• Journal of the Daesoon Academy of Sciences
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• v.30
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• pp.131-162
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• 2018

In this article, I studied how we can heal resentment (㝨) and regret (恨) in the present and future world that are deeply rooted in our society, and I sought out the theoretical and practical measures to realize peace and mental well-being of the Korean people. For this purpose, firstly, I reinterpreted the content of 'Hongik Ingan Humanitarianism (弘益人間)' as an idea and its practical methods into a critical perspective, and confirmed that it is the ideological and emotional root of the Korean people. And I looked at concrete action plans for the present and in the future. Next, I studied the contents of the 'Accompaniment Society (大同社會)' for studying abroad and how to realize its ideals. Through this process, it was confirmed that Accompaniment Society is also deeply rooted in the sentiments of the Korean people. I also found out that more active and practical theoretical methodological studies are necessary to heal the resentment and regret common in our society. Lastly, I studied the fundamental and essential meaning of 'The Resolution of Grievances for Mutual Beneficence (解冤相生),' the major, representative concept of 'The Truth of the Great Itineration (大巡眞理).' Through this process, I confirmed the possibility that the Resolution of Grievances for Mutual Beneficence could be transformed into a universal value and could be sublimated to a practical norm in the future. In particular, I found that the logic of "the Resolution of Grievances for Mutual Beneficence" is highly practical in resolving feelings of resentment in the Korean people. Through the above study, 'The Resolution of Grievances for Mutual Beneficence' of 'The Truth of the Great Itineration' can emerge as a 'win-win' system of ethics in the future through the synthetical comprehension of the ideals of 'Hongik Ingan Humanitarianism' and Accompaniment Society.

• The Korean Society of Law and Medicine
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• v.23 no.2
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• pp.39-65
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• 2022

There are two aspects of clinical practice guidelines that act as non-legal control before medical practice and as legal control standards after medical practice. The essential purpose of clinical practice guidelines is the former, but the latter action cannot be excluded. The clinical practice guidelines are a means of linking law and medical care. The negative perception of clinical practice guidelines that medical professionals' autonomy can be violated by the enactment of clinical practice guidelines is an excessive negative evaluation of clinical practice guidelines. Rather, judicial judgment based on clinical practice guidelines plays a role in respecting the autonomy of medical professionals. In other words, the clinical practice guidelines suppress legal regulations on medical care as much as possible and are based on doctors' professional ethics and self-discipline, and patient awareness and cooperation. In order to establish an ideal relationship of cooperation between doctors and patients, 'medical ethics' must be incorporated as a legal means. Clinical practice guidelines are the most appropriate means for incorporating such medical ethics into legal procedures. The lawyer solves the case with a legal syllogism that establishes a norm and applies facts to it to conclude. For the resolution of medical disputes, Clinical practice guidelines are used to establish norms that doctors should perform for specific diseases, and conclusions are drawn by applying the established norms to specific medical practices. When it is not easy to apply the established norms to specific medical practices, medical judgments by experts, such as emotions, expert testimony, and explanations by expert members, are used. As such, the Law respects the autonomy of medical care even in the establishment of norms and the application of norms. In particular, Clinical practice guidelines prepared independently by the medical community are referred to in establishing norms, which are the prerequisites for legal syllogism. This shows that doctors participate in the formation of precedents and contribute to the formation of norms. The use of clinical practice guidelines in trials is respect and consideration for the autonomy of medical care. Although there may be an aspect in which the autonomy of individual doctors is limited by clinical practice guidelines, it should be considered that the autonomy of doctors as a group is respected. In this way, the clinical practice guidelines play a role in protecting the autonomy of the "medical" group from the logic of the "law."