• Title/Summary/Keyword: 비판적 평가

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Directions of Implementing Documentation Strategies for Local Regions (지역 기록화를 위한 도큐멘테이션 전략의 적용)

  • Seol, Moon-Won
    • The Korean Journal of Archival Studies
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    • no.26
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    • pp.103-149
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    • 2010
  • Documentation strategy has been experimented in various subject areas and local regions since late 1980's when it was proposed as archival appraisal and selection methods by archival communities in the United States. Though it was criticized to be too ideal, it needs to shed new light on the potentialities of the strategy for documenting local regions in digital environment. The purpose of this study is to analyse the implementation issues of documentation strategy and to suggest the directions for documenting local regions of Korea through the application of the strategy. The documentation strategy which was developed more than twenty years ago in mostly western countries gives us some implications for documenting local regions even in current digital environments. They are as follows; Firstly, documentation strategy can enhance the value of archivists as well as archives in local regions because archivist should be active shaper of history rather than passive receiver of archives according to the strategy. It can also be a solution for overcoming poor conditions of local archives management in Korea. Secondly, the strategy can encourage cooperation between collecting institutions including museums, libraries, archives, cultural centers, history institutions, etc. in each local region. In the networked environment the cooperation can be achieved more effectively than in traditional environment where the heavy workload of cooperative institutions is needed. Thirdly, the strategy can facilitate solidarity of various groups in local region. According to the analysis of the strategy projects, it is essential to collect their knowledge, passion, and enthusiasm of related groups to effectively implement the strategy. It can also provide a methodology for minor groups of society to document their memories. This study suggests the directions of documenting local regions in consideration of current archival infrastructure of Korean as follows; Firstly, very selective and intensive documentation should be pursued rather than comprehensive one for documenting local regions. Though it is a very political problem to decide what subject has priority for documentation, interests of local community members as well as professional groups should be considered in the decision-making process seriously. Secondly, it is effective to plan integrated representation of local history in the distributed custody of local archives. It would be desirable to implement archival gateway for integrated search and representation of local archives regardless of the location of archives. Thirdly, it is necessary to try digital documentation using Web 2.0 technologies. Documentation strategy as the methodology of selecting and acquiring archives can not avoid subjectivity and prejudices of appraiser completely. To mitigate the problems, open documentation system should be prepared for reflecting different interests of different groups. Fourth, it is desirable to apply a conspectus model used in cooperative collection management of libraries to document local regions digitally. Conspectus can show existing documentation strength and future documentation intensity for each participating institution. Using this, documentation level of each subject area can be set up cooperatively and effectively in the local regions.

An Understanding of the Archival Management in Early Joseon Dynasty (조선전기 기록관리 체계의 이해)

  • Oh, Hang-Nyeong
    • The Korean Journal of Archival Studies
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    • no.17
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    • pp.3-37
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    • 2008
  • In this article, I outlined the archival management system in Early Joseon Dynasty and examined the characteristics of the system. At first, I explained the three aspects of the archival management; the memory of the past, the documentation of the contemporary, and the vision of the future through the documentation. Secondly, I tried to understand the character of the Veritable Record and its compilation by the concepts of archival science such as 'authenticity', 'reliability'. In the memory of the past, the History of a Dynasty(Koryo-Sa) and the Comprehensive History of Eastern Kingdom were included. The arrangement of the past was accompanied with the systematic study of the domestic and foreign histories. At the beginning of the state building, there was many practical need to the experiences of government and social re-construction. It was also the process of the legitimacy establishment of the new dynasty. And the Bureaucracy promoted the development of the records and archival management system because it needed the continuity and evidence of business. The dualistic structure of the records and archival management system was the most unique character of this age. The management of general administrative records was not different from the modern one. But the historical drafts and the compilation of Veritable record were different. Here, I had to examine the characteristics of these procedures by the concept authenticity, reliability, and custodianship. In doing so, I suggested the need of conceptualization of the historical terms such as 'the primary sources' and 'the secondary sources' in historical study. The archival concepts will be the most useful means to that issue. Through the memory of the past and the documentation of the contemporary, they made visions of the future, new vision of the Literati Governance. In this tradition, in spite of the revision of the Veritable records by the new changed political party, both the orignal and the revised remained as the comparative evidence for the future generation in the name of the Black-Red Revised History.

