• (The)Study of the Eastern Classic
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• no.70
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• pp.119-156
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• 2018

Suk Dang Kim Sangjeong (1722-1788) was one of the Big Three Noron literati of the mid-18th century, and is an author worth taking note of in that he expressed the duty to pursue the Qin-Han gomoon-ron (古文論) more clearly and radically than anyone else. The literary debates that unfolded in the letters he exchanged with Ahn Doje (安道濟) and Sin Daejeon (申大傳) are the clues that may explain the continual development of Qin-Han gomoon-ron within Joseon. His gomoon-ron is a self-reflection of the Dang-Song gomoon-ron that continued as tradition in the Noron literati after Kim Changhyeop (金昌協), and also reflects his literary and periodical confidence. At the same time, he also makes a distinction with Qin-Han gomoon-ron set forth by the Seven Masters literature from the Ming Dynasty (前後七子) in that he takes precautions against plagiarism and emulation. It has rarely been shown that his sentences plagiarize and excessively cite the classics, or that he abstrusely elaborates sentences. He sorted through things of value worth recording and cleanly reenacted them based on the scenes and conversations, further, delivered applicable normative lessons through allegoric writing. This may be discussed as the portions that are possessed by the Qin-Han gomoon-ron that he pursued, and particularly that have the esthetic and contact point of historical prose. Kim Sangjeong's writing pursued the Qin-Han gomoon-ron of a prior era, and though distinguishable from authors of difficult writings, possesses unique characteristics that make it distinct from the Dang-Song gomoon-ron that focuses on argument. The direction of Kim Sangjeong's antiquarianism seeks after imperial loyalty, and is mutually intelligible with the artistic discourse of the Noron Cheongryu literati such as Lee Yunyeong, Kim Sangsuk, Lee Insang, and Hong Naksun who preferred archaeological finds and classical prose. While their literary tastes are a reflection of their conservative worldviews, they may also have been utilized as a foundation supporting their lives which were devoted to literature.

• Journal of Korea Trade
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• v.24 no.6
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• pp.19-36
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• 2020

Purpose - This paper analyzes how to interpret the legal view of the precedents to the UK Insurance Act 2015, comparing it to the UK Marine Insurance Act (MIA) 1906 with a focus on the relationship between the duty of uberrimae fidei and the duty of disclosure. Furthermore, this study focuses on the judgment of the Korean Supreme Court in a case, that examined whether the legal nature of the duty of disclosure or duty of uberrimae fidei in insurance law can be considered as a matter related to the insurer's liability when the applicable terms of English law are incorporated under the insurance contract. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The approach that is used toward this problem is the legal analytical normative approach. The juridical approach involves studying and examining theories, concepts, legal doctrines and legislation that are related to the problem. Findings - Regarding the requirements and effects of breach of the duty of disclosure, if English law and the Korean Commercial Act are handled differently from each other and Korean law is recognized as the applicable law outside of the insurer's liability, it may be whether the insurer's immunity under English law is contrary to s.633 of the Korean Commercial Act. In considering the breach of the duty of disclosure as a matter of the insurer's liability, even if English law is applied as a governing law, the question of how to interpret the agreement of the governing law in this case may also be raised in the interpretation of Korean International Private Law in relation to the applicable law that applies to the rest of the matter, excluding the matters of liability. Originality/value - According to the Korean Supreme Court judgement under the governing law of the MIA 1906, the basis for recognizing the assured's pre-and post-contractual duty of disclosure is separate, and the only important matters to be notified by the assured after the conclusion of the insurance contract are those that are "relevant" and "material circumstances" that are "relevant" to the matter in question after the conclusion of the insurance contract.

• Korean Journal of Clinical Laboratory Science
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• v.56 no.2
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• pp.156-162
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• 2024

Nerve conduction study (NCS) is an essential test for the diagnosis and follow-up of peripheral neuropathy. NCS can objectively quantify peripheral nerve function. NCS is affected by physiological factors such as height, age, body mass index, etc. Hence, the American Association of Neuromuscular & Electrodiagnosis Medicine (AANEM) is currently forming a Normal Data Task Force (NDTF) to present the normal value, but the number is significantly less. Currently, no research has been carried out on the correlation between nerve conduction speed and height and lower limb length in Koreans. Hence, this study sought to compare the nerve conduction velocity of the lower limbs according to the height and lower limb length. A total of 49 subjects were recruited. When the motor nerve conduction velocity and sensory nerve conduction velocity were compared according to the height and leg length, there was a statistically significant negative correlation of the peroneal and left tibial motor nerves with the height. Also, a statistically significant negative correlation was observed with the superficial peroneal sensory nerve and the sural nerve and the leg length. However, in this study, all the subject are in twentys age, whereas the NDTF is divided by age. Hence, additional studies involving subjects of various age groups are needed.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.85-124
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• 2016

The Human gene testing act (GenDG) in Germany starts from the characteristic features of gene testing, i.e. dualisting structure consisted of anlaysis on the one side and the interpretation on the other side. The linguistic distincion of 'testing', 'anlaysis' and 'judgment' in the act is a fine example. Another important basis of the regulation is the ideological purpose of the law, that is information autonomy. The normative texts as such and the founding principle are the basis of the classification of testing types. Especially in the case of gene testing for medical purpose is classified into testing for diagnostic purpose and predictive purpose. However, those two types are not always clearly differentiated because the predictive value of testing is common in both types. In the legal regulation of gene testing it is therefore important to manage the uncertainty and subjectivity which are inherent in the gene-analysis and the judgment. In GenDG the system ensuring the quality of analysis is set up and GEKO(Commity for gene tisting) based on the section 23 of GenDG concretes the criterium of validity through guidelines. It is also very important in the case of gene testing for medical purpose to set up the system for ensurement of procedural rationality of the interpretation. The interpretation of the results of analysis has a wide spectrum because of the consistent development of technology on the one side and different understandings of different subjects who performs gene testings. Therefore the process should include the communication process for patients in oder that he or she could understand the meaning of gene testing and make plans of life. In GenDG the process of genetic counselling and GEKO concretes the regulation very precisely. The regulation as such in GenDG seems to be very suggestive to Korean legal polic concerning the gene testing.

• 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.