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A Study on the Protection of Personal Information in the Medical Service Act (의료법의 개인정보보호에 관한 연구)

  • Sung, Soo-Yeon
    • 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.

Study on the Legal Policy for Restitution of Illegally Exported Cultural Properties in Foreign Countries (해외 소재 불법 문화재의 환수를 위한 법정책적 연구)

  • Song, Ho-Young
    • Korean Journal of Heritage: History & Science
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    • v.48 no.4
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    • pp.24-43
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    • 2015
  • Since 2011, when Oegyujanggak Uigwe(Records of the State Rites of the Joseon Dynasty) were returned from France, which were looted in 1866 by the French Navy, national attention to our cultural properties abroad was explosively increased and public pressure has been mounting that those cultural properties should be returned in Korea. According to the statistics of "Overseas Korean Cultural Heritage Foundation" Korean cultural Properties, which exist in foreign countries, amounts 160,342 in total 20 countries. Among them about half of them are estimated to be illegally exported cultural property, these are to be restituted. However, in reality it is not so easy to restitute illegally exported cultural properties. For this, it needs to be established a long-term and systematic plan for return of cultural properties from other countries. This paper starts from such a critical mind and tries to find legal policy measures for the return of illegally exported cultural properties. To this end, the author first describes motive and aim of this research in chapter I. and overviews basic understanding and current situation of export of cultural property as well as means and methods of return of cultural property in chapter II. and then deals with international and national norms that are involved in the dispute concerned return of cultural properties in chapter III. Based on this research, in chapter IV., which can be considered as a key part of this paper, the author proposed nine legal policy measures for restitution of cultural properties from foreign countries. That is, actual condition survey of cultural properties in foreign countries, unified management and implement of export ID on cultural properties, fund-raising for the diversification of means of return of cultural properties. local utilization of cultural properties, joining in the multilateral conventions and expansion of the bilateral agreements, restitution and cooperation through international organizations, restitution through lawsuit and arbitration, training experts on restitution of cultural property and networking with foreign experts. Finally, the author summarized his opinion in chapter V. which comprehended researching the above.

A Study on the Cultural Landscapes of Scenic Sites on 『Joseon myeongseungsiseon(朝鮮名勝詩選)』 at the Japanese Colonial Period - A Case of Cheonan, Chungnam Province - (일제강점기 『조선명승시선(朝鮮名勝詩選)』에 나타나는 명승고적의 문화경관 연구 - 충청남도 천안을 사례로 -)

  • Lee, Hang-Lyoul
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.37 no.2
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    • pp.40-53
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    • 2019
  • This study was conducted to investigate the changes in Scenic Spots by utilizing the "Sinjeungdonggukyeojiseungram(新增東國輿地勝覽)" and "Joseonhwanyeoseungnam(朝鮮?與勝覽)" to interpret "Joseonmyeongseungsiseon(朝鮮名勝詩選, 1915)". By examining the historical context when "Joseonmyeongseungsiseon" was published, it documented the Japanese's memories of 'Sino-Japanese War(淸日戰爭)' in 1894, which implies the 'policy of assimilation' by the Japanese Government-General of Korea after the Japanese annexation of Korea(1910). Detailed information about the author 'Narushima Sagimura(成島鷺村)' can be found in preface. In the "Joseonmyeongseungsiseon", it dedicates most of the part in describing the Scenic Spot especially in 'Anseong Do (15 lines)', where has the memories of war such as the 'First Sino-Japanese War'. The number of Scenic Spots, commonly mentioned in both "Sinjeungdonggukyeoji seungram" and "Joseonhwanyeoseungnam" in Cheonan province are 13 in total. Most of the content contains a similar structure. But 'Honggyeongwon(弘慶院)' and 'Seonghwanyeok(成歡驛)' has both the common Joseon Dynasty landscape point of view, and the additional historical context which are about the 'Jeongyujaeran(丁酉再亂)' or 'First Sino-Japanese War' consequently enlightens the 'placeness' of the Scenic Spots. Among the newly described Scenic Spots, 'Anseongdo(安城渡)' is the part that focuses on the memory of the 'Anseongcheon Battle' that gave Japan its first defeat in the Sino-Japanese War. Especially, by introducing the poetry of 'Sinobu Shunpei' it maximizes the appreciation through emphasizing the direct correlation between placeness and the poem itself. While the Joseon Dynasty poems are 10 pieces in total and their title and the subject matters are all related to historical spots, and the appreciation also maximizes when fully interpreted with understanding the historical context. However, it's contextual meanings are neglected by dividing the actual structures into separate pages. When looking at the location of famous historic sites, they come in many different types, considering the location, meaning, size, and conditions surrounding them. It appears as a service space for travelers, a place for sightseeing, relaxation or return, a temple space for paying respects or memorial services, a fortress facility for defense and protection, or a fishing area for wages, and an old battlefield. Especially, it is noted that the area is diverse as the cultural landscape of Cheonan, given that the battle space between the hermitage and the Donghangnongmin(東學農民) is shared with each other. It is necessary to establish policies for the preservation and restoration of local cultural assets based on these points in the future.