Dam-Heon Hong Dae Yong's : A part of the BukHak School's Understanding on The Great Learning (담헌 홍대용의 <대학문의(大學問疑)> : 북학파의 『대학』 이해의 일단(一端))

  • Ahn, Woe Soon
    • (The)Study of the Eastern Classic
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    • no.33
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    • pp.385-411
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    • 2008
  • This thesis aims at examining his understandings about the The Great Learning centering on the of the founder of the YiYongHuSaeng School (利用厚生學派: A school who pursued prosperous economy and welfare of people) orthe BukHak School(北學派: A positive school that pursued mercantilism) from the Joseon Dynasty, Dam-Heon Hong Dae Yong (1731-1783). 1) From what is indicated in the , his studies mainly focused on the annotations from DaeHakJangGuDaeJeonJipJu ("大學章句大全集註": A book that edited different phrases from the Great Learning into chapters and paragraphs), Questioning of the Great Learning", and "JuJaUhRyu (朱子語類: A book of Confucian literature written by Yeo Jung Deok" of Zhu Xi who was a representative scholar of the Neo-Confucianism in the Song Dynasty. 2) Acknowledging entirely the arguing points of Zhu Xi, he is taking a critical position in a way that partial doubts are divided into seven chapters and questioned. 3) For the main characteristic and direction of the questioning, he is estimating that Zhu Xi only stressed the 'means' and 'interior' out of the world of 'means and ends' and 'interior and exterior' in Zhu Xi's recognizing and handling cases; instead, he emphasized putting equivalent value on the 'ends' and 'exterior' as well. 4) In fact, such questions raised partially were misconceived since they were not carried out through profound understanding nor systematic logic expansion of what Zhu Xi insisted. 5) Despite this, at the point where Neo-Confucian thoughts were fixed and weakened only with its form left in the late Joseon Dynasty, his perspective on the study of Confucian classics that the 'ends' and 'exterior' should be as equally valued as the 'means' and 'interior' by examining through the core text of the Neo-Confucianism, The Great Learning has its significance in his YiYongHuSaeng dogma that says politicians, by all means, should provide the ruled with economic convenience and welfare and this is their very right virtue.

Various Life Conditions of Actors of Joseon Periods in Unofficial Historical Stories (야담 문학에 나타난 조선 배우의 삶)

  • Choi, Nakyong
    • (The) Research of the performance art and culture
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    • no.23
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    • pp.281-312
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    • 2011
  • The aim of this study is to examine various life conditions of actors of Joseon periods in unofficial historical stories. Yadam Literature(Korean unofficial historical stories) had been collected Sadaebu(the past Korean nobility and Confucian intelligentsia) among the people that stories had been handed down orally. and they had been wrote them. So Yadam Literature was heterozygous between the folk culture and the ruling class. And it was mixed and adapted legends and folktales, adding literary imagination. had a decisive role to cultivating novel that owed much to prosaic inspiration during A. D. 18~19. Besides, set a high value on excellent novel itself. Yadam Literature had a verisimilitude because it described a contemporary reality as it was founded on freely prosaic inspiration. In those days, so called Suchok and Seunggwangdae had performed Uhee(a comic theatrical performance) in Joseon periods. Suchok was the lowest class of people and Seunggwangdae was performing Buddhist monk in that time. Uhee had performed three kinds of comedies. One satirized and insinuated kings. Other satirized corrupt officials, too. Another had mimic everything. It is famous at that time as a king knew repertoire. Confucian scholars very were fond of Uhee in those ages. Because they favored a criticism of Uhee's satire. They thought that it gave people good lesson or instruction. Heri Bergson said that comic and Humor included lesson. At that time, those thought were universal in the world whether east or west. At any rate, I classify six kinds of types Uhee in Yadam Literature. First, satirizing and accusing corrupt officials. Second, an actor who use a satire in order to appeal secure a government position of his lord to a king. Third, shamans and actors who use a satire in order to appeal sufferings themselves to a king. Forth, actors and performing Buddhist monks that skillfully mimic anything. Fifth, describing actor's extremely miserable life. Sixth, wit and humor of actors. The contents of Uhee were various. Korean traditional actors adeptly dealt with aspects comic of wit, satire, humor, etc. Sometimes they used changeable transition them. By doing that, a great number of people enjoyed fully the sense of freedom. Korean traditional actors were the lowest class of people. They had lived extremely miserable life. But they had been exist as actions, interactions, and relationship in society those days. they were not only open to people, but also might foster community to peoples.

