• Title/Summary/Keyword: Public philosophy

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Legislative Study on the Mitigation of the Burden of Proof in Hospital Infection Cases - Focusing on the revised Bürgerliches Gesetzbuch - (병원감염 사건에서 증명책임 완화에 관한 입법적 고찰 - 개정 독일민법을 중심으로 -)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.159-193
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    • 2015
  • Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

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Simulation and Post-representation: a study of Algorithmic Art (시뮬라시옹과 포스트-재현 - 알고리즘 아트를 중심으로)

  • Lee, Soojin
    • 기호학연구
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    • no.56
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    • pp.45-70
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    • 2018
  • Criticism of the postmodern philosophy of the system of representation, which has continued since the Renaissance, is based on a critique of the dichotomy that separates the subjects and objects and the environment from the human being. Interactivity, highlighted in a series of works emerging as postmodern trends in the 1960s, was transmitted to an interactive aspect of digital art in the late 1990s. The key feature of digital art is the possibility of infinite variations reflecting unpredictable changes based on public participation on the spot. In this process, the importance of computer programs is highlighted. Instead of using the existing program as it is, more and more artists are creating and programming their own algorithms or creating unique algorithms through collaborations with programmers. We live in an era of paradigm shift in which programming itself must be considered as a creative act. Simulation technology and VR technology draw attention as a technique to represent the meaning of reality. Simulation technology helps artists create experimental works. In fact, Baudrillard's concept of Simulation defines the other reality that has nothing to do with our reality, rather than a reality that is extremely representative of our reality. His book Simulacra and Simulation refers to the existence of a reality entirely different from the traditional concept of reality. His argument does not concern the problems of right and wrong. There is no metaphysical meaning. Applying the concept of simulation to algorithmic art, the artist models the complex attributes of reality in the digital system. And it aims to build and integrate internal laws that structure and activate the world (specific or individual), that is to say, simulate the world. If the images of the traditional order correspond to the reproduction of the real world, the synthesized images of algorithmic art and simulated space-time are the forms of art that facilitate the experience. The moment of seeing and listening to the work of Ian Cheng presented in this article is a moment of personal experience and the perception is made at that time. It is not a complete and closed process, but a continuous and changing process. It is this active and situational awareness that is required to the audience for the comprehension of post-representation's forms.

Research on the Measures and Driving Force behind the Three Major Works of Daesoon Jinrihoe in North Korea in Case of the Respective Types of Unification on the Korean Peninsula (한반도 통일 유형별 북한지역의 대순진리회 3대 중요사업 추진 여건과 방안 연구)

  • Park, Young-taek
    • Journal of the Daesoon Academy of Sciences
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    • v.39
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    • pp.137-174
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    • 2021
  • The main theme of this paper centers on how to promote Three Major Works of Daesoon Jinrihoe, charity aid, social welfare, and education projects, during the unification period. Determining the best methods of promotion is crucial because the Three Major Works must be carried out after unification, and the works must remain based on the practice of the philosophy of Haewon-sangsaeng (the Resolution of Grievances for Mutual Beneficence). The idea of Haewon-sangsaeng is in line with the preface of the U.N. Charter and the aim of world peace. North Korean residents are suffering from starvation under their devastated economy, which is certain to face a crisis of materialistic deficiency during reunification. In this study, the peaceful unification of Germany, unification under a period of sudden changes in Yemen, and the militarized unification of Vietnam were taken as case studies to diagnose and analyze the conditions which would affect the implementation of the Three Major Works. These three styles of unification commonly required a considerable budget and other forms of support to carry out the Three Major Works. Especially if unification were to occur after a period of sudden changes, this would require solutions to issues of food, shelter, and medical support due to the loss of numerous lives and the destruction of infrastructure. On the other hand, the UNHCR model was analyzed to determine the implications of expanding mental well prepared and sufficiently qualified professionals, reorganizing standard organizations within complex situations, task direction, preparing sufficient relief goods, budgeting, securing bases in border areas with North Korea, and establishing networks for sponsorship. Based on this, eight detailed tasks in the field of system construction could be used by the operators of the Three Major Works to prepare for unification. Additionally, nine tasks for review were presented in consideration of the timing of unification and the current situation between South and North Korea. In conclusion, in the event of unification, the Three Major Works should not be neglected during the transition period. The manual "Three Major Works during the Unification Period" should include strategic points on organizational formation and mission implementation, forward base and base operation, security and logistics preparation, public relations and external cooperation, safety measures, and transportation and contact systems.

