• 제목/요약/키워드: Discourse

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Legal Interest in Damages Regarding Loss of Treatment Chance (치료기회상실로 인한 손해배상에 있어서 피침해법익)

  • Eom, Bokhyun
    • The Korean Society of Law and Medicine
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    • 제20권3호
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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.

Yoo Young-kuk's Early Constructivism: Utopianism in (1937) (유영국(劉永國)의 초기 구성주의: <랩소디>(1937)에 나타난 유토피아니즘)

  • 유영아
    • The Journal of Art Theory & Practice
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    • 제9호
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    • pp.93-121
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    • 2010
  • This study is about Yoo Young-kuk's early works which show constructivism, especially focus on his debut painting, for the 7th Dokuritsu Bijutsu Kyokai(獨立美術協會, the Independent Fine Arts Association) in Tokyo in 1937. The work was painted 2 years after he had started his study in Japan in 1935. It was the first painting that applied Constructivism. played an important role for Constructivism to be a leading art in his abstraction. After this picture, Yoo was soon devoted to the principles of Constructivism-- Faktura(material), Tektonika (tectonics), Tekhnika(technique), space, construction-- in his painterly reliefs. This article examined why Yoo concentrated on Constructivism for , what the characteristics were, and what influences were on other works from 1935 to 1949. In addition, I investigated in which period was painted and how Constructivism was spread in 1930s and early 1940s in chapter 2. I scrutinized Rhapsody in chapter 3. When Yoo created Japan was under the Fifteen Years War(1931-1945), and a major discourse was the Japanese Spirit at that time. It was connected with construction of an ideal nation which the Japanese ultra-national fascism pursued. This ideological pursuit was intended to unite the Japanese people for total war system and to restore a national dignity which had been fallen down due to Manchurian Incident(1931). Thus, on the hand, Kokusai Bunka Shinkokai(國際文化振興, The Society for International Cultural Relations) and the Nippon Kosaku Bunka Renmei(日本工作文化連盟, Japanese Werkbund) were supported financially by the Japanese government. On the other hand, the government enacted regulations to opposing parties which would distract Japanese people's unification. As for the Japanese art world, the merge of art groups was carried out through remodeling of Teikoku Bijutsuin(帝國美術院, The Imperial Fine Arts Academy) in 1935. This brought out continuous dispute and disorder. Young artists who felt difficulty of entering an entry of Imperial Fine Arts Exhibition repeatedly grouped and disbanded for small art groups to build their standing, which they pursued Surrealism and Abstract art. Among them Constructivism was considered as the latest trend and was popular in craft, design, architecture as well as fine arts. In the year before he painted , Avant-garde theatres including Constructivism theatre were introduced in a feature article of September, 1936 in Atelier, which was dealing with mainly avant-garde arts. Books related with Constructivism were translated into Japanese, and Gestaltung Education had become active since the publication of A Compendium of Gestaltung Education("構成敎育大系"(1934)), Salvador Dali(1904-1989) was also introduced, so Surrealism was drawn more attention by young artists. reflected popular trends. Yoo analyzed the Japanese avant-gardists' archaic taste in the Independent Art Association that he submitted his painting to. And then he entitled 'Rhapsody' which derives from Ancient Greek's epic poetry and deliberately set up images in a scene. In chapter 3, I examined a theme which was planned carefully by sorting favorite images from the Japanese Surrealism. was a result that Yoo Young-kuk observed objectively the phenomenon that young artists dreamt of Utopia or longed for Nostalgia passively and lethargically under wars. And then he otherized himself from that circumstance. First of all, for he used the typical icons of Japanese Surrealism such as the horizon, flowing clouds, and vast plain that were considered stereotypes of Arcadia. He, however distinguished himself form those Japanese Surrealists. He made his own vision about Utopia by referring Lyubov Popova(1889-1924)'s stage design. His objective point of view was expressed by positive and dynamic images of structure and human's actions. Constructivism which was attempted in had an effect on other early constructive works, and the principles of Constructivism were sought hard in reliefs, paintings, and photos.

