• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.105-162
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• 2020

In the pandemic of infectious disease, restrictions of individual liberty have been justified in the name of public health and public interest. In March 2020, the National Assembly of the Republic of Korea passed the revised bill of the 「Infectious Disease Control and Prevention Act.」 The revised bill newly established the legal basis for forced testing and disclosure of the information of confirmed cases, and also raised the penalties for violation of self-isolation and treatment refusal. This paper examines whether and how these individual liberty limiting clauses be justified, and if so on what ethical and philosophical grounds. The authors propose the theories of the philosophy of law related to the justifiability of liberty-limiting measures by the state and conceptualized the dual-aspect of applying the liberty-limiting principle to the infected patient. In COVID-19 pandemic crisis, the infected person became the 'Patient as Victim and Vector (PVV)' that posits itself on the overlapping area of 'harm to self' and 'harm to others.' In order to apply the liberty-limiting principle proposed by Joel Feinberg to a pandemic with uncertainties, it is necessary to extend the harm principle from 'harm' to 'risk'. Under the crisis with many uncertainties like COVID-19 pandemic, this shift from 'harm' to 'risk' justifies the state's preemptive limitation on individual liberty based on the precautionary principle. This, at the same time, raises concerns of overcriminalization, i.e., too much limitation of individual liberty without sufficient grounds. In this article, we aim to propose principles regarding how to balance between the precautionary principle for preemptive restrictions of liberty and the concerns of overcriminalization. Public health crisis such as the COVID-19 pandemic requires a population approach where the 'population' rather than an 'individual' works as a unit of analysis. We propose the second expansion of the harm principle to be applied to 'population' in order to deal with the public interest and public health. The new concept 'risk to population,' derived from the two arguments stated above, should be introduced to explain the public health crisis like COVID-19 pandemic. We theorize 'the extended harm principle' to include the 'risk to population' as a third liberty-limiting principle following 'harm to others' and 'harm to self.' Lastly, we examine whether the restriction of liberty of the revised 「Infectious Disease Control and Prevention Act」 can be justified under the extended harm principle. First, we conclude that forced isolation of the infected patient could be justified in a pandemic situation by satisfying the 'risk to the population.' Secondly, the forced examination of COVID-19 does not violate the extended harm principle either, based on the high infectivity of asymptomatic infected people to others. Thirdly, however, the provision of forced treatment can not be justified, not only under the traditional harm principle but also under the extended harm principle. Therefore it is necessary to include additional clauses in the provision in order to justify the punishment of treatment refusal even in a pandemic.

• Korean Journal of Heritage: History & Science
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• v.48 no.3
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• pp.96-119
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• 2015

