• The Korean Society of Law and Medicine
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• v.21 no.1
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• pp.153-185
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• 2020

In principle, even if serious consequences such as death or serious injury of a patient occur as a result of a medical accident, if the medical malpractice of a health care worker is not recognized, the health care worker is not held liable for said consequences. However, with the opening of the Korea Medical Dispute Mediation and Arbitration Agency on April 7, 2012, a system was established to compensate health care personnel for their medical malpractices only in the case of "injuries caused by medical accidents in the course of childbirth" (hereinafter referred to as "program for compensation of medical accidents"). Article 46 paragraph 1 of the current Medical Dispute Mediation Act, which is the basis of the Force Majeure Medical Accident Compensation System, stipulates that "medical accidents under delivery" claims are to be determined by the Medical Accident Compensation Review Committee are subject to the compensation project. And the details of the compensation, ratio of sharing financial resources for compensation, scope of compensation, and the guidelines and procedure for the payment of compensations are prescribed by Presidential Decree. In other words, the Presidential Decree requires the state to pay 70 percent of the compensation funds, and 30 percent of the above funds among health care providers. The Constitutional Court has decided on the 2015Hun-Ga13 that the scope of the health care institution's founders and the share of the compensation funds cannot be directly determined by the law, and that the portion delegated by the Presidential decree does not violate the Principle of Legal Protection nor Comprehensive Nondelegation Doctrine. However, this can be seen as an exclusion of accountability for force-induced delivery accidents even if there is no negligence of the medical staff. If the nature of the system is a type of social security system with a social compensatory nature, it could consider eliminating the health care innovator's cost-sharing provisions, leaving the full cost to the state. However, it is also necessary to review institutional protocols that strengthen the efforts of medical institutions in areas such as analysis of the causes of medical accidents and measures to prevent their recurrence. In addition, I think that the conclusion of the Act is in line with the purpose of the Comprehensive Wage Support Regulations that at minimum the law sets an upper limit of the compensation funds that are to be paid by health and medical institutions. Moreover, it is reasonable for the Medical Accident Compensation Review Committee to specify gestational age and weight of births, which are the criteria for compensation, under the Enforcement Decree of the Medical Dispute Mediation Act, in relation to the criteria for payment of contributions by the Medical Accident Compensation Review Committee, and to set the detailed criteria.

• Korean Journal of Environment and Ecology
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• v.25 no.3
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• pp.421-431
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• 2011

This study examined visitors' perceptions and attitudes about establishing cable car in Mudeungsan Provincial Park (MPP). Data were collected from 401 respondents by a field questionnaire survey in MPP during the September of 2010. 61.7% of respondents opposed to establishing cable car in MPP while 20.6 percent supported it. Respondents showed high level of belief to possible consequences that establishing cable car will result in 'deterioration of ecosystem and natural landscape', 'crowding problem by increased number of visitors', 'disappearance of naturalness or previous nature experiences in MPP'. Respondents, however, presented low belief to 'positive effects on increasing economic income and local economic growth by attracting tourists'. 32.4 percent of the survey respondents evaluated the present MPP as a place of 'Nature Preservation Area (NPA)' and 10.5% as 'Developed Park Area (DPA)'. 48.8% of respondents answered that MPP should be managed as 'NPA' with only 2.5% as DPA. Respondents' socio-demographic characteristics (i.e., gender, age, education level, length of residence in Gwang-ju city), use patterns (number of visits to MPP or to Jungbong and surrounding areas), and normative place condition of MPP showed relationship with the overall support rates about establishing cable car. The results and their implications were discussed.

• 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.

• Journal of Nutrition and Health
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• v.50 no.3
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• pp.284-293
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• 2017

