• The Journal of Korean Medicine
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• v.16 no.1 s.29
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• pp.505-530
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• 1995

Recently some people in learned circles of oriental medicine raised a Question about a terminological problem, i.e., 'oriental medical'. This question was thought as an attempt to find out the identity of oriental medicine which exists among the various current medical knowledge systems. In spite of same object, human body, there are diverse medical knowledge systems which has different concepts and theories. This come from the difference of a view of object which defines the experiences of that. The knowledge system of oriental medicine was established by the view of object in oriental medicine which depended on the way of thinking as Yin and Yang. The view of object in oriental medicine has come out in the special cultural soil, namely, the oriental world. Because of this the view of object in oriental medicine cannot be seperated from the oriental world view. What distintive feature does the oriental world view have? It can be summarized as the holistic, dynamical and organic ideas of the world. The term 'oriental medical' is being used to emphasize the characteristic and the peculiarity of the oriental medicine among the various medical knowledge systems. Can the current so called scientific method accept this peculiar and special method of oriental medicine? The efforts of philosophers who had been stimulated by the awful scientific achivements and had tried to find out the unified method penetrating through all the empirical science by mobilizing the logic and mathematics has became out of date for the raise of a question about the inductive method. On the contrary, the theses of theory-laden observation was accepted widely and the relativism was accepted as a new established theory. But the relativism has its own problem. The relativism was founded upon the concept, the incommensurability, which Khun and Feyerabend had proposed. This concept was criticized strongly by some of philosophers because of its own self-refuting. The view of object in oriental medicine has a relative characteristic in the aspect of its urge that in accordance with the perspective a different medical knowledge system can be possible. But our possible choice is the moderate conceptual relativism. Therefore if the view of object in oriental medicine includes the relative aspect, there is the 'conceptual relativity' between the knowledge system of oriental medicine and the western medicine. This preview an important aspect for the standardization and modernizing research of oriental medicine by lending the knowledge of the western medicine. And when we choose the moderate conceptual relativism, it means that we do not support the extreme relativism, that is, 'anything goes'. The concept of truth and rationality cannot be abandoned, and it plays the role of the norm on the knowledge system of oriental medicine and other knowledge systems of medicine in a limited meaning. And the view of object in oriental medicine has an organic view about the human body and the characteristic which wants to interpret the phenomena of human body by using the holistic method. But the availability of this method will be evaluated by the achievements of oriental medicine. Finally what relationship does the theory of oriental medicine have with the world the theory is applied to? It is recognized that the theory of oriental medicine has the instrumental characteristic. But it can be thought the instrumentalism is different from the oriental medical standpoint in the aspect that the instrumentalism seperates the theoretical existence from the observational existence sharply. Because in the oriental thinking way there is no seperation between the mind of observer and the object and no conflict between the idealism and the realism like the western world. For this problem there must be a further study.

• 한국사회복지학회:학술대회논문집
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• 2003.05a
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• pp.282-309
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• 2003

This exploratory qualitative study investigates the effects of experiencing domestic violence on male adolescent offenders' masculinities. Empirical and theoretical literature suggests that negative male role models in violent families result in male adolescents' experiencing conflict in constructing gender identities, especially masculinities. Moreover. criminologists argue that masculinities are often connected with crimes as a way to prove masculine competence. This study compares male adolescent offenders who have experienced domestic violence with those who have not experienced domestic violence and explores how domestic violence experiences influence the construction of gender identities among male adolescent offenders. The study used a secondary qualitative data analysis method. The data consisted of ethnographic in-depth interview transcripts, observational field notes, and formal facility records collected at a juvenile correctional facility in Minnesota. The process of data analysis was a "constant comparative method" that sought to understand differences and similarities in the expressed gender narratives and identity patterns between the two groups of offenders. This process also examined differences within each group. The qualitative data analysis revealed that domestic violence experiences in childhood may be related to the construction of gender identities during adolescence. The findings of this study showed that male adolescent offenders who had experienced domestic violence tended to attach themselves to oppressed mothers more readily than those who had not experienced domestic violence. Next, their attachment to mothers related to the construction of more relational gender identities although most participants, regardless of domestic violence experiences, had much in common regarding gender expression. Finally, despite these relational gender identities, male adolescent offenders who had experienced domestic violence tended to depend upon violence and crimes to show masculine competence, as did male adolescent offenders who had not experienced domestic violence. The study findings suggest a need for research to understand the construction of gender identities in the context of particular experiences and the importance of building theories that advance a comprehensive understanding of the construction of masculinities and youth crime. This study also discusses the development of social work programs that protect young men from adherence to exaggerated masculinity, which is often associated with crimes.

