• Title/Summary/Keyword: 사회적 거부

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Fusion of the Guardianship System and Mental Health Law Based on Mental Capacity - Focusing on the Enactment and the Application of the Mental Capacity Act (Northern Ireland) 2016 - (의사능력에 기반한 후견제도와 정신건강복지법의 융합 - 북아일랜드 정신능력법[Mental Capacity Act (Northern Ireland) 2016]의 제정 과정과 그 의의를 중심으로 -)

  • Kihoon You
    • The Korean Society of Law and Medicine
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    • v.24 no.3
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    • pp.155-206
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    • 2023
  • When a person with diminished mental capacity refuses necessary medical care, normative judgments about when paternalistic intervention can be justified come into question. A typical example is involuntary hospitalization for people with mental disabilities, traditionally governed by mental health law. However, Korean civil law reform in 2011 introduced a new form of involuntary hospitalization through guardianship legislation, leading to a dualized system to involuntary hospitalization. Consequently, a conflict has arisen between the 'best interest and surrogate decision-making' paradigm of civil law and the 'social defense and preventive detention' paradigm of mental health law. Many countries have criticized this dualized system as not only inefficient but also unfair. Moreover, the requirement for the presence of 'mental illness' for involuntary hospitalization under mental health law has faced criticism for unfairly discriminating against people with mental disabilities. In response, attempts have been made to integrate guardianship legislation and mental health law based on mental capacity. This study examines the legislative process and framework of the Mental Capacity Act (Northern Ireland) 2016, which reorganized the mental health care system by fusing guardianship legislation with mental health law based on mental capacity. By analyzing the case of Northern Ireland, which has grappled with conflicts between guardianship legislation and mental health law since the 1990s and recently proposed mental capacity as a single, non-discriminatory standard, we aimed to offer insights for the Korean guardianship and mental health systems.

A Study on Understanding about the Korean movie of Internet user in China: Focused on the Reply of Movie Web-site in China and Korea (한.중 인터넷 이용자들의 한국영화 이해에 관한 비교 연구: <엽기적인 그녀> 영화 사이트의 관람후기 게시판을 중심으로)

  • Lee, Jei-Young;Choi, Jeong-Ki
    • Korean journal of communication and information
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    • v.34
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    • pp.196-243
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    • 2006
  • The popularity of Korea pop culture, which called as the name of "Korea wave", has started to spread out in China and other Asian states from late-1990's. The study about "Korea wave" until now, however, have prevailed within an economic point of view. So, I would like to clarify that this dissertation raises a question in exiting argument and explains the identity of "Korea wave" by investigating the details of pop culture contents of Korea, and understanding of chinese receiver. It shows that chinese receiver, watching the movie , has estimated in the affirmative viewpoint after I have analyzed a reply of movie web-site in China. The main features of this analysis prove that there are a lot of good estimation when chinese receiver have seen that movie because it has been well-matched with emotion and fun of story and attraction in the movie. In that order, Some Chinese netizen evaluated that there are some negative point of view as the main actress has a strange and crazy behavior. I have also found that Korea pop culture contents has not given to them good image and chinese receiver had a tendency to view objectively to classify with strength and weakness. Analysis to contrast understanding of Chinese netizen with Korea netizen showed that Korea netizen emphasized fun of story, however, Chinese netizen showed that they had a lot of opinion to be fresh and realistic relatively. In conclusion, I would like herewith to identify that there are some differences between Chinese netizen and Korean netizen after contacting the movie. The reason has showed that understanding about the same object can be a great deal of various consideration in two more diverse cultures which have many different social-cultural and historical situation.