Purpose: This study was conducted to examine the behavioral intentions of breastfeeding in single women using the theory of planned behavior. Methods: The questionnaires were distributed to 350 single women in her 20~30s, and 316 respondents were analyzed by descriptive statistics, Spearman's correlation, and multiple regression analysis. Results: The subjects showed strong intentions and favorable attitudes toward breastfeeding. The subjects were more favorably influenced by their mothers, siblings, friends, and coworkers who previously experienced breastfeeding than ones with no breastfeeding experiences. There were significant correlations between breastfeeding intention and attitudes (r = 0.321, p < 0.0001), subjective norms (r = 0.434, p < 0.0001), and perceived control (r = 0.307, p < 0.0001). However, regression analysis with two different age groups revealed that subjective norms (p < 0.0001) and perceived control (p < 0.001) contributed to the model of explaining breastfeeding intentions in subjects who were 25 years old or younger, whereas attitudes did not. In addition, subjects who were more than 25 years old showed that attitudes (p < 0.003) and subjective norms (p = 0.002) contributed to the model of explaining breastfeeding intentions while perceived control (p < 0.070) showed less contribution. Conclusion: These results suggest that the theory of planned behavior can be a useful tool to increase the rate of breastfeeding intentions in single women when designing educational materials, which requires consideration of age differences.

• Journal of the Daesoon Academy of Sciences
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• v.46
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• pp.189-234
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• 2023

The most common and prevailing system of virtue ethics is based around the idea of personality rather than external behavior and it grew out of the Aristotelian system of virtue ethics. The purpose of this study is to find out the characteristics of the virtue ethics found within Daesoon Thought through comparison to Aristotelian virtue ethics. This can serve as a basis to establish the virtue ethics of Daesoon Thought in further studies. The systems of virtue ethics posited by the two traditions are similar in that they are both teleological as the virtues they recognize are related to human nature in the context of certain metaphysical assumption and they both exhibit the characteristic tendencies of seeking to realize the highest human good. Therefore, in the Aristotelian context, virtues can be defined as "characteristics needed for the realization of eudaimonia," and for Daesoon Thought, virtues are "characteristics needed for the realization of the Resolution of Grievances for Mutual Beneficence." The representative virtues examined in this comparative study will be the Aristotelian Golden Mean, and the the concepts of guarding against self-deception and great benevolence and great justice in Daesoon Thought. In comparison to Aristotelian virtues, these differ in three main ways. First, Aristotelian virtue is not an innate aspect of character the way it is assumed to be in Daesoon Thought wherein the original human heart bestowed by Heaven is already virtuous. Second, mental virtue in the Aristotelian context centers the mind upon reason whereas in Daesoon Thought, the heart-mind exhibits both reason and emotional concern for others. Third, eudaimonia is a concept limited to humans and their societies whereas the Resolution of Grievances for Mutual Beneficence is a good that includes all beings including divine beings, animals, plants, and Heaven and Earth. Despite the differences, both require practical reason, continuous education, and effort to succeed in the cultivation of virtues and the proper implementation of virtuous living.

• Journal of the Daesoon Academy of Sciences
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• v.27
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• pp.283-317
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• 2016

This research is an attempt to detail the multi-layered ethical characteristics of 'mutual beneficence', shown in the principle of 'guarding against self-deception' in Daesoon Thought while focusing on its major differences as well as the similarities with Kantian and Utilitarian ethical views. In these Western ethical perspectives, the concept of self-deception has received a considerable amount of attention, centering on the context of natural rights and contract theory. Meanwhile, in Daesoon Thought, 'guarding against self-deception' is presented as one of the principal objectives as well as the method or deontological ground for practice. It further encompasses the features of virtue ethics oriented toward the perfection of Dao. Here, the deontological aspect is interlinked with the concept of cultivation and the pursuit of ethics and morals. Hence this makes it a necessary condition for achieving the perfection of Dao, and likewise renders the practice of 'guarding against self-deception' more active through facilitating mutual relations based on the expansion model wherein human nature is characterized as possessing innate goodness. With regard to the tenet of 'resolution of grievances for mutual beneficence,' this concept is presented as a positive ground for practicing virtues toward others without forming grudges. Furthermore, as long as it reveals the great principle of humanity built on conscience, it will come to harmonize practitioners with others and spirits in an expression of beneficence. Moreover, originating in the Dao of Deities, guarding against self-deception is expressed as a form of life ethics and can be suggested as a new alternative for the model of virtue ethics proposed by Nussbaum. All in all, there is a natural causal relationship by which 'guarding against self-deception' in accord one's own conscience and the principle of humanity as a pursuit of perfect virtues in Dao result in the fulfillment of mutual beneficence. This readily akin to how gravity causes water to flow from high ground to low ground. Consequently, these relational features of mutual beneficence can serve an effective alternative to the Western ethical views which also address the need to overcome the egoistic mind which is liable to self-interest and alienation.