• Korean journal of communication and information
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• v.43
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• pp.117-151
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• 2008

This paper regards former Samsung lawyer Kim Yong-Chul's action of claiming Samsung Group's slush fund as typical Whistle-Blowing from inside. News frames in KBS, SBS TV were examined through comparative analysis. In formal feature, 'episodic news frame' hold an absolute majority in both stations. From news sources, the group of whistle-blower such as lawyer Kim Yong-Chul and civic groups was confronted with Samsung and state authorities including the Prosecutor, financial agencies. Analysis on the theme of news coverages demonstrated 5 frames: 'public announcing frame', 'news of conflict frame' 'demanding a close inquiry frame', 'declaration of conscience frame', 'causing social upheaval frame', Analysis result shows that 'public announcing frame' was most frequently used in reporting and there was distinction between KBS and SBS in 'declaration of conscience frame' and 'causing social upheaval frame'. Relatively KBS preferred 'declaration of conscience frame' and SBS would use 'causing social upheaval frame', from which reciprocal relation as media ownership could be analogized. Both media tend to make light of in-depth news coverages on structural issues or essential settlement and it is shown that both stations treated this situation with intriguing audiences as stressing sensitive parts in this event. Follow-up of changing process of 'declaration of conscience frame' through diachronic analysis on framing informs that additional exposure of 'Lee Yong Chul', former secretary in Nov 19, 2007 influenced increasing of frequency of using 'declaration of conscience frame'. However, news reporting on whistle-blower in KBS and SBS generally adheres to passive attitude of following changes in the surroundings rather than playing an active role in improving social recognition on whistle-blowing, which can induce to the spread of negative feature on it. Thus it is assumed that terrestial television broadcasting should regard whistle-blowing as contradiction in social structures and active depth reporting seems to be neded for improving social recognition on whistle-blowing.

• Sijohaknonchong
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• v.25
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• pp.175-209
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• 2006

This study focuses on Korean-American writer Hong-Eun$(1880{\sim}1951)'s$ American travel gasaes and sis who played an active role under the rule of Japanese imperialism. This study also investigates Hong-Eun's experience and expression on American travel and culture and discusses his changes in stream of consciousness. According to American travel sigaes which were published in the New Koren Times in 1936. 1937, and 1949, his consciousness can be summarized as follows. First travel siga depicts his inner conflict as a refugee who lost one's home country. That is to say. by observing Indians' losing identity and their miserable labor conditions, he developed his own critical eyes on American society. Eventually he missed his country desperately and sought for the ways of his returning there. Second travel sijo reveals his own agony about not be able to return his home country where he could Possibly visit. In other words, after suffering from his agony, it is evident that he started to take positive attitude towards American society and establish his own identity. Based upon Hong-Eun's changes in consciousness as a writer, the researcher hypothesizes that there exists Diaspora-Consciousness in his work. His consciousness is strongly related with his attitude towards his home country whether it Is positive or vice versa. When his home country declared her independence. his attitude towards immigrant society was positively changed, which was quite contradictory from his previous one. In this transition period, not only he accepted American ideology and life, but he re-conceptualized them as a Korean mode. In sum, Hong-Eun's mental traces lie on the core of hybrid and diaspora which Post-Colonial literature values highly of.

• Korean Security Journal
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• no.14
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• pp.413-429
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• 2007

The Guard over the royal household in the "Goryeo" era was the same as if was over the President or Ruler of a nation today. In those days, a king represented a nation and any threat to the safety of a king could bring the destruction of a nation and the dispersion of the people. by reviewing the change of the 2-Gun 6-Wi system of the era, it can be, summed up as follow, Ther will be suggestions. The Guard might focus on a king's personal safety in the wake of the system of the Silla and Taebong dynasties until the establishment of the Goryeo Dynasty's unique political system. "Goryeo" rebuilt the royal palace in Gyeonyeong-gun to take the shape of unified country after its accomplishment of unification of the late three countries, Then it was afraid of the rebellion and uprising of local powerful clans, The country put them under control and organized the local army with them in the era of Kings, Seongjong, through the kings, Seongjong and Gwangjong. The army system of "Goryeo" consisted of 2-Gun and 6-Wi, and 2-Gun placed above the 6-Wi played the role of the Royal guards, and among the organizations a certain army under the specific name of "Gyeonyong-gun" guarded the kings in the nearest position. An aristocratic culture enjoyed its golden age in the period of stability of the aristocracy of "Goryeo", but afterward in the confusion of the aristocratic disruption and incompatible confrontation the country lost its control, and faced military rebellions by treating civil officials well and ill-treating military officials The safety of kings become unstable with the grasping political power by the military officials, and "Dobang" was established in the era of Choi's family to grasp political power. In the era of Choi Woo, he gathered his men and organized his familys army with them and managed the personnel administration with the civil officials of "Jeongbang and Seobang under his command. Such a fact shows the similarity to today's task of guarding. Considering the facts that "Sambyeolcho, the military ground of the military-men-rule, was at the center of the struggling against Mongolia and that even after the fall of the military regime, they rebelled and fought against Mongolia to the end, we came to know that the nationalism in the era of the military era was great. In the transition of external situations from "Myeong" to "Won"(Chinese dynasties), the conflict between the old "Won"-friendly power and the new "Myeong"-friendly power caused the weakness of the power to guard the royal household, and "Goryeo" at last gave way to the newly rising "Joseon" led by Lee, Seong Gye who won the people's confidence.

