• Informatization Policy
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• v.19 no.3
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• pp.3-18
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• 2012

Constitutional issue of economic order has fiercely been disputed around the world and through the ages. In Korea, there also has been endless argument on to what extent the government should intervene in the economy through regulation. Article 119 of the Constitution of the Republic of Korea has its basis on the principle of free market economy, exceptionally allowing the government to intervene and coordinate in certain situations. The Constitution empowers the government with the authority of regulation and coordination to execute the Constitutional value of guaranteeing and securing fundamental human rights. Therefore, the government, as a fair and just mediator, should perform its mission to democratize the economy as well as secure market freedom and creative initiative.

• Journal of Arbitration Studies
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• v.16 no.2
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• pp.89-120
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• 2006

If the existence and effect of the arbitration agreement becomes an issue in international business transactions, it is the key point how we shall determine the applicable law by national rules for the conflict of laws, or by other methods. The argument in determination of the applicable law to the existence and effect of the arbitration agreement is related to regal nature of the arbitration agreement. As there are foreign factors in international arbitration, therefore we must consider such an aspect. Besides, we have to examine whether the general theory of contract is universally applicable to the arbitration agreement. Currently, it is the general trend that the party's autonomy principle is applicable in determining the applicable law for the arbitration agreement. However, it is a difficult problem to recognize the applicable law chosen by the parties, whether it is based on any regal standard(for example New York Convention or the private international law or the essential quality of the arbitration agreement). In the light of the actual transactions, when the parties don't make a choice of the applicable law expressly, it will finally come down to presuming the party's implied intent. Nevertheless, finding the implied intent is a difficult problem. Some argue that we shall presume the choice of applicable law by an objective standard such as a place of arbitration, to prevent too much expansion of the scope of the recognition. But we need to review that this interpretation harmonizes with the principle of party autonomy. Especially, if we desire to detect the vital point where it is most closely linked to the arbitration agreement, we have to inquire how we will decide such a relation by means of any standard. However, as the existing Arbitration Act doesn't offer the solution to these issues, therefore we have to settle these problems through the development of adjudications and theories.

• Korean Journal of Logic
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• v.21 no.1
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• pp.97-133
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• 2018

In his unpublished article, "Is Mathematics Syntax of Language?," $G{\ddot{o}}del$ criticizes what he calls the 'syntactical interpretation' of mathematics by Carnap. Park, Chun, Awodey and Carus, Ricketts, and Tennant have all reconstructed $G{\ddot{o}}del^{\prime}s$ arguments in various ways and explored Carnap's possible responses. This paper first recreates $G{\ddot{o}}del$ and Carnap's debate about the nature of mathematics. After criticizing most existing reconstructions, I claim to make the following contributions. First, the 'language relativity' several scholars have attributed to Carnap is exaggerated. Rather, the essence of $G{\ddot{o}}del^{\prime}s$ critique is the applicability of mathematics and the argument based on 'expectability'. Thus, Carnap's response to $G{\ddot{o}}del$ must be found in how he saw the application of mathematics, especially its application to science. I argue that the 'correspondence principle' of Carnap, which has been overlooked in the existing discussions, plays a key role in the application of mathematics. Finally, the real implications of $G{\ddot{o}}del^{\prime}s$ incompleteness theorems - the inexhaustibility of mathematics - turn out to be what both $G{\ddot{o}}del$ and Carnap agree about.

• Journal of Physiology & Pathology in Korean Medicine
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• v.33 no.5
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• pp.249-254
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• 2019

This study is aimed to refute against medical opponent's claim that Korean medicine does not conform to the conditions of science. Analyses and refutations against a journal treatise and a Facebook column formally written for a logical criticism and attack were conducted. As an example of the logic of the knowledge production process in Chinese medicine, 8 principle theory was exemplified in the Han danasty Classics "Neijing" and "Shanghanlun" at first. The knowledge was continuously revised and accumulated historically and then completed through Ming、Cheng period. The differential diagnosis and treatment theory is a logical process of forming knowledge through the process of abduction, deduction and induction begun from "Shanghanlun" succeeded to nowadays and it is essentially equaled with the process of experimental inference by Claude Bernard. Examples of normal science status based on Kuhn's scientific standards include the theory of 8 principle, differntial diagnosis of viscera and bowel, 3 yang and 3 yin diseases of "Shanghanlun" and warm disease theory. Examples of science lost or get its normal status by refutation following Popper's standards were cold damage theory and warm disease theory respectively. This allowed Chinese medicine to follow the general principles of science that form scientific knowledge and to correspond with the demarcation standards and concepts of science. However, as one of the conditions for becoming a science, Chinese medicine is partially lacking in terms of the interpretation of text language or the accordance with modern knowledge. Therefore methods are required to supplement this lack through multi-faceted research such as literature-based, theoretical and clinical studies.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.83-139
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• 2019