A Study on the Future Prospect for Establishing the True Donghak Phase of Daesoon Thought (대순사상의 참동학 위상정립을 위한 미래관 연구)

  • Kim, Yong-hwan
    • Journal of the Daesoon Academy of Sciences
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    • v.29
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    • pp.1-36
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    • 2017
  • The purpose of this article is to investigate the future prospects for establishing the True Donghak phase of Daesoon Thought. The True Donghak refers to 'the future prospect of having a true life, true thinking, and true living' in which enjoying the world in a state of good fortune became a true reality after the death of Suwun, according to faith in Gucheon Sangje. The correlation between "Attending to the Lord of Heaven" in Donghak, and "The Reordering Works of Heaven and Earth" in Daesoon shows the prospect of achieving the Daesoonist transformation into energy to gain true life and re-creation. The correlation between "Nourishing the Lord of Heaven" in Donghak and "Attending to Study and Attending to Law" in Daesoon show the transformation of Daesoon-reason into true thinking and renewing. The correlation between "Humanity is Divine" in Donghak and "The Salvation of Humanity is the Will of Heaven" in Daesoon show transformation into the practice of Daesoon for the true living and renewing. This investigation utilizes the literature review and the generation theory of life-philosophy to examine revelations regarding the conversation between Spirit and Mind. This is the future prospect for the establishing the True Donghak phase of Daesoon thought. It consists of a threefold connection among life, thinking, and living. The "public-centered spirituality of Daesoon Truth" which connects and mediates among people appears in three aspects. Firstly, it is thought to be the vision of the true life through the 'renewal of active, energetic power' bestowed by Gucheon Sangje. Secondly, it is thought to be the vision of true thinking through the "renewal via freedom from delusion". Thirdly, it is thought to be the vision of true living through the "renewal of true mind". To bring about the creation of true Donghak, Gucheon Sangje incarnated to the Korean peninsula instead of Suwun and the salvation of the world salvation now centers on Korea with regards to the threefold connection future prospect. Gucheon Sangje's revelation addresses and solves the postscript problem of Chosun and further establishes a Utopia. Suwun established Donghak but failed later on due to his lankiness. At last the true Donghak has been opened for the future by Gucheon Sangje and Jeongsan's fifty years of religious accomplishments. In the long run, it has been developed further by Woodang's Daesoon Jinrihoe.

A Servicism Model of the New Legal System (서비스주의 법제도 구조와 운용 연구)

  • Hyunsoo Kim
    • Journal of Service Research and Studies
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    • v.11 no.4
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    • pp.1-20
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    • 2021
  • This study was conducted to derive a model of the legal system that is the basis for realizing the service economy, political administration, and social education system. Based on the experience of mankind's legal system operation in the historical era for the past 5,000 years, a legal system model that will make the future human society sustainable has been established. The problems of the current legal system were analyzed at the fundamental level. The root cause of injustice and unfairness was analyzed and a new legal system was designed. Through the legal systems of various national societies that have been attempted in the history of mankind, the structure of the legal system that is desirable for the modern society was designed. Human society, which has experienced how much good legal system has been and is being abused by human irrationality and nonsense, needs to make an effort to change the legal system paradigm itself by learning lessons from failure. This study derives the basis for a legal system that can realize justice and a fair society in the long term. It proposed a model for improving the legal system that allows human society to be happy for a long time. To this end, the fundamental role of the legal system was analyzed at the ideological level and the problems of the current legal system were presented. In addition, the problem of fundamental assumptions about human nature was analyzed and improved assumptions were presented. The structural system of the current legal system was analyzed and a new structure was proposed. In addition, a plan for the operation of a new legal system based on a new structure was suggested. The new legal system was named servicism system. This is because it is a model centered on thorough checks and balances between all opponents, not a simple linear one-dimensional legal system, but a multidimensional legal system, and because it is a viewpoint that clearly recognizes both human reason and desire. The new system is a model that reflects the confrontation between the rule of law and the non-law rule and the confrontation between the power people and the general public. A follow-up study is needed on a concrete plan for transitioning from the current legal system to a new legal system.

