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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.

Thailand in 2016: The Death of King Bhumibol Adulyadej and the Uncertainty in Political Economy (태국 2016: 푸미폰 국왕의 서거와 정치·경제적 불확실성)

  • KIM, Hong Koo;LEE, Mi Ji
    • The Southeast Asian review
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    • v.27 no.2
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    • pp.245-271
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    • 2017
  • The purpose of this study is to examine and assess the major characteristics and changes of politics, economy, and diplomacy in Thailand in 2016. Specifically, it reviewed the New Constitution that was passed in 2016, the confrontation between different political forces and the trend of military regime around the New Constitution, and the political instability caused by the accession of the new king to the throne. This study also set out to figure out changes to the economy and foreign relations of the country, including its relations with South Korea, under the military regime and make predictions for the impact and future prospects of King Bhumibol Adulyadej's death on the politics and economy of the country. In 2016, the politics of Thailand took a step further toward the transfer of power to civil government and established a foundation for an authoritarian system. The draft of the New Constitution, which does not seem to be democratic, was approved by a referendum and enabled the military authorities to continue their political interventions, even after the general election. The New Constitution, in particular, reduces the power of political parties itself in addition to simply keeping the Thaksin's party in check; thus, anticipating ongoing conflicts between the military authorities and political parties. In this situation, the absence of King Bhumibol Adulyadej, who used to play a decisive role in promoting the political stability of the country, and the accession of the new king to the throne raise concerns about the acceleration of political instability, which has continued after the coup and influenced the diplomatic relations of the country. Today, Thailand is distancing itself from Western nations that do not recognize the current military regime including the U.S.A. and EU member states and instead maintains a rapidly friendly and close relation with China. In 2016, the economy of Thailand made a gradual recovery rather than high growth. The death of King Bhumibol Adulyadej has exerted limited direct economic impacts only on individual consumption and tourism and is not likely to cause a recession. An economic crisis will, however, be unavoidable if the political confrontations escalate before the general election to transfer power to the civil government.

A Study on the Factors Obstructing Prostitutes' Escape from Prostitution (성매매 여성들의 탈성매매 저해요인에 관한 연구)

  • Lee, Keun-Moo;Yu, Eun-Ju
    • Korean Journal of Social Welfare
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    • v.58 no.2
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    • pp.5-31
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    • 2006
  • Since enforcement of the anti-prostitution law, in spite of systematic setting helping escape prostitution of the women who engage in prostitution that they have had the will lasting prostitution. Therefore, this study aimed to devise intervention plan helping their escape prostitution and return to social by examining individual and structural factor obstructing their escape prostitution The data were collected through the in-depth interview and text. And these were analysed according to coding, constitution of concept, matching, construction of explanation on the phenomenon. The nine women who engaging in prostitution were participated in this study. As a result of the data analysis, 46 concepts and 10 categories were generated. By classification of individual and structural factor, the outcomes of an interpretation were as follows: The cause obstructing Prostitutes' escape prostitution were (1) distrust on the policy of the government, (2) life-script was made by reaction-formation, (3) predestined resignation caused by anxiety, (4) body as capital goods, and (5) the commensal model with pimp. Based on this result, we proposed practical and political alternative plans for prostitutes.

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An exploratory study on the Press Arbitration Act, freedom of expression, and regulation of false and manipulated information (언론중재법과 표현의 자유 그리고 허위·조작 정보의 규제에 대한 탐색적 연구)

  • Kim, Jea-young
    • Journal of Arbitration Studies
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    • v.31 no.4
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    • pp.71-97
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    • 2021
  • The meaning of the amendment to the Media Arbitration Act in our society is not limited to media companies. And it's not just a problem for a specific group. It expresses public value because it is an issue that can affect members of society as a whole and furthermore, it becomes a bill that can infringe or strengthen individual freedom guaranteed by the Constitution, but makes different arguments. Freedom of speech is not achieved in a day and should not be easily lost by someone. Although it is not a frequent problem, fatal threats arising from wrong media reports take away an individual's present and future. It is because of this problem that the responsibility is important. Freedom of speech and control are heading in different directions, but they are the same as the front and back of the coin. The freedom pursued is different, but it consists of one body. If freedom and responsibility of speech made up of one body criticize or ignore each other, the results are scattered into a distorted On the other hand, the flexion of responsibility without freedom serves as a speaker that conveys the ideology of some classes or represents the interests of a particular group. The fact that the media should act as the air of society means that it should represent the interests of the majority, make them aware of the rights of unfair or marginalized members, and be their strength.

