• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.27-53
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• 2015

Recently, a plastic surgery hospital in Seoul, has been raided following suspicions that ghost surgery was performed by an unauthorized substitute surgeon on a chinese woman who lapsed into a death. Following the incident, an organization to eradicate ghost surgery was created in March by Consumers Korea, founded to protect consumer rights, and the Korea Alliance of Patients Organization. The organization has received reports of illegal medical practices. To substitute another physician without the patient's consent and without his knowledge of the substitution is fraud and deceit and a violation of a basic ethical concept. The patient as a human being is entitled to choose his own physician and he should be permitted to acquiesce in or refuse to accept the substitution. It should be noted that it is the operating surgeon to whom the patient grants his consent to perform the operation. The patient is entitled to the services of the particular surgeon with whom he contracts. The surgeon, in accepting the patient, obligates himself to utilize his personal talents in the performance of the operation to the extent required by the agreement creating the physician-patient relationship. He cannot properly delegate to another the duties which the patient authorizes him to perform personally. 'Ghost surgery' comes under Article 257(Inflicting Bodily Injury on Other or on Lineal Ascendant) of the Criminal Code. Substitution another physician without the patient's consent and without his knowledge of the substitution shall be performed Inflicting Bodily Injury. This is a controversial issue that'ghost surgery' comes under Article 347(Fraud) of the Criminal Code. It maybe controversial that operation substituted by another physician without the patient's consent and without his knowledge of the substitution becomes the component of Fraud. Also, Ghost surgery' comes under Article 27 (Prohibition of Unlicensed Medical Practice, etc.), Article 22 (Medical Records, etc.), Article 33 (Establishment) of the Medical Service Act. The surgeon's obligation to the patient requires him to perform the surgical operation: (1) within the scope of authority granted him by the consent to the operation; (2) in accordance with the terms of the contractual relationship; (3) with complete disclosure of all facts relevant to the need and the performance of the operation; and (4) to utilize his best skill in performing the operation.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.34 no.4
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• pp.78-88
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• 2016

The comparative analysis result of appearance characteristic of landscape elements and symbolic elements implied by the tablets on the 16th century's Korean Damyang garden and Chinese Suzhou garden is as follows. First, among the landscape elements implied in the tablets, appearance rate of botanical factors appeared high in the gardens of both areas. Damyang garden displayed bamboo grove and natural forest around the garden, while Suzhou garden displayed artificial mountain(假山) created artificially and a variety of plants including lotus, bamboo, and pine surrounding it were associated with the significance of the tablets. On the other hand, climatic/celestial elements including the rain, wind, and the moon were associated with the tablets of Damyang garden, while the artificial factors such as the building, bridge, and book, etc. were mostly were associated with the tablets of Suzhou garden. Second, among the symbolic elements included in the tablets, ethical personality which is the basic virtue of a noble man(聖人), was the universal characteristic of the meditation world of the garden in both areas. However, a will for political stability was mostly associated with the tablets of Damyang garden, while the retrospect heart for the immortal was mostly associated with the signboard in Suzhou garden. It was concerned with political ideal and the thought of Confucianism respectively. Third, the symbolic elements that appeared frequently in the tablets of Damyang garden, "Ethics" and "Political stability", were associated with the scene atmosphere created by the climatic elements and celestial elements. On the contrary, the symbolic elements which most frequently appeared in the tablets of Suzhou garden, "Ethics", was associated with the symbolic significance of the plant. The invisible space of gardens was expanded by tablets in both areas.

