• Journal of Legislation Research
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• no.44
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• pp.611-653
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• 2013

An whistle-blowing is recognition of acts of misconduct or corruption by individuals(laborers) or party which belongs to a certain organization and it refers to the act of informing to the senior organization or to the outside public agency to avoid jeopardies that could be potentially lead against benefit of the public. These whistle-blowings can be a Ansatz that improve corporation's transparency and accountability by prevention of enterprise's misconduct as well, it has been recognized as an important role for the establishment of corporate ethics, moreover, social justice. What to be treated primarily as labor law problem is arousing some controversies of the possibility that the public announcement could be whether a disciplinary punishment or not because it brings some mischievous effects for the honor and the reputation to the company which conducted the illegal actions and the action of the contrary to the social value. And futhermore, recently, the matter of compensational responsibility according to the arrangement conversion, bullying followed by the informant has been brought up. The fundamental standpoint of precedent related with the judgement of justification for the punishment as reason of the whistle-blowing ought to do the sincere duty for the labor contract which is the employees are supposed to consider the employer's profits. For that reason, if the emploee release the inside fact to the public and give any damages to employer's secret or confidence or honor, it will be a causing reasong of the disciplinary punishment, but in specific cases, the relevant and level of punishment limitation can be judged by the contents of public announcement and the truth, the purpose of the acts and details and the way of announcement. Precisely, on the assumption that there are necessity of the characteristic profit or the freedom of expression for the informant, with overall consideration whether or the basis part of the informant is true or there is a fair reason which make the informant believe is true or the purpose of informant has the public profit or the contents of the whistle-blowing are important for relevant organization or the means and the way was suitable, if the whistle-blowing are approved to be resonable, the organization are not permitted the reprimand or dismiss Futhermore, to find the solution for the issues of the disciplinary punishment and the treatment of all sorts of disadvantages, for the reason of whistle-blowing, since the protection law for public declarer which was enacted in last 2011 have the position as the general law, the purport of the equal law has to be considered sytematically and also the judicial precedent which is related to the justification of whistle-blowing are needed to be considered as well.

• Journal of the Korean Society of Radiology
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• v.15 no.6
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• pp.803-811
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• 2021

In this study, the exposure amount of IASCC test worker was evaluated by applying the process simulation technology. Using DELMIA Version 5, a commercial process simulation code, IASCC test facility, hot cells, and workers were prepared, and IASCC test activities were implemented, and the cumulative exposure of workers passing through the dose-distributed space could be evaluated through user coding. In order to simulate behavior of workers, human manikins with a degree of freedom of 200 or more imitating the human musculoskeletal system were applied. In order to calculate the worker's exposure, the coordinates, start time, and retention period for each posture were extracted by accessing the sub-information of the human manikin task, and the cumulative exposure was calculated by multiplying the spatial dose value by the posture retention time. The spatial dose for the exposure evaluation was calculated using MCNP6 Version 1.0, and the calculated spatial dose was embedded into the process simulation domain. As a result of comparing and analyzing the results of exposure evaluation by process simulation and typical exposure evaluation, the annual exposure to daily test work in the regular entrance was predicted at similar levels, 0.388 mSv/year and 1.334 mSv/year, respectively. Exposure assessment was also performed on special tasks performed in areas with high spatial doses, and tasks with high exposure could be easily identified, and work improvement plans could be derived intuitively through human manikin posture and spatial dose visualization of the tasks.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.75-103
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• 2020

There is a growing voice that medical information should be shared because it can prepare for genetic diseases or cancer by analyzing and utilizing medical information in big data or artificial intelligence to develop medical technology and improve patient care. The utilization and protection of patients' personal information are the same as two sides of the same coin. Medical institutions or medical personnel should take extra caution in handling personal information with high environmental distinct characteristics and sensitivity, which is different from general information processors. In general, the patient's personal information is processed by medical personnel or medical institutions through the processes of collection, creation, and destruction. Still, the use of terms related to personal information in the Medical Service Act is jumbled, or the scope of application is unclear, so it relies on the interpretation of precedents. For the medical personnel or the founder of the medical institution, in the case of infringement of Article 24(4), it cannot be regarded that it means only medical treatment information among personal information, whether or not it should be treated the same as the personal information under Article 23, because the sensitive information of patients is recorded, saved, and stored in electronic medical records. Although the prohibition of information leakage under Article 19 of the Medical Service Act has a revision; 'secret' that was learned in business was revised to 'information', but only the name was changed, and the benefit and protection of the law is the same as the 'secret' of the criminal law, such that the patient's right to self-determination of personal information is not protected. The Privacy Law and the Local Health Act consider the benefit and protection of the law in 'information learned in business' as the right to self-determination of personal information and stipulate the same penalties for personal information infringement such as leakage, forgery, alteration, and damage. The privacy regulations of the Medical Service Act require that the terms be adjusted uniformly because the jumbled use of terms can confuse information subjects, information processors, and shows certain limitations on the protection of personal information because the contents or scope of the regulations of the Medical Service Law for special corporations and the Privacy Law may cause confusion in interpretation. The patient's personal information is sensitive and must be safely protected in its use and processing. Personal information must be processed in accordance with the protection principle of Privacy Law, and the rights such as privacy, freedom, personal rights, and the right to self-determination of personal information of patients or guardians, the information subject, must be guaranteed.