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Function of the Korean String Indexing System for the Subject Catalog (주제목록을 위한 한국용어열색인 시스템의 기능)

  • Yoon Kooho
    • Journal of the Korean Society for Library and Information Science
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    • 제15권
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    • pp.225-266
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    • 1988
  • Various theories and techniques for the subject catalog have been developed since Charles Ammi Cutter first tried to formulate rules for the construction of subject headings in 1876. However, they do not seem to be appropriate to Korean language because the syntax and semantics of Korean language are different from those of English and other European languages. This study therefore attempts to develop a new Korean subject indexing system, namely Korean String Indexing System(KOSIS), in order to increase the use of subject catalogs. For this purpose, advantages and disadvantages between the classed subject catalog nd the alphabetical subject catalog, which are typical subject ca-alogs in libraries, are investigated, and most of remarkable subject indexing systems, in particular the PRECIS developed by the British National Bibliography, are reviewed and analysed. KOSIS is a string indexing based on purely the syntax and semantics of Korean language, even though considerable principles of PRECIS are applied to it. The outlines of KOSIS are as follows: 1) KOSIS is based on the fundamentals of natural language and an ingenious conjunction of human indexing skills and computer capabilities. 2) KOSIS is. 3 string indexing based on the 'principle of context-dependency.' A string of terms organized accoding to his principle shows remarkable affinity with certain patterns of words in ordinary discourse. From that point onward, natural language rather than classificatory terms become the basic model for indexing schemes. 3) KOSIS uses 24 role operators. One or more operators should be allocated to the index string, which is organized manually by the indexer's intellectual work, in order to establish the most explicit syntactic relationship of index terms. 4) Traditionally, a single -line entry format is used in which a subject heading or index entry is presented as a single sequence of words, consisting of the entry terms, plus, in some cases, an extra qualifying term or phrase. But KOSIS employs a two-line entry format which contains three basic positions for the production of index entries. The 'lead' serves as the user's access point, the 'display' contains those terms which are themselves context dependent on the lead, 'qualifier' sets the lead term into its wider context. 5) Each of the KOSIS entries is co-extensive with the initial subject statement prepared by the indexer, since it displays all the subject specificities. Compound terms are always presented in their natural language order. Inverted headings are not produced in KOSIS. Consequently, the precision ratio of information retrieval can be increased. 6) KOSIS uses 5 relational codes for the system of references among semantically related terms. Semantically related terms are handled by a different set of routines, leading to the production of 'See' and 'See also' references. 7) KOSIS was riginally developed for a classified catalog system which requires a subject index, that is an index -which 'trans-lates' subject index, that is, an index which 'translates' subjects expressed in natural language into the appropriate classification numbers. However, KOSIS can also be us d for a dictionary catalog system. Accordingly, KOSIS strings can be manipulated to produce either appropriate subject indexes for a classified catalog system, or acceptable subject headings for a dictionary catalog system. 8) KOSIS is able to maintain a constistency of index entries and cross references by means of a routine identification of the established index strings and reference system. For this purpose, an individual Subject Indicator Number and Reference Indicator Number is allocated to each new index strings and new index terms, respectively. can produce all the index entries, cross references, and authority cards by means of either manual or mechanical methods. Thus, detailed algorithms for the machine-production of various outputs are provided for the institutions which can use computer facilities.

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A Study on Visitor Motivation and Satisfaction of Urban Open Space - In the Case of Waterfront Open Space in Seoul - (도시 오픈스페이스 방문동기 및 만족도 연구 - 서울시 하천변 오픈스페이스를 중심으로 -)

  • Zoh, Kyung-Jin;Kim, Yong-Gook;Kim, Young-Hyun
    • Journal of the Korean Institute of Landscape Architecture
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    • 제42권1호
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    • pp.27-40
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    • 2014
  • The functions of urban open space, which embraces community revitalization, are diverse. It is the means of public healthcare, learning centers for children, hub of arts and cultural programs, as well as promoter of urban tourism. However, in-depth discourse and research on the topic of urban open spaces has been limited so far. Hence, this study aims to investigate the motivations and satisfaction of visitation based on four representative waterfront open space in Seoul; Cheongyecheon Waterfront, Seoul Forest Park, Seonyudo Park and Banpo Hangang Park. The methods of study are literature review, observation investigation, and questionnaire survey. The findings are analyzed through the Exploratory Factor Analysis, Reliability Analysis, ANOVA Analysis and Regression Analysis by SPSS 18.0. The results of the study are as follows. First, urban waterfront open spaces in Seoul has 5 factors of visitor motivation; community amenity, nature access, cultural and educational assets, aesthetic enjoyment, and lastly means of escape. Second, factors of recognizing urban waterfront open spaces as community amenity and nature access indicate meaningful differences in visitor's perception by spatial characteristics. Third, distances between the destination and the visitor's residence influence significantly their perceived motivation. Close-range visitors perceived nature access as a principal factor, whilst medium to long-range visitors perceived visitation for aesthetic purposes more importantly. Lastly, the will to escape was shown as the influential factor in visitor satisfaction. Visiting open spaces for the enjoyment of nature and aesthetic purposes were factors that also closely relate to visitor satisfaction. In addition, it was found that there are different visitor motivations that influence visitor satisfaction in accordance with the spatial characteristics of each open space. In summary, it can be said that urban waterfront open space is a hybrid space connected to various types of urban contents beyond daily experiences. It was found that several visitor motivations including community development, design aesthetics, education and culture, entertainment, enjoyment of natural landscape, and relaxation, affect the overall satisfaction of the visiting experience. It is anticipated that the results of the study will be used by the local government in setting up strategies for the creation and management of successful urban waterfront open space, and for those involved in planning and design act as a starting point for spatial programming and amenities arrangement in accordance to the city's tourism and urban marketing approach.