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A Deconstructive Understanding the Concept of Haewon in Daesoon Truth: From the Perspective of Derrida's Deconstruction Theory (대순진리의 해원(解冤)사상에 대한 해체(解體)론적 이해 -자크 데리다(Jacques Derrida)의 해체론을 중심으로-)

  • Kim, Dae-hyeon
    • Journal of the Daesoon Academy of Sciences
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    • v.39
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    • pp.69-97
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    • 2021
  • 'Déconstruction' is a system of thought that induces the emergent property that characterizes contemporary philosophy. The tradition of ancient Greek philosophy evolved over and over again, giving rise to the Renaissance and Enlightenment. It seemed to have reached its end under the historical perspective of modernity. However, contemporary philosophy wanted to see more possibilities through the deconstruction of modern philosophy. If modern philosophy dreams of a strange cohabitation between God and man with the humanistic completion of Plato's philosophy, modern philosophy rejects even that through deconstruction. Although Plato's classical metaphysics is a stable system centered around the absolute, it is ultimately based on God and religion. Under that system, human autonomy is only the autonomy bestowed by God. Contemporary philosophy is one of the results of efforts that try to begin philosophy from the original human voice through deconstruction. Instead of epistemology dependent on metaphysics, they wanted to establish epistemology from human existence and realize the best good that would set humans free through deconstruction. As such, it is no mistake to say that deconstruction is also an extension of the modern topic of human freedom. Deconstruction and human freedom act as one body in that the two cannot be separated from each other. Oddly enough, Daesoon Thought, which seems to have religious faith and traditional conservatism as main characteristics, has an emergent property that encompasses modern and contemporary times. The period of Korea, when Kang Jeungsan was active and founded Daesoon Thought, has an important meaning for those who have a keen view of history. Such individuals likely think that they have found a valuable treasure. This is because that period was a time when ideological activities were conducted due to an intense desire to discover the meaning of human freedom and envision a new world without copying the ways of the West. Instead they looked to face internal problems and raise people's awareness through subjectivity. In other words, the subtle ideas created by Korea's self-sustaining liberalism often take the form of what is commonly called new religions in modern times. Among these new religions, Daesoon Thought, as a Chamdonghak (true Eastern Learning), aims to spread a particular modern value beyond modern times through the concept of Haewon (the resolution of grievances) that was proclaimed by Jeungsan. The Haewon espoused in Daesoon Thought is in line with the disbandment of modern philosophy in that it contains modernity beyond modern times. First, Haewon means to resolve the fundamental resentment of human existence, which arose from Danju's grievance. Secondly, Haewon in Daesoon Thought encompasses the Haewon of the Three Realms of Heaven, Earth, and Humanity centers on a Haewon-esque style of existence called Injon (Human Nobility). Haewon in Daesoon Thought can be understood in the same context as Derrida's philosophy of Deconstruction. Modern deconstruction attempts to expose the invisible structures and bonds within human society and attempt to destroy them. In a similar way, Haewon endeavors to resolve the conflicts among the Three Realms by releasing the bonds of fundamental oppression that hinder the Three Realms of Heaven, Earth, and Humanity.

Islamist Strategic Changes against U.S. International Security Initiative (미국(美國)의 대외안보전략(對外安保戰略)에 대응한 이슬람Terrorism의 전술적(戰術的) 진화(進化))

  • Choi, Kee-Nam
    • Korean Security Journal
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    • no.14
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    • pp.517-534
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    • 2007
  • Since the beginning of human society, there have always been struggles and competitions for survival and prosperity, terrorism is not a recent phenomenon, however in modern times it has progressed to reflect the advances in civilization and power structures. At the time of the 9.11 terrorist attacks in the U.S. A., a new world order was in the process of being established after the breakdown of the Cold War era. The attacks drove both the Western and the Islamic worlds into heightened fear of terrorism and war, which threatened the quality of life of the whole mankind. Through two war campaigns against the Islamic world, it seems the U.S. has been pushing its own militaristic security road map of the Greater Middle East democratic initiative, justifying it as a means to retaliate and eradicate the terrorist threats towards themselves. However, with its five-year lopsided victories that cost the nation almost four thousand military casualties, and the war expenses that could match the Vietnam war, the U.S. does not yet seem to be totally emancipated from the fears of terrorism. Terrorism, in itself, is a means of resisting forced rules a form of alternative competition by the weak against the strong, and a way of expressing a dismissive response against dictatorial ideas or orders which allow for no normal changes. Intrinsically, the nature of terrorism is a reaction opposing power logics. Confronted with the absolute military power of the U.S., the Islamic strategies of terrorism have begun to rapidly evolve into a new stage. The new strategies take advantage of their civilization and circumstances, they train and inspire their front-line fighters on the Internet, and issue their orders through the clandestine network of the Al Qaeda operatives. These spontaneously generated strategies have been gained speed among the second, and third Islamic generations, many of whom are now spread throughout western societies. This represents a failure of the power-driven, one-sided overseas security initiatives by the U.S., and is creating a culture of fear and distrust in western societies. It is feared that the U.S. war campaigns have made the clash of religions far worse than before, and may ever lead to global ethnic separations and large-scale population movements. Eventually, it may result in the terrorist groups, enlarged and secretly supported by the huge sums of oil money, driving all mankind into a series of irreparable catastrophes.