This research has studied the changes of Gwi-po(轉角包) by taking the cases of China's medieval wooden buildings as objects. The purpose of the study is to examine the time-periodic transition process of Gwi-po through the cases of 71 wooden buildings which were built from Tang(唐) dynasty(AD 618~690 & 705~907) until Jin(金) dynasty(AD 1115~1234) and also designated as 'Major Historical and Cultural Sites Protected at the National Level'. This research has taken note of various frame types of Jwau-dae(左右隊), which are architectural components of Gwi-po, to study the changes and development process of Gwi-po. The results are as follows. An important factor in the transformations of Gwi-po format is the changes in perception of the craftsmen about Jwau-dae, who took charge in the building process. In the early periods, the principles of Yidou sanshen dougong(一斗三升) in constructing ancons of Gwi-po had been well-maintained, while there appeared many different types of Gwi-po in later periods, due to the usage of Jwau-dae and $Shu{\check{a}}$ $t{\acute{o}}u$(?頭) in each Chulmok of Gwi-po. Transitional types of Gwi-po, which were evolved from the earlier ones, are divided into 3 categories by different forms of Jwau-dae, placed on odd number stages. The first one is 'none-$f{\bar{a}}ng$ $t{\acute{o}}u$(無枋頭) type' of Song(AD 960~1127, 1127~1279) and Liao dynasty(AD 907~1125) buildings, which doesn't have $f{\bar{a}}ng$ $t{\acute{o}}u$(枋頭)s, for the reason that Jwau-dae(左右隊) is in direct contact with Gwihan-dae(耳限大). The second one is '$Shu{\check{a}}$ $t{\acute{o}}u$ $f{\bar{a}}ng$ $t{\acute{o}}u$(?頭枋頭) type' of Song(AD 960~1127, 1127~1279) and Jin dynasty(AD 1115~1234), that has $f{\bar{a}}ng$ $t{\acute{o}}u$(枋頭)s of Jwau-dae(左右隊) identical to $Shu{\check{a}}$ $t{\acute{o}}u$(?頭) in form. The last one is '$Xi{\check{a}}o$ $g{\check{o}}ng$ $t{\acute{o}}u$(小?頭) type' of Jin(AD 1115~1234) and Yuan dynasty(AD 1271~1368), which has $f{\bar{a}}ng$ $t{\acute{o}}u$(枋頭)s of Jwau-dae identical to $Xi{\check{a}}o$ $g{\check{o}}ng$ $t{\acute{o}}u$(小?頭) in form. The earlier forms of Gwi-po, which appeared between Tang dynasty(AD 618~690 & 705~907) and Five Dynasties periods(907~960) went through transitional forms of 'non-$f{\bar{a}}ng$ $t{\acute{o}}u$(無枋頭) type', '$Shu{\check{a}}$ $t{\acute{o}}u$ $f{\bar{a}}ng$ $t{\acute{o}}u$(?頭枋頭) type' and '$Xi{\check{a}}o$ $g{\check{o}}ng$ $t{\acute{o}}u$(小?頭) type' and finally had its form settled between Yuan(元, AD 1271~1368) and Ming(明. AD 1368~1644) dynasty periods. In Liao(遼) dynasty period(AD 907~1125), as the buildings got bigger and the tendency of longer eave-exposure was implemented, there grew a certain need to structurally reinforce Gwi-po, on which load of the whole roof is concentrated. Especially, the transition from Tōuxīn $z{\grave{a}}o$(偸心造) style to Jì xīn $z{\grave{a}}o$(計心造) style in this period had a great influence on standardization of Gwi-po, along with None-${\acute{A}}ng$(無仰) style. Furthermore, Wing-type Gong(翼型?), which developed in Liao dynasty(AD 907~1125), is also thought to have had a great influence on the transition from Tōuxīn $z{\grave{a}}o$(偸心造) style to Jì xīn $z{\grave{a}}o$(計心造) style by changing the forms of Gongs(?), such as Gwi-po. However, unlike None-${\acute{A}}ng$(無仰) style, there occurred a gradual change from '$Shu{\check{a}}$ $t{\acute{o}}u$ $f{\bar{a}}ng$ $t{\acute{o}}u$(?頭枋頭) type' to '$Xi{\check{a}}o$ $g{\check{o}}ng$ $t{\acute{o}}u$(小?頭) type' of Gwi-po in $Xi{\grave{a}}$ ${\acute{a}}ng$ style.

• The Korean Journal of Nuclear Medicine Technology
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• v.23 no.1
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• pp.35-39
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• 2019

Purpose Hepatitis B virus (hepatitis B virus, HBV) infection is a worldwide major public health problem and it is known as a major cause of chronic hepatitis, liver cirrhosis and liver cancer. And serologic tests of hepatitis B virus is essential for diagnosing and treating these diseases. In addition, with the development of molecular diagnostics, the detection of HBV DNA in serum diagnoses HBV infection and is recognized as an important indicator for the antiviral agent treatment response assessment. We performed HBeAg assay using Immunoradiometric assay (IRMA) and Chemiluminescent Microparticle Immunoassay (CMIA) in hepatitis B patients treated with antiviral agents. The detection rate of HBV DNA in serum was measured and compared by RT-PCR (Real Time - Polymerase Chain Reaction) method Materials and Methods HBeAg serum examination and HBV DNA quantification test were conducted on 270 hepatitis B patients undergoing anti-virus treatment after diagnosis of hepatitis B virus infection. Two serologic tests (IRMA, CMIA) with different detection principles were applied for the HBeAg serum test. Serum HBV DNA was quantitatively measured by real-time polymerase chain reaction (RT-PCR) using the Abbott m2000 System. Results The detection rate of HBeAg was 24.1% (65/270) for IRMA and 82.2% (222/270) for CMIA. Detection rate of serum HBV DNA by real-time RT-PCR is 29.3% (79/270). The measured amount of serum HBV DNA concentration is $4.8{\times}10^7{\pm}1.9{\times}10^8IU/mL$($mean{\pm}SD$). The minimum value is 16IU/mL, the maximum value is $1.0{\times}10^9IU/mL$, and the reference value for quantitative detection limit is 15IU/mL. The detection rates and concentrations of HBV DNA by group according to the results of HBeAg serological (IRMA, CMIA)tests were as follows. 1) Group I (IRMA negative, CMIA positive, N = 169), HBV DNA detection rate of 17.7% (30/169), $6.8{\times}10^5{\pm}1.9{\times}10^6IU/mL$ 2) Group II (IRMA positive, CMIA positive, N = 53), HBV DNA detection rate 62.3% (33/53), $1.1{\times}10^8{\pm}2.8{\times}10^8IU/mL$ 3) Group III (IRMA negative, CMIA negative, N = 36), HBV DNA detection rate 36.1% (13/36), $3.0{\times}10^5{\pm}1.1{\times}10^6IU/mL$ 4) Group IV(IRMA positive, CMIA negative, N = 12), HBV DNA detection rate 25% (3/12), $1.3{\times}10^3{\pm}1.1{\times}10^3IU/mL$ Conclusion HBeAg detection rate according to the serological test showed a large difference. This difference is considered for a number of reasons such as characteristics of the Ab used for assay kit and epitope, HBV of genotype. Detection rate and the concentration of the group-specific HBV DNA classified serologic results confirmed the high detection rate and the concentration in Group II (IRMA-positive, CMIA positive, N = 53).

