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A Study on the Confucian Natural Legal Ideology Embodied in the Korean Constitution (유가(儒家) 자연법사상의 헌법상 전승)

  • Moon, Hyo-Nam
    • The Journal of Korean Philosophical History
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    • no.56
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    • pp.47-80
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    • 2018
  • The traditional laws of Korea have undergone various stages of development over time. This includes the voluntary standards of the clean society. Korea's traditional legal systems, ranging from those of the Goryeo(高麗) to those of the Republic of Korea, have taken Confucian Phiosophy as their major ideological bases. At the center of these Confucian ideals, particularly in regards to pre-Qin Confucian Philosophy(先秦儒家思想) from where these ideals originated, lie the core ideals which emphasize the responsibility of each individual regardless of the social status(正名), the needs for a democracy in which people are empower and guide the state(民本), the importance of reigning with benevolence, moral excellence, and rite (仁義), and the differential love centered on kinship and humanity(親親愛人). These were the ideas as set forth by Confucius(孔子), Mencius(孟子) and Xun Zi(荀子). The current laws of Korea, especially in regards to the Constitution and the Civil and Criminal Laws, include a number of provisions that contain the Confucian Ideas of Law. The Constitution, in particular, which is also supported by the judgement of the Constitution Court, reflects several core Confucian ideals including filial duty (孝) and respect for ascendants and the traditional culture. The Court also suggested the two important standards of the constitutional legitimacy of the Traditional Culture. One is 'Age Compatibility (時代 適合性)', the other is 'Manifested Universally Validity(現在的 普遍妥當性)'. So we have burdened with the reestablishment of the Universal Ethics of the Confucian Ideology.

A Study on the Sahyang and Characteristics of Naturalized Citizens in Early Chosun (조선초기 귀화인(歸化人)의 사향(賜鄕)과 특징)

  • Yim, Seon-bin
    • (The)Study of the Eastern Classic
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    • no.37
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    • pp.63-91
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    • 2009
  • This study presents an investigation into the Sahyang process and activities of the individuals whose Sahyang(receiving Gwanhyang from the king) was confirmed in the Shilrok documents of early Chosun among naturalized citizens(Hyanghwains). In early Chosun, there were four Chinese(Oh Jin, Lee Min-do, Dang Seong, and Mae Woo) in the Sahyang cases with more of those cases found among Hoigol-in(Seol Jang-soo, an Uighur) and Oioa-guk nationality(Lee Hyeon) from the countries bordering on Western China and two Japanese(Pyeong Sun and Pi Sang-ui). They were naturalized from the reign of King Chungryeol of Goryeo to the first year of King Jeongjong's reign of Chosun. They were diverse to include the great grandfather, grandfather, and father of the individual that received Gwanhyang and himself. There were one case of Sahyang during the reign of King Taejo, four during the reign of King Taejong, one during the reign of King Sejong, and three during the reign of King Sejo. The Gwanhyang they received was wide spread across the nation including Gyerim, Imju, Haeju, Sangju, Milyang, Chungju, Changwon, Dongrae, and Taean. It's very likely that the place of Sahyang was Cheohyang. Many of those who received Gwanhyang were translators and achieved great feats in Chosun's diplomacy with Ming Dynasty and Japan. There were also those who worked in medicine, art of divination, and articles of a criminal code. Seol Jang-su, who passed the state exam of Chosun, was in charge of Jigonggeo, and Lee Min-do and Dang Seong made a contribution to the establishment of Chosun and became big or small meritorious retainers at the founding of Chosun. It's all thanks to those performances that they had the honor of Sahyang of receiving Gwanhyang. Although they were the Gwanhyang with the honor of Sahyang, there is no confirmation of the descendents of the Lee family of Imju, the Pyeong family of Changwon, and the Pi family of Dongrae. While the descendents of the naturalized Chinese still remain in the nation, those of naturalized Japanese ceased to exist, which must be closely related to Chosun's perceptions of other nations those days.