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Adult Attachment Styles and Insomnia (성인 애착유형과 불면증)

  • Kim, Dong-Wook;Lee, Kyung-Hwa;Cho, Seong-Jin;Cho, In-Hee;Koh, Seung-Hee;Lee, Yu-Jin;Kim, Jong-Hoon;Kim, Seog-Ju
    • Sleep Medicine and Psychophysiology
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    • v.16 no.1
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    • pp.28-35
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    • 2009
  • Introduction: Human attachment is known to be closely associated with psychophysiological phenomenon. However, there have not been enough researches on the relationship of the attachment with sleep, especially with insomnia. The objective of the present study was to investigate the relationship between adult attachment styles and insomnia in community-dwelling population. Methods: One hundred seventy seven community-dwelling adults (74 males and 103 females;mean age $41.23{\pm}8.44$) participated in the current study. To assess the attachment styles (secure, dismissing, preoccupied and fearful), self-reporting Relationship Style Questionnaires (RSQ) were completed by the participants. Presence, type, frequency and duration of insomnia in the last month were also investigated. Results: Compared to subjects without insomnia, subjects with insomnia had higher fearful attachment scores (t=2.87, p=0.005). Higher fearful attachment score were found in all subtypes of insomnia (sleep-onset insomnia, t=2.33, p=0.021;maintenance insomnia, t=2.92, p=0.004;terminal insomnia, t=2.89, p=0.004). Subjects with frequent (${\ge}3$ per week) insomnia had higher fearful attachment scores than subjects with infrequent (${\le}2$ per week) insomnia (t=2.57, p=0.012). In addition, subjects with chronic insomnia (${\ge}6$ months) had higher preoccupied attachment scores relative to subjects with transient insomnia (<6 months), (t=2.57, p=0.012). Conclusion: In the current study, attachment styles were different depending on the characteristics of insomnia. The fearful attachment was associated with the presence of insomnia, while the preoccupied attachment was associated with the chronicity of insomnia. These findings suggest that there may be some relationship between the adult attachment styles and the clinical features of insomnia.

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Nomad Thinking Implied in Duchamp's Readymades (뒤샹의 레디메이드에 함의된 노마드적 사유)

  • Song, Hayoung
    • The Journal of the Convergence on Culture Technology
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    • v.7 no.3
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    • pp.215-222
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    • 2021
  • Duchamp chose readymades mainly for his denial of retinal painting and his desire and fluid thinking for changes inside him. His thinking is well presented in his readymade works. One of his early readymades, Bicycle Wheel, expresses correlations between beings and capital. Its essence is capital and the desire of beings. It is connected to Desire or Desire-Machine proposed as a social reform and creation model by Gilles Deleuze and Félix Guattari. Bicycle Wheel does not simply end in desire relations between capital and beings, though. When the desire of beings is converted into positive desire, it can keep inventing and creating something that is repetitive, fluid, and new. Duchamp tried to convey this positive desire through his readymade Fountain. Duchamp created a ready-made article toilet into a work of art in Fountain, being driven by desire flowing inside him. This is connected to the attributes of nomads that refused to settle down and continue to flow in search of new landscapes. This way of his thinking is clearly reflected in his Box in a Valise. He was motivated to create this work by his fluid thinking. In this work, various situations can unfold often according to the directions of two elements, place and arrangement. Here, place guarantees fluidity, and arrangement variability or desire. According to Gilles Deleuze and Félix Guattari, fluidity represents nomads with the characteristics of flow and variation, and desire represents productivity or production or creation. Box in a Valise represents nomads themselves. The nomads defined by Gilles Deleuze and Félix Guattari keep flowing and create a new world. They are in line with the thinking of Duchamp that refused to settle down at one place and escape from the old order to create a new artistic world. This type of nomads can be called revolutionists or creators that acknowledge differences and create. Nomads also contain the concept of resistance to the old order. Deleuze and Guattari proposed a war machine as a model of this resistance. Duchamp and his readymades can thus be called war machines.