Investigation of mechanism and treatment of Bi disease in Huang Di Nei Jing(黃帝內經) (≪황제내경(黄帝内经)≫비병궤리여치료고찰(痹病机理与治疗考察))

  • Ju, Bao-Zhao;Kim, Hyo-Chul
    • Journal of Korean Medical classics
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    • v.27 no.4
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    • pp.15-20
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    • 2014
  • Objectives : We search the contents about Bi disease in Huang Di Nei Jing(黃帝內經), to analyze the significance of Bi disease, etiopathogenisis and pathogenesis of Bi disease, treatment of Bi disease. Methods : We find that the key feature of Bi disease is joint pain induced by impatency of Qi and blood. Exterior and interior etiological factors are involved in, such as exogenous evil of cold and dampness, emotional disorders, intemperance of taking food, dysfunction of yingqi and weiqi, strong or weak constitution, etc. Results : The important pathogenesis are invaded by exogenous evil because of deficiency, disharmony of yingqi and weiqi and disharmony of five viscera. The key points of treatments are the individual concerned therapy and climate concerned therapy, selecting the acupoint according to the differentiation of symptoms and signs. Conclusions : The combined therapy should be used such as acupuncture and moxibustion, hot application of medicine, massage, Daoyin, outside apply, etc. These supply the theory foundation for etiological factor, pathogenesis, syndrome and treatment, and to direct the diagnosis and treatment of Bi disease later generations.

The outline and prospects of Sasang Constitutional Medicine

  • Koh, Byung-Hee
    • Journal of Sasang Constitutional Medicine
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    • v.30 no.1
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    • pp.1-6
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    • 2018
  • In modern western science, the humanities and social sciences are separated from the natural sciences. However, new interpretations should be explored based on holistic concepts and the principles of wholeness found in eastern nature. Examples of the latter from Korea include Lee Je Ma's Sasang Constitutional Medicine(SCM). We aimed to examine the features and problems associated with SCM, as well as approaches to these problems. Sasang constitutional medicine suggests that an individual's constitution is determined congenitally, and the body and mind need to be considered simultaneously when treating disease. And SCM thinks that individuality is important in clinical practice even in social relationship. SCM needs to develop for objective diagnoses, and basic research needs to be conducted in parallel such as study of the Confucian classics and neo-confucianism. Expanding the scope of patient-centric academic exchange has been raised as an important issue to exchange with Western medicine and so on. SCM can be the medicine that places humanity at the center, and its mentality could apply to preventive medicine and personalized medicine. So it has positive influence on construction of a healthy society and improvement of healthcare worldwide.

The review of Oriental medical therapy on Allergic rhinitis (알레르기성 비염의 한방(韓方)치료에 대한 고찰)

  • Kim Chang-Hwan;Woo Hyun-Su
    • The Journal of Korean Medicine
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    • v.27 no.1 s.65
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    • pp.155-164
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    • 2006
  • Objectives : The aim of this study is to review allergic rhinitis and to help make full use of oriental medical therapy in this disease. Methods : We investigated the published papers with the key word 'allergic rhinitis' and refered to several important old records Results : 1. Allegic rhinitis in Oriental Medicine is known as bigu, bunche and the main symptoms is rhinorrhea, sneezing, nasal obstruction. 2. The cause of allergic rhinitis in Oriental Medicine is dysfunctions of the spleen, lung and kidney systems bring weakness to the vital energy(正氣) making wind and cold(風寒邪氣) energy easy to intrude. 3. Determination of the patient's constitution and understanding of the weakness of spleen, lung and kidney systems helps improve the treatment rate, it is used to treat allergic rhinits with herbal medicines, acupunctures and so on. 4. In acupuncture therapy, the mainly used acupuncture points are 迎香(younghyang), 印堂(yindang), 鼻通(bitong), 上星(sangsung), 合谷(habgouk). Conclusions : The Oriental Medicine treatment principal of rhinitis is strengthening the body resistance and eliminating the pathogenic factors according to the individual characters of each patients and the symptoms.