Chinese Communist Party's Management of Records & Archives during the Chinese Revolution Period (혁명시기 중국공산당의 문서당안관리)

  • Lee, Won-Kyu
    • The Korean Journal of Archival Studies
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    • no.22
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    • pp.157-199
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    • 2009
  • The organization for managing records and archives did not emerge together with the founding of the Chinese Communist Party. Such management became active with the establishment of the Department of Documents (文書科) and its affiliated offices overseeing reading and safekeeping of official papers, after the formation of the Central Secretariat(中央秘書處) in 1926. Improving the work of the Secretariat's organization became the focus of critical discussions in the early 1930s. The main criticism was that the Secretariat had failed to be cognizant of its political role and degenerated into a mere "functional organization." The solution to this was the "politicization of the Secretariat's work." Moreover, influenced by the "Rectification Movement" in the 1940s, the party emphasized the responsibility of the Resources Department (材料科) that extended beyond managing documents to collecting, organizing and providing various kinds of important information data. In the mean time, maintaining security with regard to composing documents continued to be emphasized through such methods as using different names for figures and organizations or employing special inks for document production. In addition, communications between the central political organs and regional offices were emphasized through regular reports on work activities and situations of the local areas. The General Secretary not only composed the drafts of the major official documents but also handled the reading and examination of all documents, and thus played a central role in record processing. The records, called archives after undergoing document processing, were placed in safekeeping. This function was handled by the "Document Safekeeping Office(文件保管處)" of the Central Secretariat's Department of Documents. Although the Document Safekeeping Office, also called the "Central Repository(中央文庫)", could no longer accept, beginning in the early 1930s, additional archive transfers, the Resources Department continued to strengthen throughout the 1940s its role of safekeeping and providing documents and publication materials. In particular, collections of materials for research and study were carried out, and with the recovery of regions which had been under the Japanese rule, massive amounts of archive and document materials were collected. After being stipulated by rules in 1931, the archive classification and cataloguing methods became actively systematized, especially in the 1940s. Basically, "subject" classification methods and fundamental cataloguing techniques were adopted. The principle of assuming "importance" and "confidentiality" as the criteria of management emerged from a relatively early period, but the concept or process of evaluation that differentiated preservation and discarding of documents was not clear. While implementing a system of secure management and restricted access for confidential information, the critical view on providing use of archive materials was very strong, as can be seen in the slogan, "the unification of preservation and use." Even during the revolutionary movement and wars, the Chinese Communist Party continued their efforts to strengthen management and preservation of records & archives. The results were not always desirable nor were there any reasons for such experiences to lead to stable development. The historical conditions in which the Chinese Communist Party found itself probably made it inevitable. The most pronounced characteristics of this process can be found in the fact that they not only pursued efficiency of records & archives management at the functional level but, while strengthening their self-awareness of the political significance impacting the Chinese Communist Party's revolution movement, they also paid attention to the value possessed by archive materials as actual evidence for revolutionary policy research and as historical evidence of the Chinese Communist Party.

A study on the effect of startup entrepreneurs' experience of industry-university cooperation through incubator organizations on organizational learning capability and innovation performance (벤처기업 창업가의 배태조직과 산학협력 경험이 조직학습역량과 혁신성과에 미치는 영향)

  • Kim, Deokyong;Bae, Sung Joo
    • Journal of Technology Innovation
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    • v.30 no.2
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    • pp.29-58
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    • 2022
  • Startups lack resources and manpower to build internal capabilities to strengthen market competitiveness; external cooperation such as joint research and networking plays is important. In this study, we analyzed the effect of startups' industry-university cooperation on organizational learning capability and innovation performance. Empirical results demonstrate the mechanism by which government R&D investment strengthens organizational learning capability and creates innovative results by promoting cooperation between startups and universities. First, industry-university cooperation strengthened organizational learning capability. An empirical analysis shows that startups increase internal capabilities through external cooperation. Second, startups' organizational learning capability had a significant effect on innovation performance. We analyze how organizations with high learning capabilities positively develop corporate innovation performance by having a culture of discovery and sharing new ideas. Finally, industry-university cooperation had different effects on organizational learning capability and innovation performance according to the previous experiences of startup founders. In particular, small- and medium-sized (startup) businesses and individual-based experience groups positively affected the creation of organizational learning capabilities and innovation performance through industry-university cooperation. Small- and medium-sized businesses and individual founders have a relatively small cooperative network with the outside world compared to founders of large companies, universities, and research institutes; therefore, they strengthen organizational learning capabilities through cooperation with universities. This study demonstrates that government should create policy inducements for cooperation with universities to maximize the R&D performance of startups. Criticism exists that lending support to startups and universities will hinder innovation performance; nevertheless, government investment plays a role in expanding intangible resources such as accumulating technologies, fostering high-quality human resources, and strengthening innovation networks. Therefore, the government should appropriately utilize the its authority to strengthen investment strategies for startup growth.

