• (The) Research of the performance art and culture
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• no.34
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• pp.133-172
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• 2017

Mansuseongjeol was originally a term that referred to the birthday of Chinese emperors. In October 1897, when Emperor Gojong ascended the throne, his birthday could be called mansuseongjeol. The celebratory events for mansuseongjeol took place throughout various levels of society and regions. Various places and classes including government officials, foreigners, students, religious people, journalists, merchants, civic groups, and nation-wide open ports celebrated the birth of Emperor Gojong, and the classes celebrating the day became stronger and wider. In other words, in the sense that the celebration had the nature of being universal, national, and global in terms of classes, regions, and races, the event was distinguished. Due to such nature, celebrating culture proceeded in various ways and the imperial family provided donation. Celebration on mansuseongjeol extended to respect toward the emperor and patriotism so it contributed to strengthening the emperor's power and solidifying the unity of the people. Also, such an event was reported around the world through diplomats and reporters living in Korea, raising the national status of Korea in the world. However, after the breakout of Russo-Japanese War, Japan controlled the finance of the royal family, reduced the power of the emperor, and the celebration of mansuseongjeol was also reduced. Due to the suspension of royal family's financial support, crackdown from Japan, and the dethronement of Emperor Gojong, events for mansuseongjeol disappeared and only inside the palace, did formal celebrations continue centering on pro-Japan officials and Japanese people. The abdication of Emperor Gojong came with the collapse of Korean Empire and along with that, celebration of mansuseongjeol came to an end. In the circumstances, the culture of court banquet disintegrated, and the best performers of Korean Empire degenerated into mere entertainers. Though mansuseongjeol, the medium of expressing respect toward the emperor and patriotism, lost its status, it is significant that the cultural achievements, which were created during the process established with the support of the financial power of the royal family, serve as internal power that drove Korea's modern and contemporary cultural history.

• Journal of the Korean Home Economics Association
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• v.19 no.2
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• pp.123-133
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• 1981

If we are to define that the traditional costume is a comprehensive expression of the culture, thoughts, and arts of a country, it is needless to say that the traditional costume would have always reflected the social and cultural aspects of the times. In order words, the cultural contemplation of a certain people at some point the history is only possible when we observe the distintive features of the costume worn by the people of respective times. Although the Korean people had the native costume of its own from the times of the Ancient Choson to the Three Kingdoms of Koguryo, Paekche, and Silla, the Chinese influence on Korean traditional costume became somewhat pronounced ever since the Silla strenghtened the political ties with the T'ang dynasty in China, and it came to a climax when the dual structure in Korean native costume, being compounded with the Chinese touch, continued to be prevailed from the era of the Unified Silla to the Koryo and throughout the succeeding Yi dynasty, thereby copying the typical aspects of Chinese pattern in clothing and dresses worn by the ruling classes, namely the goverment officials including the Kings. Therefore, it is our aim to study the pattern of Chinese influence on our traditional costume, as well as social and cultural aspects by way of contrasting and comparing our official outfit system, which had been developing in dualism since the era of the Unified Silla, with that of China, and to trace in part the Korean traditional costume. In comparing our traditional official outfit system with that of China, we have basically concentrated on the comparison of the official outfit systems during the periods of the Three Kingdoms, the Koryo, and The Yi dynasty with that of corresponding era of Chinese history, namely the dynasties of T'ang, Sung, and Ming, and followed the documentary records for the comparison. Koreans had fallen into the practice of worshipping the powerful in China and begun to adopt the culture and institutions of the T'ang dynasty since the founding of the Unified Silla. From this time forth, Korean people started to wear the clothes in Chinese style. The style of clothing during the period of the Koryo Kingdom was deeply influenced by that of the T'ang and Sung dynasties in China, and it was also under the influenced of the Yuan dynasty(dynasty established by the Mongols) at one time, because of the Koryo's subordinative position to the Yuan. At the close of the Koryo dynasty, the King Kongmin ordered the stoppage on the use of 'Ji-Joung', the name of an era for the Yuan dynasty, in May of the eighteenth year of his rule in order to have the royal authority recognized by a newly rising power dominating the Chinese continent, the Mind. Kind Kongmin presented a memorial, repaying a kindness to the Emperor T'aejo of the Ming dynasty in celebration of his enthronement and requested that the emperor choose an official outfit, thereby the Chinese influence being converted to that of the Ming. As a matter of course, the Chinese influence deepened all the more during the era of the Yi dynasty coupled with the forces of the toadyic ideology of worshipping the China, dominant current of the times, and the entire costume, from the imperial crown and robe to the official outfit system of government officials, such as official uniforms, ordinary clothes, sacrificial robes, and court dresses followed the Chinese style in their design. Koreans did not have the opportunity of developing the official outfit system on its own and they just wore the official outfit designated on separate occasions by the emperors of China, whenever the changes in dynasty occurred in the continent. Especially, the Chinese influence had greatly affected in leading our consciousness on the traditional costume to the consciousness of the class and authority. Judging from the results, Koreans had been attaching weight to the formulation of the traditional outfit system for the ruling classes in all respective times of the history and the formulation of the system was nothing more than the simple following of the Chinese system.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.3-29
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• 2015