Thailand in 2017: The Resurgence of "Sarit Model" and Thai-Style Democracy (2017년 타이: '싸릿모델'의 부활과 타이식 민주주의)

  • PARK, Eun-Hong
    • The Southeast Asian review
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    • v.28 no.2
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    • pp.213-247
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    • 2018
  • Thailand in 2017 the public sentiment has turned against the military government. The four pledges the military declared immediately after the 2014 coup, restoration of democracy, addressing of divisive politics, eradication of corruption, and stimulation of the economy have all failed. In the same year, however, Thai military junta began to recover it's diplomatic relationship with western countries including US and EU owing to promulgation of the new constitution endorsed by King Maha Vajiralongkorn and the lavish funeral of late King Bhumibol Adulyadej which was attended by huge number of condolence delegations from around the world including US Defense Secretary James Mattis. Since the 2014 coup, US has sanctioned the country under military junta led by General Prayuth Chan-o-cha for urging them back to the barracks. EU also joined this sanction measures. US signaled change in it's policy when General Prayuth got the chance to visit US and meet President Donal Trump in 2017. General Prayuth Chan-o-cha's military junta could start to restore it's reputation internationally. Domestically, he used absolute powers based on section 44 of the interim constitution, also guranteed in the new constitution. Oversea and national human rights groups have criticized that the interim constitution for permitting the NCPO, Thai military junta's official name, to carry out policies and actions without any effective oversight or accountability for human rights violations. On 1 December 2017, Thailand marked the one-year anniversary of King Maha Vajiralongkorn's accession to the throne as the country's new monarch, Rama X. In the first year of King Rama X's reign, arrests, prosecutions, and imprisonment under Article 112 of Thailand's Criminal Code (lese-majeste) have continued unabated in Thailand. NCPO has continued to abuse Article 112 to detain alleged violators and curb any form of discussion regarding the monarchy, particularly on social media. In this worsening human rights environment General Prayuth Chan-o-cha enforced continuously campaign like Thai-style democracy- an effort to promote largely autocratic 'Thainess' in such a way that freedom of expression is threatened. It is a resurgence of 'Sarit Model'. In the beginning of 2017 Thai military government raised the slogan of 'opportunity Thailand' in the context of 'Thailand 4.0' project which attempts to transform Thai economy based on industry-driven to innovation-driven for recovering robust growth. To consider freedom and liberty as a source of innovation, 'Thailand 4.0' led by 'Sarit Model' without democracy would be skeptical.

The Necessity of Education and Understanding about Evil: with thought of Sunja and Hannah Arendt as the central figure (악(惡)에 대한 이해와 교육의 필요성 - 순자와 한나 아렌트의 사유를 중심으로 -)

  • Jeon, Sun Suk;Kim, Young Hoon;Shin, Chang Ho
    • (The)Study of the Eastern Classic
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    • no.48
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    • pp.253-287
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    • 2012
  • This research aimed to discuss the necessity of education and evil through perspective of Sunja and Hannah Arendt. In case of Sunja, it was reviewed by his opinion about Sunja as the central figure. As for Arendt, it was researched with "Eichmann in Jerusalem" as the central figure which she wrote participating in the trial process of Eichmann who was a war criminal of Nazi. Sunja thought evil as the nature of people and understood that they all are originally selfish, envious, and seeking desire. Therefore, Sunja thought it is important to properly seek human desire. He claimed Haw Seong Gi Wi(化性起僞, changing evil human nature into goodness through manner) which changes human nature from evil to goodness. A teacher who leads evil into goodness is surely needed in the process of Haw Seong Gi Wi. At the same time, in the dimension of educational content it put stress on the role of Ye(禮, manner) which lets them realize discernment so that they properly seek human desire and Ak(樂, harmony) which harmoniously controls human emotion, and key point on education regarding Ye and Ak. As for Arendt, however, she recognized evil as normal one. Even though he thought that conforming the order of superior authority was the best value and then took evil of killing many Jews in thoughtlessness, Eichmann maintained that he did not take evil but only conformed the order. This way, people could take evil in thoughtlessness in totalitarianism, and it makes circumstance that they could not take goodness. Therefore they could take evil in thoughtlessness and experience the radical evil and the banality of evil. Accordingly, political praxis which guarantees people's plurality as the words and praxis is needed. It is named natality because the truth that they are born in this world is a starting point, and makes the essence of education. In this process, teachers have to be a representative of this generation for children as new social members, and be able to keep children's newness. Sunja and Arendt have the same equality and difference in that they referred to the necessity of education to overcome human evil. It is the same quality that goodness could recover the function of community and the practice of education is considered important in the goal of education and the dimension of directivity. It is different in methodical characteristic of education that Arendt, however, suggests praxis as the way that they express themselves in totalitarianism while Sunja thought that continuous practice piling up virtue for goodness is important.

