• The Korean Society of Law and Medicine
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• v.13 no.1
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• pp.295-329
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• 2012

A medical malpractice case requires special legal protection, considering its characteristics, such as seriousness and long term effects of its damages, medical information asymmetry between practitioners and patients, and difficulties in realization of liability. Taking the points above into consideration, Medical Malpractice Arbitration Act of 2012(MAA) has legislative intent to protect the rights of the injured from medical malpractice, while protecting the stability of medical practice by providing arbitration as an alternative dispute resolution. However, constitutional review is required for one new scheme of compensation for medical injuries during delivery, which is implemented in MAA of 2012, especially with regard to freedom to exercise occupation, property, equality under the Constitution. Two important aspects are 1. according to the law, absolute liability applies to compensation for damages during delivery without negligence of practitioners; and 2. the practitioner bears some portion of the cost, 30% in the law above. This article aims to analyze this new institution in various aspects of the Constitution, and, as a result, it does not comply with constitutional criteria.

• Journal of Information Science Theory and Practice
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• v.8 no.3
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• pp.77-90
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• 2020

This study analyzes N=181 social media rumors from Bangladesh to find out the most popular themes, sources, and aims. The result shows that social media rumors have seven popular themes: political, health & education, crime & human rights, religious, religiopolitical, entertainment, and other. Also, online media and mainstream media are the two main sources of social media rumors, along with three tentative aims: positive, negative, and unknown. A few major findings of this research are: Political rumors dominate social media, but its percentage is decreasing, while religion-related rumors are increasing; most of the social media rumors are negative and emerge from online media, and social media itself is the dominant online source of social media rumors; and, most of the health-related rumors are negative and surge during a crisis period, such as the COVID-19 pandemic. This paper identifies some of its limitations with the data collection period, data source, and data analysis. Providing a few research directions, this study also elucidates the contributions of its results in academia and policymaking.

• International Journal of Computer Science & Network Security
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• v.22 no.7
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• pp.85-90
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• 2022

In modern conditions of the development of public relations, there is a continuous development of technologies. This not only reflects the convenience of service users, and new technology but also contributes to the emergence of new disputes to protect the rights of stakeholders. Therefore, it is urgent to study the distinctions between the jurisdiction of commercial, civil and administrative courts in resolving IT disputes. The work aims to study the peculiarities of delimitation of the jurisdiction of commercial, civil, and administrative courts through the prism of IT measurement. The research methodology consists of such methods as a historical, comparative-legal, formal-logical, empirical, method of analogy, method of synthesis, method of analysis, and systematic method. Examining the specifics of delimiting the jurisdiction of commercial, civil, and administrative courts through the IT dimension, it was concluded that there is a problem in determining the jurisdiction of the court. In addition, the judicial practice on this issue is quite variable, which negatively affects the predictability of technology in resolving potential disputes. In this regard, the criterion models for distinguishing between commercial, administrative, and civil proceedings according to the legal classification of the parties, as well as the nature of the claim are identified. This separation will contribute to a more accurate application of legal norms and methods of application of administrative norms and reduce the number of cases of improper proceedings.

• Journal of Korea Trade
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• v.24 no.2
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• pp.1-14
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• 2020

Purpose - The purpose of this paper is to analyze the reformed duty of fair presentation provisions and related caselaw of the Insurance Act 2015 to gain a clearer understanding of the differences between the Act and the preceding legislation. Design/methodology - The authors analyzed caselaw from South Korea and China that involved breaches of the duty of disclosure. Cases highlighting differences between the duties of disclosure and fair presentation were selected. Findings - Changes in the practice of marine insurance laws are expected from the application of the reformed duty of presentation provisions. In particular, the rights of the insured are expected to increase, resulting in the fairer conduct of insurance contracts. Due to the fact that the Insurance Act 2015 has only recently taken effect, the provisions of existing caselaw have not yet been applied. This has limited the authors' scope of analysis. Originality/value - This paper describes the implications of the duty of fair presentation by analyzing caselaw from South Korea and China that involves the duty of disclosure. To the best of the authors' knowledge, this is the first paper that investigates the reformed duty of fair presentation provisions of the Insurance Act 2015 in the context of the legislation's implications for trade practices.

• Child Health Nursing Research
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• v.28 no.2
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• pp.91-102
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• 2022

Purpose: This study systematically analyzed cases in South Korea wherein nurses were prosecuted for involuntary manslaughter or injury due to professional negligence in pediatric care. Methods: We analyzed the precedents using the methodology of Hall and Wright (2008) and Austin (2010). Of the 618 cases retrieved from the Supreme Court Decisions Retrieval System in South Korea, we selected the 12 cases in which children were the victims and nurses were the defendants, using a case screening methodology. Results: The most frequent penalty was a fine, and newborns were the most frequent victims. The distribution of cases according to Austin's violation categories was: improper administration of medications (n=5), failure to monitor for and report deterioration (n=4), ineffective communication (n=4), failure to delegate responsibly (n=4), failure to know and follow facility policies and procedures (n=1), and improper use of equipment (n=1). Conclusion: To ensure the safety of children, nurses are required to teach and practice a high standard of care. Nursing education programs must improve nurses' awareness of their legal obligations. Nursing organizations and leaders should also work towards enacting effective nursing laws and ensuring that nurses are aware of their legal rights and responsibilities.