In case of C-410/11, Pedro Espada $S\acute{a}nchez$ and Others v Iberia $L\acute{i}neas$ $A\acute{e}reas$ de $Espa\tilde{n}a$ SA., ECLI:EU:C:2012:747, the passengers of a flight between Barcelona and Paris, whose baggage had been lost, lodged a claim before a Spanish court, asking for compensation. More specifically, the claimants were a family of four (two adults and two children), and had stored all their personal items in two suitcases, which had been checked in and tagged but never returned to the passengers in question. The four claimants relied on the Montreal Convention, ratified by the EU, which provides that each passenger can claim up to 1,000 SDRs in compensation (i.e. ${\euro}1,100$) in case his or her baggage is lost; thus, they sought to recover ${\euro}4,400$ (4,000 SDRs, i.e. 1,000 SDRs x4). The preliminary reference issue raised by the Spanish court to the CJEU regarded the $Montr\acute{e}al$ Convention's correct interpretation; in particular, it asked whether compensation should be available only to passengers whose lost baggage had been checked in "in their own name" or whether it is also available to passengers whose personal items had been stored in the (lost) baggage of a different passenger. The CJEU held that compensation had to be granted to all passengers whose items had been lost, regardless of whether these had been stored in baggage checked in "in their own name." In fact, it maintained that the real aim of the $Montr\acute{e}al$ convention is to provide passenger-consumers with protection for the loss of their personal belongings, so the circumstance of where these were being carried is not relevant. Nevertheless, the CJEU clarified that it is for national courts to assess the evidence regarding the actual loss of an item stored in another passenger's baggage, and maintained that the fact that a group of people were travelling together as a family is a factor that may be taken into account.

• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.147-196
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• 2023

Advances in brain science have made it possible to stimulate the brain to treat brain disorder or to connect directly between the neuron activity and an external devices. Non-invasive neurotechnologies already exist, but invasive neurotechnologies can provide more precise stimulation or measure brainwaves more precisely. Nowadays deep brain stimulation (DBS) is recognized as an accepted treatment for Parkinson's disease and essential tremor. In addition DBS has shown a certain positive effect in patients with Alzheimer's disease and depression. Brain-computer interfaces (BCI) are in the clinical stage but help patients in vegetative state can communicate or support rehabilitation for nerve-damaged people. The issue is that the people who need these invasive neurotechnologies are those whose capacity to consent is impaired or who are unable to communicate due to disease or nerve damage, while DBS and BCI operations are highly invasive and require informed consent of patients. Especially in areas where neurotechnology is still in clinical trials, the risks are greater and the benefits are uncertain, so more explanation should be provided to let patients make an informed decision. If the patient is under guardianship, the guardian is able to substitute for the patient's consent, if necessary with the authorization of court. If the patient is not under guardianship and the patient's capacity to consent is impaired or he is unable to express the consent, korean healthcare institution tend to rely on the patient's near relative guardian(de facto guardian) to give consent. But the concept of a de facto guardian is not provided by our civil law system. In the long run, it would be more appropriate to provide that a patient's spouse or next of kin may be authorized to give consent for the patient, if he or she is neither under guardianship nor appointed enduring power of attorney. If the patient was not properly informed of the risks involved in the neurosurgery, he or she may be entitled to compensation of intangible damages. If there is a causal relation between the malpractice and the side effects, the patient may also be able to recover damages for those side effects. In addition, both BCI and DBS involve the implantation of electrodes or microchips in the brain, which are controlled by an external devices. Since implantable medical devices are subject to product liability laws, the patient may be able to sue the manufacturer for damages if the defect caused the adverse effects. Recently, Korea's medical device regulation mandated liability insurance system for implantable medical devices to strengthen consumer protection.

