• Title/Summary/Keyword: legal thought

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The Characteristic of Shang Yang's Legal Reforms and Thought - Focusing on the application of the three-step theory of norms - (상앙의 변법과 법치사상의 특성 - 규범 3단계설의 적용을 중심으로 -)

  • Lee, Jong-sung
    • Journal of Korean Philosophical Society
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    • v.147
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    • pp.333-356
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    • 2018
  • Shang Yang was a person who, as a representative of the former School of Law, not only had an effect of thought on Han Fei Tzu, but also put a cornerstone of Qin Shi Huang's great universal unification by placing small and weak Qin Dynasty in a border area in the rank of a newly rising powerful nation. He is especially regarded as a person who valued laws and established the theoretical framework of legalist thought of School of Law systematically. To begin with, this writing examines the contents of the enforcement of legal reforms relevant to the prerequisite of Shang Yang's legal thought in historical archives, and confirms that Shang Yang succeeded in accomplishing legal reforms twice and that the aim of the legal reforms was to realize national prosperity and military power for the universal unification. This writing also takes notice of the fact that Shang Yang's legal thought went through specific steps for unifying the legal authority and the power of the monarch. Especially this writing focuses on applying the three-step theory of norms that was presented in the western social and political norm theory to Shang Yang's legal thought and on examining the characteristic and meaning explicitly. In short, the social and political norms go through emergence, cascade, and internalization. This writing aims to confirm that Shang Yang's legal thought also went through these three steps and was specified. Specifying this critical mind, this writing is a result which discusses that Shang Yang's legal thought went though the steps of the selective prescriptivism of emergence, the monarchical absolutism through sever punishment, and the internal monarchism for national prosperity and military power, and that the thought was systemized. Finding that the contents of Shang Yang's legal thought correspond to the three-step theory of norms and produce the individual meaning is the independent characteristic of this writing. It is the aim of this writing that the system and meaning of Shang Yang's legal thought will be confirmed more explicitly through this contextual examination.

A Study of Nurse Legal Obligation and Responsibility Related to their work (간호업무와 관련한 법적 의무 및 책임에 대한 조사 연구)

  • Yang, Kyung-Hee;Hwang, Jong-Hoon;Kim, Young-Hee
    • Research in Community and Public Health Nursing
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    • v.9 no.2
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    • pp.303-312
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    • 1998
  • The purpose of this study was to survey the knowledge level, attitude and practice of nurses toward their work. The subjects of the study were composed of 98 nurses from 3 general hospitals, 1 oriental medical hospital, 2 health centers and several community health posts and schools. Data were collected from May to October, 1998. In data analysis, an SPSS PC program was utilized for descriptions. 1) 16 nurses (16.3%) experienced medical accidents on the 7 nurses(7.1%) 1 time, 6 nurses (6.1%) 2 times, and 3 nurses(3.1%) 3 times. 2) Concerning knowledge of their legal obligations ; the prohibition of telling secrets was .89, the prohibition of reading medical records was .58, the keeping of medical records was 1.0 and the teaching of recuperation was. 79. The total mean score was. 86. Concerning attitude and practice; the prohibition of telling secrets was 81.6%, 63.3%. The prohibition of reading medical records was 61.2%, 60.2%. The keeping of medical records was 98%, 98%. The explanation for treatment, care and test was 91.8%, 66.3%. The teaching for recuperation was 63.3%, 63.3%. 3) Knowledge of their legal responsibilities; 29. 6% of the subjects thought that they should report a medical accident to their headnurse, but 75.5% of the subjects actually reported to the headnurse. 39.8% of the subjects thought that nurses were liable for the faults of nursing aides. The total mean score was .45. 46% of the subjects asked a senior staff's advide on difficult affairs. Nurses obeyed legal obligations when concern ing the protection of a client, but were passive when concerning self protection. Also, headnurses were required as adviser, guide and advocate.