• Journal of the Daesoon Academy of Sciences
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• v.35
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• pp.217-253
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• 2020

This study analyzes the principles of the 'Earthly Paradise' (仙境, the realm of immortals), 'Virtuous Concordance of Yin and Yang' (陰陽合德), and the 'Reordering Works of Heaven and Earth' (天地公事) while combining them with Joseon art. Therefore, this study aims to discover the context wherein the concept of Taiji in 'Daesoon Truth,' deeply penetrates into Joseon art. Doing so reveals how 'Daesoon Thought' is embedded in the lives and customs of the Korean people. In addition, this study follows a review of the sentiments and intellectual traditions of the Korean people based on 'Daesoon Thought' and creative works. Moreover, 'Daesoon Thought' brings all of this to the forefront in academics and art at the cosmological level. The purpose of this research is to vividly reveal the core of 'Daesoon Thought' as a visual image. Through this, the combination of 'Daesoon Thought' and Joseon art will secure both data and reality at the same time. As part of this, this study deals with the world of 'Daesoon Thought' as a cosmological Taiji principle. This concept is revealed in Joseon art, which is analyzed and examined from the viewpoint of art philosophy. First, as a way to make use of 'Daesoon Thought,' 'Daesoon Truth' was developed and directly applied to Joseon art. In this way, reflections on Korean life within 'Daesoon Thought' can be revealed. In this regard, the selection of Joseon art used in this study highlights creative works that have been deeply ingrained into people's lives. For example, as 'Daesoon Thought' appears to focus on the genre painting, folk painting, and landscape painting of the Joseon Dynasty, attention is given to verifying these cases. This study analyzes 'Daesoon Thought,' which borrows from Joseon art, from the perspective of art philosophy. Accordingly, attempts are made to find examples of the 'Virtuous Concordance of Yin and Yang' and Tai-Ji in Joseon art which became a basis by which 'Daesoon Thought' was communicated to people. In addition, appreciating 'Daesoon Thought' in Joseon art is an opportunity to vividly examine not only the Joseon art style but also the life, consciousness, and mental world of the Korean people. As part of this, Chapter 2 made several findings related to the formation of 'Daesoon Thought.' In Chapter 3, the structures of the ideas of 'Earthly Paradise' and 'Virtuous Concordance of Yin and Yang' were likewise found to have support. And 'The Reordering Works of Heaven and Earth' and Tai-Ji were found in depictions of metaphysical laws. To this end, the laws of 'The Reordering Works of Heaven and Earth' and the structure of Tai-Ji were combined. In chapter 4, we analyzed the 'Daesoon Thought' in the life and work of the Korean people at the level of the convergence of 'Daeesoon Thought' and Joseon art. The analysis of works provides a glimpse into the precise identity of 'Daesoon Thought' as observable in Joseon art, as doing so is useful for generating empirical data. For example, works such as Tai-Jido, Ssanggeum Daemu, Jusachaebujeokdo, Hwajogi Myeonghwabundo, and Gyeongdodo are objects that inspired descriptions of 'Earthly Paradise', 'Virtuous Concordance of Yin and Yang,' and 'The Reordering Works of Heaven and Earth.' As a result, Tai-Ji which appears in 'Daesoon Thought', proved the status of people in Joseon art. Given all of these statements, the Tai-Ji idea pursued by Daesoon Thought is a providence that follows change as all things are mutually created. In other words, it was derived that Tai-Ji ideology sits profoundly in the lives of the Korean people and responds mutually to the providence that converges with 'Mutual Beneficence.'