Recognition of liability for damages due to medical malpractice has been developed largely on the basis of two paths. First is the case where there is an error in a physician's medical practice and this infringes upon the legal interests of life and body, and the compensation for monetary and non-monetary damages incurred from such infringement on life and body becomes an issue. Second is the case where there is a breach of a physician's duty of explanation that results in a infringement on the patient's right of autonomous decision, and the compensation for non-monetary damages incurred from such infringement becomes an issue. However, even if there is a medical error, since it is difficult to prove the causation between the medical error of a physician and the infringement upon legal interests, the physician's responsibility for damage compensation is denied in some cases. Consider, for example, a case where a patient is already in the final stage of cancer and has a very low possibility of a complete recovery even if proper treatment is received from the physician. Here, it is not appropriate to refuse recognition of any damage compensation based on the reason that the possibility of the patient dying is very high even in the absence of a medical error. This is so because, at minimum, non-monetary damage such as psychological suffering is incurred due to the physician's medical error. In such a case, our courts recognize on an exceptional basis consolation money compensation for losing the chance to receive proper treatment. However, since the theoretical system has not been established in minutiae, what comes under the benefit and protection of the law is not clearly explicated. The recent discourse on compensating for damages incurred by patients, even when the causation between the physician's medical error and infringement upon the legal interests of life and body is denied, by establishing a new legal interest is based on the "legal principle of loss of opportunity for treatment." On what should be the substance of the new legal interest, treatment possibility argument, expectation infringement argument, considerable degree of survival possibility infringement argument and loss of opportunity for treatment argument are being put forth. It is reasonable to see the substance of this protected legal interest as "the benefit of receiving treatment appropriate to the medical standard" according to the loss of opportunity for treatment argument. The above benefit to the patient is a value inherent to human dignity that should not be infringed upon or obstructed by anyone, and at the same time, it is a basic desire regarding life and a benefit worthy of protection by law. In this regard, "the benefit of receiving treatment appropriate to the medical standard" can be made concrete as one of the general personal rights related to psychological legal interest.

• Journal of Arbitration Studies
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• v.16 no.2
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• pp.213-238
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• 2006

Deferred payment letter of credit is the L/C that makes the issuing bank to pay a beneficiary at maturity stipulated in the credit. In this deferred payment letter of credit transaction, is it possible that a confirming or nominating bank payor negotiate before maturity? and the confirming or nominating bank have legal protection when paid or negotiated before maturity? These problems are raised in argument. By the way, Korea, Switzerland, Germany, and Italy are positive on the above question, but France, United Kingdom, and Singapore are negative. Therefore, when using deferred payment letter of credit, it is required to keep in mind that the understanding of maturity stipulated in the credit is different among countries, legal principles of each nations, and researchers. And other problems are raised also as follows; the application of Fraud Rule and principle of independence and abstraction as nature of credit, when to pay credit amount to beneficiary, and refusal of payment due to poor quality. Finally, it is required to use deferred payment letter of credit, after full understanding of deferred payment letter of credit pointed out in this paper.