• Journal of The Korean Association For Science Education
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• v.20 no.4
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• pp.582-598
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• 2000

There are many bioethical issues in line with the rapid advance of biology. In this situation, it is important for students to make a rational decision on value problem. In this study 'value inquiry in biology education' is defined as 'the process of rational value judgement and wise decision-making in the biology-related value problem' and the model was developed. To develop the model, value inquiry models were reviewed. Value clarification model is helpful for the formation of the personal value as the process of individual value inquiry, but it isn't helpful for clarifying the value conflicts. Value analysis model focuses on the rational solution of value problem through the logical procedure. But it has the limitations that overemphasizing the logical and systematic aspects results in devaluating students' affective aspects. So it is necessary to coordinate psychological and logical aspects of value inquiry. In this regard, the model was developed, including identifying and clarifying value problem, understanding biological knowledge related to conflict situation, considering on the related persons, searching for alternatives, predicting the consequences of each alternative, selecting the alternative, evaluating the alternative, and final value judgement and affirming it. The educational objectives of value inquiry were selected in consideration of the ability to carry out the steps of the developed model. And the selected contents were animal duplication, test-tube baby, genetic engineering, growth hormone injection problem, brain death, organ transplant, animal to be experimented and were organized on the basis of the 6th and the 7th science curriculum. And the suitable instructional models for the value inquiry education were selected: bioethical value clarification decision-making model, group presentation according to the value analysis model, role play and debate, and discussion through web forum. And the interview was considered to be suitable to evaluate the students' value inquiry ability and the rubric was made to evaluate the attainment of the educational objectives for value inquiry.

• Journal of Arbitration Studies
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• v.18 no.1
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• pp.167-184
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• 2008

The economic cooperation between the South and North Koreas is a very important issue for the unification and economic development of both Koreas. In order to reach a successful economic cooperation, there is a need to coordinate the differences of the two countries before unification. The economic cooperation and the cooperation in other sectors will be followed by the entire unification. It is necessary to prepare a mechanism that could peacefully solve the conflicts and disputes that could arise during the actual process of cooperation, which will secure stable investments and trades. The study on the possibility of introducing the arbitration system as a conflict solving mechanism between the two Koreas is a very important subject, and the basis of this study is on the examination of the arbitration laws of North Korea. Therefore, the study on the efficiency of the North Korean arbitration laws on foreign economy is studying the possibility of a systematical solution to economic conflicts between the South and North Koreas. The problems and possible solutions of the North Korean foreign economy arbitration laws are summarized as follows. First, juridical cooperation system for both South and North courts of justice needs to be set up to smoothly carry out the main procedures. Mutual correspondence and telecommunication needs to be guaranteed, also remittance and the movement of goods shall precede. Second, the free liquidation of businesses by unit and the individual and independent management of wealth of the North Korean economic bodies, organizations and businesses shall precede to independently liquidate wealth and thus make arbitration possible. Third, amendments in the North Korea's foreign economy arbitration law shall be made to some parts of regulations on arbitration agreements and specific contents of written arbitration agreements to avoid conflicts regarding arbitration agreement. Fourth, the members of the North Korean arbitration committee shall impartially manage the committee only without taking the role of arbitrator, and the clause that allows the North Korean committee to nominate the arbitrator shall be erased. In case an agreement regarding the number of arbitrators is not reached, the three arbitrators general rule shall be applied. In case of requests from any of the parties, a third country arbitrator nomination shall be guaranteed. Also, the requested arbitrator by the party shall be nominated with the cooperation of the court. Fifth, the trial in case of non-appearance or written trial shall be added to the North Korean law in to prevent intended negligence or evasion. Sixth, regulations regarding the court's investigation of evidence shall be added to the North Korean law to make fair arbitration possible in case that government power is needed in order to investigate evidence. Seventh, provisions regarding majority decision shall be added in the North Korean law in the impossibility of unanimous decisions, and the certified system in the arbitration committee official text shall be erased to prevent arrogation and assure the power of the decision made by the arbitration government. Eighth, as "the wrong decision approved" reason for cancellation of arbitration in the North Korean law includes the content of the decision made by the arbitrator could lead to uselessness of arbitration, amendment will be necessary to limit it to legitimacy of the arbitration agreement and wrong procedures. It is hoped that this thesis will be of important use in understanding the issues on the workability and the solutions to the South and North Koreas' arbitration that could be presented during the negotiations for the countries' economic cooperation.