• Journal of the Daesoon Academy of Sciences
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• v.36
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• pp.1-34
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• 2020

It has been suggested that Jeungsan's prophetic poem that starts with the verse "For about seven or eight years, there will be a castle in the ancient country [七八年間古國城] ⋯" originally comes from Prophecies of Jeong Gam (鄭鑑錄). Despite Jeungsan, himself, obviously having been critical of that text, this claim has become the basic grounds for discourse suggesting that Jeungsan was not only interested in Prophecies of Jeong Gam but also considerably influenced by the text. However, the claim itself was formulated due to misunderstandings of the Chinese poems that had been included in A Compilation of Secret Prophecies Hidden in the Family-clan of Seogye (西溪家臧訣). These poems pursue a different ideological orientation than the poem from Prophecies of Jeong Gam. Ultimately, the Chinese poem in the verse 84 the chapter titled, Prophetic Elucidations in The Canonical Scripture of Daesoon Jinrihoe cannot provide a basis for the claim that Jeungsan was strongly influenced by Prophecies of Jeong Gam. This claim that Prophecies of Jeong Gam made a deep impact on Jeungsan and Daesoon Thought was based on three other texts outside of those that appear within verse 84 of Prophetic Elucidations. The first supposedly-related line is: "Heaven opens at the period of the Rat (Ja 子), Earth opens at the period of the Ox (Chuk 丑), humankind starts at the period of the Tiger (Ihn 寅)." This line comes from from Shao Kangjie's Book of Supreme World Ordering Principles (皇極經世), and the line could be quoted idiomatically as an expression in the Joseon Dynasty. Accordingly, attempts to relate Daesoon Thought to Prophecies of Jeong Gam are a distortion that arise from the assumption that Jeungsan had a significant interest in Prophecies of Jeong Gam. The second related line is "At the foot of Mount Mother (母岳山), a golden icon of Buddha has the ability to speak [母岳山下 金佛能言]." That line is nearly identical to the verse "On the summit of Mount Mother, a golden icon of Buddha has the ability to speak [母岳山頭 金佛能言]." Yet, Jeungsan changed '頭 (du, the summit)' to '下 (ha, the foot or under)' and express his own unique religious prophecy. This allusion to the prophecies of Jeong Gam is actually a criticism designed to disprove the earlier prophecy. Third, is the verse, "The form of Buddhism, creation of daoism, and propriety of Confucianism [佛之形體仙之造化儒之凡節]," which is characteristically related to Daesoon Thought. This verse can only be found in the prophetic text, Prophecies of Chochang (蕉蒼訣), and it is provided a main source when alleging that Prophecies of Jeong Gam was an influence on Daesoon Thought. However, considering the context of Prophecies of Chochang and the year of its publication (it is assumed to be compiled after 1950s), this does not hold water as Jeungsan had already passed into Heaven several decades before that time. This disqualifies the verse from being a basis for asserting Prophecies of Jeong Gam as an influence on Daesoon Thought. Contrary to the original assertion, there is a considerable amount of evidence that Prophecies of Chochang absorbed aspects of Daesoon Thought, which were simply revised in a novel way. There is no truly compelling evidence underpinning the argument that Prophecies of Jeong Gam had a unilateral impact on Daesoon Thought. There seems to be a great deal of confusion and numerous misinterpretations on this matter. Therefore, the claim that Daesoon Thought, as developed by Jeungsan, was influenced by the discourse on dynastic revolution and feng shui contained in Prophecies of Jeong Gam should be re-examined at the level of its very premise.

• The Korean Society of Law and Medicine
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• v.23 no.4
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• pp.29-74
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• 2022

As social disasters occur under the Disaster Management Act, which can damage the people's "life, body, and property" due to the rapid spread and spread of unexpected COVID-19 infectious diseases in 2020, information collected through inspection and reporting of infectious disease pathogens (Article 11), epidemiological investigation (Article 18), epidemiological investigation for vaccination (Article 29), artificial technology, and prevention policy Decision), (3) It was used as an important basis for decision-making in the context of an infectious disease crisis, such as promoting vaccination and understanding the current status of damage. In addition, medical policy decisions using infectious disease data contribute to quarantine policy decisions, information provision, drug development, and research technology development, and interest in the legal scope and limitations of using infectious disease data has increased worldwide. The use of infectious disease data can be classified for the purpose of spreading and blocking infectious diseases, prevention, management, and treatment of infectious diseases, and the use of information will be more widely made in the context of an infectious disease crisis. In particular, as the serious stage of the Disaster Management Act continues, the processing of personal identification information and sensitive information becomes an important issue. Information on "medical records, vaccination drugs, vaccination, underlying diseases, health rankings, long-term care recognition grades, pregnancy, etc." needs to be interpreted. In the case of "prevention, management, and treatment of infectious diseases", it is difficult to clearly define the concept of medical practicesThe types of actions are judged based on "legislative purposes, academic principles, expertise, and social norms," but the balance of legal interests should be based on the need for data use in quarantine policies and urgent judgment in public health crises. Specifically, the speed and degree of transmission of infectious diseases in a crisis, whether the purpose can be achieved without processing sensitive information, whether it unfairly violates the interests of third parties or information subjects, and the effectiveness of introducing quarantine policies through processing sensitive information can be used as major evaluation factors. On the other hand, the collection, provision, and use of infectious disease data for research purposes will be used through pseudonym processing under the Personal Information Protection Act, consent under the Bioethics Act and deliberation by the Institutional Bioethics Committee, and data provision deliberation committee. Therefore, the use of research purposes is recognized as long as procedural validity is secured as it is reviewed by the pseudonym processing and data review committee, the consent of the information subject, and the institutional bioethics review committee. However, the burden on research managers should be reduced by clarifying the pseudonymization or anonymization procedures, the introduction or consent procedures of the comprehensive consent system and the opt-out system should be clearly prepared, and the procedure for re-identifying or securing security that may arise from technological development should be clearly defined.