OBSTETRICIAN'S VIEW OF TEENAGE PREGNANCY:PRESENT STATUS, PREVENTION AND PSYCHIATRIC CONSULTATION (산과 의사가 인지한 10대 임신의 현황, 예방, 정신과 자문)

  • Kim, Eun-Young;Kim, Boong-Nyun;Hong, Kang-E;Lee, Young-Sik
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
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    • v.13 no.1
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    • pp.117-128
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    • 2002
  • Objectives:For the purpose of obtaining the more vivid present status and prevention program of teenage pregnancy, this survey was done by Obstetricians, as study subject, who manage the pregnant teenager in real clinical situation. Methods:Structured survey form about teenage pregnancy was sent to 2,800 obstetricians. That form contained frequency, characteristics, decision making processes, and psychiatric aspects of the teenage pregnancy. 349 obstetricians replied that survey form and we analysed these datas. Results:(1) The trend of teenage pregnancy was mildly increased. (2) The most common cases were unwanted pregnancy by continuing sexual relationship with boyfriends rather than by forced, accidental sexual relationship with multiple partners. (3) The most common reason of labor was loss the time of artificial abotion. (4) Problems of pregnant girls' were conduct behaviors and poor informations about contraception rather than sexual abuse or mental retardation. (5) Most obstetricians percepted the necessity of psychiatric consultation, however psychiatric consultation was rare due to parents refusal and abscense of available psychiatric facility. (6) For the prevention of teenage pregnancy, the most important thing was practical education about contraception. Conclusions:Based on the result of this study, further study using structured interview schedule with pregnant girl is needed for the detecting risk factor of teenage pregnancy and effective systematic approach to pregnant girl.

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The Implementation and limits of Involuntary Detention of the Tuberculosis Prevention Act (결핵예방법의 격리명령의 실행과 한계에 관하여)

  • Kim, Jang Han
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.55-84
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    • 2015
  • The tuberculosis is the infectious disease. Generally, the active tuberculosis patient can infect the 10 persons for one year within the daily activities like casual conversation and singing together. The infectivity of tuberculosis can continue for a life time, and infected persons can remain at risk for developing active tuberculosis. To control this contagious disease, along with the active tuberculosis patients, non-infectious but non-compliant patients who can be infectious if their immune systems become impaired have to be managed. To control the non-complaint patients, medical treatment order should be combined with the public order. Because tuberculosis is the risk of community health, the human rights like liberty and freedom of movement can be restricted for public welfare under the article 37(2) of constitution. Even when such restriction is imposed, no essential aspect of the freedom or right shall be violated. The degree of restriction on the rights of citizens is different what methods are chosen to non-complaint patients. For example, under the directly observed therapy program, the patients and medical staffs make an appointment and meet to confirm the drug intakes according to the schedule, which is the medical treatment combined with the mildest public order. If the patients break the appointments or have the history of disobedient, the involuntary detention can obtain the legitimate cause. The Tuberculosis Prevention Act has the two step programs on this involuntary detention, The admission order (Article 15) is issued when the patients are infectious. The quarantine order (Artle 15-2) is issued when the patients are infectious and non-complaint. The legal criteria for involuntary detention are discussed and published through the international conventions and covenants. For example, World Health Organization had made guidance on human rights and involuntary detention for tuberculosis control. The restrictions should be carried out in accordance with the our law and in the legitimate objective of public interest. And the restriction should be based on scientific evidence and not imposed in an unreasonable or discriminatory manner. We define and adopt these international criteria under our constitution and legal system. Least restrictive alternative principle, proportionality principle and the individual evaluation methods are explained through the reviews of United States court decisions. Habeas Corpus Act is reviewed and adopted as the procedural due process to protect the patient rights as a citizen. Along with that, what conditions and facilities which are needed to performed quarantine order are discussed.

