• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.83-139
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• 2019

Recognition of liability for damages due to medical malpractice has been developed largely on the basis of two paths. First is the case where there is an error in a physician's medical practice and this infringes upon the legal interests of life and body, and the compensation for monetary and non-monetary damages incurred from such infringement on life and body becomes an issue. Second is the case where there is a breach of a physician's duty of explanation that results in a infringement on the patient's right of autonomous decision, and the compensation for non-monetary damages incurred from such infringement becomes an issue. However, even if there is a medical error, since it is difficult to prove the causation between the medical error of a physician and the infringement upon legal interests, the physician's responsibility for damage compensation is denied in some cases. Consider, for example, a case where a patient is already in the final stage of cancer and has a very low possibility of a complete recovery even if proper treatment is received from the physician. Here, it is not appropriate to refuse recognition of any damage compensation based on the reason that the possibility of the patient dying is very high even in the absence of a medical error. This is so because, at minimum, non-monetary damage such as psychological suffering is incurred due to the physician's medical error. In such a case, our courts recognize on an exceptional basis consolation money compensation for losing the chance to receive proper treatment. However, since the theoretical system has not been established in minutiae, what comes under the benefit and protection of the law is not clearly explicated. The recent discourse on compensating for damages incurred by patients, even when the causation between the physician's medical error and infringement upon the legal interests of life and body is denied, by establishing a new legal interest is based on the "legal principle of loss of opportunity for treatment." On what should be the substance of the new legal interest, treatment possibility argument, expectation infringement argument, considerable degree of survival possibility infringement argument and loss of opportunity for treatment argument are being put forth. It is reasonable to see the substance of this protected legal interest as "the benefit of receiving treatment appropriate to the medical standard" according to the loss of opportunity for treatment argument. The above benefit to the patient is a value inherent to human dignity that should not be infringed upon or obstructed by anyone, and at the same time, it is a basic desire regarding life and a benefit worthy of protection by law. In this regard, "the benefit of receiving treatment appropriate to the medical standard" can be made concrete as one of the general personal rights related to psychological legal interest.

• Journal of Legislation Research
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• no.44
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• pp.211-239
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• 2013

In 2012, the Korean government has hosted the AFoCO Secretariat in Seoul. The AFoCO Secretariat is established by Agreement between the Governments of the Member States of the Association of Southeast Asian Nations and the Republic of Korea on Forest Cooperation (AFoCO Agreement) which is initiated by the Korea. The Korea government, however, does not have any laws and regulations to regulate the matter of legal status and legal personality of nationally hosted international organizations including the AFoCO Secretariat. Therefore, the legal status and legal personality of AFoCO Secretariat in international and domestic arena are still not clear. To articulate such issues and to propose some answers, this article analyzes the international and domestic legal theory and practice about the status and legal personality of public international organizations. As a result, it is common in the literature to delimit international organizations by some standards. One characteristic is that international organizations are usually created between states. A second characteristic is that they are established by means of a treaty. And as a third characteristic, international organizations must possess at least one organ which has a will distinct from the will of its members. According to those criteria, the AFoCO Secretariat can be categorized as a public international organization. It means that the AFoCO enjoys certain privileges and immunities as a public international organization and must confer legal capacity in Korea even there is no domestic laws and regulations conferred the status and legal personality to it. It, however, will be a better way to confer domestic legal personality on the AFoCO Secretariat through a domestic act like an "Act on the Assistance of International Organization Attraction". This act will stipulate the legal status of international organization in Korea including the privileges and immunities as well as the matter of assistance of hosting international organizations.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.18 no.11
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• pp.197-207
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• 2017

This study was conducted to evaluate changes in self-awareness in response to dating members of the opposite sex among college students. The point of view of college students who have experienced the dating, it has put the purpose of clarifying the nature of the change in the strength and self-awareness. To accomplish this, interviews of 18 people who met the study criteria were conducted. This study was a qualitative investigation. Respondents were placed in one of five categories: 'change in perception of role', 'understanding of communication skills', 'strengthened coping ability', 'behavioral change in emotion regulation', or 'awareness of self-maturity'. Changes in perceptions experienced by college students through dating were shown to improve the quality of college students' future life and applied in the strength to adapt to social life. Therefore, the significance of this study was discovered a positive outcome in the individuals' life, trying to present the grounds that to strengthen the various regions.

