• The Korean Society of Law and Medicine
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• v.22 no.3
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• pp.3-30
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• 2021

Reasons for disqualification to restrict a medical person's license should be considered in functional and moral terms. In this sense, the grounds for disqualification of medical personnel should be expanded to include all crimes that have been declared to be "imprisonment without labor or greater punishment" by a court. Because a sentence of "imprisonment without labor or greater punishment" means that it is highly reprehensible and undermines the trust of the state as well as the trust in medical personnel. Therefore, the expansion of the scope of license restrictions for medical personnel cannot be regarded as a violation of "the Less Restrictive Alternative" rule. However, it is necessary to reflect the specificity of medical services in the license restrictions of medical personnel. This is because not all diseases can be treated with current medical services. In addition, unpredictable situations can occur at any time during medical practice. Consequently, the negligence that occurs during medical practice should be carefully examined from a functional perspective of the medical personnel. And it should be treated differently from ordinary crimes. To this end, an independent license review organization should be established to establish expertise in license management.

• The Korean Society of Law and Medicine
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• v.22 no.1
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• pp.27-55
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• 2021

Bisher wurde kein Beruf zwischen Recht und Berufsethik so diskutiert wie Ärzte. Diskussionen über die Qualifikation(od. Approbation) von Ärzten sind nicht nur eine Frage Koreas, sondern in den meisten zivilisierten Ländern ein wichtiges Diskussionsthema, wenn ein Arzt insbesondere für eine Straftat bestraft wird. Vor kurzem hat sich die koreanische Ärztekammer (the Korean Medical Association) weitgehend gegen das, "Entwurf eines Gesetzes zur Reform des Medizingesetzes" stark ausgesprochen, das die Grunde für den Entzug einer Approbation für ein Verbrechen eines Arztes erweitert. Vor allem wird auf die Gefahr hingewiesen, eine Approbation für Straftaten zu entziehen, die nicht mit beruflichen Pflichten zusammenhängen. Es ist jedoch vernünftig, den Beruf bzw. das Gewerbe zu verbieten, wenn ein Fachmann unter Missbrauch seines Beruf oder grober Pflichtverletzung die Tat begangen hat und die Gefahr bestehet, dass er bei weiterer Ausübung seines Berufs erhebliche rechtswidrige Taten der bezeichneten Art begangen wird. Die Untersagung der Berufsausübung soll die Allgemeinheit gegen die spezifischen Gefahren schützen, die mit der Ausübung eines Berufs oder Gewebes verbunden sind. Da das Berufsverbot nur die Berufsausübung untersagt, die Approbation selbst aber bestehen lässt, kann die Approbationsbehörde in eigener Entscheidungskompetenz die Approbation zurücknehmen, wiederrufen, oder in Ruhen anordnen. Entsprechend dem Verhätnismäßigkeitsgrundsatz ist aber auch das Berufsverbot auf bestimmte Tätigkeiten im Bereich des Berufs zu beschränken, wenn dies zur Erreichung des Maßregelzwecks, dem schutz der Allgemeinheit, ausreichend ist. In diesem Beitrag wurden die Voraussetzunen des Berufsverbots und die tatsächlich an Ärzte bzw. medizinische Personal gerichteten Fälle untersucht.

• Journal of the Daesoon Academy of Sciences
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• v.25_2
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• pp.1-43
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• 2015