• (The)Study of the Eastern Classic
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• no.59
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• pp.405-428
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• 2015

Painting theorists in Song dynasty often spoke 'Li' when they talked about paintings. But 'Li' of the song dynasty is not limited to the 'ethics'. First, it includes visible 'natural's truth', such as the differences of 'geography' and 'physics' between the depicted objects. Second, it also includes 'common sense' which was based on both the observation and the thinking. The theorists thought if the 'common sense' was improper in the painting, the whole work was invalid. Thirdly, it also includes 'the reasonable sense in special situation', which requires great imagination ability and elaborative faculty. For example, when playing wind instruments and stringed instruments in the same time at the same concert, the painter should accurately draw the different gestures of musicians according to that the wind instrument is 'sound when the finger lift' and the stringed instrument is 'sound after the finger have left' in that moment. Fourthly, it includes 'art reason', theorists call it as 'ShenLi' or 'MiaoLi'. 'ShenLi' or 'MiaoLi' require the creator to join the spiritual concept besides his observation and thinking. For example, 'banana in snow' is neither observed available nor thought of available, but is the result of spiritual concept of creators for seeking everlasting. And at last, it certainly includes 'the principle of ethics'. Painters often highlighted the ethical relations of the feudal nation and the value of individual gentleman through the allegory story of figure painting and even the sudden composition in the landscape painting. 'Geography', 'physical', and 'common sense' are required the meticulous observation and the rational thinking for the painted object. And 'the reasonable sense in special situation', 'the art reason', 'the principle of ethics' are required enhancing painting style in the painting artistic conception and realm of life based on the nuanced observation, making 'technology' into the 'Tao'. This is the six reasonable increasing requirements for the painting work. Therefore, 'seeking the final reason' is the fundamental spirit of painting theory of Song Dynasty.

• (The)Study of the Eastern Classic
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• no.35
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• pp.387-414
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• 2009

This paper looks into the Confucius customs of Yiphu and Seungjung, that is respectively a problem of deciding the successor of the family and a matter of establishing Jongtong (宗統: the proper inheritance line of the family), especially concerning the funerary and ancestor memorial services through Seongho Lee Ik's discussion on proprieties, whose Yeahak (禮學: Studies on Proprieties) is representative of the eighteenth century Yeahak. Seongho Lee Ik sees that there is one penetrating principle that should apply the same concerning Jongtong, regardless whether it is for the state or for a family or whether it is for the royal family or for the gentry in or out of the state service. To establish this one penetrating principle, he emphasizes the manners that fit one's circumstance and social standing, proposed as the theory and practice of 'Seoin-garyea (庶人家禮: Proper customs that even common people with no official titles can practice in marking their important life events like coming-of-age, marriage, and death)'. These two aspects of Seongho seem at odds with each other at a glance. Yet given that he considers that keeping proprietary manners for their own social standings would help secure the fundamental social order, which is of supreme importance to him, it makes sense. Next, the most problematic issues about Seongjung and Yiphu are the timing when one can declare the 'absence of the patriarch' and the manner how one substitutes oneself for the absent patriarch. Seongho sees that it is one thing to 'inherit the Jongtong' and it is another to 'become a next patriarch'. Basically, he does not separate the problem of Jongtong by one's social standings. The real situation involved can be different based on one's social standing, he readily acknowledges. Yet, 'the unchangeable ethical principle between the father and the son' would prevail over the same regardless of classes, he insists. This attitude of his is in line with his philosophy of proprieties and his practical guidance that proposes 'Seoin-Garyea' with an appeal to establish fundamental social order based on the practice of proper manners in accordance of one's social standing as he philosophizes the rules of Jongtong on the base of the one penetrating principle.

• Journal of Legislation Research
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• no.44
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• pp.757-799
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• 2013