The Conceptual Intersection between the Old and the New and the Transformation of the Traditional Knowledge System (신구(新舊) 관념의 교차와 전통 지식 체계의 변용)

  • Lee, Haenghoon
    • The Journal of Korean Philosophical History
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    • no.32
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    • pp.215-249
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    • 2011
  • This essay reflects on the modernity of Korea by examining the transformation of the traditional knowledge system from a historico-semantic perspective with its focus on the opposition and collision of the old and the new conception occurred in the early period(1890~1910) of the acceptance of the Western modern civilization. With scientific success, trick of reason, Christianity and evolutionary view of history, the Western modernity regarded itself as a peak of civilization and forced the non-Western societies into the world system in which they came to be considered as 'barbarism(野蠻)' or 'half-enlightened(半開).' The East Asian civilization, which had its own history for several centuries, became degraded as kind of delusion and old-fashioned customs from which it ought to free itself. The Western civilization presented itself as exemplary future which East Asian people should achieve, while East Asian past traditions came to be conceived as just unnecessary vestiges which it was better to wipe out. It can be said that East Asian modernization was established through the propagation and acceptance of the modern products of the Western civilization rather than through the preservation of its past experience and pursuit of the new at the same time. Accordingly, it is difficult to apply directly to East Asian societies Koselleck's hypothesis; while mapping out his Basic Concept of History, he assumed that, in the so-called 'age of saddle,' semantic struggle over concepts becomes active between the past experience and the horizon of expectation on the future, and concepts undergoes 'temporalization', 'democratization', 'ideologization', 'politicization.'The struggle over the old and new conceptions in Korea was most noticeable in the opposition of the Neo-Confucian scholars of Hwangseongsinmun and the theorists of civilization of Doknipsinmun. The opposition and struggle demanded the change of understanding in every field, but there was difference of opinion over the conception of the past traditional knowledge system. For the theorists of civilization, 'the old(舊)' was not just 'past' and 'old-fashioned' things, but rather an obstacle to the building of new civilization. On the other hand, it contained the possibility of regeneration(新) for the Neo-Confucian scholars; that is, they suggested finding a guide into tomorrow by taking lessons from the past. The traditional knowledge system lost their holy status of learning(聖學) in the process of its change into a 'new learning(新學),' and religion and religious tradition also weakened. The traditional knowledge system could change itself into modern learning by accepting scientific methodology which pursues objectivity and rationality. This transformation of the traditional knowledge system and 'the formation of the new learning from the old learning' was accompanied by the intersection between the old and new conceptions. It is necessary to pay attention to the role played by the concept of Sil(hak)(實學) or Practical Learning in the intersection of the old and new conceptions. Various modern media published before and after the 20th century show clearly the multi-layered development of the old and new conceptions, and it is noticeable that 'Sil(hak)' as conceptual frame of reference contributed to the transformation of the traditional knowledge system into the new learning. Although Silhak often designated, or was even considered equivalent to, the Western learning, Neo-Confucian scholars reinterpreted the concept of 'Silhak' which the theorists of civilization had monopolized until then, and opened the way to change the traditional knowledge system into the new learning. They re-appropriated the concept of Silhak, and enabled it to be invested with values, which were losing their own status due to the overwhelming scientific technology. With Japanese occupation of Korea by force, the attempt to transform the traditional knowledge system independently was obliged to reach its own limit, but its theory of 'making new learning from old one' can be considered to get over both the contradiction of Dondoseogi(東道西器: principle of preserving Eastern philosophy while accepting Western technology) and the de-subjectivity of the theory of civilization. While developing its own logic, the theory of Dongdoseogi was compelled to bring in the contradiction of considering the indivisible(道and 器) as divisible, though it tried to cope with the reality where the principle of morality and that of competition were opposed each other and the ideologies of 'evolution' and 'progress' prevailed. On the other hand, the theory of civilization was not free from the criticism that it brought about a crack in subjectivity due to its internalization of the West, cutting itself off from the traditional knowledge system.