Evaluation of the Economic Value of Potential Ecosystem Services of Unexecuted Urban Planning Facilities - Focused on Urban Green Spaces and Urban Forests in Seoul - (미집행 도시계획시설의 잠재적 생태계 서비스 가치평가 - 서울시 공원 및 녹지를 중심으로 -)

  • Park, Jin-Han;Kim, Song-Yi;Heo, Han-Kyul
    • Journal of the Korean Institute of Landscape Architecture
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    • v.47 no.4
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    • pp.24-32
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    • 2019
  • According to the Ministry of Land, Infrastructure, and Transport, the total area of unexecuted urban planning facilities in Korea is about $1,257km^2$, of which 47% is the unexecuted urban green space and forests. In the case of Seoul, the total area of unexecuted urban planning facilities is about $66km^2$, which is 5.24% of the total unexecuted area in the entire country. In Seoul, approximately 88% of the total unexecuted area is urban green space and forests, which is higher than the national rate. About 92% of the unexecuted urban planning facilities are long-term unexecuted urban planning facilities that are more than 10 years old. This study assessed the economic value of potential ecosystem services, focusing on the regulation service, supporting service, and cultural service, for urban green space and forests of unexecuted urban planning facilities in Seoul by using meta-regression analysis. As a result, the value of the regulation service provided by the urban green space and forests in Seoul was about 16.39 billion KRW, the value of the supporting service was about 5.8 billion KRW, and the cultural service value was about 7.78 billion KRW. The total value of ecosystem services is about 33.93 billion KRW. The values of regulation service and cultural service were the highest, and that was attributed to the characteristics of the downtown area. The significance of this study is to evaluate the value of ecosystem services for unexecuted urban planning facilities in Seoul. The results of this study can be used not only in the process of urban planning or policymaking but also land compensation methods applying the concept of an ecosystem service payment system.

The discovery of the 'traditional dance' of modern Japan - mainly on Urayasu-no-mai Dance - (일본 근대 '전통춤'의 발견 - 우라야스무(浦安の舞)를 중심으로 -)

  • Nam, Sung-Ho
    • (The) Research of the performance art and culture
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    • no.33
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    • pp.243-271
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    • 2016
  • When an aggressive war reached at the climax in 1940, a commemorative event called celebration' was held on a large scale in Japan for 'beginning former 2,600 years. It was performed for the policy that was going to break off the fatigue that was tired for nation dissatisfaction and war for the politics. I considered Urayasu-no-mai Dance played as part of a celebration event in a Shinto shrine of the all over Japan how was created and spread by this article Urayasu-no-mai Dance was created newly and was played in Shinto shrines of the whole country. The Urayasu-no-mai Dance was created based on Gagaku and Miko Mai (shrine maiden's dance) that has been read aloud not to go out of the ancient times. It was created in the situation of the war and spread and was spread. It will be said that Urayasu Dance is a typical example of 'forged traditional'. Urayasu Dance is a tradition made at modern time and remains for an unfortunate inheritance used again by the advertising tool of the national ideology. The Urayasu-no-mai Dance is expanded more now, without enough consideration about the historic procession other words, It played under a strong-arm society atmosphere is placed as new folk performing arts all too soon. In the complicated world situation at the time, Urayasu-no-mai Dance that emphasized a Japanese tradition for the inside and outside were spread. Urayasu-no-mai Dance created in modern times substitutes a traditional shaman dance, and there is even the tendency that ritual performing arts peculiar to each local Shinto shrine is unified to Urayasu-no-mai Dance. Such a movement shows a new aspect of the culture power that social turning to the right in Japan is not unrelated to becoming it. It is a traditional reinvention, or do you forge the tradition? I examined a process of a process and the spread of traditional creation produced consistently.

District 9 : Science Fiction as Social Critique (<디스트릭트 9> 사회비평으로서의 공상과학)