• Analyses & Alternatives
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• v.2 no.1
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• pp.31-69
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• 2018

This study examines the role of science in resolving trade disputes. After the Great East Japan Earthquake of 11 March 2011 that not only jeopardized the people of Japan, but also put the safety of an entire region at risk, the Republic of Korea (Korea) has imposed import bans as well as increased testing and certification requirements for radioactive material on Japanese food products. Japan has challenged these restrictions at the World Trade Organizations Dispute Settlement Body (DSB). This study aims to explain how international trade agreements and previous DSB rulings have dealt with different scientific viewpoints provided by confronting parties. In doing so, it will contrast the viewpoints espoused by Korean and Japanese representatives, and then analyzes the most similar case studies previously ruled on by the DSB, including the case of beef hormones and the case of genetically modified crops including biotech corn, both between the United States and the European Communities (EC). This study finds that science is largely subordinate to national interests in the case of state decision-making within the dispute settlement processes, and science has largely been relegated to a supportive role. Due to the ambiguity and lack of truly decisive decisions in the Appellate Body in science-based trade disputes, this study concludes that the Appellate Body avoids taking a firm scientific position in cases where science is still inconclusive in any capacity. Due to the panel's unwillingness to establish expert review boards as it has the power to do, instead favoring an individual-based system so that all viewpoints can be heard, it has also developed a system with its own unique weaknesses. Similar to any court of law in which each opposing party defends its own interests, each side brings whatever scientific evidence it can to defend its position, incentivizing them to disregard scientific conclusions unfavorable to their position. With so many questions that can arise, combined with the problems of evolving science, questions of risk, and social concerns in democratic society, it is no wonder that the panel views scientific information provided by the experts as secondary to the legal and procedural issues. Despite being ruled against the EC on legal issues in two previous cases, the EC essentially won both times because the panel did not address whether its science was correct or not. This failure to conclusively resolve a debate over whose science is more scientific enabled the EC to simply fix the procedural issues, while continuing to enforce trade restrictions based on their scientific evidence. Based on the analysis of the two cases of disputes, Korea may also find itself guilty of imposing an unwarranted moratorium on Japan's fish exports, only to subsequently pass new restrictions on labelling and certification requirements because Japan may have much scientific evidence at its disposal. However, Korea might be able to create enough uncertainty in the panel to force them to rule exclusively on the legal issues of the case. This will then equip Korea, like the EC in the past, with a way of working around the ruling, by changing whatever legal procedure they need to while maintaining some, if not most, of its restrictions when the panel fails to address its case on scientific grounds.