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A Comparative Study between Donghak's In-nae-cheon and the Three Essential Attitudes in Daesoon Thought (동학 인내천과 대순사상 삼요체의 비교연구)

  • Kim Yong-hwan
    • Journal of the Daesoon Academy of Sciences
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    • v.48
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    • pp.269-303
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    • 2024
  • Donghak's teaching, In-nae-cheon, means "humans are divine." It is said, "When humans were formed, God's blessing was required for their formation." Donghak's Sincerity, Respectfulness, and Faithfulness is based on believing in God, respecting God, and practicing His teachings with utmost sincerity. These are key to implementing In-nae-cheon. On the other hand, the Three Essential Attitudes in Daesoon Thought, also Sincerity, Respectfulness, and Faithfulness, appear in a religious sense. These can be distinguished from Sincerity, Respectfulness, and Faithfulness in the Donghak moral sense. Sincerity, Respectfulness, and Faithfulness in the context of the Three Essential Attitudes in Daesoon Thought goes beyond moral awareness, and calls for belief in God as the Absolute. Accordingly, Sincerity, Respectfulness, and Faithfulness in this context, that of Daesoon Thought, aims at the realization of an Earthly Paradise wherein God's will can be achieved. Humans participating in the construction of Earthly Paradise value the practice of Sincerity, Respectfulness, and Faithfulness. In Daesoon Thought, it is said that when one exerts sincerity, respect, and faith in God (Sangje), all the blessings and fortune of the Later World, even those of longevity, will be endowed through transformation via effortless action (無爲而化). Accordingly, Sincerity, Respectfulness, and Faithfulness in the context of the Three Essential Attitudes in Daesoon Thought is based on God's descent into the world and His Reordering Works of Heaven and Earth (天地公事). This is a religious faith that worships Sangje and is based on the doctrinal dimension of 'guarding against self-deception (毋自欺)' and the philosophical dimension of Sincerity, Respectfulness, and Faithfulness in the context of the Three Essential Attitudes in Daesoon Thought. Donghak's In-nae-cheon and the Three Essential Attitudes in Daesoon Thought can be compared and analyzed. Therefore, in order to clearly compare and analyze the moral significance of Donghak history and the religious meaning of Daesoon Thought, Roderick Ninian Smart's method of religious phenomenology can be actively used. In this way, the ethical and legal dimensions of Donghak's In-nae-cheon and the doctrinal and philosophical dimensions of the Three Essential Attitudes in Daesoon Thought can be compared and analyzed. From this style of research, it can be concluded that the realization of commonly shared spirituality can be an opportunity for greater human dignity.

Study for a Sustainable Program of the Professional Long-term Care Workers (전문성이 강화된 지속가능한 요양보호사 제도 연구)

  • Kyoung, Seung-Ku;Jang, So-Hyun;Lee, Yong-Gab
    • The Journal of the Korea Contents Association
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    • v.18 no.4
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    • pp.290-304
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    • 2018
  • The study proposes a discussion model for long-term care workers as a thought experiment, that strengthens speciality and presents an alternative education & training scheme for long-term care workers. First, the study unpacks the sociodemographic characteristics of license acquisitors and the employed as long-term care workers. In sequence, the study tries to present an alternative education & training scheme of the professional long-term care workers, that is comprised of a new education & training course with NCS in junior colleges for young peoples, intensification of speciality in education & training course through extension of times and deepening contents, introduction of legal refresher training, granting of roles of the NHIC as insurer in legal refresher training, introduction and legal employment of the professional tong-term care workers with career experience and speciality. At last, the study suggests a series of policy projects for realization of that alternative education & training scheme.

A Study on the Legal Status of Apprentice Officers on the Merchant ship (위탁승선실습생의 법적지위 -목포해양전문대학생을 중심으로-)

  • 박성일
    • Journal of the Korean Institute of Navigation
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    • v.14 no.3
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    • pp.63-73
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    • 1990
  • Students of the Mogpo Merchant Marine College must complete one year's shipboard training course according to IMO(International Maritime Organization) regulations as an obtaining matter of Certificate of Competency. The purpose of this shipboard training course lies int he student's acquiring practical knowledge and sill as a part of a course of study and, in the future, fostering essential adaptability and leadership, especially in bad circumstances on the sea. The shipboard training course has two kind that the students can be trained either on the training ship or on a merchant ship of the shipping company. In this paper, I only thought over the legal status of apprentice officers on the merchant ship and analyzed the problems practicably during shipboard training. This paper is made up of five chapters. The first chapter contains the purpose contents and method of this study, in the second, the meaning of shipboard practice education and training, in the third, the legal status of apprentice officers on merchant ship, in the fourth, the analysis of the provisions of the seamen act applied to apprentice officers on a merchant ship. And in the last chapter 5, the contents mentioned is summarized and directions are presented to amend the provisions of the seamen act applied to apprentice officers. The conclusions are as follows. 1.In case of shipboard training on overseas employment ship, the seamen act applied to the manning agent employing the apprentice officers should be reinforced. 2. The provisions of disembarkation in mid course by discipline of the seamen acts Article 24 should be relaxed. And the provisions in relations to seamen's duty to be a reason of discipline applied to apprentice officer among the provisions for ship's public order maintenance should be abolished. 3. The provision of repartriation completely should be applied to apprentice officers and the provisions of a journey expenditure during their embarkation or disembarkation have to be established. 4. The apprentice officers in shipboard training also need securing a basic wages provision to be criterion of an accident compensation. 5. The apprentice officers in shipboard training should not be in charge of third officer's or third engineer' study.