Direction and Practical Proposal for Christian Education through Ecological Christian Spirituality (생태학적 기독교 영성을 통한 기독교교육의 방향과 실천적 제언)

  • Kim, Eun-Ju
    • Journal of Christian Education in Korea
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    • 제63권
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    • pp.347-376
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    • 2020
  • This study suggests the direction and practice of Christian education through ecological Christian spirituality required in front of the ecological crisis. Environmental destruction and ecosystem problems are recognized as a serious crisis that can threaten human survival. As a result, the development of material civilization, which humanity has taken for granted, has been questioned, and changes in human consciousness and thoughts at the root of the ecological crisis have become inevitable. The crisis of civilization demands a new spirituality, and the spirituality required in front of the ecological crisis must be a life-friendly spirituality. The discourses on the ecological crisis that have emerged since the 1970s provide a fundamental perspective on the ecological crisis. Ecological spirituality such as 'immanence', 'interrelationship', 'community', 'healing and emancipation', and 'sustainability' are concepts that can understand and aggregate the discussions of the various discourses above. Based on this, this paper examines Christian ecological spirituality by dividing it into the areas of God, humans, and body. Through this, the Christian education was proposed as a practical place for self-depreciation for a simple life through the understanding of God, who emptied himself out of the transcendent God who reigns over all things, shared the pain of all things, maintained all things together, and lived in them. There, meditation and hospitality can be a place of practical Christian education where one can enrich one's inner self for a simple life. Christian education was proposed as a place of holistic knowledge through ecological Christian spirituality that emphasizes the spirituality of the body from dichotomous thinking that belittles the body. There, the Holy Communion is important as a place where both holistic education to restore the spirituality of the body and ecological education can be held at the same time. Through this, I hope that Christian education will be a place of education not only for the reason but also for the holistic knowledge of Christ and for learning how to 'together' with the ecosystem and neighbors.

, the Cinema of Attractions (<디 워>, 매혹의 영화)

  • Ryu, Jae Hyung
    • Cartoon and Animation Studies
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    • 통권29호
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    • pp.209-241
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    • 2012
  • Is a failed blockbuster film? Is there no room for reconsideration of the value of the film in terms of its contents and forms? The purpose of this study is to answer these questions. In 2007, SHIM Hyung-rae's was in the limelight due to the nationalist discourse around the film rather than evaluation of the film itself. In terms of its narrative and formal properties, the film showed the difference from the Korean nationalist blockbuster films. It led to the disaccord and hard-to-understand results of having somewhat disappointed box-office success of 8,500,000 audiences in comparison to the input, of receiving well by a generous part of the audiences absorbed by nationalism, and of getting the critics' cynic criticism of the film's cinematic value. Eventually only provided the cultural battlefield of nationalism, was left as an unnoticed film in the realm of industry and criticism. However, it was interesting that there was a common ground between the film's supporters and the cynic critics. Both sides were being acknowledged that the spectacle of was way out of proportion to the degree that the spectacle was unbalanced with the story unfolding, achieved more than expected. Its spectacle overwhelming the narrative enfever a few audiences, and at the same time, it provided some reasons making critics face away from the film. In this context, the purpose of this study is to examine 's aesthetics that 'the spectacle dominating narrative' or 'the narrative as a pretext for showing spectacle,' leading to discussion of artistic/theoretical/critical value and to find out cinematic value of the film being regarded as a failure. In addition, this study is significant in that it suggests that is a new kind of moving image that it cannot be analyzed with existed critical methods of narrative film criticism; as a result, this study provides the chance to be evaluated through a new conceptual frame of the film. In order to grasp the narratological aesthetics, this study focuses on the concept of trickality that Andre Gaudreault suggests, and Tom Gunning's 'the cinema of attractions,' referring to the spectacle-oriented narrativity or the mode of production displaying the spectacle more than the narrative.