• The Journal of Korean Philosophical History
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• no.23
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• pp.99-128
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• 2008

This research analyzes some Korean historical figures and presents the core values of their leaderships so that we can bring up the theory of leadership which would be compatible with the current circumstances around Korea. Through this work, we expected that we would not only find out typical examples among historical leaders but also reaffirm our identities in our history. As a result of the research, it was possible to classify some figures in history into several patterns and discover their archetypal qualities. Those qualities were 'transform(實事)', 'challenge(決死)', 'energize(風流)', 'create(創案)', and 'envision(開新)' respectively. Among the qualities, this research concentrated on the quality of 'challenge', exclusively 'death-defying spirit'. This spirit is the one with which historical leaders could sacrifice their lives for their great causes. This research selected twelve figures as incarnations of death-defying spirit, who are Gyebaek(階伯), Ganggamchan(姜邯贊), Euljimundeok(乙支文德), Choeyoung(崔瑩),ChungMongju(鄭夢周), Seongsammun (成三問), Yisunsin(李舜臣), Gwakjaewoo(郭再祐), Choeikhyeon(崔益鉉), Anjunggeun(安重根), Yunbonggil(尹奉吉), Yijun(李儁). Through analyzing their core values and abilities and categorizing some historical cases into four spheres such as a private sphere, relations sphere, a community sphere, and a society sphere, we came to find a certain element in common among those figures. It was that they eventually took the lead by showing the goal and the ideal to their people at all times. Moreover, their goals were always not only obvious but also unwavering. In the second chapter, I described the core value in a private sphere, so called '志靑靑'. It implies that a leader should set his ultimate goal and then try to attain it with an unyielding will. Obvious self-confidence and unfailing self-creed are core values in a private sphere. In the third chapter, I described the core value in a relative sphere, the relationship between one and others. It is '守信結義'. It indicates that a leader should win confidence from others by discharging his duties in the relation with others. Confidence is the highest leveled affection to others. Thus, mutual reliance should be based on truthful sincerity and affection toward others. Stubbornness and strictness are needed not to be prompted by pity simultaneously. In the fourth chapter, I described the core value in a community sphere. It is '丹心合力'. For this value, what are required to a leader are both his community spirit and his loyalty to one's community. Moreover, the strong sense of responsibility and the attitude of taking an initiative among others are also required. Thus, it can be said that the great power to conduct the community is so called fine teamwork. What's more, the attitude of the leader can exert a great influence on his community. In the fifth chapter, I described the core value of death defying spirit in the society sphere. This value might be more definite and explicit than other ones described above. A leader should prepare willingly for one's death to fulfill his great duties. 'What to do' is more important for a leader than 'how to do'. That is to say, a leader should always do righteous things. Efficiency is nothing but one of his interests. A leader must be the one who behaves himself always according to righteousness. Unless a leader's behaviors are based on righteousness, it is absolutely impossible that a leader exerts his leadership toward people very efficiently. Thus, it can be said that a true leader is the one not only who is of morality and but also who tries to fulfill his duties.

• (The)Study of the Eastern Classic
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• no.49
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• pp.39-71
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• 2012

This paper examines Jang Hyeongwang's cultural awareness and the way of practice by focusing on his spirit of humanities in relation to the understanding of territory and bibliographic materials. In fact, this starts from conflicting evaluations on Jang Hyeongwang's way of learning in the field of Korean history. Jang Hyeongwang emphasizes realization of humanity, which is considered as basic framework of culture. He claims the indivisibility of Dao(道) and culture(mun文) by arguing that almighty principle of Dao manifests itself through phenomena of culture. In other words, Dao is the root of culture and, at the same time, culture is the necessary element of making Dao valuable. Furthermore, he insists that realization of human culture is the gist of manifesting the pattern of nature. In this vein, the roles of human beings are so important in creating humanistic civilization. He considers all kinds of human affairs as the contents of humanistic culture, which are contained in six classics. Especially, He says that the moral is reality of human culture and that literature is a literal expression of humanistic spirit. Thus, he criticizes that there are literatures without moral practices. He pays a special attention to his indigenous culture. He links the cultural understanding of geography, which is the foundation of realizing humanistic spirit, to awareness of Korean territory and grasps the territory in the light of topography of geographic power. Thus, he defines it as "Central Field" which bears comparison with China (middle kingdom). With the positive understanding of his country, he insisted that Korean indigenous culture and custom are as much advanced as China and was so proud of the moral characters and norms that Korean people had formed so far. Moreover, Jang truly exhibited affection to Korean literature, which had formed through Korean history. Kim Hyu, one of his students, activates Jang's will to preservation of Korean culture. Over twenty years, Kim completed Collected Record of Korean Literatures(haedong munhon ch'ongnok 海東文獻總錄). Actually, he started the preparatory works for compiling them. We should keep in mind that this compilation was completed following Japanese Invasion of Korea in 1592. It means that he has cultural awareness of preserving Korean literal heritages. Hence, it can be evaluated as the results of the enhancement of national studies. We have seen that He truly highlights realization of humanistic spirit by insisting the practices of moral values. In fact, his mind is linked to genuine affection to Korean territory, culture and literatures. Such affection can be paraphrased as moral awareness of humanity and its practices. In conclusion, his humanistic spirit should be understood as strong belief on universality of human morality. His cultural awareness of homeland and the will to practices should be considered as cultural pride of Korean intellectual traditions rather than following Chinese culture blindly.