• Journal of the Korean Society of Laryngology, Phoniatrics and Logopedics
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• v.33 no.2
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• pp.83-88
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• 2022

Hunminjeongeum had 17 initial consonant letters. Among them, five consonant letters, those are ㄱ (牙音, molar sound letter), ㄴ (舌音, lingual sound letter), ㅁ(脣音, labial sound letter), ㅅ (齒音, dental sound letter), ㅇ (喉音, guttural sound letter), were served as chief consonants. There was no argument that consonant letters were made by symbolizing the shape of vocal organs during phonation of them. It could be phoniatrically explained that all of five chief consonants were morphologically symbolized from left lateral view of vocal tract during articulation. Although 'ㄱ' was known as molar sound, it was not modeled the shape of molar tooth but modeled the shape of tongue at molar teeth bearing area. The same principle applies to 'ㅅ', and it was represented the shape of upper surface of anterior tongue instead of incisor teeth. 'ㄴ' was a lingual sound and directly shaped the shape of tongue. 'ㄷ' was made by addition of a stroke 'ㅡ' meaning hard palate above 'ㄴ'. 'ㅁ' was represented the shape of lateral view of anterior mouth. 'ㅇ' was looked like shaping left lateral view of laryngopharyngeal space.

• Asia pacific journal of information systems
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• v.32 no.4
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• pp.803-829
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• 2022

With the advances in technology and the trend towards increased computer-based experiential learning in education settings, business games are being increasingly used by business educators. This article utilizes Toulmin's Sensemaking Framework to investigate the sensemaking process of business professionals to reveal how they consciously reason about the value of business games for learning complex business concepts and principles. Using the analysis of responses from 43 business professionals, our study identifies key areas where business professionals find value in business games and the limitations of using business games. First, business games are found to be an effective tool when teaching practical business skill sets to business professionals. Second, business games enhance the overall learning process in professional business training. Third, despite the advantages, some pitfalls in applying business games to practice are found. We also found sub-themes, claims, and argument patterns of how business professionals evaluate the value of business games through a grounded theory qualitative analysis method. Analysis results show several ground-warrant patterns exist in the arguments on values of business games including general principle - causal reasoning, personal experience - generalization, and personal projection - generalization. With these findings, we believe this paper contributes to the theory and practice of business game design, development, and the game playing and learning process.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.199-236
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• 2014

This paper analyses from the perspective of distributive justice the legal mechanisms for international allocation of orbital slots, which are of co-owned nature and thereby limited natural resources in outer space. The allocative function is delegated to the International Telecommunication Union. The Radio Regulation, amongst such other legal instruments as the Constitution and Convention, by which the ITU and contracting States thereof abides, dictates how the orbital positions are distributed. Thus, the RR is thoroughly reviewed in the essay. The mechanisms are in a broad sense categorized into two systems: 'a posteriori system' where the 'first come, first served' principle prevails; and 'a priori system' designed to foster the utilisation of the slots by those who lack space resources and are, in especial, likely to be marginalised under the former system. The argument proceeds on the premise that a posteriori system places the under-resourced States in unfavourable positions in the securement of the slots. In contrast with this notion, seven factors were instantiated for an assertion that the degradation of the distributive justice derived from the 'first come, first served' rule, which lays the foundation for the system, could be either mitigated or counterbalanced by the alleged exceptions to the rule. However, the author of this essay argues for counterevidences against the factors and thereby demonstrating that the principle still remains as an overwhelming doctrine, posing a threat to the pursuit of fair allocation. The elements he set forth are as in the following: 1) that the 'first come, first served' principle only applies to assignments capable of causing harmful interferences; 2) the interoperability of the principle with the 'rule of conformity' with the all the ITU instruments; 3) the viability of alternative registrations, as an exception of the application of the principle, on the condition of provisional and informational purposes; 4) another reference that matters in deciding the priority: the types of services in the TFA; 5) the Rule of Procedure H40 proclaiming a ban on taking advantage of coming first to the Register; 6) the technical factors and equity-oriented norms under international and municipal laws along with; 7) the changes of 'basic characteristics' of registered assignments. The second half of this essay illustrates by examining the relevant Annexes to the Regulation that the planned allocation, i.e., a priori system, bear the structured flaws that hinder the fulfillment of the original purpose of the system. The Broadcasting and Fixed Satellite Systems are the reviewed Plans in which the 'first come, first served' principle re-emerges in the end as a determining factor to grant the 'right to international recognition' to administrations including those who has not the allotted portions in the Plan.