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A Study for the Institutionalization of Alternative Medicine (대체의학의 제도화를 위한연구 -법률정보와 공인화 중심으로-)

  • Kang, Kyung-Su
    • Journal of the Korea Society of Computer and Information
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    • v.18 no.12
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    • pp.167-177
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    • 2013
  • Recently, desires for diversification of medical treatment throughout our society have been enhanced. It is thought that such a trend may be directly related to the introduction of 'alternative medicine'. This study is to establish the foundation of legalization of alternative medicine, starting with the movement for legalization of alternative medicine from constitutionality decision of medical law by the legal Information Constitutional Court. It also suggested the direction of discussion with issue of how to introduce alternative medicine beyond the stage of basic discussion, 'why' we must introduce alternative medicine, through profound investigation of preceding studies. In addition, the present study analyzed legal controversies from the appearance of alternative medicine based on the decisions of the Constitutional Court and the precedents of the Supreme Court and drew the prerequisites for the institutionalization of alternative medical treatments. It also reestablished terms of alternative medicine which have been indiscreetly used, presented methods for officialization of alternative medicine and compared and analyzed advantages and disadvantages of the methods.

A Review on the Status of Pinnipeds in Korea (국내 기각류 서식 현황 연구)

  • Kim, Hyun Woo;Lee, Seulhee;Sohn, Hawsun
    • Korean Journal of Fisheries and Aquatic Sciences
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    • v.54 no.2
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    • pp.231-239
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    • 2021
  • There are six species of pinnipeds in Korean waters. Because of the lack of research on pinnipeds, it has been difficult to obtain ecological information on each species. All six species have been designated as endangered species, marine protected species, or national monuments by the government, depending on historical records. In this study, the current status of pinnipeds in Korea was investigated through reviewing the literature, and sighting and bycatch records, with the intention of providing new information for the review of the six species. Spotted seals and northern fur seals are well known inhabitants of Korea. The southern part of the East Sea is thought to be the margin of the distribution of Steller sea lions. Sightings of ribbon seals and ringed seals were not confirmed in Korean waters. Sea lions have not been seen since their last sighting on Dokdo in 1951 and are thought to have become extinct after that. It is necessary to delist undistributed or extinct species in Korea from the marine protected species list.

A Theoretical Recapitulation of the Ethical Nature of Islamic Finance and Banking Law

  • Swartz, Nico P.
    • The Journal of Economics, Marketing and Management
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    • v.2 no.4
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    • pp.1-19
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    • 2014
  • The rule of Islam is simple: if you advance a loan, you are entitled to receive your capital only and nothing more. If you wish to secure profit you should enter into a partnership and become a shareholder. Prohibitions against interest are not peculiar to Islam. If we were to trace back through history, a number of examples of such prohibitions can be found in the early Greek, Roman and Rabinnical thought. With the decline of the influence of the Catholic Church interest transactions become legal and stimulated giant Western corporations which forged capitalist imperialism. The practice of charging interest (usury) now dominated Western law and ethics for over a millennium. But, the Western or capitalist economic system has proven a failure in its quest for economic justice, which serves to benefit all in society, both the rich and the poor. In particular, capitalism is currently causing a terrifying scenario of making the rich richer and the poor poorer due to interest charges. An alternative banking model, called Islamic finance and banking, is evoked in this study in order to depress financial exploitation by banking institutions.