Augustin und die Rhetorik (아우구스티누스와 수사학)

  • Hahn, Seok-whan
    • Journal of Korean Philosophical Society
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    • v.116
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    • pp.389-410
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    • 2010
  • Augustin wurde sozusagen von der Rhetorik zum Christentum bekehrt. Der einstmalige Rhetorikprofessor (bis 386) distanziert sich von seiner $fr{\ddot{u}}heren$ Kunst. Aber er $kn{\ddot{u}}pft$ als Bischof im vierten Buch seiner weniger bekannten Schrift "De doctrina Christiana" (DDC; abgef. 427) wieder an die antike Rhetorik, speziell an Cicero, an. So wird die augustinische $Sp{\ddot{a}}tschrift$ $f{\ddot{u}}r$ eine antike Rhetorik in christlicher Verwendung gehalten. Es stellt nun die Frage, was Augustin zur $R{\ddot{u}}ckkehr$ zu seiner $fr{\ddot{u}}heren$ Kunst bewegte. Neuere Forschungen sehen in Augustins Werk eine Grundlage der mittelalterlichen Predigttheorie oder einen $blo{\ss}en$ Versuch, die Rhetorik vom Makel des Sophistischen zu befreien. Gewiss ist seine Einstellung zur "leeren Beredsamkeit" der Sophistik eindeutig, aber dies war eine Haltung, die letztlich von allen seinen christlichen Zeitgenossen geteilt wurde und folglich eines geringen Beweises bedurfte. Die Aufmerksamkeit, die Augustins $sp{\ddot{a}}terem$ Einfluss und seiner Ablehnung der Zweiten Sophistik geschenkt wird, kann den Blick $tr{\ddot{u}}ben$ $f{\ddot{u}}r$ seine Rolle bei der $L{\ddot{o}}sung$ eines christlichen Dilemmas aus dem vierten Jahrhundert. Augustin sah die Gefahren einer entgegengesetzten rhetorischen $H{\ddot{a}}resie$. Die $S{\ddot{u}}nde$ des Sophisten besteht darin, dass er die Notwendigkeit des Inhalts verneint und glaubt, nur die forma alleine sei $w{\ddot{u}}nschenswert$. Der gegenteilige Fehler, dem Geschichtsschreiber der Rhetorik niemals einen Namen gegeben haben, beruht auf dem Glauben, dass derjenige, der im Besitz der Wahrheit ist, auch ipso facto in der Lage ist, die Wahrheit anderen zu ${\ddot{u}}bermitteln$. Es handelt sich um eine $ausschlie{\ss}liche$ $Abh{\ddot{a}}ngigkeit$ von der materia. Augustin erkannte eine Gefahr und benutzte DDC dazu, eine Verbindung von Inhalt und Form in der christlichen Predigt voranzutreiben. Nur wenn man daher das Buch als einen Teil der $gro{\ss}en$ Debatte des vierten Jahrhunderts ansieht, tritt seine historische Bedeutung klar hervor. Der Leser ist beeindruckt davon, dass der Autor darauf insistiert, es sei eine Torheit, dem Feind ein $n{\ddot{u}}tzliches$ Instrument zu ${\ddot{u}}berlassen$. Augustin $erkl{\ddot{a}}rt$, dass die Kunst der Beredsamkeit rege in Gebrauch genommen und nicht kurzerhand abgelehnt werden solle, weil sie mit dem Makel des Heidentums behaftet sei. Kurz gesagt, geplant ist das vierte Buch von DDC als eine ratio eloquentiae Christianae.

Quest of Wang Yak-heo(王若虚)'s Theories of Poetry - With a focus on Three Volumes of 「Talks on Chinses Poetry」 among "the Collected Writings of Wang Yak-heo"(滹南遺老集) (王若虚的詩論探究(왕약허의 시론 탐구) - 以《滹南遺老集》中的《詩話》三卷爲主(『호남유로집』 중 「시화」 3권을 중심으로) -)