• Korean Security Journal
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• no.49
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• pp.39-63
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• 2016

After its decision of 'constitutional nonconformity' about a night assembly on September 24th, 2009, then the Korean Constitutional Court decided the 'limited violation of constitution' saying, 'Even a night demonstration should be allowed to be held up to the midnight' on March 27th, 20104. Since such a decision, the revision of Assembly and Demonstration Act has not been done, and the revised act is currently pending on the National Assembly on October, 2016. Amid the controversy about the 'Legislative Deficiency', some articles of the Assembly and Demonstration Act are revised and created like the imposition of the fine about a ghost assembly and the notice duty of fact to hold an assembly, the police superintendent's recommendation about the assembly place and partitioned assembly holding by time in order to protect the people's basic rights and convenience. However, this revised bill of Assembly & Demonstration Act limits the duty of assembly withdrawal report only to overlapping assemblies and a police superintendent can only recommend about the partition of assembly place and time, but has not a certain authority to forcibly enforce, so it is expected that the recommendation will be eventually ended to a formal procedure. And as this revised act has no punishment article concerning the violation of the notice duty within 1 hour before holding an assembly in this revised act, so there is a problem that the police can't force an assembly to follow the article. This study proposed some political suggestions concerning the articles to be supplemented and corrected in the Assembly & Demonstration Act after analyzing its articles around its 2016 revised Act. The Assembly & Demonstration Act has several problems to be continually corrected and supplemented further including the matter of 'Night Assembly & Demonstration' which is in the condition of 'Legislative Deficiency' since 2009.

• Korea Journal of Hospital Management
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• v.11 no.1
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• pp.1-30
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• 2006

According to the available data, in these days, the number of medical accidents and disputes have significantly increased since 1990 in Korea. From this aspect, a variety of approaches and efforts to solve these problems is needed before it is too late. This study intended to identify the thoughts of patients who are directly connected with medical accidents and disputes and then to consider reasonable settlement methods of the increasing disputes. For achieving the purpose of this study, the self-administerd questionnaire was conducted with 450 out-patients who visited three university hospitals, five small and medium-sized hospitals, and ten clinics in Seoul from June 13 to 17, 2005. Incomplete questionnaires were omitted and 410 respondents(91%) were included for the analysis of this study. Each section of the survey was composed of six categories such as the recognition of malpractice, a compensation system about no-fault medical accidents, the recognition of the judgement of medical accidents in court, reasonable settlement of medical accidents, reasons of lawsuit, and the need of the medical dispute settlement organization. The major results of this study were as follows. First, more than half of the respondents, 51.9 percent, worry about malpractice. And many respondents think malpractice causes their symptoms to persist or become worse, and also some respondents think that the doctor's prescription changed too frequently. Second, as for a compensation system about no-fault medical accident, 55.7 percent of the respondents insist that a proper compensation for suffering patients or their families should be provided. And also as for the responsibility of compensation, respondents think joint compensation of both the medical institution and the government is needed foremost, followed by the medical insurance company and finally by the medical institution. The government as well as the related institutions should take responsibility for malpractice accidents for which the doctor is not responsible. Third, as for the acknowledgment of medical accident judgements by the court, 32.8 percent of respondents think that it is best to compromise with a medical institution, followed by lawsuit(26.2%), the assistance of civil organization(23.2%), and a powerful physical protest(7.6%). Fourth, as for the lawsuit of medical accidents, 62.9 percent of respondents think that patients and their families would be in a disadvantageous position in relation to medical institutions and doctors mentioning the lack of professional medical and lawful knowledge, experience and know-how as the reason. So many people have given up appeals owing to the difficulties involved in defending themselves through evidence. Fifth, about a half share of the respondents indicated that the medical institution's neglect of the responsibility of medical accidents is one of the most important reasons of lawsuit. And next respondents mentioned the lack of the medical dispute settlement organization and a general distrust of medical institutions and doctors. Sixth, a majority of respondents consented to the introduction of the need of the medical dispute settlement organization, And about a half of the respondents mentioned a readiness to accept the mediation of the organization, but the rest did not express a clear opinion. It seems that conflict among the parties concerned have existed in relation to the medical dispute settlement organization and related legislation for many years. But as this study has shown, the needs of the medical dispute settlement organization is in desperate demand. Therefore, more negotiation efforts from all interest groups should be considered for the birth of the medical dispute settlement organization and related legislation.