A Study on the Doctrine of Standing in the Suits caused by the Press Reports (언론소송에 나타난 보도의 개별적 연관성과 당사자적격)

  • Lee, Seung-Sun
    • Korean journal of communication and information
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    • v.34
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    • pp.161-195
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    • 2006
  • Standing to sue has become one of the most important and controversial issues in suits between the press and the victims injured by the press reports. Even thought Korean law was patterned after the European legal system, there is no denying that the Korean Constitution was influenced by that of the United States. The judicial system was also influenced by its counterpart in the United States. The doctrine of standing to sue has plagued the U.S. Supreme Court for several decades. The traditional test of standing in the federal courts was, at the beginning of the century, whether the interest asserted by the plaintiff amounted to a 'legal right', entitled to the protection of the common law. In recent years, the Supreme Court seems to have settled on a two-tiered method for determining whether a plaintiff has standing to sue in federal court. The first level of inquiry is the constitutional core, and the second is the judicially imposed prudential limitations. The purpose of this study is to find out the doctrine of standing in the legal proceedings caused by the press reports. The press needs to internally transform as well to prevent legal dispute, enforcing confirmation when collecting news materials and building up the device for pre-examining the news. The press is also requested to help sincerely the victim recover, realizing that they waste their reputation and credit not to mention a lot of time and monet during the legal dispute.

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An Legal-doctrine Investigation into the Application of ADR to Administrative Cases (행정사건에 대한 ADR의 적용에 관한 법이론적 고찰)

  • 이용우
    • Journal of Arbitration Studies
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    • v.13 no.2
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    • pp.459-488
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    • 2004
  • General interest in the out-of-court dispute resolution system are mounting in Korea, and the spread of ADR(alternative dispute resolution) is the worldwide trend. In addition, it was confirmed that the resolution of disputes by ADR such as the decision based on arbitration made by the Prime Ministerial Administrative Decision Committee is no longer in exclusive possession of the civil case. The activation of ADR could lead to the smooth agreement between parties by getting away from the once-for-all mode of decision such as the dismissal of the application or the cancellation of disposal and the like in relation to administrative cases for the years. In consequence, it is anticipated that the administrative litigation that applicants have filed by not responding to the administrative decision would greatly reduce in the future. But, it would be urgent to provide for the legal ground of the ADR system through the revision of related laws to take root in our society because ADR has no legal binding power relating to the administrative case due to the absence of its legal grounds. The fundamental reason for having hesitated to introduce ADR in relation to the administrative case for the years is the protective interest of the third party as well as the public interest that would follow in case the agreement on the dispute resolution between parties brings the dispute to a termination in the domain of the public law. The disputes related to the contract based on the public law and the like that take on a judicial character as the administrative act have been settled within the province of ADR by applying the current laws such as the Civil Arbitration Law, Mediation Law, but their application to the administrative act of the administrative agency that takes on a character of the public law has been hesitated. But as discussed earlier, there are laws and regulations that has the obscure distinction between public and private laws. But there is no significant advantage in relation to the distinction between public and private laws. To supplement and cure these defects it is necessary to include the institutional arrangement for protection of the rights and benefits of the third party, for example the provision of the imposition of the binding power on the result of ADR between parties, in enacting its related law. It can be said that the right reorganization of the out-of-court dispute resolution system in relation to the administrative case corresponds with the ideology of public administration for cooperaton in the Administrative Law. It is high time to discuss within what realm the out-of-court dispute resolution system, alternative dispute resolution system, can be accepted and what binding power is imposed on its result, not whether it is entirely introduced into the administrative case. It is thought that the current Civil Mediation Law or Arbitration Law provides the possibility of applying arbitration or mediation only to the civil case, thereby opening the possibility of arbitration in the field of the intellectual property right law. For instance, the act of the state is not required in establishing the rights related to the secret of business or copyrights. Nevertheless, the disputes arising from or in connection with the intellectual property rights law is seen as the administrative case, and they are excluded from the object of arbitration or mediation, which is thought to be improper. This is not an argument for unconditionally importing ADR into the resolution of administrative cases. Most of the Korean people are aware that the administrative litigation system is of paramount importance as the legal relief for administrative cases. Seeing that there is an independent administrative decision system based on the Administrative Decision Law other than administrative litigation in relation to administrative cases, the first and foremost task is the necessity for the shift in thinking of people, followed by consideration of the plan for relief of the rights through the improvement of the administrative decision system. Then, it is necessary to formulate the plan for the formal introduction and activation of ADR. In this process, energetic efforts should be devoted to introducing diverse forms of ADR procedures such as settlement conference, case evaluation, mini-trial, summary jury trial, early neutral evaluation adopted in the US as the method of dispute resolution other than compromise, conciliation, arbitration and mediation

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