• Journal of Korean Philosophical Society
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• v.144
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• pp.167-203
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• 2017

In this paper I will investigate the problems of the Ego of Kant, Husserl and $Yog{\bar{a}}c{\bar{a}}ra$ from the standpoint of $trisvabh{\bar{a}}va$ and the transformation of the basis of $Yog{\bar{a}}c{\bar{a}}ra$. Kant's Copernican revolution and Husserl's Phenomenological reduction are the keys to understanding their philosophies. We especially want to look into the comparison between the Ego of Kant, Husserl and $Yog{\bar{a}}c{\bar{a}}ra$. According to Kant, we need the transcendental Ego as absolute in order to unite consciousness. Kant criticizes traditional metaphysics which had argued that the metaphysicians regard the transcendental Ego as substance. If they regard the transcendental Ego as an empirical object, this attempt will be in vain, because they seek to know unknown things. Husserl's phenomenological reduction is properly understood as a method designed to transform a philosopher into a phenomenologist by virtue of the attainment of a certain perspective on the world phenomenon. We will find the field of the transcendental, absolute ego through phenomenological reduction. Transcendental, absolute ego constitutes our whole world and gives meaning to the world. $Yog{\bar{a}}c{\bar{a}}ra$ argues that what our ordinary consciousness (the sixth consciousness) regards subjectivity and objectivity as separate, or that self and the world is an imagination that $alaya-vij{\tilde{n}}ana$, the mind more profound than the ordinary consciousness, created. $Yog{\bar{a}}c{\bar{a}}ra^{\prime}s$ $alaya-vij{\tilde{n}}ana$ creates the whole objects and the consciousness (the sixth), so we must regard them as illusionary. $Yog{\bar{a}}c{\bar{a}}ra$ insists that there are three natures of mind and we attain the transformation of the basis in mind. Based on this point of view, Kant, Husserl and $Yog{\bar{a}}c{\bar{a}}ra$ want to transcend and overcome the limits of the ordinary consciousness, and then they want to find the absolute truth (everything) and want to be a men of freedom.

• Cross-Cultural Studies
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• v.48
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• pp.361-389
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• 2017

This essay examines 'precarity politics' by Judith Butler, a well-known gender theorist and queer philosopher, in Notes Towards a Performative Theory of Assembly (2015) focused on concepts as unchosen cohabitation of Hannah Arendt and unwilled proximity of Emmanuel Levinas. Butler's precarity politics is the condition of our dispossessed political beings with fundamental vulnerability and interdependency that cannot choose with whom we will live on this Earth. Butler's political ethics is twofold: on one hand, she examines significance of 'action'' the most significant vita activa in the public area, and 'plurality'' the condition-not only the necessary condition but the possible condition-for a political life suggested by Hannah Arendt in Human Condition; on the other hand, Butler reflects upon global precarity based on a diasporic precarious life in the social world towards freedom and equality. Unchosen cohabitation of plural humans on Earth, and global pervasion of precarity, that indicates "politically induced condition in which certain populations suffer from failing social and economic networks of support and become differentially exposed to injury, violence, and death," so called "differential distribution of precariousness," are practical possibilities of ethical and equal cohabitation of different ethnic groups in the social world. Ethical obligations or ethical demand to respond to others' suffering in distance and proximity originated from precarity politics, mentioned in Precarious Life, Parting Ways, and Frames of War, could be non-foundational joint of plural people living together globally. We should presume the 'reversibility' of distance and proximity in others' suffering, based on responsiveness and responsibility of others, if we want to stay attuned to the pain of others we never chose to live together. That is the significance of Butler's 'precarity politics' with 'ethical obligation' to accept 'unchosen plurality' of living population on Earth, and 'reversibility between of distance and proximity,' in her 'new plural and embodied body politics' or 'new corporeal ontology', through human primary vulnerability, fundamental interdependency, being exposed and responsive to suffering of others.