The relation between Movement working as a Grouping clue in Moving Picture and Semantic structure forming (동영상에서 그룹핑(grouping) 단서로 작용하는 움직임(Movement)과 의미구조 형성의 관계)

  • Lee, Soo-Jin
    • Archives of design research
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    • 제19권5호
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    • pp.119-128
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    • 2006
  • The scale of visual expression has expanded from freeze frame to motion picture as media have developed. Moving pictures such as animation, movies, TV CM and GUI become formative elements whose movement is necessary compared to freeze frame as apparent movement phenomenon and unit structure such as short and scene appear. Therefore, of formative elements such as a shape, color, space, size and movement, movement is importantly distinguished in the moving image. The expression and form of image as a relationship between the signified and signifier explained by Saussure are accepted as a sign by mutual complement even though they limit the content. This makes it possible to infer that the formal feature of movement participates in the message content. To verify this, the result of moving picture visual perception experiment based on the gestalt grouping principle result shows that 70-80 percent of subjects think that 'movement' is the important grouping clue in perception. Movement affects the maintenance of the context of message content in the communication process when the meaning structure of moving picture is analyzed based on the structural feature. The identity can be maintained with if there is a movement with similar directive point even if the color and shape of people, things and background are changed. Second, the clarity of the content is elevated by a distinguished object as a figure by movement. Third, it acts as a knowledge representation which can predict similar movement process of next information processing. Forth, movement gives the content consistency even though more than two scenes have fast switch and complicated editing structure like cross-cutting. Movement becomes a clue which can make grouping information input by visual perception reaction. Also, it gives the order to the visual expression which can be used improperly by formation of structural frame of image message and has the effectiveness which elevates the clarity of signification. Moving picture has discourse with several mixed unit structures because it fundamentally contains time and the common and distinguished expression is needed by media-mix circumstances. Therefore, by the application of gestalt grouping principle to moving picture field, movement becomes the more distinguished than other formative elements and affects the formation of meaning structure. This study propose a viewpoint that develops structural formative beauty and new image expression in the media image field.

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Development and Content Characteristics of Cartoons in the 1910s: focusing on cartoons published in Maeilsinbo (1910년대 만화의 전개와 내용적 특질: 『매일신보』 게재 만화를 중심으로)

  • Seo, Eun-Young
    • Cartoon and Animation Studies
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    • 통권30호
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    • pp.139-168
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    • 2013
  • This article aims to explain the significance and value of cartoons in the 1910s which were largely passed unnoticed in the preceding cartoon studies by scrutinizing cartoons published in Maeilsinbo in the 1910s. Until now, Korean cartoons in the 1910s has been neglected just because it were published in Maeilsinbo. However, this writing analyzed cartoons in this period on the base of the fact that the cartoons in the 1910s printed in Maeilsinbo diversified the horizon of the Korean cartoon. Cartoons in Maeilsinbo functioned as a bridge connecting cartoons published in Daehanminbo in 1909 reputed as a root of Korean cartoon and 1920s, the time when satirical cartoons and comics started being printed in newspapers. The characteristics of Maeilsinbo as a bulletin of government general and periodical characteristics that the agent of popular culture begun to move reside as multi layers in the cartoons in the 1910s. In this article, the process and the development of how cartoons published in Maeilsinbo. As pleasure became important in everyday life in Korea, cartoons were able to earn a portion in the newspaper. In the beginning, modern cartoon style seemed vague, but as time goes by, its own style gradually settled. Cartoons in this period were not fixed in specific section but various kinds of cartoons were developed during the time since works of Korean as well as Japanese cartoonists and illustrators were published. Among them, representative cartoons in Maeilsinbo were analyzed in this article under three categories: first, cartoons represented 'Choseon-ness' through scenes of daily life and customs concurrently contained a view of anti-civilization/enlightenment; second, cartoons represented the accumulation of wealth as valid from the view point of public interest; last, cartoons divided Koreans who suffered from hardships of life in Kyungsung and Japanese in Jingogae in order to divide space. In conclusion, Maeilsinbo disciplined the colonized, Koreans, and exposed the discourse of the colonial power via cartoon.