• Journal of the Korean Institute of Landscape Architecture
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• v.46 no.4
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• pp.21-35
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• 2018

In recent years, there has been a tendency to reuse 'landscapes of memory,' including industrial heritages, modern cultural heritages, and post-industrial parks, as public spaces in many cities. Among the various types of landscapes, 'modern historic landscapes', which were formed in the 19th and 20th centuries, are landscapes where the debate between conservation and removal is most frequent, according to the change of evaluation and recognition of modern history. This study examines conflicts between conservation and removal around modern historic landscapes and explores the value judgment criteria and the process of formation of those landscapes, as highlighted in the case of the demolition controversy of the old Japanese general government building in Seoul, which was dismantled in 1995. First, this study reviews newspaper articles, television news and debate programs from 1980-1999 and some articles related to the controversy of the Japanese general government building. Then it draws the following six factors as the main issues of the demolition controversy of the building: symbolic location, discoveries and responses of new historical facts, reaction and intervention of a related country, financial conditions, function and usage of the landscape, changes of urban, historical and architectural policies. Based on these issues, this study examines the conflicts between symbolic values that play an important role in the formation of modern historic landscapes and determines conservation or removal, and the utility of functional values that solve the problems and respond to criticisms that arise in the process of forming the modern historic landscape. Especially, it is noted that the most important factor that makes the decision is the symbolic values, although the determination of the conservation or removal of modern historic landscapes has changed according to changes in historical perceptions of modern history. Today, the modern historic landscape is an important site for urban design, and still has historical issues to be agreed upon and addressed. Thi study has contemporary significance from the point that it divides the many values of modern historic landscapes into symbolic values and functional values, evaluates these, and reviews the background social context.

• Journal of Legislation Research
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• no.44
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• pp.487-538
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• 2013

It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

• Journal of Korean Philosophical Society
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• v.148
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• pp.1-27
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• 2018

The 10th constitution established in 1987 serves as the theoretical foundation of democracy in South Korea in the 21st century. Respect for human rights, resistance to injustice, and equality consciousness inherent in this constitution do not conflict with the content of Confucian philosophy. This means that the spirit of the constitution of South Korea in the 21st century was formed under the influence of the idea of democracy and Confucian philosophy. However, the 10th constitution attaches importance to the idea of the 'Basic free and democratic order', which was accepted in the Yushin constitution and inherited by the military forces. The Yushin constitution was affected by liberalism that prioritizes freedom over equality rather than supporting the compatibility between freedom and equality. Therefore, policies to expand the interests of the bourgeoisie rather than public welfare or the interests of the public have been implemented frequently. In particular, during the Lee Myeong-bak and Park Geun-hye regimes, many unequal phenomena were mass-produced. Confucian philosophy in the 21st century critically sees this unequal society. Confucian philosophy thinks that a sense of relative deprivation plays a role of alienating humans and emphasizes the importance of equal relationships. In addition, this constitution emphasizes the rule of law. However, the rule of law attaches importance to positive laws when the spirit of the constitution that contains natural law is applied to reality through systems. This rejects autonomous judgments and choices while inducing reliance on heteronomy. These heteronomous laws as such are accompanied by forcibleness. The positive laws as such can degrade humans into passive beings that indiscriminately adapt themselves to frames already set instead of active beings that think freely and creatively. Confucian philosophy regards and criticizes the rule of law as a system that makes humans into a means. Confucian philosophy regards humans as moral beings instead of tools. Confucian philosophy seeks to build a healthy society through morality accomplished through conscious realization of the principles of life. Confucian philosophy regards humans as originally free beings. Therefore, human beings are autonomous beings, not heteronomous beings. According to Confucian philosophy, humans beings that can realize the morality contained in their inner side by themselves to responsibly carry out their own judgments and choices. Therefore, Confucian philosophy, which considers human beings as beings to be trusted instead of beings to be distrusted, attaches importance to the realization of human decency through edification rather than by punishment through the law. This means that human values cannot be kept by the heteronomy termed positive laws but the identity of humans can be maintained by voluntary choices and judgments. As such, the comment of Confucian philosophy on the problems of liberal democracy and positive laws contained in the 10th constitution can be helpful in essentially solving the contradictions of modern South Korean society.