• Sim-seong Yeon-gu
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• v.37 no.2
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• pp.99-148
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• 2022

This study aims at the psychological elucidation of some conscious aspects of the personality of Yi Sun-sin (1545-1598), the Korean national hero, and the unconscious teleologic meanings of his dreams mentioned in Nanjung Ilgi (Diary in War Time) from the viewpoint of analytical psychology of C.G. Jung. Yi Sun-sin was a man of discipline, incorporated with the spirit of Confucian filial piety, hyo (hsiao) and royalty, chung. He was a stern man but with a warm heart. In his diary, Yi Sun-sin poured forth his feelings of suffering, despair, and extreme solicitude caused by slanders of his political opponents, his grief for the loss of mother and son, and his worries about the fate of his country, which the Japanese invaders now plundered. The moon night offered him the opportunity to touch with his inner soul, by reciting poems, playing Korean string, 'Keomungo', and flute. Further, he widened his scope by asking for the answers from the 'Heaven' through divination and dream. Yi Sun-sin's attitude toward his mother who raised the future hero and maternal principles were considered in concern with the Jungian term 'mother complex'. Won Gyun, Yi Sun-sin's rival admiral, who persistently accused Yi Sun-sin of 'slanders,' certainly represents the unconscious shadow image of Yi Sun-sin. The reciprocal 'shadow' projection has intervened in the conflicting relationship between Yi and Won. In concern to the argument for the suicidal death of Yi Sun-sin, the author found no evidence supporting such an argument, No trace of latent suicidal wish was found in his dreams. For Yi Sun-sin, the determination of the life and death depends on Heaven. 32 dreams from the diary and 3 from other historical references were reviewed and analyzed in the Jungian way. Symbols of anima, Self, and individuation process were found. His dream repeatedly suggests that Yi Sun-sin is an extraordinary man chosen by the divine man (神人). In the dream, Yi Sun-sin was a disciple of the divine man receiving instructions on various strategies, and he alone could see the great thing or events. The dream of a beautiful blue and red dragon, whom he was friendly touching, indicates Yi Sun-sin's eligibility for the kingship. Yi Sun-sin seemingly did not aware of this message of the unconscious. Perhaps he sensed something special but did not identify with 'the disciple of gods' and 'royal dragon' in his dream. His modest attitude toward the dream has prevented him from falling into ego inflation. There were warning signals in two dreams that suggested disorders in the dreamer's instinctive feminine drive. Spirits of the dead father and brothers appear in the dream, giving advice or mourning for the death of Sun-sin's mother. Though Yi Sun-sin was a genuine Confucian gentleman, a dream revealed his unconscious drive to destroy the Confucian authoritative 'Persona' by trampling down the cylindrical traditional Korean hat. To the dreams of synchronicity phenomena Yi Sun-sin immediately solves the problem in concrete reality. He understood dreams as valuable messages from the superior entity, for example, the Confucian Heaven (天) or Heaven's Decree (天命). Furthermore, the 'Heaven' presumably arranged for him the way to the national hero and imposed necessary trials upon him. Both his persecutors and advocates of him guided him in the way of a hero. Yi Sun-sin followed his destiny and completed the living myth of the hero. His mother, King Seon-jo, and prime minister Liu Seong Yong, all have contributed to embodying the myth of the hero. Yi Sun-sin died and became god, the divine healer of the nation.

