• 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.

• 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.

• Journal of Korean Home Economics Education Association
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• v.24 no.2
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• pp.117-134
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• 2012

The purpose of this study was to identify the stage of concern, the level of use, and the innovation configuration of Home Economics teachers regarding creativity and personality education in Home Economics(HE) classes. The survey questionnaires were sent through mails and e-mails to middle-school HE teachers in the whole country selected by systematic sampling and convenience sampling. Questionnaires of the stages of concern and the levels of use developed by Hall(1987) were used in this study. 187 data were used for the final analysis by using SPSS/window(12.0) program. The results of the study were as following: First, for the stage of concerns of HE teachers on creativity and personality education, the information stage of concerns(85.51) was the one with the highest response rate and the next high in the following order: the management stage of concerns(81.88), the awareness stage of concerns(82.15), the refocusing stage of concerns(68.80), the collaboration stage of concerns(61.97), and the consequence stage of concerns(59.76). Second, the levels of use of HE teachers on creativity and personality education was highest with the mechanical levels(level 3; 21.4%) and the next high in the following order: the orientation levels of use(level 1; 20.9%), the refinement levels(level 5; 17.1%), the non-use levels(level 0; 15.0%), the preparation levels(level 2; 10.2%), the integration levels(level 6; 5.9%), the renewal levels(level 7; 4.8%), the routine levels(level 4; 4.8%). Third, for the innovation configuration of HE teachers on creativity and personality education, more than half of the HE teachers(56.1%) mainly focused on personality education in their HE classes; 31.0% of the HE teachers performed both creativity and personality education; a small number of teachers(6.4%) focused on creativity education; the same number of teachers(6.4%) responded that they do not focus on neither of the two. Examining the level and type of performance HE teachers applied, the average score on the performance of creativity and personality education was 3.76 out of 5.00 and the mean of creativity component was 3.59 and of personality component was 3.94, higher than standard. For the creativity education, openness/sensitivity(3.97) education was performed most and the next most in the following order: problem-solving skill(3.79), curiosity/interest(3.73), critical thinking(3.63), problem-finding skill(3.61), originality(3.57), analogy(3.47), fluency/adaptability(3.46), precision(3.46), imagination(3.37), and focus/sympathy(3.37). For the personality education, the following components were performed in order from most to least: power of execution(4.07), cooperation/consideration/just(4.06), self-management skill(4.04), civic consciousness(4.04), career development ability(4.03), environment adaptability(3.95), responsibility/ownership(3.94), decision making(3.89), trust/honesty/promise(3.88), autonomy(3.86), and global competency(3.55). Regarding what makes performing creativity and personality education difficult, most HE teachers(64.71%) chose the lack of instructional materials and 40.11% of participants chose the lack of seminar and workshop opportunity. 38.5% chose the difficulty of developing an evaluation criteria or an evaluation tool while 25.67% responded that they do not know any means of performing creativity and personality education. Regarding the better way to support for creativity and personality education, the HE teachers chose in order from most to least: 'expansion of hands-on activities for students related to education on creativity and personality'(4.34), 'development of HE classroom culture putting emphasis on creativity and personality'(4.29), 'a proper curriculum on creativity and personality education that goes along with students' developmental stages'(4.27), 'securing enough human resource and number of professors who will conduct creativity and personality education'(4.21), 'establishment of the concept and value of the education on creativity and personality'(4.09), and 'educational promotion on creativity and personality education supported by local communities and companies'(3.94).

• (The) Research of the performance art and culture
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• no.43
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• pp.5-46
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• 2021

The film Moranbong is the product of a trip to North Korea in 1958, when Armangati, Chris Marker, Claude Lantzmann, Francis Lemarck and Jean-Claude Bonardo left at the invitation of Joseon Film. However, for political reasons, the film was not immediately released, and it was not until 2010 that it was rediscovered and received attention. The movie consists of the narratives of Young-ran and Dong-il, set in the Korean War, that are folded into the narratives of Chunhyang and Mongryong in the classic Chunhyangjeon of Joseon. At this time, Joseon's classics are reproduced in the form of the drama Chunhyangjeon, which shares the time zone with the two main characters, and the two narratives are covered in a total of six scenes. There are two layers of middle-story frames in the movie, and if the same narrative is set in North Korea in the 1950s, there is an epic produced by the producers and actors of the Changgeuk Chunhyangjeon and the Changgeuk Chunhyangjeon as a complete work. In the outermost frame of the movie, Dong-il is the main character, but in the inner double frame, Young-ran, who is an actor growing up with the Changgeuk Chunhyangjeon and a character in the Changgeuk Chunhyangjeon, is the center. The following three OST albums are Corée Moranbong released in France in 1960, Musique de corée released in 1970, and 朝鮮の伝統音樂-唱劇 「春香伝」と伝統樂器- released in 1968 in Japan. While Corée Moranbong consists only of the music from the film Moranbong, the two subsequent albums included additional songs collected and recorded by Pyongyang National Broadcasting System. However, there is no information about the movie Moranbong on the album released in Japan. Under the circumstances, it is highly likely that the author of the record label or music commentary has not confirmed the existence of the movie Moranbong, and may have intentionally excluded related contents due to the background of the film's ban on its release. The results of analyzing the detailed scenes of the Changgeuk Chunhyangjeon, Farewell Song, Sipjang-ga, Chundangsigwa, Bakseokti and Prison Song in the movie Moranbong or OST album in the 1950s are as follows. First, the process of establishing the North Korean Changgeuk Chunhyangjeon in the 1950s was confirmed. The play, compiled in 1955 through the Joseon Changgeuk Collection, was settled in the form of a Changgeuk that can be performed in the late 1950s by the Changgeuk Chunhyangjeon between 1956 and 1958. Since the 1960s, Chunhyangjeon has no longer been performed as a traditional pansori-style Changgeuk, so the film Moranbong and the album Corée moranbong are almost the last records to capture the Changgeuk Chunhyangjeon and its music. Second, we confirmed the responses of the actors to the controversy over Takseong in the North Korean creative world in the 1950s. Until 1959, there was a voice of criticism surrounding Takseong and a voice of advocacy that it was also a national characteristic. Shin Woo-sun, who almost eliminated Takseong with clear and high-pitched phrases, air man who changed according to the situation, who chose Takseong but did not actively remove Takseong, Lim So-hyang, who tried to maintain his own tone while accepting some of modern vocalization. Although Cho Sang-sun and Lim So-hyang were also guaranteed roles to continue their voices, the selection/exclusion patterns in the movie Moranbong were linked to the Takseong removal guidelines required by North Korean musicians in the name of Dang and People in the 1950s. Second, Changgeuk actors' response to the controversy over the turbidity of the North Korean Changgeuk community in the 1950s was confirmed. Until 1959, there were voices of criticism and support surrounding Taksung in North Korea. Shin Woo-sun, who showed consistent performance in removing turbidity with clear, high-pitched vocal sounds, Gong Gi-nam, who did not actively remove turbidity depending on the situation, Cho Sang-sun, who accepted some of the vocalization required by the party, while maintaining his original tone. On the other hand, Cho Sang-seon and Lim So-hyang were guaranteed roles to continue their sounds, but the selection/exclusion patterns of Moranbong was independently linked to the guidelines for removing turbidity that the Gugak musicians who crossed to North Korea had been asked for.