• Journal of the Korean Institute of Rural Architecture
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• v.24 no.3
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• pp.59-66
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• 2022

This study aims to find out how architectural designers applied the design process and what content is applied in the practical process of architectural design in Korea, and to improve it if there is a problem. So the study is carried out by investigating 13 architects(Including one person who wants to keep his work private) with extensive experience in architectural design. The architects were questioned on how and what content the design process was used for their representative works that had been designed. And interviews and field surveys were conducted on other matters to be improved. The survey was conducted from November 2021 to July 2022. According to the conclusion of this study, First, Most architects were applying the design process in the architectural design practice. These are caused by an impact on education, but there was also an aspect of preparation in terms of guidelines such as the Architects Association and storage rights. Second, Although the design process differed in each name and phase, it was generally carried out in the order of the start phase, the planning work phase, the basic design phase, the intermediate design phase, the implementation quarterly, and construction. Third, The step-by-step work of the design process differed slightly depending on the architect, but counseling and contract work were mainly performed at the start-up phase, and field surveys, legal investigations, and case studys were conducted at the planning phase. In the basic design phase, some contents related to architectural programming, basic drawings, images, and models were used as main work contents. In the intermediate design phase, secondary contents such as licensed books and facility facilities were the main tasks. In the implementation design phase, detailed maps and various frost facilities were finally inspected. Since then, construction and supervision have been carried out in the order of progress. Forth, As for the contents to be improved in the future, the architect's ability, the designer's knowledge of the overall architecture, the design supervision system, and the expansion of time for the initial design process were answered.

• The Journal of Art Theory & Practice
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• no.8
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• pp.59-87
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• 2009

This thesis started from the attempt to make it clear that 80's American artist Keith Haring(1958-1990) had conducted social intervention of criticism, resistance, and participation through his works, and so pursued public value. Haring of graffiti fame left popular and familiar cartoon style pictures on the street wall, the billboards, the posters and so on. Popular and playful works was explained as his unique characteristics, but Haring's creative way at the field has more value than just being grasped as artist's personal characteristics. Haring's work pieces became everyday art by joining with people's life, and are working as a social speaking place. So I think that these Haring's art works possess characteristics of 'the public sphere'. 'The Public Sphere' means that is independent and free from the government or partisan economic forces, so that is not connected with the interested relations, and that is the sphere of rational argumentation without 'disguise' or 'fabrication', and that is the sphere where general public can participate in and is inspected by them. The public sphere between the sphere of public authority such a nation and a market and the private sphere of free individual, it is mutually connected with them and works as the space forming public opinion. Private individuals communicate with this public sphere and perform a role of direct and indirect check, balance, and social criticism way off from power. Openness that should include the voice of not only leading power but also the socially weak such as citizens, women, homosexuals, minority races, and so on, and alienated class, is an index of the public characteristics. The public sphere is not working just with speech and mass media. Many artists as well as Haring open their mouth and act through an art at the center of society, and create another public sphere by an art. I understood that the real participatory and practical characteristics on the Haring's work is a phenomenon and current of a part of the art world including Haring. Such current started from 1960s is the in-depth effort to be connected with the life more closely, to communicate with people, and to improve problems of life. And it has pursued public value on the different way from the nation or public power. Artists have intervened in the society with strategic and positive ways in order to raise pushed-out value and sinked rights as the public agenda, and labored to accept the value of variety and difference at the society. The aspect of such social intervention is the notable features, findable on the Haring's works and process. Haring's works include art historical meanings and are expressed with familiar and plastic language, so they were able to communicate with various classes. And he secured various customers at the field and the street. This communicative and public approach factor raised the possibility much for his works to work as the public sphere. Haring presented critical and resistant speech toward society with his works based on this factor. He asserted his position and justice of gender identity as a sexual minority. And his such work continued to movement for alienated class and social week over his own rights. His speech and message on the wall painting, poster, T-shirts, billboard of the subway, and so on worked as a spectacle and pressed concern with social issues and consciousness shift. And he's been trying to protect and care people who is injured by HIV and drug and to realize social justice through social week protection. Haring's works planned to meet many people as much as possible performed its role of intervening in society through criticism, resistance, speech, and participation, and controlling and checking social issues. These things considered, Haring's works show his consciousness about public attributes of art, and obviously include public value seeking. And also we can find the meaning of such his work as that an art is working as the public sphere and shows the possibility to discuss and practice public issues.