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A Study on the right to be forgotten in Digital Information Societies

  • Gu, Hyung-Keun
    • Journal of the Korea Society of Computer and Information
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    • v.22 no.10
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    • pp.151-157
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    • 2017
  • In the case of uploading privacy information of an information owner in the Internet, the information owner may want to deliver the privacy information itself or remove such information from the search list in order to prevent third parties from accessing the privacy information of the information owner. Such a right to be forgotten may collide with the freedom of expression of a third party. The right to be forgotten, which originates from the self-determination right on privacy information based on Article 10 and 17 of the Constitution and the freedom of expression, which is based on Article 21 thereof are all relative basic rights and are both limited by Item 2 under Article 37 of the same law, which is the general limitation provision for the basic rights. Therefore, when the right to be forgotten and the freedom of expression collides, it is not possible to give priority to one of the those unilaterally. It depends on the nature of the case at hand to find a natural balance for the harmonious solution for both parties. The criteria can be the sensitivity to the privacy of the information owner caused by the disclose of the privacy information, the public benefits such information may serve, the social common good that could be expected by the disclosure of the privacy information and the damages suffered in terms of the personal interest caused by the disclosure of the information, in a comprehensive manner.

Comparison of Oriental and Western Nutrition for the Improvement of Health and Chronic Diseases Therapy (건강과 질병치료 효능 증진을 위한 한방영양과 현대영양관리의 비교)

  • Yang, Kyung-Mi;Kim, Mi-Rim
    • Journal of the Korean Society of Food Science and Nutrition
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    • v.35 no.8
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    • pp.1106-1114
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    • 2006
  • Good health and longevity are the goal of human beings. Dietary treatment for the improvement of health and chronic diseases therapy has been occupied an important position in Oriental and Western medicine. In this paper, the viewpoints of dietary treatment in Oriental and Western medicine were compared. The principle of Yin-Yang and five elements, as a standing rule that establishes the theory of Oriental medicine and origin of the oriental philosophy, it provides the based of the Oriental medicine's outlook of the world. The principles of dietary treatment in Oriental medicine was reasonable combination of food, balance of Oh-Mi and temperance of food. Nutritional therapy in Oriental medicine has done the phase of Bian Zheng by individual characteristics. The theory of Yin-Yang and five elements, Ki-Mi, Sasang Constitution Medicine and Kyi-Kyung were obviously recognized the theory of nutrition therapeutics in Oriental medicine. In Western medicine, dietary treatment supplies individuals with a recipe of calorie and specific nutrients. The Food Exchange System was very convenient way of practice in nutrition therapy. But each of dietary treatment in Oriental and Western nutrition has strong and week points. So we need to study enough materials to treatment of Oriental nutrition and Western nutrition for the improvement of health and chronic diseases therapy.

A Comparative Analysis of Corporate Governance Guidelines: Bangladesh Perspective

  • Rahman, Md. Musfiqur;Khatun, Naima
    • Asian Journal of Business Environment
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    • v.7 no.2
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    • pp.5-16
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    • 2017
  • Purpose - The purpose of this research study is to make a comparative analysis between corporate governance guidelines 2016 and 2012 and area of further improvement to ensure better governance, accountability and transparency. Research design, data and methodology - This research study is mainly based on the corporate governance guidelines 2016 and 2012 issued by the regulatory authority known as Bangladesh Securities and Exchange Commission (BSEC). Results - This study finds that corporate governance guideline 2012 include some new issues such as criteria and qualification of independent director; some additional statements in the directors' report; mandatory requirement of separation of chairman and CEO; constitution of audit committee; chairman of audit committee; role of audit committee, duties of CEO and CFO on financial statements; and collection of compliance certificate from professional accountant or secretary in compare to corporate governance guidelines 2016. Conclusions - This study suggests that the regulatory authority should include more issues such as tax management and reporting, risk management and reporting; individual and overall performance analysis of the board and independent directors; separate nomination and compensation committee; assessment of true independence of the board and its supporting committees to ensure higher quality of corporate governance and transparency.