A Study on the System of Private Investigation

  • Park, Jong-Ryeol;Noe, Sang-Ouk
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.1
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    • pp.167-174
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    • 2022
  • Since the Promotion Committee was established on March 25, 2021, urging the enactment of the Detective Business Act, many opinions and attention from all walks of life have been gathered. The Detective Business system, which is also one of the presidential pledges of the current 19th President Moon Jae In, is expected to be significant in that it can promote the development of a welfare state as well as efficient parts such as meeting the demand for security reinforcement services, improving the judicial system, and enhancing internationalization. In accordance with the consensus of the nine judges of the Constitutional Court that the lower part of Article 40 of the "Act on the Use and Protection of Credit Information" which prohibits the use of similar names such as investigating the general life of certain people does not violate the Constitution, detective work became possible regardless of the general life investigation. In particular, the detective job officially appeared on August 5, 2020, and it will be able to provide effective work services to the public by competing with prosecutors, police, and lawyers who have occupied exclusive positions in the field of a criminal investigations. However, although the role of detectives is gradually expanding and society is rapidly changing, illegal activities are prevalent throughout society, and more than 1,600 companies are currently operating suspiciously using the only name of "detectives", but the police are virtually letting go of the situation saying that they are "unauthorized.", and the damage is only going to the people, so at this point, the most worrisome thing is the absence of the law. Meanwhile, amid concerns over institutions overseeing illegal activities caused by the emergence of the detective industry, private security and detectives are similar to each other as in the United States, and it is expected to be able to gain public trust by entrusting the police in charge of managing and supervising private security companies. Therefore, at this time when most OECD countries except Korea legislate the Detective Business Act, prematurely allowing only the detective industry without enacting industry-related laws and systems can further fuel social confusion and hinder the detective industry along with the new fourth industry.

Informed Consent and Refusal of Treatment in Emergency Medical Situation (응급의료에서의 설명·동의 원칙과 응급의료거부죄)

  • Lee, Jung-eun
    • The Korean Society of Law and Medicine
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    • v.23 no.1
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    • pp.37-80
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    • 2022
  • By analyzing informed consent and the refusal of emergency medical treatment (called patient dumping) under the current Emergency Medical Service Act, this study suggests that an emergency medical professional is only liable for patient dumping if their duty to protect the patient's life takes precedence over the patient's right to self-determination. In emergency medical situations, as in general medical situations, medical treatment should be performed after the emergency medical professional informs the patient about the medical treatment, including its necessity and methods, and obtains consent from the patient. Refusing or evading the performance of emergency medical services on the excuse of the informed consent not considering a waiver or alteration of informed consent requirements without reasonable reasons violates the Emergency Medical Service Act and thus makes an emergency medical professional liable to administrative disposition or criminal penalty. In other words, depending on the existence of a waiver of alteration of the informed consent, patient dumping may be established. If the patient is a minor or has no decision-making ability, and their legal representative makes a decision against the patient's medical interests, the opinion of the legal representative is not unconditionally respected. A minor also has the right to decide over their body, and the decisions of their legal representatives should be in the patient's best interests. If the patient refuses treatment, in principle, the obligation of life protection of emergency medical professionals is the top priority. However, making these decisions in the aforementioned situations in the emergency medical field is difficult because of the absence of explicit regulations regarding these exceptional problems. This study aims to organize the following precedents of the Supreme Court of Korea. The court states that, when balancing the conflicting interests between the duty to provide emergency medical service and the duty to inform is unavoidable for emergency medical professionals, they should put the duty to protect the patient's life ahead of the duty to inform if the patient's life matters. Exceptionally, when a patient has seriously considered whether they should receive treatment before the emergency medical situation, their right to self-determination can be considered equal to the obligation of emergency medical professionals to provide emergency medical treatment. This research also suggests that an amendment of the Emergency Medical Service Act should include the following. First, the criteria for determining the decision-making ability of emergency patients should consist of medical content. Second, additional consent from a medical professional is unnecessary for first-aid treatment. Finally, new provisions for emergency medical obligations for minors, new provisions for the decision standard when there are conflicting opinions about the treatment of a patient, and new penalty provisions for professionals who suspend emergency medical examinations and treatments need to be established.