• The Korean Journal of Air & Space Law and Policy
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• v.9
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• pp.85-143
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• 1997

The main purpose of the investigation of an accident caused by aircraft is to be prevented the sudden and casual accidents caused by wilful misconduct and fault from pilots, air traffic controllers, hijack, trouble of engine and machinery of aircraft, turbulence during the bad weather, collision between birds and aircraft, near miss flight by aircrafts etc. It is not the purpose of this activity to apportion blame or liability for offender of aircraft accidents. Accidents to aircraft, especially those involving the general public and their property, are a matter of great concern to the aviation community. The system of international regulation exists to improve safety and minimize, as far as possible, the risk of accidents but when they do occur there is a web of systems and procedures to investigate and respond to them. I would like to trace the general line of regulation from an international source in the Chicago Convention of 1944. Article 26 of the Convention lays down the basic principle for the investigation of the aircraft accident. Where there has been an accident to an aircraft of a contracting state which occurs in the territory of another contracting state and which involves death or serious injury or indicates serious technical defect in the aircraft or air navigation facilities, the state in which the accident occurs must institute an inquiry into the circumstances of the accident. That inquiry will be in accordance, in so far as its law permits, with the procedure which may be recommended from time to time by the International Civil Aviation Organization ICAO). There are very general provisions but they state two essential principles: first, in certain circumstances there must be an investigation, and second, who is to be responsible for undertaking that investigation. The latter is an important point to establish otherwise there could be at least two states claiming jurisdiction on the inquiry. The Chicago Convention also provides that the state where the aircraft is registered is to be given the opportunity to appoint observers to be present at the inquiry and the state holding the inquiry must communicate the report and findings in the matter to that other state. It is worth noting that the Chicago Convention (Article 25) also makes provision for assisting aircraft in distress. Each contracting state undertakes to provide such measures of assistance to aircraft in distress in its territory as it may find practicable and to permit (subject to control by its own authorities) the owner of the aircraft or authorities of the state in which the aircraft is registered, to provide such measures of assistance as may be necessitated by circumstances. Significantly, the undertaking can only be given by contracting state but the duty to provide assistance is not limited to aircraft registered in another contracting state, but presumably any aircraft in distress in the territory of the contracting state. Finally, the Convention envisages further regulations (normally to be produced under the auspices of ICAO). In this case the Convention provides that each contracting state, when undertaking a search for missing aircraft, will collaborate in co-ordinated measures which may be recommended from time to time pursuant to the Convention. Since 1944 further international regulations relating to safety and investigation of accidents have been made, both pursuant to Chicago Convention and, in particular, through the vehicle of the ICAO which has, for example, set up an accident and reporting system. By requiring the reporting of certain accidents and incidents it is building up an information service for the benefit of member states. However, Chicago Convention provides that each contracting state undertakes collaborate in securing the highest practicable degree of uniformity in regulations, standards, procedures and organization in relation to aircraft, personnel, airways and auxiliary services in all matters in which such uniformity will facilitate and improve air navigation. To this end, ICAO is to adopt and amend from time to time, as may be necessary, international standards and recommended practices and procedures dealing with, among other things, aircraft in distress and investigation of accidents. Standards and Recommended Practices for Aircraft Accident Injuries were first adopted by the ICAO Council on 11 April 1951 pursuant to Article 37 of the Chicago Convention on International Civil Aviation and were designated as Annex 13 to the Convention. The Standards Recommended Practices were based on Recommendations of the Accident Investigation Division at its first Session in February 1946 which were further developed at the Second Session of the Division in February 1947. The 2nd Edition (1966), 3rd Edition, (1973), 4th Edition (1976), 5th Edition (1979), 6th Edition (1981), 7th Edition (1988), 8th Edition (1992) of the Annex 13 (Aircraft Accident and Incident Investigation) of the Chicago Convention was amended eight times by the ICAO Council since 1966. Annex 13 sets out in detail the international standards and recommended practices to be adopted by contracting states in dealing with a serious accident to an aircraft of a contracting state occurring in the territory of another contracting state, known as the state of occurrence. It provides, principally, that the state in which the aircraft is registered is to be given the opportunity to appoint an accredited representative to be present at the inquiry conducted by the state in which the serious aircraft accident occurs. Article 26 of the Chicago Convention does not indicate what the accredited representative is to do but Annex 13 amplifies his rights and duties. In particular, the accredited representative participates in the inquiry by visiting the scene of the accident, examining the wreckage, questioning witnesses, having full access to all relevant evidence, receiving copies of all pertinent documents and making submissions in respect of the various elements of the inquiry. The main shortcomings of the present system for aircraft accident investigation are that some contracting sates are not applying Annex 13 within its express terms, although they are contracting states. Further, and much more important in practice, there are many countries which apply the letter of Annex 13 in such a way as to sterilise its spirit. This appears to be due to a number of causes often found in combination. Firstly, the requirements of the local law and of the local procedures are interpreted and applied so as preclude a more efficient investigation under Annex 13 in favour of a legalistic and sterile interpretation of its terms. Sometimes this results from a distrust of the motives of persons and bodies wishing to participate or from commercial or related to matters of liability and bodies. These may be political, commercial or related to matters of liability and insurance. Secondly, there is said to be a conscious desire to conduct the investigation in some contracting states in such a way as to absolve from any possibility of blame the authorities or nationals, whether manufacturers, operators or air traffic controllers, of the country in which the inquiry is held. The EEC has also had an input into accidents and investigations. In particular, a directive was issued in December 1980 encouraging the uniformity of standards within the EEC by means of joint co-operation of accident investigation. The sharing of and assisting with technical facilities and information was considered an important means of achieving these goals. It has since been proposed that a European accident investigation committee should be set up by the EEC (Council Directive 80/1266 of 1 December 1980). After I would like to introduce the summary of the legislation examples and system for aircraft accidents investigation of the United States, the United Kingdom, Canada, Germany, The Netherlands, Sweden, Swiss, New Zealand and Japan, and I am going to mention the present system, regulations and aviation act for the aircraft accident investigation in Korea. Furthermore I would like to point out the shortcomings of the present system and regulations and aviation act for the aircraft accident investigation and then I will suggest my personal opinion on the new and dramatic innovation on the system for aircraft accident investigation in Korea. I propose that it is necessary and desirable for us to make a new legislation or to revise the existing aviation act in order to establish the standing and independent Committee of Aircraft Accident Investigation under the Korean Government.