Ever since Korea and Vietnam reestablished diplomatic relations, the two countries'bond has become stronger than ever, augmenting the range of exchange between them in almost every possible field including politics, economy, society, and culture at such a high speed. Among many, an increase in number of Vietnamese immigrant women in international marriage is worthy of close attention. Since 2010, Vietnamese has topped the proportion of total foreign women married to Korean men, having surpassed Chinese. Nonetheless, the quick international marriage between Korean men and Vietnamese women, which usually happens without sufficient time to get to know about different cultures and languages, has not only raised problems for people concerned, but numerous social issues as well. Recognizing these problems, a number of government departments have provided various support on policies and legal issues toprotect multicultural families as a means of social integration and settlement support. Nevertheless, the support policies until now have been generalizing all of the immigrant women in international marriage as people subject to protection. Thus, considering every immigrant women as people in need, and trying to help them with various social issues have caused the government a high cost and low efficiency. This thesis emphasizes the point that through the cases of Vietnamese immigrant women in international marriage, there should be a specific support plan for specific people in need, reflecting various traits of different cultures and societies, in order to ease their settlement in Korea. Moreover, it suggests detailed plans for improvements on legal and institutional problems. Although the Vietnamese government forbids commercial agents for international marriage, many of agencies are still active and to help the immigrant women, who desire to return and resettle in Vietnam in case of divorce, this thesis suggests legal and institutional remedies for Korean and Vietnamese government. The composition of the thesis follows below: Part II on social and cultural traits of international marriage between Korean men and Vietnamese women. Part III on institutional problems and plans for improvements regarding settlement of immigrant women in international marriage. Part IV on legal and institutional problems and plans for improvements regarding divorced immigrant women and their return to Vietnam. Part V on conclusion. Divorce is not a flaw anymore nowadays, but in case of Vietnamese immigrant women ininternational marriage, an inadequate legal system hampers their resettlement process. Cases of not being ableto remove their own names from the family register due to poor financial and legal abilities are often identified and it is both the Vietnamese and Korean governments'duty to acquit their ethical responsibilities by seeking ways to institutionally and financially support them.

• Journal of Korean Philosophical Society
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• v.137
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• pp.151-191
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• 2016

Kant and Lacan strongly criticized the epistemological premise of formal logic. However, Lacan was opposed to Kant in terms of subject, object, knowledge and truth. From the viewpoint of Kant's transcendental logic, formal logic does not have the ability to represent the nature of truth. On the other hand, from the viewpoint of Lacan's psychoanalytic logic, Kant's transcendental logic misunderstands or only partially represents the state of things. But I would like to try to criticize the epistemological premise of the two forms of logic. Transcendental logic takes the evident and new function in that it has studied the necessary condition of content rather than the form of thinking which formal logic considers as his object of study. Transcendental logic evidently studies the categories which dominate our way of thinking. Can we say that the 12 categories which Kant provided are sufficient in explaining the necessity of thinking? Lacan's psychoanalytic logics tells us that Kant's categories are only a kind of metaphor related with hypothesis that tries to explain the possibility of synthetical judge a priori. Is Lacan's psychoanalytic logic sufficient in explaining the possibility of science? It is not sufficient in explaining the objectivity and strictness of science, for it depends on metaphor and metonymy which are useful to literature and unconsciousness. I would like to try to synthesize Kant's transcendental and Lacan's psychoanalytic logic in terms of structure-constructivism which combines both formal and dialectical logic, which is consistent with the ideal of human science, and not blinkered science. My conclusion is that Kant's ethical and esthetical theory should be modified though Lacan's psychoanalytic logic, and Lacan's theory of the unconsciousness revised by Kant's transcendental logic.

• Korean Journal of Legislative Studies
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• v.22 no.2
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• pp.113-156
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• 2016