Enhancing the performance of the facial keypoint detection model by improving the quality of low-resolution facial images (저화질 안면 이미지의 화질 개선를 통한 안면 특징점 검출 모델의 성능 향상)

  • KyoungOok Lee;Yejin Lee;Jonghyuk Park
    • Journal of Intelligence and Information Systems
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    • v.29 no.2
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    • pp.171-187
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    • 2023
  • When a person's face is recognized through a recording device such as a low-pixel surveillance camera, it is difficult to capture the face due to low image quality. In situations where it is difficult to recognize a person's face, problems such as not being able to identify a criminal suspect or a missing person may occur. Existing studies on face recognition used refined datasets, so the performance could not be measured in various environments. Therefore, to solve the problem of poor face recognition performance in low-quality images, this paper proposes a method to generate high-quality images by performing image quality improvement on low-quality facial images considering various environments, and then improve the performance of facial feature point detection. To confirm the practical applicability of the proposed architecture, an experiment was conducted by selecting a data set in which people appear relatively small in the entire image. In addition, by choosing a facial image dataset considering the mask-wearing situation, the possibility of expanding to real problems was explored. As a result of measuring the performance of the feature point detection model by improving the image quality of the face image, it was confirmed that the face detection after improvement was enhanced by an average of 3.47 times in the case of images without a mask and 9.92 times in the case of wearing a mask. It was confirmed that the RMSE for facial feature points decreased by an average of 8.49 times when wearing a mask and by an average of 2.02 times when not wearing a mask. Therefore, it was possible to verify the applicability of the proposed method by increasing the recognition rate for facial images captured in low quality through image quality improvement.

Research on Generative AI for Korean Multi-Modal Montage App (한국형 멀티모달 몽타주 앱을 위한 생성형 AI 연구)

  • Lim, Jeounghyun;Cha, Kyung-Ae;Koh, Jaepil;Hong, Won-Kee
    • Journal of Service Research and Studies
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    • v.14 no.1
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    • pp.13-26
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    • 2024
  • Multi-modal generation is the process of generating results based on a variety of information, such as text, images, and audio. With the rapid development of AI technology, there is a growing number of multi-modal based systems that synthesize different types of data to produce results. In this paper, we present an AI system that uses speech and text recognition to describe a person and generate a montage image. While the existing montage generation technology is based on the appearance of Westerners, the montage generation system developed in this paper learns a model based on Korean facial features. Therefore, it is possible to create more accurate and effective Korean montage images based on multi-modal voice and text specific to Korean. Since the developed montage generation app can be utilized as a draft montage, it can dramatically reduce the manual labor of existing montage production personnel. For this purpose, we utilized persona-based virtual person montage data provided by the AI-Hub of the National Information Society Agency. AI-Hub is an AI integration platform aimed at providing a one-stop service by building artificial intelligence learning data necessary for the development of AI technology and services. The image generation system was implemented using VQGAN, a deep learning model used to generate high-resolution images, and the KoDALLE model, a Korean-based image generation model. It can be confirmed that the learned AI model creates a montage image of a face that is very similar to what was described using voice and text. To verify the practicality of the developed montage generation app, 10 testers used it and more than 70% responded that they were satisfied. The montage generator can be used in various fields, such as criminal detection, to describe and image facial features.

Literature Review on Applying Digital Therapeutic Art Therapy for Adolescent Substance Addiction Treatment (청소년 마약류 중독 치료를 위한 디지털치료제 예술치료 적용을 위한 문헌연구)