Daesoonjinrihoe perceives that human suffering is caused not only by mental factors but also by the cosmic principle of Mutual Overcoming more fundamentally. The relationship influenced among all things in the universe is Mutual Beneficence and Mutual Overcoming. If these relations are properly cooperated in harmony, all things will reveal their energetic existence in a balanced state, however, if one side, particularly, Mutual Overcoming becomes excessive, indeed, it will cause trouble. That is, the sentient beings that are inclined to excessive Mutual Overcoming rather than indispensable Mutual Overcoming make grievances among themselves and cumulate them. In the end, heaven and earth lose its constant Way[常道], leading the sentient beings to all kinds of agonies. However, it may be a problem if every agony is depicted with Mutual Overcoming, that is, one single fixed frame, because Mutual Overcoming has to be interpreted diversely according to the circumstances. Thus, it is not possible to explain precisely about the agony if not understanding its spectrum. This study analyzed the ways how Daesoonjinrihoe explains the aspects of reasons and solutions to a variety of agonies. In the Supreme Scripture of Daesoonjinrihoe, the reasons for agony vary: first, it is caused by Mutual Overcoming of the cosmos itself, which is irrelevant to human beings. Secondly, man can be victimized because of Mutual Overcoming caused by man. Thirdly, there is a case of a victim who is damaged due to Mutual Overcoming caused by the other. Fourthly, man can be victimized because of Mutual Overcoming caused by someone else's unintended deeds. Fifthly, there is a case of man having agony in return when he, as a perpetrator, hurt others or resolve his inappropriate desires. Sixthly, man's deed unintendedly became a sin and have agony in return. Seventhly, man can be a self-perpetrator, conceiving vain desire, obsession and grievance. Eightly, there is a case of man having agony during enforcement of the law or practice of justice. Ninthly, man needs to endure agony during self-cultivation, enacting Reordering of the Universe(天地公事), ritual practice, promotion of fortune, and test. However, it is important to make sure that the reason for agony can interact with not only one but also diverse models in real situation. These nine models are included in the category of Mutual Overcoming; but, these cannot be classified in a single term, Mutual Overcoming because much information will be hidden, only to make it difficult to explain about agony more precisely. There are some characteristic observed in the concept of agony in Daesoonjinrihoe as follows: first, reasons for agony are caused by Mutual Overcoming although Mutual Overcoming can be interpreted differently according to the circumstances. Secondly, Daesoonjinrihoe makes a positive valuation for some agony. Thirdly, the solution to overcome a agony is brought to a conclusion, that is cultivation practice of Daesoonjinrihoe. Fourthly, the experience of agony and solution in Daesoonjinrihoe sometimes lie in the unit of family beyond individual. Fifthly, in the painful situation resulted from vain desire and obsession, Daesoonjinrihoe suggests a solution called Mutual Beneficence. That is, it emphasizes not only self-control but also active practice of considering others.

• Journal of Korean Philosophical Society
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• v.148
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• pp.1-27
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• 2018

The 10th constitution established in 1987 serves as the theoretical foundation of democracy in South Korea in the 21st century. Respect for human rights, resistance to injustice, and equality consciousness inherent in this constitution do not conflict with the content of Confucian philosophy. This means that the spirit of the constitution of South Korea in the 21st century was formed under the influence of the idea of democracy and Confucian philosophy. However, the 10th constitution attaches importance to the idea of the 'Basic free and democratic order', which was accepted in the Yushin constitution and inherited by the military forces. The Yushin constitution was affected by liberalism that prioritizes freedom over equality rather than supporting the compatibility between freedom and equality. Therefore, policies to expand the interests of the bourgeoisie rather than public welfare or the interests of the public have been implemented frequently. In particular, during the Lee Myeong-bak and Park Geun-hye regimes, many unequal phenomena were mass-produced. Confucian philosophy in the 21st century critically sees this unequal society. Confucian philosophy thinks that a sense of relative deprivation plays a role of alienating humans and emphasizes the importance of equal relationships. In addition, this constitution emphasizes the rule of law. However, the rule of law attaches importance to positive laws when the spirit of the constitution that contains natural law is applied to reality through systems. This rejects autonomous judgments and choices while inducing reliance on heteronomy. These heteronomous laws as such are accompanied by forcibleness. The positive laws as such can degrade humans into passive beings that indiscriminately adapt themselves to frames already set instead of active beings that think freely and creatively. Confucian philosophy regards and criticizes the rule of law as a system that makes humans into a means. Confucian philosophy regards humans as moral beings instead of tools. Confucian philosophy seeks to build a healthy society through morality accomplished through conscious realization of the principles of life. Confucian philosophy regards humans as originally free beings. Therefore, human beings are autonomous beings, not heteronomous beings. According to Confucian philosophy, humans beings that can realize the morality contained in their inner side by themselves to responsibly carry out their own judgments and choices. Therefore, Confucian philosophy, which considers human beings as beings to be trusted instead of beings to be distrusted, attaches importance to the realization of human decency through edification rather than by punishment through the law. This means that human values cannot be kept by the heteronomy termed positive laws but the identity of humans can be maintained by voluntary choices and judgments. As such, the comment of Confucian philosophy on the problems of liberal democracy and positive laws contained in the 10th constitution can be helpful in essentially solving the contradictions of modern South Korean society.

