• The Korean Journal of Archival Studies
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• no.65
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• pp.365-396
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• 2020

I examined the archival basis of two historians who wrote history books with the same title of 'History'; Simaqian of ancient China and Herodotus of Halikarnassos. I examined a prejudice to these two history books, a misunderstanding of them as an imagination rather than a history. How can an imagination become a history? First, I explained the common characteristics found in their compilation and writing of 'History.' Simaqian and Herodotus did their field-works in historical sites, gathered oral-histories, and arranged archives they collected. These two historians heavily engaged in archival works in terms of verifying authenticity and reliability of their sources on the basis of historical empiricism. There are some misunderstanding on their archival endeavor and on the very nature of archives and historical studies as empirical studies. Furthermore, this misunderstanding regarding them as literature came from a confusion over the concept of literature. The creativity of literature is not equal to the "fictitiousness" of history despite historical works sometimes may give us an impression by the way of describing and providing insight into a certain event(s) and a person(s). As Herodotus said, a recognition of the differences of each race and human is a departure of historical archiving of the valuable experiences of human-beings. By doing so, natural results of archival behaviors, preservation of the records, and consistent inquiry of historian-archivists become a humanistic passage overcoming the current wrong trends of historical studies confined to a narrow nation-history.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.159-193
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• 2015

Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

• Journal of Science and Technology Studies
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• v.16 no.2
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• pp.99-147
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• 2016

This paper critically reviews the previous discussion over public engagement with science and technology by Science and Technology Studies literatures with a focus on justification and acceptance. Recent studies pointed out that the "participatory turn" after the late 1990s was followed by confusion and disagreement over the meaning and agency of public engagement. Their discussion over the reproduction of the ever-present boundary between science and society along with so-called late modernity and post-normal science and sometimes through the very processes of public engagement draws fresh attention to the old problem: how can lay participation in decision-making be justified, even if we agree that privileging the position of experts in governance of science and technology is no longer justified? So far STS have focused on two conditions for participatory turn-1) uncertainties inherent in experts' ways of knowing and 2) practicability of lay knowledge. This paper first explicated why such discussion has not been logically sufficient nor successful in promoting a wide and well-thought-out acceptance of public engagement. Then the paper made a preliminary attempt to explain what new types of expertise can support the construction and sustainment of participatory governance in science and technology by focusing on one case of lay participation. The particular case discussed by the paper revolves around the actions of a civil organization and an activist who led legal and regulatory changes in wind power development in Jeju Special Self-governing Province. The paper analyzed the types of expertise constructed to be effective and legitimate during the constitution of participatory energy governance and the local society's support for it. The arguments of this paper can be summarized as follows. First, an appropriate basis of the normative claim that science and technology governance should make participatory turn cannot be drawn from the essential characteristics of lay publics-as little as of experts. Second, the type of 'expertise' which can justify participatory governance can only be constructed a posteriori as a result of the practices to re-construct the boundaries between factual statements and value judgment. Third, an intermediary expertise, which this paper defines as a type of expertise in forming human-nonhuman associations and their new pathways for circulations, made significant contribution in laying out the legal and regulatory foundation for revenue sharing in Jeju wind power development. Fourth, experts' conventional ways of knowing need to be supplemented, not supplanted, by lay expertise. Ultimately, the paper calls for the necessity to extend STS discussion over governance toward following the actors. What needs more thorough analysis is such actors' narratives and practices to re-construct the boundaries between the past and present, facts and values, science and society. STS needs a renewed focus on the actual sites of conflicts and decision-making in discussing participatory governance.

• Journal of Legislation Research
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• no.53
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• pp.375-418
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• 2017

Recently, a specialized hospital designation system has been introduced. In this regard, it is a question of whether a hospital can be searched by using the term 'specialized hospital' or 'specialized' in Internet online search. In this paper, it was examined whether there is a possibility that the medical institution might be mistaken as a specialized hospital designated by the Ministry of Health and Welfare when the concept of 'specialized hospital' or 'specialized' was used in advertisements. The name specialized hospitals can basically have three general meaning. So, if there is a possibility of confusion or misunderstanding in connection with this general meaning, it may be false advertising. The use of concepts other than these general meanings in law does not mean that general meaning disappears from consumer perception. Therefore, although the concept of a specialized hospital in the medical service act is defined in a special sense, the meaning of the specialized hospital should also be considered according to general recognition. In conclusion, the "Guideline for Specialized Hospital Advertising" prepared by the Ministry of Health and Welfare shows that the establishment of a wide range of prohibition limits the freedom of expression of medical institutions. In addition, the comprehensive prohibition of search terms such as 'specialized', and 'advanced' prevents consumers from freely searching for medical institutions with expertise. These guidelines, which are being deprived of the opportunity for professional medical institutions to advertise themselves appropriately, must be thoroughly reviewed.