• Journal of Sasang Constitutional Medicine
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• v.8 no.1
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• pp.377-393
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• 1996

Lumbago is the common disease in the human, many people have been sicked the Lumbago. As the traditional methods of Lumbago treatment, acupuncture, moxibustion, herb medicines have been applied to a patient, nowadays, new methods have been applied physical remedy, Yakchim (Korean herb acupuncture) remedy, Chuna remedy to. This report was collected 73 Lumbago patients by name, sex, age, motive, symptoms, X-ray, CT, MRI, lRCT, Sasang constitution type, Sasang herb medicine, Yakchim, Chuna, period of remedy, satisfaction of remedy, at the "WooRee Korean Medical Clinic" during 21 months from Sep. 14, 1994 to May 25, 1996. And this report was studied about the distribution of the Sasang constitution type, the Sasang herb medicine, the effect, the period. The results were as follows: 1. Lumbago patients were distributed like that; Taeum-ln (太陰人) 47 (66.3 %), Soyang-In 16 (21.9 %), Soum-In (13.7 %), Taeyang-In (太陽人) 0. This was different from distribution of Donguisuseibowon (東醫壽世保元), Taeum-In (太陰人) 50%, Soyang-In (少陽人) 30 %, Soum-In (少陰人) 20 %, Taeyang-In (太陽人) little, this report shows that the number of Taeum-In (太陰人) is more than that of Donguisuseibowon and the number of Soum-In is less than that of Donguisuseibowon. 2. The average satisfaction of remedy was 60.3 %, Taeum-In's satisfaction was 66.0 %, Soum-In's satisfaction was 56.3 %, Soyang-In's satisfaction was 60.0 %. 3. The effective herb medicines were as follows, Soyang-In used the Hyong Bang Ji Hwang Tang (荊防地黃湯), Yuk Mi Ji Hwang Tang (六味地黃樓), Soum-In used the Sib Yi Mi Goan Jung Tang (十二味寬中湯), Taeum-In used the Chung Sim Yon Ja Tang (淸心蓮子陽), Chung Pae Sa Gan Tang (淸師爾肝湯), Yeol Da Han So Tang (熱多寒少湯). 4. The period of remedy was about 6 weeks. The period of remedy of each types was as follows, Taeum-In was about 5.7 weeks, Soum-In was about 6.8 weeks, Soyang-In was about 4.2 weeks. 5. The method of Lumbago remedy is divided three types, sprain Lumbago, Pyobyong (表病 : outside Syndromes) Libyong (裡病 : inside symdromes). Soum-In's methods are Pyobyong's ascending the Yang (陽), adding the Gi (氣) [升陽益氣], and Libyong's descending the inside Yim (裡陰) [裡陰降氣], Soyang-In's methods are Pyobyongs's decending the outside-Yim [表陰降氣], and Libyong's ascending the cool Yang (濟陽) [淸陽上升]. Taeum-In's methods are Pyobyong's ascending the Lung's Yang (肺陽升氣), and Libyong's colding the dried hot liver (淸肝燥熱). Taeyang's methods are strong the liver and making Yim. (補r肝生陰) 6. There are two methods for using the YakChim (Korean herb-acupuncture) by Sasang constitution medicine, one is to select the Yakchim, the other is to choice the point for appling the Yakchim. The first, to select the Yakchim, the other is follows; Soum-In can select the bee Venom, Soyang-In can select the H.O. (Hong Whoa 紅花), Taeum-In can select the I (Hodo 胡挑), V, O.K. (Ungdarn, 薦膽), Uwhang 牛黃, Sa-Hyang 麝香, etc., Palgang Yakchim (eight principles Korean herb-acupuncture (八剛藥鐵)) could made by abstracted Sasang herb medicine. The second, to choice the points for applying the Yakchim are used in the TaeGiuk Acupuncture method (太梗針法), Sacho (四焦, four warmer) by Sasang constritutional physiology and pathology.