• Korean Journal of Communication Studies
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• v.22 no.2
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• pp.89-121
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• 2014

In order to suggest a strategy for continuous growth of webtoon, this article examined webtoon usage motivation and tried to make a prediction about culture content products and services connected with webtoon, including intention for viewing movies, based on webtoon; intention for switching to paid webtoon content, and intention for buying webtoon character products. From the point of view of Uses and Gratification Theory intentions for using webtoon and human sociocultural behavior intention are already predicted but with the usefulness of Theory of Planned Behavior Integrated Model this study extended the explanation power of prediction about webtoon related behavioral intention. Results found 5 motivational factors for webtoon usage i.e. 'seeking information', 'entertainment and access availability', 'webtoon genre characteristics', 'influence from a friend or acquaintance', and 'escapism and tension release'. Among them the ones that influenced the intention for viewing movies, based on webtoon, were found to be 'webtoon genre characteristics', 'escapism and tension release' and the 3 variables from Theory of Planned Behavior. 'Seeking information', 'entertainment and access availability', 'webtoon genre characteristics', and all the 3 variables from Theory of Planned Behavior were found to influence the intention for switching to paid webtoon content. The intention for buying webtoon based character products was affected by the motivational factors 'seeking information', 'escapism and tension release' and the behavior and subjective norms variables from Theory of Planned Behavior. Based on the uncommon results from the research several suggestions were made for the continuous growth of webtoon.

• Sijohaknonchong
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• v.22
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• pp.195-223
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• 2005

The Younsijo is a stream of Korean poem. not simply an aggregate of stanzas, but an organic structure. Younsijo was an appeared in the 16th century. The 16th century was focused on the literature of Sadaebu (noble family, 사대부). And the make an appearance is Danhyungsijo (simply-sijo, 단형시조), Yonsijo and Kasa(가사). In that case, a social stratum is why does singing each other form. The 16th century set metaphysics(성리학) as the national ideology. Metaphysics became most prevalent at the end of the 16th century. Yonsijo also appreared during the 16th century and was closeiy related to the idea of metaphysics. Both Younsijo and metaphysics were formulated by noble family, The Yonsijo was Formed in 16th century. And the 17th century was succession. The Yonsijo in 16th century is devide to Kanghosijo (강호시조) and Hunminsijo (훈민시조). Also, Kanghosijo is devide to Youkgaline Younsijo (육가계 연시조) and Sasigaline Yonsijo (사시가계 연시조). Hunminsijo used an expressive on the order of Oryoun(오륜). Therefore, this study is forced on , , and . These things, all of the end of the utility. This paper deals with Danhyungsijo and Kasa with main emphasis on works of Songgang(송강) Jungcheol(정철). The reason for dealing one writer's works is the discussion needs consistent standard. In analyzing Songgang's Danhyungsijo, Younsijoand and Kasa, one would discern the differences among three. As a result, one could conclude that both Danhyungsijo and Kasa mainly projects individual's emotional esthetic feeling, particularly, Danhyungsijo for emotional implication, and for in-depth emotional revealing. Younsijo were chosen as it supplements the shortcoming of Sijo(as it consists of three-line only) to effectively contain the ideas of metaphysics.