• Korean Journal of Heritage: History & Science
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• v.36
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• pp.347-377
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• 2003

China is a country with large agricultural areas and subject to frequent calamities. Drought is the top of them. It has been a key problem for development of agriculture in the country. In the long struggle against drought, Chinese have accumulated many rational and irrational experiences. The Dragon Kings Belief, which is popular in North China and discussed in a thesis, is one of their irrational experiences. The belief was passed together with Buddhism from India to China in the Tang Dynasty. After it settled down, it was incorporated with the local five dragons belief and a set of beliefs in dragon kings came into existence. The emergence of the dragon kings belief ended the history that the title of rain got was not clear in China and Dragon kings finally got the status. Irrigation is the lifeblood of agriculture in China. In a Chinese mind, Dragon kings are the most important gods who take charge of rain and thus offer the lifeblood. In understanding the nature and characteristics of Chinese traditional culture, it is important for us to make clear the origin and evolution of the belief, find out its nature, function and operation. In the every year beginning of February of the Fanzhuang calendar in the people of Hebeisheng Zhaoxian, would all hold a festival to offer sacrifices to the $^{{\circ}TM}^{\prime}longpai$. Longpai was regarded as the core of the temple fair, thus the native sons came to call this festival; "longpaihui". In this region the'Fanzhuang longpaihui'developed into a well knownand grand temple fair. It was able to attract numerous pilgrims with its special magic power, occupying a place in $China^{{\circ}TM}$ 'eryueer'festival with festive dragon activities. The dragon is a common totem among Chinese nationals. The belief worship of the dragon dates from the start time of primitive societies. Dragon oneself the ancients worship's thunder lightning. In the worship of the great universe, at first afterwards this belief with the tribe's totem worships to combine to become the animal spirit. In ancient myths legends, along with folk religion and beliefs all hold a very important position. The longpaihui is a temple fair without a temple; this characteristic is a distinction between longpaihui and other temple fairs. As for longpaihui must of the early historical records are unclear. The originator of a huitou system has a kind of organized form of the special features rather, originator of a huitou not fix constant, everything follows voluntarily principle, can become member with the freedom, also can back at any time the meeting. There is a longpaihui for 'dangjiaren', is total representative director in the originator of a huitou will. 'banghui' scope particularly for extensive, come apparently every kind of buildup that help can return into the banghui, where is the person of this village or outside village of, the general cent in banghui work is clear and definite, for longpaihui would various businesses open smoothly the exhibition provides to guarantees powerfully. Fanzhuang longpaihui from the beginning of February to beginning six proceed six days totally. The longpai is used as the ancestry absolute being to exsits with the community absolute being at the same time in fanzhuang first took civil faith, in reality is a kind of method to support social machine in native folks realize together that local community that important function, it provided a space, a kind of a view to take with a relation, rising contact, communication, solidify the community contents small village, formation with fanzhuang. The fanzhuang is used as supplies for gathering town, by luck too is this local community trade exchanges center at the same time therefore can say the faith of the longpai, in addition to its people's custom, religious meaning, still have got the important and social function. Moreover matter worthy of mentioning, Longpai would in organize process, from prepare and plan the producing of meeting every kind of meeting a longpeng of the matter do, all letting person feeling is to adjust the popular support of, get the mass approbation with positive participate. Apart from the originator of a huitou excluding, those although not originator of a huitou, however enthusiasm participate the banghui of its business, also is too much for the number.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.169-197
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• 2018

The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

• The Korean Journal of Archival Studies
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• no.46
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• pp.153-187
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• 2015

This study aims to discuss issues about non-existent information of the information disclosure system and to provide alternative strategies for the issues. For the theoretical discussion it reviews the definitions and standards of non-existent information and analyzes legal aspects and statistical changes of non-existent information. Furthemore, in order to discuss a current status and problems of non-existent information at the central administrative agencies, it analyzes the cases of the non-existent information notification. According to analysis results, non-existent information status of the surveyed institutions is a total of 4,421 cases for three years and it shows the continuous increasing trend year after year. The number of institutions that have the number of non-existent information equal to the number of nondisclosures or over it reached about 40%. It means excluding non-existent information from the reasons of nondisclosure influenced disclose rates and nondisclosure rates of many agencies. In the type analysis of the non-existent information reasons, the most main reason, the case of not producing or receiving the requested information by public institutions takes over 75% among the whole reasons. The next reason is the case of collecting or processing information takes over 7-10%. This study found the operational issues, as analyzing notifications of non-existent information. The operational issues are 1) the incomplete explanation of non-existent information, 2) the unclear scope of the collection and processing, 3) the problem of the transfer processing, and 4) the problem of recording management. Therefore, this study suggested some improvements of the perspective and the technical and procedural aspects. First, information disclosure issues including non-existent information are to be understood as an extension of records management. Second, disclosure service should improve overall based on advanced understanding. Third, the management procedures of non-existent information should be improved. Fourth, specific guidelines for handling non-existent information should be developed.