• Korean Journal of Social Welfare
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• v.63 no.3
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• pp.109-131
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• 2011

This qualitative study aimed to explore and understand the impacts of the poor neighborhood on children from their own perspectives. To this end, the meaning and the structure of children's lived experiences were explored. The participants were recruited from elementary school high grade students living in poor neighborhood. Focused group interviews were conducted in each of the 24 World Visions social work agencies. The collected data were analysed qualitatively. According to the results, the following main themes could be extracted from the children's lived experiences: "Conflict between connection and differentiation", "Resigning to the fate of being neglected in danger" "Learning to live in the dark cave", "Anticipating a bowl of trust from the neighborhood". The children living in poor neighborhood were threatened by the physical and emotional danger highly probable in weak social infrastructure. Also, they have internalized negative self-identity by chaotic environment and, even the negative role models from alcoholic and sometimes violent adults. However, they were experiencing positive caring from and solidarity with surrounding neighborhood, and were participating in volunteered activities for asserting their citizen rights. These may be the keys to empowerment and, ultimately, to change for themselves and the community. The implications of the study results for the policy making and the actual practice were discussed focusing on the children's rights and well-being.

• The Journal of Art Theory & Practice
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• no.15
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• pp.7-30
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• 2013

This is a study on the ecological view of Robert Smithson's reclamation projects. Smithson was a pioneer of Earth art in the late 1960's. Robert Smithson believed that he could transform industrial wastelands, such as an abandoned oil rig and a no longer used quarry, into "Earth Art." In the early seventies, he conceived of land reclamation as a new art form and called this art "Reclamation Projects." His attention regarding industrial ruin started from the American political and social situations in the 1960's. In the late 1960's, American society was in chaos from the right of movement of African Americans, the women's rights movement and from the strike for renunciation of the Vietnam War. The intellectual class seemed to believe that it was the destiny of a closed system's society to run in the direction of entropy. Smithson, who was skeptical about the system of American society, also thought that entropy was the proper diagnosis to describe America's situation in the 1960's. The 1960's civic movements like the civil rights movement and antiwar movements expanded into the environmental movements based on ecological views of the 1970's. The government had also started to worry about environmental pollution. Thus, the reclamation act was also established in 1972. Smithson believed that the relation between art and social background are closely related and affect each other. He was concerned with how art can join society, and the result was reclamation projects. Such reclamation projects lie on man-made wastelands, like abandoned oil rigs and no longer used quarries, which was an allegory of entropy. He also thought that Frederick Law Olmsted was a pioneer of earth art. The aesthetic category of Olmsted's view of landscape is to be based on the picturesque of Uvedale Price and William Gilpin. So Smithson, who considered Olmsted as his touchstone, also accepted the picturesque. Such reclamation projects aim to change with nature by adapting the creative power of artists to the ruin which has the highest level of entropy in industrial society. Smithson wanted this to become the bridge between man and nature. His reclamation project's aim, which shows the system interacting between man and nature as a network, is not different from the ecological view of the 1970's environmental movement.

• The Journal of Art Theory & Practice
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• no.9
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• pp.7-31
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• 2010

In this paper, I examine the development of the second stage of Chicano muralism and compare it with the first stage of the Chicano Mural Movement that was born out of the Civil Rights Movement. I then discuss the different aspects of the first stage in relation to the birth of institutionalized public art and question how Chicano murals influenced public art and, conversely, how mainstream public art transformed some of the attitudes and practices of Chicano muralism. Chicano murals initially functioned as a political mouthpiece for Chicano's human rights and as a tool to recover the Chicano people's cultural pride and legacy. However, the murals gradually developed into public art projects supported by the city or federal governments, who regarded them as an economic way to effectively communicate with the community. In this process of institutionalization, muralists became increasingly concerned with aesthetic quality and began to work more systematically. For example, amateur artists or community participants who produced the earlier murals were transformed into mural experts. Chicano essentialism and the politically volatile themes used previously were phased out and the new murals began to incorporate diverse subjects and people, for example, native culture, Blacks, and women. This phenomenon reflected the changing emphasis on multicultural understanding. This kind of institutionalization did not always draw positive results. Inadequate funds were the primary concern over the actual subject and creation of the mural work. Artists reduced the strong political metaphors and aestheticized the mural forms. However, their work was productive as well: thorough research on wall conditions and painting techniques was conducted and new processes and designs were developed. This paper examines the murals created for the 1984 Los Angeles Olympic Games, Judy Baca's works, and the Balmy Alley Mural Environment project in San Francisco's Mission District. Works by Las Mujeres Muralistas in Mission District, in particular, show case colorful patterns and the Latin American indigenous culture, exploring new interpretations of old icons and design. They challenged the stereotypical depictions of females and presented alternative visual languages that revised the male-centered mural aesthetics and elaborated on the aesthetics of Rasquachismo.