• Journal of Legislation Research
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• no.41
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• pp.43-85
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• 2011

Child and youth welfare law in Korea is vague and complex. In a narrow sense it means the research on the provisions of the Child Welfare Act. In a broad sense it embraces all of the social welfare system regarding to the protection for children and youth. Regardless of the scope of child and youth welfare law it should be cleared what the term of child and youth means in Korean legal regulation. Historically, child protection in Korea was based on the good intentions of individuals to protect war orphan children from poverty or danger after the end of the Korean War. It is the story of the evolving status of children from being viewed as dependant of the parents to becoming rights-based citizens, even not in Constitution. In Korea neither parents nor children have constitutionally recognized right. According to Korean Constitution the parents have only the obligation to educate their children. And the state ist obliged to improve the welfare of the youth(section 34). In compliance with this article there are lots of statutes regulating youth welfare. This article reviews the legal definition of child and youth to test the uncertain definition of child and youth welfare in relation to the treatment of children's and youth's legal status in Korea. According to the Child Welfare Act child is the person under age of 18, while the legal definition of youth oscillates between the person under the age of 19 and the person over the age 9 to the age of 23. As a result child welfare is often used as the synonym of youth welfare, and vice versa. The lack of the arrangement of the legal definition of child and youth is based on the historical reasons that the legal definitions of youth (under the age of 19 or over the age 9 to the age of 23) newly appeared in the statutes regulating youth welfare, whereas the Child Welfare Act still maintained the definition of child under the age of 18. In order to get rid of the confusion of the definition of the child and youth, a part of certain statues should combine with another Act according to the purpose of the individual amended statutes. And the definition of child and youth should be subdivided into 3 or 4 classes, namely infant(0-6), child(7-13), youth(14-18) and young adult(19-26). Furthermore this article proposes a reform of the existing legal system pursuant to the nature of the law, i.g. whether the issued or amended Act takes on a selective(residual) or universal character.

• Journal of Integrative Natural Science
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• v.14 no.1
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• pp.11-20
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• 2021

On November 17, 2019, an infectious disease with symptoms of pneumonia, called the Wuhan virus at the time, occurred in Wuhan, China. Since then, the name has been changed to COVID-19, and the virus has spread all over the world, and the WHO has declared the highest warning level for infectious diseases, "Pandemic". The coronavirus has also caused great confusion in South Korea. This resulted in large infected people.The first confirmed cases occurred on January 20, 2020, and the number of infected patients is steadily increasing after experiencing several waves, and many corona confirmed cases are also occurring in 2021 after the year. As the whole world enters a pandemic, walls are created between people and people, companies and businesses, and countries and countries, and all growth stops or declines, including human relationships, domestic companies and industries, and foreign industries. As a result, society in general is experiencing a lot of stagnation. Among them, small and medium-sized enterprises (SMEs), which are the basis of all growth in Korea, and youth who are trying to contribute to the national development by entering society, are struggling to find jobs. Even before the coronavirus outbreak, the difficulty of job hunting and the prospect of small and medium-sized businesses were not very good. In this situation, as the country's overall economic situation is poor, the vitality of SMEs has decreased a lot, the prospects are not good, so jobs are reduced, and there are many difficulties due to reluctance to hire new employees. In this study, with 2019 before the corona era and 2020 after the corona era, we compare SMEs before and after the corona era and overall job search and job search activities through average difference analysis, and whether they are affecting through correlation analysis. Through this, it suggests a direction to increase job search through corporate and government policies after raising the prospects of SMEs first.

• Journal of Christian Education in Korea
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• v.66
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• pp.413-437
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• 2021

Humans are created as spiritual beings that can relate to God. However, when a human spirit refuses to transform through confronting God, it experiences a crisis. A spiritual crisis results from disconnecting with God, who is the ultimate foundation, but we humans try to overcome such absence through accomplishments and efforts. In this technological age, the ethics issues of AI (Artificial Intelligence), robots, and cloning are related to anthropology. The development of the mind, heart, and logic cannot suggest a basis for destruction and confusion as much as the development of the world. In fact, education focused on the human mind cannot be considered holistic. Mind, together with thought, will, and belief, plays a crucial role in making choices and leading a human life. So it is actively studied in other domains other than Christian education. However, although the human spirit takes care of some territory of humanity, unlike the mind, it can neither be partial nor fragmentary. Instead, it manages the transformation that influences the core of human life. Therefore, Christian education must clearly concentrate on the spirit rather than on other human elements, intentionally concerning spiritual transformation through encounters with God. In other words, Christian education is the passage connecting a human spirit to God's presence at work, which enables us to understand the human being as a whole. For this, we must put our efforts to increase the chances of encountering God through Christian education. While "Encounter" requires both parties' interaction, "Transformation" stresses God as the main agent and His proactive nature. I also want to emphasize "worship" as the opportunity to communicate and experience God in our daily lives. By examining the preparation and the process of the spiritual transformation of humans, this paper would offer a theological foundation for continued transformation of the human spirit in the faith community, rather than personal experience or conviction.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.75-103
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• 2020