• Journal of the Daesoon Academy of Sciences
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• v.31
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• pp.93-129
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• 2018

These days, the world finds itself in a time when 21st century human and societal practices can benefit from alternative viable models; as such models are desperately needed. Daesoon Jinrihoe seeks to show one model inspired by the historical kings, Yao and Shun. In Daesoon Jinrihoe, King Yao and King Shun (堯舜 yo sun) are recollected and projected into modern times. This paper is a study that examines what aspects of Daesoon Thought go into understanding Kings Yao and Shun and what insights their example can provide for modern people today. In Daesoon Thought, the 'Dao of Kings Yao and Shun' has appeared again because the 'Era of the Great Opening (開闢時代 gaebyeok shidae)' has arrived, and this era is characterized by 'Seeking Out the Beginning and Returning to the Original Root (原始返本 wonshi banbon).' This is not simply a return to ancient times. The seeds that fall on the ground grow up to overcome winds and rains, bring forth new fruits in the autumn, and their fruits contain the original seeds. The seeds are simultaneously the original seeds, but not the seeds themselves. Rather, they are complete bodies condensed and infused with abundant experience gained after multitudinous trials. In Daesoon Thought, Kings Yao and Shun are analyzed from the following four perspectives: first, as an ideal human image that combines the qualities of Sages and Heroes (聖雄 seong oong), second, as the historical background behind the truth of the 'Resolution of Grievances for Mutual Beneficence (解冤相生),' third, as an ancient model of the ideal world, and fourth, as Daesoon Jinrihoe's 'Mind Dharma (心法)' and also as the classical basis for the 'Cultivation of Dao (修道).' However, the meaning of Kings Yao and Shun in Daesoon Thought is not limited to traditional philosophical thought but also contains certain crucial differences. In Daesoon Thought, the qualities of sages and heroes are combined in a way that does not compromise or penalize, but in accordance with the rule of law and beyond, the ideal world is understood as a world in which there are no natural disasters and everyone enjoys beauty and splendor. Mind Dharma means the spiritual cultivation of the 'Dao of Mutual Beneficence' as presented by Sangje (上帝 the Supreme God) through sincerity, respectfulness, and faithfulness (誠敬信 seong, gyeong, shin). In addition, through the core truth of Daesoon Thought, the Resolution of Grievances for Mutual Beneficence, the resolution of the grudges associated with Kings Yao and Shun will likewise eliminate the root-grudge plaguing humanity and divine beings. In this paper, I intend to deepen my understanding of Daesoon Thought through a study on our theology's understanding of Kings Yao and Shun, and I also wish to redefine the value of Daesoon Thought through the symbolization and reinterpretation of ancient historical figures.

• Journal of the Daesoon Academy of Sciences
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• v.42
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• pp.45-73
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• 2022

The phenomenon of veneration for Queen Mother of the West [西王母 Chn: Xiwangmu Kr: Seowangmo] is a 'cultural flow' that has garnered great interest not only in China but also in Korea for many years. To properly understand the cultural trend regarding the Queen Mother of the West, it is essential to view the related mythology as it corresponds to East Asian women as well as the transformation of society's view of women. In addition to the outcomes that result from the establishment of a patriarchal society, the relationship between goddesses and gods gradually becomes a relationship of discrimination based upon differences. Accordingly, as women change into objects that are given meaning rather than subjects that give meaning, the de-sacredization of the goddess occurs. This paper focused on the changes in the perception of the Queen Mother of the West from the view of Yin-Yang theory. This approach shows a transition process of transforming wherein she has morphed into an assistant or spouse of a god as part of a trend that deemphasizes the divinity of her as a stand-alone goddess. Yin-Yang theory is the key to understanding culture, history, and art as well as Chinese philosophy. This key can be further applied to the theme of women in mythology. What is particularly noteworthy about the process by which the Queen Mother of the West was defined as a goddess is that she was original described as half-human and half-beast and yet by the time her depictions became fully human and fully woman, she was described instead as an absolute beauty endowed with great artistic talent. In this paper, it will be revealed that the perception of the Queen Mother of the West, as an absolute beauty and artistic talent, is embedded with the male societal desire for an image of the feminine as understood via Yin-Yang theory. Queen Mother of the West as she was depicted in the Classic of Mountains and Seas (山海經 Chn: Shanhaijing Kr: Sanhaegyeong) had a half-human half-beast form that instilled people with fear of disasters and punishments from heaven. However, in the Han Dynasty, her religious significance became that of an object to ward off evil and attain blessings. By the time of the novel, Tales of the Strange (志怪小說 Chn: Zhiguaixiaoshuo Kr: Jigoesoseol), from the Wei, Jin, Southern and Northern Dynasties, she was transformed into a goddess in the image of beautiful woman in charge longevity and immortality. From the perspective of Yin-Yang theory, the changes in the perception of Queen Mother of the West was found to contain the following meaning: as an extension of the establishment of a patriarchal system and subordinate laws, her new form was made to be pleasing to the male gaze and Yin-Yang theory was brought in to support those changes later.