• (The) Research of the performance art and culture
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• no.18
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• pp.413-444
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• 2009

This paper is an analysis of stage and performance elements for the ceremonial procedures and dance featured in bongsudang-jinchan, a feast celebrating the 60th birthday of Hyegyeong-gung Hongssi (Crown Princess Hong of Hyegyeonggung), the mother of King Jeongjo, which took place in Hwaseong haegung palace in 1795. The primary sources used are data on bongsudangjinchan recorded in Wonhaeng-eulmyojeongriuigwe, Jeongjo-sillok, Hongjae-jeonseo, pictorial sources such as Folding Screens of Hwaseong-neunghaeng and Hwaseong Ilgi, which is a journal in Korean by Yi Hui-pyeong. A court ceremony to offer music, dance, flowers, and food, as well as wine and poetry which express the sentiments of chung (fidelity) and hyo (filial piety) was considered a national ceremony and has constituted a unique musical culture during the 500 years of Joseon dynasty. However, after the fall of Joseon dynasty, ceremonial music and dance, which have been organically linked within the overall symbolic system of ye (courtesy), became scattered to become independent 'pieces.' As a result, all of their philosophy, principles, and the time-space interpretation of court music and dance became greatly reduced, leaving only the artistic expression and formal structure of the music and dance to become emphasized. Since the 1990s, there has been many research and events aiming to re-create the court ceremonial tradition, resulting in the increase of the related performance activities. This is especially true with bongsudang-jinchan, which is now being performed on modern stage in various forms. However there are still many problems to be solved, such as the issue of re-creating and restoring the original, and the question of artistic value found in the traditional pieces. Until now, much focus has been paid to the outer re-construction of uiju document as recorded in Wonhaeng-eulmyo-jeongriuigwe. On the other hand, there lacked an in-depth study which analyzes the stage situation and performance elements. Therefore in this paper, after focusing on the stage structure and performance elements, it is concluded that bongsudang-jinchan, the only court feast to be held in Haeng gung, not only consists of the fundamental aspects of court performance principle as 'governing through ye and ak (music),' but also served as an important occasion to bring together the sovereign and the subject. Bongsudang-jinchan had features of both naeyeon (feast for ladies) and oeyeon (feast for gentlemen). It minimized the use of screens and allowed every guest to enjoy food, music, and dance together, but provided a separate tent for foreign guests, maintaining the ideal balance between equality and distinction among different gender and social status. A screen symbolizing the venue for the feast is placed for all of the government officials. The king then pronounces the beginning of the banquet in which the ideal of gunsin-dongyeon (king and officials dining together) is realized. This indicates that bongsudang-jinchan, compared to other court ceremonies that emphasize the principle of yeak (courtesy and music), focuses more on the spirit of harmony and rapprochement. The king played a more active role in bongsudang-jinchan than in any other royal feasts. Examples as recorded in uiju documents are; Jeongjo's conversation with his retainers after the 7th wine, king's bestowing of food and flowers to the officials, writing his own majesty's poems with regard to the festival, and asking the retainers to write replying poems. All these played an important part in making the occasion more rich, extensive, and meaningful. Moreover, as analysis of the structure of orchestral music and court dance featured in bongsudang-jinchan shows, it was like any other court banquet in that it employed minimal use of extravagance in movements and conversation. However, the colors and tonal texture used in the music and dance were more brilliant in this case. Compared to other banquets that took place before king Jeongjo, the dance style was more diverse, which included some of the latest additions. There were past performances arranged anew. Noteworthy are; the incorporation of "Seonyurak (Boat Dance)" and "Geommu (Sword Dance)," traditionally used for local officials and civilians feast, to suit the court taste; and the use of saenghwang (mouth organ), which was a rising instrument in pungnyubang (literati's private salon), for "Hakmu (Cranes Dance)." This especially indicates the nature of the 'open structure' pursued by the court banquets at the time, which strove to break away from the traditional rules and customs and accept something new.