• Archives of design research
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• v.12 no.4
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• pp.317-326
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• 1999

The Korean traditional color passed down over countless generations has surpassed both surpassed both time and space and continue today to breathe life into its people's everyday. In order to clarify the characteristics of Korean traditional color blue and red, we investigate the names of them and measured the color tones of textile remains in Chosun era. The characteristics of Korean traditional color blue and red have been surveyed by means of the examination of color names in many famous literatures in Chosun era. Korean terms for color tones were characterized by enormous variety of epithes crowned on them. The color names mentioned contain many unaccountable epithes which were characterized also deep colors and light colors were dominant in it. As a means of enhancing possibilities within limited colors, the commoners increased the names for varying tones of blue color group(32kinds) and red color group(40kinds). These "blue(indigo dyeing)' and 'red(safflower dyeing)' in Chosun era were shown very high frequency in use and the costume colors in Royal Court. With combination of these various blue and red colors they represented a thought of color based on Yinyang Theory and created a polished aesthetic taste. The color samples of textile remains in museum were measured and designated by Munsell color system and the ISCC-NBS color designation system. THe appeared rates were derived on Chosun era and features of colors using on the period were discussed. We aim to present specific recipes in indigo dyeing and safflower dyeing for using our apparel product and folk art.

• Journal of the Korean Geographical Society
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• v.39 no.4
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• pp.643-664
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• 2004

This study aims to review what geographers have contributed to GIS industries and national needs. To-be-geographers and geographers are expected to meet the gap between what we have teamed in school and what we have to do after graduation. The characteristics of GIS industry in the 1990 are summarized with approximate evaluation of the contribution of geographers in each stage. Author introduced the requirement for the licenses of geomatics and geospatial engineering experts and the other licenses, which are important to get a job in GIS industry from 2003 to 2004. A set of questionnaire on the user's requirements was given to GIS people in private companies and public GIS research centers and analyzed. Author found that they put an emphasis on hands-on experiences and programming skills. no advantages or geography such as capability or integration and inter-disciplinary collaboration were not appreciated. The prospects for the GIS tend to be positive but the reflectance of the prospect was not accompanied by at the same degree of preference for geography. Most government strategies for the next ten years' GIS focus on new-growth leading industries. SWOT(strength, weakness, opportunity, threat) analysis of geography for GIS industry will give some directions such as telematics, regional marketing strategies with web-based GIS technology, location based service. That means intra-disciplinary study in geography will evoke the potentiality of GIS, compared with interdisciplinary studies.

• The Korean Society of Law and Medicine
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• v.17 no.2
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• pp.281-313
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• 2016

Our Constitution obliges the state to protect the health of the people, and the Medical Law, which embodied Constitution, sets out in detail the matters related to open the medical institution and one of them is to prohibit the operation of multiple medical institutions In the past, there was a provision stipulating the same purpose. But because the Supreme Court interpreted that several medical institutions could be opened if the medical treatment was not made at the additional medical instition which was opened in the another doctor,s license, multiple medical institutions could be opened and operated. However, some health care providers opened the several medical institutions to another doctor's license just by the excuse of the business management and then did illegal medical cares like the unfair luring of patients, overtreatment, and commition treatment for more profits. So, the health rights of the people came to be infringed on. Accordingly, lawmakers amended the Medical Law for medical personnel not to open and to operate more than one medical institution. As the amended medical law prohibited a medical personnel to open multiple medical institution, some medical personnels insisted that the amended medical law is unconstitutional under which they could not be able to open and operate medical institutions on based on free investment and bring out the benefits of network hospitals. But the regulation to prohibit multiple institutions does not apply only to a medical personnel. Many other experts like lawyer and pharmacist can open only one office under such a restriction. If the regulation goes out of force, the procedure that multiple medical institutions should be opened and operated in the capacity as a medical corporation or a non-profit corporation does not have to be followed. And we should keep in mind that the permission for medical personels to open multiple medical institutions could lead virtually to commercial hospital. If in the nation with a very low rate of public medical service, If only a few medical personnels with capital own many medical institutions and operate commercially them, this could cause a falling-off in quality of medical service, ultimately infringe on the health rights and the life right of the people.