A Study on the Human Mind and Moral Mind Theory in Daesoon Thought (대순사상의 인심도심론(人心道心論) 연구)

  • Park Byung-mann
    • Journal of the Daesoon Academy of Sciences
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    • v.47
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    • pp.139-172
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    • 2023
  • This study aims to look into the concept of Human Mind and Moral Mind and the issue of their axiological interpretation in Daesoon Thought. In the Song dynasty, the concept of the Human Mind and Moral Mind was understood as indicating two aspects of the universal Human Mind. Discourse on this theory was undertaken by scholars such as Cheng Yichuan (程伊川), Su Shi (蘇軾), and Zhu Xi (朱熹). The differences between the Human Mind and Moral Mind were interpreted as issues of cultivation. The discussion of the Human Mind and Moral Mind were established through a systematic theory by Zhu Xi, and this developed into various forms of discourse and ideological stances thereafter. One of the most important issues of the Human Mind and Moral Mind theory was its axiological interpretation, which was divided largely into three patterns. One was to interpret the Human Mind and Moral Mind as evil and good respectively (proponents included Cheng Yichuan and Zhu Xi in his early theories), the other one saw them as value-neutral and good (proponents included Zhu Xi, Toegye 退溪, and Yulgok 栗谷), and the last one interpretation held them as pre-evil and pre-good (Dasan 茶山). As the Human Mind and Moral Mind can be seen as a universal human issue, the examination of those patterns in the Confucian tradition would be meaningful for understanding the Human Mind and Moral Mind as a theoretical base in Daesoon Thought. In Daesoon Thought, the Human Mind and Moral Mind are defined as private and public respectively, but no further explanation is provided regarding these items. If we infer by considering the two in the light of the overall ideology and values that Daesoon Jinrihoe pursues, the Human Mind can be said to represent basic biological desires such as clothing, food, and sexual satisfaction all of which are human vital activities needed for the preservation of the human race. The Moral Mind can be seen as a mind that is set upon practicing morality and realizing the ideological aims of 'supporting the nation and comforting the people,' 'vast saving all creatures,' and achieving 'harmony and peace for humankind.' However, the conscience and the selfish mind, which are related axiologically to the Human Mind and the Moral Mind, are defined respectively as good and evil and explained in a relatively systematic way which includes conceptual claims and details on the origin of these aspects of mind. The reason why the discussions of the conscience and selfish mind are more systematically described than the Human Mind and Moral Mind seems to be that issues relating to the conscience and selfish mind are more directly applicable to matters of religious doctrine.

A Study Concerning Health Needs in Rural Korea (농촌(農村) 주민(住民)들의 의료필요도(醫療必要度)에 관(關)한 연구(硏究))