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Investigation into the Gugak Educational Programs by Museum of Gugak for Invigoration Measures (국악박물관 국악교육프로그램 활성화를 위한 고찰)

  • Moon, Joo-seok
    • (The) Research of the performance art and culture
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    • no.36
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    • pp.327-363
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    • 2018
  • This paper tracks the present state of the Gugak educational programs run by Gugak-specialized museums including Museum of Gugak not only to set a directionality of Museum of Gugak to step forward for their main purposes, but also to find measures to invigorate its Gugak educational programs. There are 826 museums registered in 2016 nationwide, and ten of them are Gugak-specialized museums including Museum of Gugak. An analysis of the educational programs by Museum of Gugak presents high achievements in concentrativeness, participation and satisfaction levels. However, several issues such as difficulty level adjustment, education period arrangement, contents development, setting of a precise aim of education, and overcoming of regional limitations are to be solved in the future. Considering these special circumstances, the study suggests setting a directionality of Gugak education by following four conditions: Firtly, the Gugak education programs by Museum of Gugak should be user-oriented. Secondly, it is necessary to provide customized learning programs to suit users of various ages and generations. Thirdly, a solid education is required to enhance creativity deviating from uniform, unilateral, fragmentary education focused on materials and relics of museums as the users' experiences and learning levels vary. Fourthly, integrated education with relevant study in common use is required as the specialized environments of the museum could cause users psychological resistance and lessen their willingness to approach. Focusing on these four conditions several invigoration measures for the Gugak education programs are discussed: Firstly, a step-by-step approach, not a radical shift, is required in order to turn existing programs into the user-oriented. Secondly, customized learning programs should be planned in consideration of life cycle of the users. Thirdly, it is necessary to establish virtuous circulation reflecting activity-based contents as well as to provide the users experiences through five senses for solid Gugak education, in which various elements such as experiencing, learning, playing, viewing are reflected manifoldly. Fourthly, integrated education can be implemented when the features of Gugak educational programs are internally structured and the external environment matures.

Associations between Sleep Quality, Daytime Sleepiness, with Perceived Errors during Nursing Work among Hospital Nurses (간호사의 수면의 질, 주간졸음 및 간호업무 중 인지한 오류 경험과의 관련성)

  • Kim, Mi Sung;Kim, Jang-Rak;Park, Ki-Soo;Kang, Young Sil;Choe, Sung Pil Michael
    • Journal of agricultural medicine and community health
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    • v.38 no.4
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    • pp.229-242
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    • 2013
  • Objectives: The objective of this study was to identify the influence of shift work on sleep quality, daytime sleepiness, and perceived errors during nursing work among hospital nurses. Methods: The study subjects were 209 hospital nurses working in two general hospitals in South Korea. The data were collected through self-administered questionnaires in May 2013. Sleep quality was measured using Korea Pittsburgh Sleep Quality Index (PSQI-K), daytime sleepiness was measured using Epworth Sleepiness Scale (ESS), and perceived errors in past 6 months during nursing duty hours with the tool developed in this study. Results: The sleep quality was significantly worse among rotating shift nurses when compared to fixed day duty nurses. However, the odds ratio (OR) of 1.92 [95% confidence interval(CI): 0.58-6.37] adjusted for sociodemographic variables, health behaviors, and working environment in logistic regression was not significant. There was no significant difference in the daytime sleepiness between rotating shift nurses and fixed day duty nurses in both simple and multivariable analyses. There were significantly more perceived errors in rotating shift nurses than fixed day duty nurses. However, the OR of 1.26 (95% CI: 0.38-4.21) adjusted for sociodemographic variables, health behaviors, working environment, sleep quality, and daytime sleepiness in logistic regression was not significant. Depression (OR=3.31, 95% CI: 1.11-9.84) and daytime sleepiness(OR=1.18, 95% CI: 1.07-1.30) were significantly associated with perceived errors in logistic regression. Conclusion: This study suggested shift work among hospital nurses had no independent influence of sleep quality, daytime sleepiness, and perceived errors. However, daytime sleepiness had independent influence of perceived errors. More studies are warranted to achieve more reliable conclusion.