Media scholars take a lion stake in power circle. Not only do they take a part in media policies but seize prestigious positions like board members in Korea Communication Commission(KCC). Unfortunately, though, little has been known about who they are, what qualifications they have, and whether they meet public interests. This paper attempts to unveil the mechanism of those politicized intellectuals who are specialized on the media. Two categories divided into 'representative' and 'expertise' are employed for this purpose. On the one hand, the representative means the degree of committment into such public services as participation in conferences or non-profit organizations. On the other hand, the number of research articles, books and projects belong to the expertise. Evaluation levels consist of 'excellence, good and average' were allocated to those scholars who are(were) in 'Power Hole,' where decision makings come into being. Some interesting observations were made though this study. First of all, such criteria as representative and expertise vaguely suggested by the laws were hardly fit into those intellectuals, Rarely did they commit into public service let alone showing vigilance in academic activities. Secondly, both ideological loyalty and political activities in line with the government had much to do with taking such positions. Thirdly, not surprisingly, it showed that to graduate from Seoul National University and have Ph.D. degree from U.S.A. was one of the most essential factors. In final, most of them were very good at taking advantage of the press in way of boosting their publicity. To attend at policy making processes either in form of board members or advisers is inevitable for media experts. However, as shown in this study, such qualification of public service and academic eagerness shouldn't be underestimated. Academic integrity not selling intelligence solely for private interests needs to be protected as well. The authors hope this study to provide a valuable opportunity to establish a kind of ethical standards in participating into politics.

• Korea journal of population studies
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• v.11 no.2
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• pp.33-53
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• 1988

This study aimed at developing a desirable family planning policy and strategy by examining the current status of family planning practice in rural Korea and by indentifying the crucial factors which affect fertility control behavior. For this purpose, an analytical study was conducted, using the survey data collected in July 1985, on an interview basis, on 1, 440 married women living in the Soyi, Wonnam and Maingdong townships of Eumseong County(in North Chungcheong Province). This study population has the typical characteristics of rural areas, and the results of the analysis can be summarized as follows: 1. In regard to the demographic characteristics of the study population : their average age at marriage was 23.7, they had an average of 2.6 children( 1.3 boys, 1.3 girls) :10% experienced the death of their child (ren) :14% had spontaneous abortion(s) :4% weathered stillbirth(s) :35% went through induced abortion (s) : and 5.5% were currently pregnant. The average of their ideal numbers of children was 2.2, while 44% felt that they must have a son. 2. Looking at the contact rate with medical & health institutions, over the past 1 year, the visit rate to health subcenters was 43.7%, while 26.9% visited the (county) health center :59.6% had been to private clinics : and 41.5% went to the Soonchunhyang - Eumsung hospital : thus showing a relatively high rate of accessibility. 3. The utilization rate of family planning services was 76.5%, with tubectomy being the most prominent method at 52.3%, while the informants were health workers in 54.2% of the acceptors. Of the 8.4% who discontinued the use of contraceptive methods, only 26% did so due to want for pregnancy, natural infertility (meno - pause), or other reasons, while the remaining 74% stopped usage on account of side effects, failure in the methods themselves, and inconvenience of use, thus pointing to a situation where the proper choice of family planning methods have not yet been made. It can be noted that there is a strong motivation for early birth stopping as 35.3% practice family planning even with only one child, of which 38.3% have had sterilization operations. According to results of a multiple regression analysis, among the variables affecting contraception usage the most significant variable was the number of sons. 4. 34.8% experienced induced abortions. It was shown as a result of multiple regression analysis that the number of children and attitudes toward induced abortions extensively affected their frequency of abortions conducted. 5. In the regard to the relation between family planning and induced abortions, 33.7% of the women used both, while 52.0% of them used only the former(family planning), with only 1.4 % utilizing solely the latter(abortion), and 12.9% totally abstaining from fertility regulation : again, the discriminant analysis indicated that the choice of family planning and/or induced abortion was determined by the number of children and attitudes toward induced abortion. In view of the above mentioned results, the following are some comments and suggestions concerning problems related to the current family planning policies, in Korea : 1. It is difficult to expect a further quantitative expansion in family planning program operations, as there has been an excessive supply of target-oriented sterilization operations on women. From a maternal and child health care point of view, it will be desirable to have a diversification of service points in the future where family planning methods may be properly chosen, so that choices of methods which suit the mothers' characteristics and tastes may be made by the individuals themselves by strengthening their quality of family planning information services. 2. Along with the strengthening of the qualitative improvement of family planning services policies must be implemented to effectively promote the moral (ethical) deterrents to induced abortions and to preference for sons. From a maternal care standpoint, the social permissive norm toward induced abortion must be modified, and the bias towards son must be analyzed as the women with more daughters have a lower rate of family planning acceptance. Such changes in attitudes, however, can not be hoped to be accomplished with ad hoc policies, but will only be possible when an enhancement of the women's status(within the society) is brought about in a long - term perspective.