• Korean Journal of Environment and Ecology
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• v.35 no.4
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• pp.336-346
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• 2021

The enforcement of the Nagoya Protocol, which regulates the acquisition and use of genetic sources, an essential material for biotechnology R&D, has imposed a burden for additional documentation works to researchers. In the past, countries regarded genetic resources as a common human heritage and thus allowed researchers to use them freely. However, they can no longer afford the luxury of such freedom now since many countries are introducing new laws and regulations on the acquisition and use of the resources as the Nagoya Protocol recognizes the exclusive ownership of genetic resources. Therefore, Korea, which is highly dependent on foreign genetic resources, needs a more systematic response. This paper aims to review the key contents of the Nagoya Protocol to raise awareness among domestic and foreign genetic resource users, including researchers of environment and ecology and present the overall structure, and flow of acquisition, access, and benefit sharing (ABS) for the use of foreign genetic resources to help them respond appropriately to the new landscape. The researchers' efforts and support at the national level are necessary at the same time to appropriately respond to the Nagoya Protocol. First, the researchers must understand the overall framework and the specific response in each stage under the Nagoya Protocol scheme. It is necessary to respond to the ABS procedure of the resource provider country from accessing genetic resources to sharing benefits resulting from it. In that regard, the Nagoya Protocol has imposed more restrictions on research activities and raised the burden outside of research. The current trend of recognizing the country's sovereign rights over genetic resources is likely to continue and widespread worldwide as resource-rich countries are expected to continue protecting their resources. Therefore, our study will help environmental ecology researchers understand ABS and conduct research under the Nagoya Protocol and legal obligations of resource provider countries step by step, from access to benefit sharing.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.29 no.4
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• pp.170-181
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• 2011

This Research will explore the meaning indicated in the landscape meaning and feature of literary group culture, focusing in Gurujeong(九老亭: pavilion for nine elders) and Samgaeseokmun(三溪石門: stone gate in three valleys) located in Dundeok-myun, Imshil-gun, and will seek to understand the implications by studying the cultural landscape spread out in the area. The place where Gurojeong and Samgaeseokmun is located is the meeting point of the three valleys, Dunnam stream, Osu stream, and Yul stream, which is the main location to view the beautiful scenery, which has the nickname as the dwelling place of a celestial being. Especially, based on the description of old maps, "Samgae(three valleys)" and "Samgaeseokmun" possesses significance as a landmark and shows a characteristic feature of landscape structures of low hills. Dangugurohwe(丹丘九老會: nine elders gathering on the dwelling of a celestial being) originated from Hyangsangurohwe(香山九老會: gathering of nine elders on a fragrant mountain), where Baekgeoi(白居易) of China was one of the main people. This group was organized by nine elders over the age of 60 desiring to view the scenery of Doyeonmyeong. The group enhanced the literary spirit on the low hill, erecting a tower, and enjoying the beautiful scenery changing every season with scholars from the same region. This phenomenon seems to have been formed upon the positive response to gatherings of elders, which were prevalent in the Joseon Dynasty. If the internal idea pursued by the group was "longevity," the external idea pursued can be summarized as "the spirit the respect for the elders." Naming the groups as 'Dangudae(place where the celestial being lives), Guseondong(valley of seeking a celestial life), Bangjangsan(mountain of a high priest), and Daecheondae(place of communicating with God) was likely a device to introspect oneself and symbolize one's life process. Furthermore, the reason Samgaeseokmun, which is an imitation of Choi, Chiwon's work, was built near Soyocheo, was probably to yearn the celestial land and based on the desire to follow Choi, Chiwon, who was the most self-fulfilling being presumed to have become a celestial being by practicing the pursuit of freedom, escaping from the reality. After tracing the symbolizing meaning of the four letters carved in the left side of the stone wall of Dangudae, the conclusion that this place was not only a place for literary gatherings of the nine elders of Saseong(four families), but was a place where the celestial being dwelled could be inferred. Corresponding with Dangudae and Gurojeong, which are places where the order of human and nature is harmonized and where its meaning associated with the location intensifies, arouses strong bond, can be said to be the symbol of the traces of celestial beings where the spirits of attachment to a certain place is embedded. The acts performed in Dangugurohwe were those of traditional leisure including strolling, viewing the scenery, drinking, composing poems, and playing instruments, and sometimes listening to stories, tea ceremony, prayers, and fishing were added, which indicates that the gathering had a strong tendency towards pastoral and hermit life.