A Study on the Aesthetic Emotion and Creativity of 'Objet Animation' -Focused on the analysis of 'Objet' type of cultural arts education outcomes- ('오브제(Object) 애니메이션'의 미학적 정서와 창의성에 관한 연구 -문화예술교육 결과물의 '오브제(Object)' 유형 분석을 중심으로-)

  • Kim, Hyun-Young;Kim, Jae-Woong
    • Cartoon and Animation Studies
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    • 통권50호
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    • pp.43-73
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    • 2018
  • This is a study on 'Objet' in animation culture art education. Research on the use of Objet in modern art is actively under way. From Cubism to Dadaism, Surrealism, Futurism and Pop art, it is no exaggeration to say that the Objet is stepping with modern art. In addition, Objet has a remarkable value in the field of visual arts expressing 'motion' such as kinetic art, video art, media art, and animation. However, there are not many cases of classifying and studying the types of Objets used in artworks. Therefore, this researcher has been influenced by the surrealism discourse and prepared six types of Objets type analysis framework. And the research focused on 'the aesthetic emotion and educational aspect of creativity improvement' of Objet animation was conducted. The type analysis framework is named as a drawing Objet, Objet of existence, a morphine Objet, epidermis Objet, assigned Objet and assemblage Objet and this type is presented and analyzed with case image. The data used in this study was focused on the outcome of Objet animation that were trained for non-experts in culture and arts education. This aesthetic emotion refers to Freud's desire for life (Eros) as Attraction, and desire for death (Thanatos) as Uncanny (fearful unfamiliarity) and explains the conflicting concept with the Animism, the indigenous religion. Next, educational aspects of Objet animation creativity improvement in relation to the term 'functional fixedness' was discussed as described by Gestalt psychologist Karl Duncker (1903-1940). Overcoming the functional fixedness is a phenomenon that is fixed only to the functional aspects of things and can't be changed. In this study, the educational aspect of creativity improvement was demonstrated as a case of overcoming the functional fixedness through 'Objet Animation' culture and art education. Ultimately, this study is to prove the aesthetic emotion and creativity of the Objet animation by analyzing Objet types. Furthermore, it is meaningful to suggest direction when using 'Objet Animation' in culture and arts education.

Multiplification of the Reality in Contemporary Sculpture (현대조각에 있어서 실재의 다중화)

  • You, Jae-Heung
    • Journal of Science of Art and Design
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    • 제12권
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    • pp.65-96
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    • 2007
  • Today, the modern art is extremely diverse. It is denying its own boundary through chaos, extreme, abjection. In fact the diversity of the modern art can be best described as questioning and challenging to the essence of the reality, rather than the artistic pursuit of the beauties. The pursuit of the reality has been a long lasting discourse since the ancient. Through the history, the reality (referent) and representation (image) has been complementing and disposing each other in a relationship of a meaningful construction until the modern times. The limit of modernistic self-reference and the emergence of the figure leads to the emergence of Post-modernism in a trend of experimenting new visual arts. The return to the figure is clearly distinguished from existing representation's system and it brought new meanings to approaches and interpretations of the reality. In the case of Pop arts of 1960's and the following the modern sculptures, which is covered by this thesis, I put an emphasis on the diversification of those via changed strategies on the reality. In a situation where the reality is dictated by signified, the modern arts can no longer stay on a classic concept of representation, rather it pursuits new system and diverse strategies. I provide three types of strategic characters of the reality and the diversification of reality: the transition of the reality. These three types can be used as a frame work, which is supporting new aspects of the modern arts in reflecting on existing system. Therefore, the reason of categorizing is to distinguish modernistic arts and post modernistic arts, and to propose new post-modernistic discourses. Adapting J.F, Lyotard's view, absence is used to trace down the diversification of the reality thorough the sublime on the deconstruction of the mega discourses and the relationship of representation. Based on H. Faster's theory of the appropriation, the appropriation is used to exemplify the strategies of visual arts are in variations and being delayed. Lastly, in the transition, J. Baudrilliard's simulacre is used in terms of the concept of post modernistic representation. Based on the core of his theories, the deconstruction of existing concepts and simulation as the post modernistic representation, and the world of hyperreality based on simulacre are explained. These allows us to deny that representation is the expression of reality through mimesis. My aim is to work on the definition of the arts and representation in the modern era, and go further from there in order to clarify meaning and extension of the modern sculptures. Now two artists are reviewed based on their own art works: George Seagal; Jeff Koons. They are selected among numerous artists from the Post Modern era. Epic contents and emphasis on daily life of Seagal's works show good examples to artists from Pop Arts and following time period and may have served as a start point for Postmodernism. Indeed, he tried to show a newly defined relationship between art works and daily life experience. On the other hand, J.Koons used the strategies of fabrication and appropriation, which shows characteristics of the postmodernism. Through his four individual exhibitions, he shows the diversification of the reality based on art works as fetishistic merchandises, and newly defined concept of Ready-made since M Duchamp. Lastly, the diversification of the reality is analyzed again in context of my art works. I focused on the return to the figure among a variety of trends of late 20 th century modern sculpture. It showed the post modernistic point of view on the reality. Post modernistic diversified strategies are adopted as a method of distinguishing each art works via the diversification of the reality. This is the result of contemporary social and cultural situations.

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