means of making money. And these hospitals intend to get regular care or take medicines at other hospitals in order to reduce medical expenses, even when the medical fee is paid. In order to prevent such financial leaks, the Health Insurance Review and Assessment Service adjusted the patient group for inpatients in a hospital with the above behavior, and then cut the cost of medical care benefits. However, Above decision was canceled by the court on the grounds that there was no basis rule. However, based on the above case, I think that it can be an opportunity to draw up the problem and to improve of the Medical Fee System of hospital. The modified medical fee system can strengthen the medical function of the convalescent hospital. In addition, it seems reasonable to exclude admission for "physically disabled group". Even if admission is allowed for the physically disabled group due to social needs, it should be excluded from the National health insurance for the fianacial soundness and the sustainability of the system.

• The Korean Society of Law and Medicine
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• v.19 no.1
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• pp.207-254
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• 2018

The major court rulings delivered in 2017 include the ruling that separated the legal character of denture production agreement signed together with medical care agreement and found a subcontracting dimension in the former, and the ruling that overcame the limitations of the theory of entire appearance of a fetus as discussed in civil law by using the legal principle of insurance which suggests that unborn child insurance takes effect after the contract is signed and the first installment of the premium is paid in. As more court rulings find the medical specialists responsible for accidents and injuries from drugs, some argue that medication counseling by the druggist who makes and dispenses drugs should be upgraded. And with respect to a court ruling that denied the hospital's responsibility for an infection-involving accident even if there were no records on specific measures taken in infection management, some criticized the court for being too conservative in recognizing responsibilities. And with respect to infectious disease management, some criticized the court for its interpretation and application of the facts in the direction of denying the negligence. In addition, some claimed that it is necessary to establish institutional system for hospital infection control and its aid for victims, and to improve the system including the reversal of the burden of proof given the special nature of hospital infections. A number of rulings on the duty to disclose included the one which stated that the specific matter did not require a doctor's explanation as it was explained or the specific medical service would have been performed even if no explanation had been given. There was a greatly controversial ruling over the scope of indemnification, which accepted the occurrence of multiple scars and deformation as disorders while regarding breast as a thoracic organ. And a Supreme Court ruling over interpreting Medical Service Act was criticized as overstepping the boundary allowed in the law.