  • Lee, Sung-Kwan;Kim, Doo-Hie;Jung, Jong-Hak;Chunge, Keuk-Soo;Park, Sang-Bin;Choy, Chung-Hun;Heng, Sun-Ho;Rah, Jin-Hoon
    • Journal of Preventive Medicine and Public Health
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    • v.7 no.1
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    • pp.29-94
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    • 1974
  • Today most developed countries provide modern medical care for most of the population. The rural area is the more neglected area in the medical and health field. In public health, the philosophy is that medical care for in maintenance of health is a basic right of man; it should not be discriminated against racial, environmental or financial situations. The deficiency of the medical care system, cultural bias, economic development, and ignorance of the residents about health care brought about the shortage of medical personnel and facilities on the rural areas. Moreover, medical students and physicians have been taught less about rural health care than about urban health care. Medical care, therefore, is insufficient in terms of health care personnel/and facilities in rural areas. Under such a situation, there is growing concern about the health problems among the rural population. The findings presented in this report are useful measures of the major health problems and even more important, as a guide to planning for improved medical care systems. It is hoped that findings from this study will be useful to those responsible for improving the delivery of health service for the rural population. Objectives: -to determine the health status of the residents in the rural areas. -to assess the rural population's needs in terms of health and medical care. -to make recommendations concerning improvement in the delivery of health and medical care for the rural population. Procedures: For the sampling design, the ideal would be to sample according to the proportion of the composition age-groups. As the health problems would be different by group, the sample was divided into 10 different age-groups. If the sample were allocated by proportion of composition of each age group, some age groups would be too small to estimate the health problem. The sample size of each age-group population was 100 people/age-groups. Personal interviews were conducted by specially trained medical students. The interviews dealt at length with current health status, medical care problems, utilization of medical services, medical cost paid for medical care and attitudes toward health. In addition, more information was gained from the public health field, including environmental sanitation, maternal and child health, family planning, tuberculosis control, and dental health. The sample Sample size was one fourth of total population: 1,438 The aged 10-14 years showed the largest number of 254 and the aged under one year was the smallest number of 81. Participation in examination Examination sessions usually were held in the morning every Tuesday, Wenesday, and Thursday for 3 hours at each session at the Namchun Health station. In general, the rate of participation in medical examination was low especially in ages between 10-19 years old. The highest rate of participation among are groups was the under one year age-group by 100 percent. The lowest use rate as low as 3% of those in the age-groups 10-19 years who are attending junior and senior high school in Taegu city so the time was not convenient for them to recieve examinations. Among the over 20 years old group, the rate of participation of female was higher than that of males. The results are as follows: A. Publie health problems Population: The number of pre-school age group who required child health was 724, among them infants numbered 96. Number of eligible women aged 15-44 years was 1,279, and women with husband who need maternal health numbered 700. The age-group of 65 years or older was 201 needed more health care and 65 of them had disabilities. (Table 2). Environmental sanitation: Seventy-nine percent of the residents relied upon well water as a primary source of dringking water. Ninety-three percent of the drinking water supply was rated as unfited quality for drinking. More than 90% of latrines were unhygienic, in structure design and sanitation (Table 15). Maternal and child health: Maternal health Average number of pregnancies of eligible women was 4 times. There was almost no pre- and post-natal care. Pregnancy wastage Still births was 33 per 1,000 live births. Spontaneous abortion was 156 per 1,000 live births. Induced abortion was 137 per 1,000 live births. Delivery condition More than 90 percent of deliveries were conducted at home. Attendants at last delivery were laymen by 76% and delivery without attendants was 14%. The rate of non-sterilized scissors as an instrument used to cut the umbilical cord was as high as 54% and of sickles was 14%. The rate of difficult delivery counted for 3%. Maternal death rate estimates about 35 per 10,000 live births. Child health Consultation rate for child health was almost non existant. In general, vaccination rate of children was low; vaccination rates for children aged 0-5 years with BCG and small pox were 34 and 28 percent respectively. The rate of vaccination with DPT and Polio were 23 and 25% respectively but the rate of the complete three injections were as low as 5 and 3% respectively. The number of dead children was 280 per 1,000 living children. Infants death rate was 45 per 1,000 live births (Table 16), Family planning: Approval rate of married women for family planning was as high as 86%. The rate of experiences