• (The) Research of the performance art and culture
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• no.36
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• pp.531-551
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• 2018

The educational trait that the arts and cultural education and dance strive for at a time when the ethical tasks of life is the experience for insight of life. The awareness of time entrusted with the intensity [depth] of artistic and aesthetic experience is to contain its implication with policy and system. In the policy territory, broad perception and strategy are combined and practiced to produce new implication. Therefore, on the basis of characteristics and spectrum persuaded at a time when the arts and cultural education and dance education are broadly expanded, the result of this study after taking a look at the role of dance education within the arts and cultural education is shown as follows. The value striving for by the culture and arts education and dance education is to structure the life form with the artistic experience through the art as the ultimate life description. This is attributable to the fact that the artistic trait structured with self-understanding and self-expression contains the directivity of life that is recorded and depicted in the process of life. The dance education in the culture and arts education has the trait to view the world with the dance structure as the comprehensive study as in other textbook or art genre under the awareness of time and education system category within the school system and it has diverse social issues combined as related to the frame of social growth and advancement outside of school. When taking a look at the practical characteristics (method) of dance based on the arts and cultural education business, it facilitates the practice strategy through dance, in dance, about dance, between dance with the artist for art [dance]. At this time, the approachability of dance is deployed in a program based on diverse artistry for technology, expression, understanding, symbolism and others and it has the participation of enjoyment and preference. In the policy project of the culture and arts education, the dance education works as the function of education project as an alternative model on the education system and it also sometimes works as the function for social improvement and development to promote the community awareness and cultural transformation through the involvement and intervention of social issues.

• Cross-Cultural Studies
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• v.52
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• pp.53-78
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• 2018

In the moral culture of the West, love and justice are two commands with roots in ancient times. One is the heritage of Hebraism, and the other belongs to the tradition of Hebraism and Hellenism. The two concepts are the most important virtues required for preserving stability in society. These two commands are compatible, in an exclusive relationship to each other. To ultimately seek their reconciliation, the precise concept analysis and understanding of each of them should be premised on, due to the multi-layered meaning of implications of the two concepts. To this end, we first have started with a lexical meaning and have done a conceptual analysis of what these two concepts are expressing. We have looked at Paul $Ric{\oe}ur$ in his interpretation of the discourse of love and justice. Finally, we looked at how these two concepts are narrated in literature. Through the literary works of Stendal, Albert Camus, and Dostoevsky, we have seen examples of literary configurations that have been embodied in life. In this way, through conceptual analysis, discourse analysis, and narrative analysis of the two concepts, the following conclusions were drawn. Love and justice were not a matter of choice. We could see coldness and unrealism of a society lacking love or with a problem of unclean love, through Stendhal's and Albert Camus' novels and their actual debate. In addition, in unclean paternalism, risk of the power of love blocking certain a certain touch of justice was also confirmed. So, it was necessary for a healthy future society to explore the possibility of the coexistence of love and justice. We confirmed the possibility of compatibility in a 'considerate balance' wherein the 'moral judgment in situation' is required, as Paul $Ric{\oe}ur$ expressed. This ideal situation may be realized when forms of love involving solidarity, mutual care, and compassion with pain like Dostoevsky are combined with the principle of distributional justice. When Albert Camus pursued justice and eventually faced reality and mentioned the need for mercy, he could have made a moral judgment based on this situation. In the end, love protects justice, and justice contributes to the realization of love. Justice reduces super-ethical love to moral categories, and love plays a role in enabling justice to exert its full force.