• The Journal of the Korea Contents Association
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• v.16 no.1
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• pp.370-381
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• 2016

This study was designed to examine the Trends and Characteristics of Infringement of right to likeness by the Press in Korea. We did an analysis of 81 cases of the court's rulings related to Infringement of right to likeness by the Press from 1990 to 2014. As a result, it shows that the first court's ruling of portrait rights violations by the press was made in 1990. The results showed that there were the increasing number of disputing cases over Infringement of right to likeness against Broadcasting media in the 2000s compared to monthly magazines in the 1990s, which were regarded as gonzo journalism. Since the 2000s, 71% of lawsuits regarding Infringement of right to likeness has been against the Broadcasting Media due to increasing the influence of the broadcasting and possibility of Infringement of right to likeness by visual images. Especially, the number of lawsuits on infringement of rights to likeness has increased rapidly by the Broadcasting Media. Only 23 cases(28.4%) of total 81 cases were decided in favor of the press. the press shows the low success in disputing the rights of likeness. this study shows the korean courts put more weight on the right to likeness and the breaking a balance between freedom of the press and right of person's character. However, 52.9% of the cases was decided in favor of The press against the plaintiff of public figures compared to 22% against the public. It can be difficult for public figures to win lawsuit against the press causing the Infringement of right to likeness. Judging from this fact, it seemed that the court recognized media watchdog for public figures.

• Journal of Service Research and Studies
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• v.9 no.2
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• pp.77-88
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• 2019

Appropriation means the process of transforming resources to property. John Locke earlier investigated the appropriation process of natural resources into the land property, which grounded the jurisprudential base of the private ownership of the land. In the same way human resources are transformed into the human assets. Appropriation process, very rarely studied so far, in this case of human property is the focus of this paper. The appropriation of intangible property is by far easier than the appropriation of tangible property. Learning is a process of embodiment, which naturally mean the process of appropriation. For the material resources which exist out of human body, appropriation necessary need special philosophical and institutional justification. In the process appropriation for intangibles, investigator found, appropriator and learner either can be same, or can be differentiated. In the former case substantial human assets are created while in the latter relational human assets are built. After the discussion of appropriation process, Investigator proceeds to the problem of visualizing the invisibles. Evaluation and assessment issue were discussed in this perspective. Qualification system is particularly noted as a system to regulate substantial human assets including their issuing and registration. The work done in this paper would contribute in understanding the law of education and the law of qualification.

• Journal of Korean Philosophical Society
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• v.139
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• pp.265-313
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• 2016

This research aims to reconstruct the philosophical content and essence of Schopenhauer's metaphysics of music in his book, Die Welt als Wille und Vorstellung, particularly in paragraph 52, and to pay close attention to its theoretical account of music in the context of traditional musical aesthetics. The question whether Schopenhauer's theory of music is about aesthetics of feeling or about absolute music is dealt with at the end of this paper. It can be answered only within the whole system of his philosophy, because Schopenhauer's theory of music is the result of his philosophical reflections, and plays an important part in his metaphysics of the will. Schopenhauer's music theory, or rather his metaphysics of music, thus cannot be treated separately from Schopenhauer's metaphysics of the will, and is connected organically with it. As the metaphysics of the will lies in suspense between the traditional metaphysical philosophy and the non-metaphysical philosophy after Nietzsche, between the idealism and the philosophy of the body, the music aesthetics of Schopenhauer oscillates between the (romantic) aesthetics of feeling and the modern idea of absolute music.