of contraception in the past was 51%. The current rate of contraception was 37%. Willingness to use contraception in the future was as high as 86% (Table 17). Tuberculosis control: Number of registration patients at the health center currently was 25. The number indicates one eighth of estimate number of tuberculosis in the area. Number of discharged cases in the past accounted for 79 which showed 50% of active cases when discharged time. Rate of complete treatment among reasons of discharge in the past as low as 28%. There needs to be a follow up observation of the discharged cases (Table 18). Dental problems: More than 50% of the total population have at least one or more dental problems. (Table 19) B. Medical care problems Incidence rate: 1. In one month Incidence rate of medical care problems during one month was 19.6 percent. Among these health problems which required rest at home were 11.8 percent. The estimated number of patients in the total population is 1,206. The health problems reported most frequently in interviews during one month are: GI trouble, respiratory disease, neuralgia, skin disease, and communicable disease-in that order, The rate of health problems by age groups was highest in the 1-4 age group and in the 60 years or over age group, the lowest rate was the 10-14 year age group. In general, 0-29 year age group except the 1-4 year age group was low incidence rate. After 30 years old the rate of health problems increases gradually with aging. Eighty-three percent of health problems that occured during one month were solved by primary medical care procedures. Seventeen percent of health problems needed secondary care. Days rested at home because of illness during one month were 0.7 days per interviewee and 8days per patient and it accounts for 2,161 days for the total productive population in the area. (Table 20) 2. In a year The incidence rate of medical care problems during a year was 74.8%, among them health problems which required rest at home was 37 percent. Estimated number of patients in the total population during a year was 4,600. The health problems that occured most frequently among the interviewees during a year were: Cold (30%), GI trouble (18), respiratory disease (11), anemia (10), diarrhea (10), neuralgia (10), parasite disease (9), ENT (7), skin (7), headache (7), trauma (4), communicable disease (3), and circulatory disease (3) -in that order. The rate of health problems by age groups was highest in the infants group, thereafter the rate decreased gradually until the age 15-19 year age group which showed the lowest, and then the rate increased gradually with aging. Eighty-seven percent of health problems during a year were solved by primary medical care. Thirteen percent of them needed secondary medical care procedures. Days rested at home because of illness during a year were 16 days per interviewee and 44 days per patient and it accounted for 57,335 days lost among productive age group in the area (Table 21). Among those given medical examination, the conditions observed most frequently were respiratory disease, GI trouble, parasite disease, neuralgia, skin disease, trauma, tuberculosis, anemia, chronic obstructive lung disease, eye disorders-in that order (Table 22). The main health problems required secondary medical care are as fellows: (previous page). Utilization of medical care (treatment) The rate of treatment by various medical facilities for all health problems during one month was 73 percent. The rate of receiving of medical care of those who have health problems which required rest at home was 52% while the rate of those who have health problems which did not required rest was 61 percent (Table 23). The rate of receiving of medical care for all health problems during a year was 67 percent. The rate of receiving of medical care of those who have health problems which required rest at home was 82 percent while the rate of those who have health problems which did not required rest was as low as 53 percent (Table 24). Types of medical facilitied used were as follows: Hospital and clinics: 32-35% Herb clinics: 9-10% Drugstore: 53-58% Hospitalization Rate of hospitalization was 1.7% and the estimate number of hospitalizations among the total population during a year will be 107 persons (Table 25). Medical cost: Average medical cost per person during one month and a year were 171 and 2,800 won respectively. Average medical cost per patient during one month and a year were 1,109 and 3,740 won respectively. Average cost per household during a year was 15,800 won (Table 26, 27). Solution measures for health and medical care problems in rural area: A. Health problems which could be solved by paramedical workers such as nurses, midwives and aid nurses etc. are as follows: 1. Improvement of environmental sanitation 2. MCH except medical care problems 3. Family planning except surgical intervention 4. Tuberculosis control except diagnosis and prescription 5. Dental care except operational intervention 6. Health education for residents for improvement of utilization of medical facilities and early diagnosis etc. B. Medical care problems 1. Eighty-five percent of health problems could be solved by primary care procedures by general practitioners. 2. Fifteen percent of health problems need secondary medical procedures by a specialist. C. Medical cost Concidering the economic situation in rural area the amount of 2,062 won per residents during a year will be burdensome, so financial assistance is needed gorvernment to solve health and medical care problems for rural people.

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