  • Jiwon Kim;Daniel H. Byun
    • Trans-
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    • v.16
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    • pp.1-31
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    • 2024
  • The advent of digital media has facilitated easy access for adolescents to environments conducive to the purchase of narcotics. In particular, there's an increasing trend in the purchase and consumption of narcotics mediated through Social Network Services (SNS) and messenger services. Adolescents, sensitive to such environments, are at risk of experiencing neurological and mental health issues due to narcotic addiction, increasing their exposure to criminal activities, hence necessitating national-level management and support. Consequently, the quest for sustainable treatment methods for adolescents exposed to narcotics emerges as a critical challenge. In the context of high relapse rates in narcotic addiction, the necessity for cost-effective and user-friendly treatment programs is emphasized. This study conducts a literature review aimed at utilizing digital platforms to create an environment where adolescents can voluntarily participate, focusing on the development of therapeutic content through art. Specifically, it reviews societal perceptions and treatment statuses of adolescent drug addiction, analyzes the impact of narcotic addiction on adolescent brain activity and cognitive function degradation, and explores approaches for developing digital therapeutics to promote the rehabilitation of the addicted brain through analysis of precedential case studies. Moreover, the study investigates the benefits that the integration of digital therapeutic approaches and art therapy can provide in the treatment process and proposes the possibility of enhancing therapeutic effects through various treatment programs such as drama therapy, music therapy, and art therapy. The application of art therapy methods is anticipated to offer positive effects in terms of tool expansion, diversification of expression, data acquisition, and motivation. Through such approaches, an enhancement in the effectiveness of treatments for adolescent narcotic addiction is anticipated. Overall, this study undertakes foundational research for the development of digital therapeutics and related applications, offering economically viable and sustainable treatment options in consideration of the societal context of adolescent narcotic addiction.

Possibility of Establishing an International Court of Air and Space Law (국제항공우주재판소의 설립 가능성)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.139-161
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    • 2009
  • The idea of establishing an International Court of Air and Space Law (hereinafter referred to ICASL) is only my academic and practical opinion as first proposal in the global community. The establishment of the International Court of Air and Space Law can promote the speed and promote fairness of the trial in air and space law cases. The creation of an ICASL would lead to strengthening of the international cooperation deemed essential by the global community towards joint settlement in the transnational air and space cases, claims and would act as a catalyst for the efforts and solution on aircraft, satellite and space shuttle's accidents and cases and all manpower, information, trial and lawsuit to be centrally managed in an independent fashion to the benefit of global community. The aircraft, satellite and spacecraft's accidents attributes to the particular and different features between the road, railway and maritime's accidents. These aircraft, satellite and spacecraft's accidents have incurred many disputes between the victims and the air and space carriers in deciding on the limited or unlimited liability for compensation and the appraisal of damages caused by the aircraft's accidents, terror attack, satellite, space shuttle's accidents and space debris. This International Court of Air and Space Law could hear any claim growing out of both international air and space crash accidents and transnational accidents in which plaintiffs and defendants are from different nations. This alternative would eliminate the lack of uniformity of decisions under the air and space conventions, protocols and agreements. In addition, national courts would no longer have to apply their own choice of law analysis in choosing the applicable liability limits or un-limit for cases that do not fall under the air and space system. Thus, creation of an International Court of Air and Space Law would eliminate any disparity of damage awards among similarly situated passengers and shippers in nonmembers of air and space conventions, protocols, agreements and cases. Furthermore, I would like to explain the main items of the abovementioned Draft for the Convention or Statute of the International Court of Air and Space Law framed in comparison with the Statute of the International Court of Justice, the Statue of the International Tribunal for the Law of the Sea and the Statute of the International Criminal Court. First of all, in order to create the International Court of Air and Space Law, it is necessary for us to legislate a Draft for the Convention on the Establishment of the International Court of Air and Space Law. This Draft for the Convention must include the elected method of judges, term, duty and competence of judge, chambers, jurisdiction, hearing and judgment of the ICASL. The members of the Court shall be elected by the General Assembly and Council of the ICAO and by the General Assembly and Legal Committee of the UNCOPUOS from a list of persons nominated by the national groups in the six continent (the North American, South American, African, Oceania and Asian Continent) and two international organization such as ICAO and UNCOPUOS. The members of the Court shall be elected for nine years and may be re-elected as one time. However, I would like to propose a creation an International Court of Air and Space Law in extending jurisdiction to the International Court of Justice at the Hague to in order to decide the air and space convention‘s cases. My personal opinion is that if an International Court on Air and Space Law will be created in future, it will be settled quickly and reasonably the difficulty and complicated disputes, cases or lawsuit between the wrongdoer and victims and the injured person caused by aircraft, satellite, spacecraft's accidents or hijacker and terrorists etc. on account of deciding the standard of judgment by judges of that’s court. It is indeed a great necessary and desirable for us to make a new Draft for the Convention on a creation of the International Court of Air and Space Law to handle international air and space crash litigation. I shall propose to make a new brief Draft for the Convention on the Creation of an International Court of Air and Space Law in the near future.

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