There is a growing voice that medical information should be shared because it can prepare for genetic diseases or cancer by analyzing and utilizing medical information in big data or artificial intelligence to develop medical technology and improve patient care. The utilization and protection of patients' personal information are the same as two sides of the same coin. Medical institutions or medical personnel should take extra caution in handling personal information with high environmental distinct characteristics and sensitivity, which is different from general information processors. In general, the patient's personal information is processed by medical personnel or medical institutions through the processes of collection, creation, and destruction. Still, the use of terms related to personal information in the Medical Service Act is jumbled, or the scope of application is unclear, so it relies on the interpretation of precedents. For the medical personnel or the founder of the medical institution, in the case of infringement of Article 24(4), it cannot be regarded that it means only medical treatment information among personal information, whether or not it should be treated the same as the personal information under Article 23, because the sensitive information of patients is recorded, saved, and stored in electronic medical records. Although the prohibition of information leakage under Article 19 of the Medical Service Act has a revision; 'secret' that was learned in business was revised to 'information', but only the name was changed, and the benefit and protection of the law is the same as the 'secret' of the criminal law, such that the patient's right to self-determination of personal information is not protected. The Privacy Law and the Local Health Act consider the benefit and protection of the law in 'information learned in business' as the right to self-determination of personal information and stipulate the same penalties for personal information infringement such as leakage, forgery, alteration, and damage. The privacy regulations of the Medical Service Act require that the terms be adjusted uniformly because the jumbled use of terms can confuse information subjects, information processors, and shows certain limitations on the protection of personal information because the contents or scope of the regulations of the Medical Service Law for special corporations and the Privacy Law may cause confusion in interpretation. The patient's personal information is sensitive and must be safely protected in its use and processing. Personal information must be processed in accordance with the protection principle of Privacy Law, and the rights such as privacy, freedom, personal rights, and the right to self-determination of personal information of patients or guardians, the information subject, must be guaranteed.

• Journal of Korean Philosophical Society
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• v.145
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• pp.167-194
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• 2018

According to the result of 2017 youth statistics, the first rank of the death cause of Korean youth is suicide for nine years. The recent study on factors affecting juvenile suicide presents: family factors; character and psychological factors; mental disease factors; suicide-triggering factors; school factors; and protection factors; and so on. What is required to the youth who are vulnerable to the confusion of identity and the adjustment of emotion or impulse is not only drug treatment or mental therapy but also the support of family or society where adolescents are encouraged to be introspective and form their identity in a healthy approach in the diverse humanistic philosophical dimension. This study is going to pay attention to the aesthetic existence of Kierkegaard who provided the foundation of human existential identity centered on three stages of existence. For this purpose, we attempt to search for the philosophical basis for the understanding of juvenile identity centered on the analysis of Kierkegaard's Either / Or Volume I (Entweder - Oder Teil I). Especially, we are going to attempt the understanding of aesthetics of youth through the analysis of three stages of desire (Begierde) suggested in Chapter 2 of this book. Herewith he suggests aesthetic existence through 'desire', and aesthetic existence as the desire again through three stages of 'dreaming ($tr{\ddot{a}}umend$)' desire, 'searching (suchend)' desire, and 'desiring (begehrend)' desire. Based on this analysis of three stages, we plan to graft the roots of sociological factors presented as the cause of youth's suicide onto the analysis of existential philosophy. Through this, we attempt to grope for the diagnostic and healing discourse which Kierkegaard's existential analysis can present in the formation and recognition of youth identity and disclose a factor of the emotion or the disorder of impulse adjustment as well as depression suggested as the main contributing factor of youth's suicide and search for philosophical discourse for the prevention of juvenile suicide.

• Korean Journal of Environment and Ecology
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• v.32 no.6
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• pp.686-697
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• 2018

Due to the advance in remote sensing technology, it has become easier to more frequently obtain high resolution imagery to detect delicate changes in an extensive area, particularly including forest which is not readily sub-classified. Time-series analysis on high resolution images requires to collect extensive amount of ground truth data. In this study, the potential of land coverage mapas ground truth data was tested in classifying high-resolution imagery. The study site was Wonju-si at Gangwon-do, South Korea, having a mix of urban and natural areas. KOMPSAT-3A imagery taken on March 2015 and land coverage map published in 2017 were used as source data. Two pixel-based classification algorithms, Support Vector Machine (SVM) and Random Forest (RF), were selected for the analysis. Forest only classification was compared with that of the whole study area except wetland. Confusion matrixes from the classification presented that overall accuracies for both the targets were higher in RF algorithm than in SVM. While the overall accuracy in the forest only analysis by RF algorithm was higher by 18.3% than SVM, in the case of the whole region analysis, the difference was relatively smaller by 5.5%. For the SVM algorithm, adding the Majority analysis process indicated a marginal improvement of about 1% than the normal SVM analysis. It was found that the RF algorithm was more effective to identify the broad-leaved forest within the forest, but for the other classes the SVM algorithm was more effective. As the two pixel-based classification algorithms were tested here, it is expected that future classification will improve the overall accuracy and the reliability by introducing a time-series analysis and an object-based algorithm. It is considered that this approach will contribute to improving a large-scale land planning by providing an effective land classification method on higher spatial and temporal scales.