• (The)Study of the Eastern Classic
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• no.70
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• pp.9-31
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• 2018

Houshan's Comments on Poets and Poetry by Chen Shidao, one of the most famous comments on poets and poetry in the Northern Song Dynasty, is regarded as the early masterpiece of the literary critic genre called comments on poets an poetry. In particular, the theory on poetry of Houshan's Comments on Poets and Poetry reflected the overall literature fashion of the Song Dynasty, and captured the typical arguments of poetics in the Song Dynasty. The poet's character-building and accumulation of knowledge, the study of Du Fu and other poets and a quest for "No Trace" reveal the practice and aesthetics of the poets in the Northern Song Dynasty. So far, Chen Shidao has been known as a formalist poet, and he has actually focused on learning the rules of verse and learning classical poetry. But the final goal of his theory on poetry was a free creation, not the strict rules. He just thought that he could get the freedom of creation by constantly learning rules and building a poem. Therefore, his comments in Houshan's Comments on Poets and Poetry can not be regarded as simply formalist views. Because he wanted to achieve his ideal freedom of creation with elaborate formats and content.

• Sim-seong Yeon-gu
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• v.29 no.2
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• pp.127-156
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• 2014

This thesis is an psychological study investigating the meanings of skin from the perspective of analytical psychology. Skin, as the outermost layer of our body, protects the body and carries out essential physiologic functions. It is an organ of the body and also psychological contents can be expressed on it in various forms. We can find sociocultural connotations of skin, some of which are demonstrated in our language. Skin may become a carrier of persona which defines a person's role in the society. And it can be a place where ego is expressed. Eros is the principle of relationship by Jung's definition and skin is the space where eros is realized intensely. Skin may carry meanings as a symbol of transformation. Skin disease can be interpreted as a message from Self in certain cases. The theme of casting off skin in myths and dreams can be an analogy of an individual's sacrifice for individuation, and putting on a skin may imply taking special properties in psychological level.

• Archives of design research
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• v.18 no.1 s.59
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• pp.91-104
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• 2005

In the past, the design education focused on the technique and skill to satisfy the production and consumption activities of a corporation based on beauty and practicality in the industrial age. Now, it's time to switchover to a life-quality enhancing education by harmonizing and meeting the public's physical and mental needs because design education is a character education which enhances the quality of life by uplifting people's aesthetic sense. This paper has emphasized on the importance of public education of design through the theoretical investigation on social environmental changes caused by the emergence of information society,,education problems, public education, and the necessity of design education. The reason why this study should be done has been suggested by investigating the necessity of this research and bringing up the issue. Furthermore, the current status and problems of public education on design have been analyzed. Then, based on the result, the development direction of design education has been suggested. This study can be concluded as follows: First, the design education should change from its vertical structure to a horizontal one. It should be widely spread to the public, getting off from its privatization for a certain group. Second, designers and the public should correct their way of thinking about design. The ordinary people as well as the designers should cultivate their capability to find and take care of design related issues in their everyday lives. Third, all people should be the subject of design education for the public. As a part of cultural education on the public's aesthetic sense, design education should be reborn as a field of study in which a sound public culture can be developed by the integration of human life and culture, exceeding the limit of school curriculum.

• Journal of Yeungnam Medical Science
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• v.16 no.2
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• pp.255-269
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• 1999

Background: The author investigated the structural theory of the mind, the origin of psychopathology, the resolving stage of the psychopathology, and nature of the true mind in the human mind. Methods: The author reviewed the "Awakening of Faith in the Mah$\bar{a}$y$\bar{a}$na" by Mamyung and "The Commentary on the Treatise of Awakening Mah$\bar{a}$y$\bar{a}$na Faith" and "Expository Notes on the Treatise of Awakening Mah$\bar{a}$y$\bar{a}$na Faith" by Wonhyo. Results: The author of the Treatise insisted on believing the true mind in the human being. Also in the treatise, $\bar{A}$layavijn$\bar{a}$na explained the harmonized mind of the true mind and the ignorant mind. The ignorant mind as the source of fundamental ignorance, which results in peripheral ignorance arising from the ego in relation with the external world Also, he explains the origin of ignorance and encourages to abandon the deep attachment to ignorance. The developing and resolving stages of ignorance are similar to the developing and resolving stage of psychopathology. Conclusion: The author insists on the psychiatric application of the mind theory in the "Awakening of Faith in the Mah$\bar{a}$y$\bar{a}$na", "The Commentary on the Treatise of Awakening Mah$\bar{a}$y$\bar{a}$na Faith", and "Expository Notes on the Treatise of Awakening Mah$\bar{a}$y$\bar{a}$na Faith" Also, the author encourages deep faith of the true human mind.