• Journal of Korean Academy of Nursing Administration
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• v.3 no.1
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• pp.51-64
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• 1997

The purpose of the study was to introduce an integrated approach of new Casuistry and specified principlism in resolving ethical problems and studying nursing ethics. In studying clinical ethics and nursing ethics, there is no systematic research method. While nurses often experience ethical dilemmas in practice, much of previous research on nursing ethics has focused merely on describing the existing problems. In addition, ethists presented theoretical analysis and critics rather than providing the specific problems solving strategies. There is a need in clinical situations for an integrated method which can provide the objective description for existing problem situations as well as specific problem solving methods. We inherit two distinct ways of discussing ethical issues. One of these frames these issues in terms of principles, rules, and other general ideas; the other focuses on the specific features of particular kinds of moral cases. In the first way general ethical rules relate to specific moral cases in a theoretical manner, with universal rules serving as "axioms" from which particular moral judgments are deduced as theorems. In the seconds, this relation is frankly practical. with general moral rules serving as "maxims", which can be fully understood only in terms of the paradigmatic cases that define their meaning and force. Theoretical arguments are structured in ways that free them from any dependence on the circumstances of their presentation and ensure them a validity of a kind that is not affected by the practical context of use. In formal arguments particular conclusions are deduced from("entailed by") the initial axioms or universal principles that are the apex of the argument. So the truth or certainty that attaches to those axioms flows downward to the specific instances to be "proved". In the language of formal logic, the axioms are major premises, the facts that specify the present instance are minor premises, and the conclusion to be "proved" is deduced (follows necessarily) from the initial presises. Practical arguments, by contrast, involve a wider range of factors than formal deductions and are read with an eye to their occasion of use. Instead of aiming at strict entailments, they draw on the outcomes of previous experience, carrying over the procedures used to resolve earlier problems and reapply them in new problmatic situations. Practical arguments depend for their power on how closely the present circumstances resemble those of the earlier precedent cases for which this particular type of argument was originally devised. So. in practical arguments, the truths and certitudes established in the precedent cases pass sideways, so as to provide "resolutions" of later problems. In the language of rational analysis, the facts of the present case define the gounds on which any resolution must be based; the general considerations that carried wight in similar situations provide warrants that help settle future cases. So the resolution of any problem holds good presumptively; its strengh depends on the similarities between the present case and the prededents; and its soundness can be challenged (or rebutted) in situations that are recognized ans exceptional. Jonsen & Toulmin (1988), and Jonsen (1991) introduce New Casuistry as a practical method. The oxford English Dictionary defines casuistry quite accurately as "that part of ethics which resolves cases of conscience, applying the general rules of religion and morality to particular instances in which circumstances alter cases or in which there appears to be a conflict of duties." They modified the casuistry of the medieval ages to use in clinical situations which is characterized by "the typology of cases and the analogy as an inference method". A case is the unit of analysis. The structure of case was made with interaction of situation and moral rules. The situation is what surrounds or stands around. The moral rule is the essence of case. The analogy can be objective because "the grounds, the warrants, the theoretical backing, the modal qualifiers" are identified in the cases. The specified principlism was the method that Degrazia (1992) integrated the principlism and the specification introduced by Richardson (1990). In this method, the principle is specified by adding information about limitations of the scope and restricting the range of the principle. This should be substantive qualifications. The integrated method is an combination of the New Casuistry and the specified principlism. For example, the study was "Ethical problems experienced by nurses in the care of terminally ill patients"(Um, 1994). A semi-structured in-depth interview was conducted for fifteen nurses who mainly took care of terminally ill patients. The first stage, twenty one cases were identified as relevant to the topic, and then were classified to four types of problems. For instance, one of these types was the patient's refusal of care. The second stage, the ethical problems in the case were defined, and then the case was analyzed. This was to analyze the reasons, the ethical values, and the related ethical principles in the cases. Then the interpretation was synthetically done by integration of the result of analysis and the situation. The third stage was the ordering phase of the cases, which was done according to the result of the interpretation and the common principles in the cases. The first two stages describe the methodology of new casuistry, and the final stage was for the methodology of the specified principlism. The common principles were the principle of autonomy and the principle of caring. The principle of autonomy was specified; when competent patients refused care, nurse should discontinue the care to respect for the patients' decision. The principle of caring was also specified; when the competent patients refused care, nurses should continue to provide the care in spite of the patients' refusal to preserve their life. These specification may lead the opposite behavior, which emphasizes the importance of nurse's will and intentions to make their decision in the clinical situations.