• Title/Summary/Keyword: 불확실성의 인지

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Review of 2016 Major Medical Decisions (2016년 주요 의료판결 분석)

  • Park, Tae Shin;Yoo, Hyun Jung;Jeong, Hye Seung;Lee, Dong Pil;Lee, Jung Sun
    • The Korean Society of Law and Medicine
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    • v.18 no.1
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    • pp.297-341
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    • 2017
  • We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, (1) In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, (2) We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. (3) In the case of admitting hospital's 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. (4) Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist's Botox injection on the patient's face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, (1) we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, (2) We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.

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The Social Influence of the Landscape Architecture Engineer Examination on the Establishment of Authenticity in Landscaping History Department (조경기사 '조경사' 과목이 조경역사학(造景歷史學) 분야의 진정성 확립에 미친 사회적 영향)

  • Lee, Chang-Hun;Shin, Hyun-Sil;Kim, Kyu-Seob;Lee, Won-Ho
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.36 no.3
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    • pp.128-136
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    • 2018
  • This study was centered on the protested data of the issue of "History of Landscape Architecture" in the handwritten course of landscaping articles of National Qualifications Test. The purpose of this study is to examine the types of social problems in the process of correcting erroneous historical facts. The purpose of this study was to find alternatives for the development of the field of landscape and culture history that can assist in the verification of the historical facts of the landscape sciences examination questions. The main results are as follows. First, as a result of analyzing the contents of the landscape architects' subject matter, the establishment of concept of landscape style and form and the confirmation of historical facts were investigated as important types to be established for development of landscape landscape history department. It seems that the social consensus of the expert group is needed to supplement the lack of data to refer to landscape architectural theory. Second, the analysis of the problematic narrative contents resulted in a total of five types of questionnaires. The appeared in the Undefined style and form(52.94%), Unproven historical facts(25.13%), Obscurity Era classification(11.77%), Lack of specificity(6.95%), Content scope of obscurity events(3.21%) Third, it is not only the lack of information to learn the theory by comparing and analyzing the contents of the statements in the landscape architect 's question items, but also the difference of contents between books was analyzed as the main cause of the problem. As a result of examining the characteristics and examples of the issues raised in landscape architectural problems, it was related to the social phenomenon, and it was classified into cultural factors and political factors. Fourth, the resolution of problematic issues in landscape architects' landscaping articles, which are national technical qualification tests, shows positive results. The information determined in the process of solving the perceived content can be used directly in landscaping field, and it helps the accuracy of the verification process by identifying the types and characteristics of the issues.

Thought Experiments: on the Working Imagination and its Limitation (사고실험 - 상상의 작용과 한도에 대해)

  • Hwang, Hee-sook
    • Journal of Korean Philosophical Society
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    • v.146
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    • pp.307-328
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    • 2018
  • The use of thought experiments has a long history in many disciplines including science. In the field of philosophy, thought experiments have frequently appeared in the pre-existing literature on the contemporary Analytic Philosophy. A thought experiment refers to a synthetic environment where the designer of the experiment-with his or her intuition and imagination-tests common-sense knowledge. It can be understood as a conceptual tool for testing the validity of the common understanding of an issue or a phenomenon. However, we are not certain about the usefulness or efficacy of a thought experiment in knowledge production. The design of a thought experiment is meant to lure readers into believing as intended by the experiment itself. Thus, regardless of the purpose of a thought experiment, many readers who encounter the experiment could feel deceived. In this paper, to analyze the logic of thought experiments and to seek the source of uneasiness the readers and critics may feel about thought experiments, I draw lessons from three renowned thought-experiments: Thomson's 'ailing violinist', Putnam's 'brain in a vat', and Searle's 'Chinese room'. Imaginative thought experiments are usually constructed around a gap between the reality and the knowledge/information at hand. From the three experiments, several lessons can be learned. First, the evidence of the existence of a gap provided via thought experiments can serve as arguments for counterfactual situations. At the same time, the credibility and efficacy of the thought experiments can be damaged as soon as the thought-experiments are carried out with inappropriate and/or murky directions regarding the procedures of the experiment or the background of the study. According to D. R. Hofstadter and D. C. Dennett(1981), the 'knob setting' in a thought experiment can be altered in the middle of a simulation of the experimental condition, and then the implications of the thought experiment change altogether, indicating that an entirely different conclusion can be deduced from thought experiment. Lastly, some pre-suppositions and bias of the experiment designers play a considerable role in the validity and the chances of success of a thought experiment; thus, it is recommended that the experiment-designers refrain from exercising too much of their imagination in order to avoid contaminating the design of the experiment and/or wrongly accepting preconceived/misguided conclusions.