  • Cho, Peggy C.
    • Cross-Cultural Studies
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    • v.42
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    • pp.505-524
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    • 2016
  • This study examines the ways District 9, a film released in 2009, reworks the sci-fi genre to explore the human encounter with "other" alien populations. Like Avatar, released in the same year, District 9 addresses the tropes of conflict over land and human-alien hybridity and introduces non-humans and aliens, not as invaders, but as objects of human oppression and cruelty. Unlike many other science fiction films where the encounter between humans and non-humans occurs in an unidentifiable future time and location, District 9 crosses genre barriers to engage with urban realism, producing a social critique of contemporary urban population problems. The arrival of aliens in District 9 occurs as part of the recorded human past and the film's action is carried out in the present time in the specifically identified city of Johannesburg. A distinctly anti-Hollywood film that locates the action at the street level, District 9 plays out human anxieties about contact with others by referencing the divisions and conflicts historically attached to South Africa's sprawling metropolis and its current problems of urban poverty and illegal immigrants. Focusing on how this particular urban setting frames the film, the study investigates the ways Blomkamp's sci-fi film about extra-terrestrials presents a curious postcolonial mix of aliens and immigrants surviving in abject conditions in an urban slum and forces a realistic examination of the contemporary social problems faced by South Africa's largest city and by extension other major global cities. The paper also examines the film's representation of the human-alien hybrid and its potential as a force to resist human exploitation of the other. It also claims that though the setting is highly local, District 9 speaks to a wider global audience by making obvious the exploitative practices of profit-seeking multinationals. A sci-fi film that is keen on making a social commentary on urban population conflicts, District 9 resonates with the wider sense of insecurity and fear of others that form the horizon of the uncertain and potentially violent contemporary human world.

The Establishment of Labor Archive and Its New Development Strategy : An Attempt to Build Participatory Archive of the Institute of Labor History in SKHU (노동아카이브의 형성과 발전방향 모색 성공회대 노동사연구소의 '참여형 아카이브' 시도를 중심으로)

  • Lee, Chongkoo;Lee, Jaeseong
    • The Korean Journal of Archival Studies
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    • no.41
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    • pp.175-212
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    • 2014
  • In 2001 a large amount of labor record have been donated from Jeontaeil Labor Archive-Institute to SungKongHoe University(SKHU). Institute of Labor History in SKHU was established in the wake of the installation of the labor archive. Development of oral archive raised the awareness of the various relationships between the use and production of labor record. Interviewees of oral testimony expressed dissatisfaction and the role of the researchers was not sufficiently exhibited. Examining the main cases of Korea union movement history, we can find contradictions between the use and production of labor record clearly. Interval of interpretation and memory was too big between the parties of 'democratic' union movement in the 1970s. While among the parties who took part in Guro Alliance Strike of 1985, there is a group that remains in the "winner" in history on the one hand, but "loser" on the other without any reasonable criterion. Active intervention of the record users(researchers) is very limited. Among citizens or workers how will be resolved such "struggle of memory" in due process can not be seen. This is one of the reasons why labor archive is not rooted in the region. In this paper, I present a methodological alternatives for the production and use of records through the construction of participatory labor archive. Further, the reconstituted contents of the "documenting locality" strategy by complementing the theoretical part of the method of participation. The study of local and locality requires a "scale" dimension that will make up the identity recognition space, a memory and identity, a social relationship rather than the dimension of the physical space. Alternative "documenting locality" strategy will be able to contribute to solve the problems that occur between the production and use of the recording in labor archive.

Comparative Study on the Essence and Features of Gabsagugok and Yongsangugok Wonlim(園林) in Mt. Gyeryong (계룡산 갑사구곡과 용산구곡 원림의 실체 및 특성)

  • Rho, Jae Hyun;Kim, Yeon
    • Korean Journal of Heritage: History & Science
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    • v.44 no.1
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    • pp.52-71
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    • 2011
  • This study was initiated with the intent to consider the features of Gugokwonlim and to compare Gabsagugok(甲寺九曲) to Yongsangugok(龍山九曲) against the backdrop of Mt. Gyeryong by revealing their nature and confirming the names and exact locations. A literature review, interviews with local people and field studies confirmed that Gabsagugok and Yongsangugok are each composed of 9 seasonal features. The former is made up of Yongyuso(龍遊沼) - Iilcheon(二一川) - Baengnyonggang(白龍岡) - Dalmuntaek(達門澤) - Geumgyeam(金鷄?) - Myeongwoldam(明月潭) - Gyemyeongam(鷄鳴巖) - Yongmunpok(龍門瀑) - Sujeongbong(水晶峰) while the latter is made up of Simyongmun(尋龍門) - Eunnyongdam(隱龍潭) - Waryonggang(臥龍剛) - Yuryongdae(遊龍臺) - Hwangnyongam(黃龍岩) - Hyeollyongso(見龍沼) - Ullyongtaek(雲龍澤) - Biryongchu(飛龍湫) - Sillyongyeon(神龍淵). Both Gabsagugok and Yongsangugok are part of Gugokwonlim built in the valleys of Mt. Gyeryong in the late Joseon Dynasty by Byeoksu Yun Deok-yeong (1927) and Chwieum Gwon Jun-myeon (1932), respectively, with a 5 year difference. Gabsagugok was supposedly designed to reflect an individual taste for the arts and to admire principles of Juyeok (ch. Zhouyi) and the beauty of nature. On the contrary, Yongsangugok appears to be the builder's expression of his longing for independence day, likened to the life of a dragon after receiving the sad news of Japan's annexation of Korea. Such differences show that these two builders had very different intentions from one another. The letters of Gabsagugok have a semi cursive style and were deeply engraved on the rock in a square shape. Consequently they have not been worn away except for those in Yongyuso, the first Gok. In contrast, the letters in Yongsangugok have an antiquated, cursive-Yija style but because they were engraved relatively lightly, serious wear and damage occurred. In terms of location, Gabsagugok was built around Ganseongjang adjacent to the 5th Gok while Yongsangugok was set up around the 5th Gok, Hwangnyongam. Meanwhile, the important motif which forms the background of Gabsagugok seemingly highlights the geographic identity of Mt. Gyeryong using the dragon and the chicken as themes. It also appears to symbolize the principles of Juyeok focusing on Kan of the Eight Trigrams for divination; this requires an in-depth study for confirmation. The main motif and theme of Yongsangugok is the dragon. It infuses the builder's intentions in Sangsinri Valley by communicating with nature through a story of a dragon's life from birth to ascension. It is assumed that he tried to use this story to express his hope for restoring the national spirit and reconstructing the country.