  • Jang, Yung-Ki
    • (The)Study of the Eastern Classic
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    • no.34
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    • pp.207-224
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    • 2009
  • This research is a quest of theories of poetry of Wang Yak-heo who was a literary critic during Chin(金) dynasty in ancient China. Wang Yak-heo left a fine piece of work, dubbed ${\ll}$Honam Yuro Jib${\gg}$ and, in this paper, the author closely reviewed the theories of poetry that is appeared, especially, in the three volumes of ${\ll}$Talks on Chinese Poetry${\gg}$ among the collections of Wang's poetry criticism. In particular, the author investigated the positive and negative aspects of Honam's commentaries on the works by Chinese poets, including his principles of poetics, creative skills, and practical criticism, etc. Wang Yak-heo has not been known much in the history of Chinese literary thoughts, however, his theory of criticism, especially, among the talks on Chinese the works by Chinese poets, his literature criticisms establish unique and distinctive point of views. Wang Yak-heo's poetics, more than anything else, valued nature, meanings, truth, and contents therein. He exhibited realistic view of literature. Meanwhile, he analyzed the methods of expression by Du Bo(杜甫, pronounced, "Du Fu" in Chinese), So Sik, also known as So Dong Pa (蘇軾, Su Shi or 蘇東坡, Su Dong Po in Chinese), and Hwang Jeong-gyeon(黃庭堅, Huang T'ing-chien), and highly evaluated the realistic poems written by Du Bo, Baek Geo-I (白居易, pronounced, "Bai Juyi" in Chinese), and So Sik. Also, he opposed to formalism or externality, however, he never made light of formality of poetry. In his comments on the works by Chinese poets, he highly evaluated the poems sung by So Sik and Beek Geo-I, in the mean time, however, he criticized their works without hesitation. Having set up his own unique criteria for critique, Wang didn't accept other opinions in a seemingly illogical manner, and he presented what he thoughts and other different points of view from others. Specifically, he attached great importance to whether or not modification of words and phrases, grammar, and whole context were congruent to one another and had been well harmonized. However, in his poetics, Wang was so wrapped himself in reasonableness or rationality, he analyzed each and every word in great detailed manner, as the result, he sometimes didn't read the sentiment or mood that the writers intended to express through poems. He excessively restricted himself to the words and phrases, so that he was not able to realize natural emotions and joy of imagination that were presented in the poems, and, in the end, this brought about adverse effects to the poet's thought.

Latest Supreme Court Decision on Proof of Causation in Medical Malpractice Cases - Focusing on Supreme Court decision 2022da219427 on August 31, 2023 and the Supreme Court decision 2021Do1833 on August 31, 2023 - (의료과오 사건에서 인과관계 증명에 관한 최신 대법원 판결 - 대법원 2023. 8. 31. 선고 2022다219427 판결 및 대법원 2023. 8. 31. 선고 2021도1833 판결을 중심으로 -)

  • HYEONHO MOON
    • The Korean Society of Law and Medicine
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    • v.24 no.4
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    • pp.3-36
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    • 2023
  • The main issue in medical malpractice civil litigation is medical negligence and the causal relationship between medical negligence and damages. Regarding the presumption of causality in cases where medical negligence is proven, there is a previous Supreme Court decision 93da52402 on February 10, 1995, but it is difficult to find a case that satisfies the textual requirements of the above decision, and yet, in practice, the above decision is cited. In many cases, causal relationships were assumed, and criticism was consistently raised that it was inconsistent with the text of the above judgment. In its ruling, the Supreme Court reorganized and presented a new legal principle regarding the presumption of causality when medical negligence is proven in a civil lawsuit. According to this, If the patient proves ① the existence of an act that is assessed as a medical negligence, that is, a violation of the duty of care required of an ordinary medical professional at the level of medical care practiced in the field of clinical medicine at the time of medical practice, and ② that the negligence is likely to cause damages to the patient, the burden of proving the causal relationship is alleviated by presuming a causal relationship between medical negligence and damage. Here, the probability of occurrence of damage does not need to be proven beyond doubt from a natural scientific or medical perspective, but if recognizing the causal relationship between the negligence and the damage does not comply with medical principles or if there is a vague possibility that the negligence will cause damage, causality cannot be considered proven. Meanwhile, even if a causal relationship between medical negligence and damage is presumed, the party that performed the medical treatment can overturn the presumption by proving that the patient's damage was not caused by medical negligence. Meanwhile, unlike civil cases, the standard is 'proof beyond reasonable doubt' in criminal cases, and the legal principle of presuming causality does not apply. Accordingly, in a criminal case of professional negligence manslaughter that was decided on the same day regarding the same medical accident, the case was overturned and remanded for not guilty due to lack of proof of a causal relationship between medical negligence and death. The above criminal ruling is a ruling that states that even if 'professional negligence' is recognized in a criminal case related to medical malpractice, the person should not be judged guilty if there is a lack of clear proof of 'causal relationship'.