The Real States of Affairs and Features of Fortune-Telling in Gwang-Ju (광주 점복(占卜)문화의 실상과 특징)

  • Pyo, In Ju
    • Korean Journal of Heritage: History & Science
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    • v.43 no.4
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    • pp.4-23
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    • 2010
  • Danggol, in other words the hereditary shaman, is a person who is performing the Gut(the Korean shamanistic ritual) as the job but fortuneteller simply tells someone's fortunes. Nowadays most of fortunetellers think their works are wholly managed the Gut as the holy jobs. But Generally this kinds of jobs, we think it is lower than ordinary people's level of education in the korea. Actually we can meet eleven fortunetellers who have a college diploma out of them, so we can know that their education's level is increasing gradually. On the other hand a house of fortunetellers is the place where can lead the way of our lives in the method of seeing one's past life or making predictions of someone's coming events etc. Gradually this place seems to be separated with a private home, so the most of them is managing as the monthly rent. Consequently this houses are heavily located at the Gyerim five-way crossing, the Yang-dong Dakjeonmeory street, Jungheung-dong local culture street area. Each fortunetellers have the different ways of fortune-telling because this methods are decided by their one's characters. So their fortune-telling time and its time required for a task is far different. The methods of telling it is very much different in accordance with the learning fortuneteller or spiritualistic fortuneteller. But the process of fortune-telling is common like as a preparatory stage, carrying a Jumsa(fortune-telling) stage and acting by a Jumsa stage. These steps are sequential but linked together. There are six special features of fortune-telling culture in Gwang-Ju. 1. The role of a fortuneteller and Bosal(spirit-descended shaman) runs at the same time. 2. The house of fortune-telling is doing Gutdang(ritual house)'s works. 3. Its location are heavily collectivized at the specific districts. 4. The learning fortuneteller are increasing gradually. 5. The youth are growing use in the fortune-telling house. 6. There are many person that are visiting this house because of individual problems not their family's problems.

The Character of Bogamni group and trends in the surrounding area seen through the stone chamber (석실로 본 나주 복암리 세력과 주변 지역의 동향)

  • Kim, Nak jung
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.44-67
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    • 2016
  • This article studied the character of Bogamri group and trends in the surrounding area through recently excavated stone chambers. The first type of stone chamber constructed at Bogamni cemetry was Northen Kyushu style stone chamber tomb with corridor. However, According to recent survey Wa style vertical stone lined tomb had constructed earlier than these stone chamber along the southwest cost. It is likely that the background of these Wa style stone tomb was the beginning of formal diplomatic relations between Baekje and Wa. At first, grave goods as well as burial had been Wa style, but gradually local burial element and mortuary practices added. And large tomb had beginning to appear. The representative tombs are Yeongam Okyari Jangdong tomb and Naju Gaheugni Shinhueng tomb. They were built in the middle of the fifth century. It is most likely that the location was selected with regard to the use or securing of inland waterway. But the next step, Yeongsangang river style stone chamber with corridor had constructed at Jeongchon tomb. That tomb is very close to Bogamni tombs and structure and grave goods are very similar also. So these two groups were considered to be the same community. Hereby, It is believed that the inland waterway using power had been turned over to Bogamni group. Bogamni group had constantly constructed stone chamber until seventh century. This represent that Bogamni group had thrived as a leading force in the Yeongsangang river basin. After under the direct control of Baekje, Bogamni group had continued the close relationship with Wa. For this reason, Bogamni group had influenced southwest cost as well as Yeongsangang river basin. It can be estimated by the Bogamni style stone chamber founded at islands of Shinan.