• The Korean Society of Law and Medicine
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• v.11 no.1
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• pp.331-393
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• 2010

Psychiatrists who treat violent or potentially violent patients may be sue for failure to control aggressive outpatients and for the discharge of violent inpatients. Psychiatrists may be sued for failing to protect society from the violent acts of their patients if it was reasonable for the psychiatrists to have known or should have known about the patient's violent tendencies and if the psychiatrists could have done something that could have safeguarded in public. The courts of a number of jurisdictions have imposed a duty to protect the potential victims of a third party on persons or institutions with a special relationship to that party. In the landmark case of Tarasoff v Regents of University of California, the California Supreme Court held that the special relationship between a psychotherapist and a patient imposes on the therapist a duty to act reasonably to protect the foreseeable victims of the patient. Under Tarasoff, when a therapist has determined, or under applicable professional standards should determine, that a patient poses a serious threat of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger. In addition to a Tarasoff type of action based on a duty to warn or protect foreseeable victims of psychiatric outpatients, courts have also imposed liability on mental health care providers based on their custody of patients known to have violent propensities. The legal duty in such a case has been stated to be that where the course of treatment of a mental patient involves an exercise of "control" over him by a physician who knows or should know that the patient is likely to cause bodily harm to others, an independent duty arises from that relationship and falls on the physician to exercise that control with such reasonable care as to prevent harm to others at the hands of the patient. After going through a period of transition, from McIntosh, Thompson and Brady case, finally, the narrow rule of requiring a specific or foreseeable threat of violence against a specific or identifiable victim is the standard threshold or trigger element in the majority of states. Judgements on these kinds of cases are not enough yet in Korea, so that it may be too early to try find principles in these cases, however it is hardly wrong to read the same reasons of Tarasoff in the judgements of Korea district courts. To specific, whether a psychiatric institute was liable for violent behavior toward others depends upon the patients conditions, circumstances and the extent of the danger the patients poses to others; in short, the foreseeability of a specific or identifiable victim. In this context if a patient exhibit strong violent behavior toward others, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly attack others or unidentifiable victim. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only requires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. All these principles have been established in cases of the U.S.A and Japan. In this article you can find the reasons which you can use for psychotherapist's liability for failure to protect third person in Korea as practitioner.

• Korean journal of communication and information
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• v.43
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• pp.385-426
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• 2008

This paper focuses on how international marriages among Asians have been represented by the Korean media. Due to globalization, the so-called 'ethnoscape' has changed, and so ethnicity or racial identity within the boundaries of the nation-state changed. The recent diaspora of Asian women into Korea through international marriages has reflected how globalization has proceeded at a regional or local level. This paper attempts to analyze Koreanmedia discourses on the Asian female diaspora. This study analyzes what kind of generic forms TV dramas, other shows(TV reality programs, TV journalistic programs), movie and internet have employed to represent international marriages and how they have portrayed the subjectivities of the Asian female diaspora. This study discuss how this representation has been contested by the 'realities' of their international marriages. By examining how the Korean mainstream media have dealt with the conflicting issues of the Asian female diaspora, this paper intends to look critically at how local discursive practices have substantiated the changing ethnoscape. As a result of the study, this paper can find international marriages among Asians have been represented by Korean media still patriarchal system in male-oriented society. The otherness of Asian women justify the strong work of household affairs, and so justified life is standardized 'a kind of daughter- in-law', 'a complaisant daughter-in-law' in the process of migration. Also the otherness of Asian women standardized 'a victor' or 'a harmer' through international marriage of money that commercialized 'sexuality'. After all Korea media discourse on Asian women's international marriage, the gender issues on it have not been focused on a serious level.

• Korean Security Journal
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• no.52
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• pp.73-91
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• 2017

This study is based on the political and economic standpoint of each country, Use advanced equipment to prevent new terrorism from causing widespread damage, In order to establish a countermeasures against terrorism in accordance with the reality of Korea, which is effective in responding to terrorist attacks, Korea conducted a SWOT analysis of the terrorist environment and terrorist environment through specialists. First, internal strengths of Korea 's terrorist environment include stable security situation, weakness of religious and ethnic conflicts, strong regulation and control of firearms, and counter terrorism capabilities and know - how accumulated during major international events. Second, the internal weaknesses of the terrorist environment in Korea include the insecurity of the people, the instability caused by the military confrontation with North Korea, the absence of anti-terrorism law system, the difficulty of terrorism control and management by the development of the Internet and IT technology. Third, the external opportunities for Korea 's terrorist environment are as follows: ease of supplementation and learning through cases of foreign terrorism failure, ease of increase of terrorist budget and support with higher terrorism issues, strengthening of counterterrorism through military cooperation with allied nationsRespectively. Fourth, the external threats to the terrorist environment in Korea are the increase of social dissatisfaction due to the continuous influx of defectors and foreign workers, the goal of terrorism from international terrorist organizations through alliance with the United States,Increased frequency of incidents, and increased IS coverage of terrorism around the world. In addition, the SWOT in - depth interviews on the terrorist environment of the expert group were conducted to diagnose and analyze the problems, terrorism awareness and legal system in the Korean terror environment. The results of the study are summarized as follows.First, the basic law on terrorism should be enacted.Second, the establishment of an integrated anti-terrorism organization.Third, securing and nurturing specialized personnel in response to terrorism.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.27-54
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• 2010

Soon after September 11 attacks in 2001, there were strong demands in Korea on making relevant laws and regulations on aviation security, and Korean parliament legislated "Aviation Safety and Security Act"to fulfill the demands on safety and security of aircrafts during aviation. However, the current Aviation Safety and Security Act seems to have many problems which do not meet the practical needs in Korea, because there were not enough considerations on the practical needs and extinguishable national circumstances on civil aviation system in Korea, but only regarded the relevant international conventions and foreign practices on it. In this context, it is necessary to amend several provisions in Aviation Safety and Security Act to enhance more practical efficiencies in its implementation through systematization of the provisions on crimes which may happen during aviation. In this context, this article argues two main issues. First, Article 39 of Aviation Safety and Security Act does not express whether it is possible to punish the attempt of crime of causing damage to aircraft. Therefore, regarding a principle of legality, it is impossible to punish the perpetrator even when coincidently failed to destruct or damage aircraft. In this context, this article argues that the necessity to introduce the possibility to punish the attempt of crime of causing damage to aircraft. Second, regarding Article 160 of Civil Aviation Act of Korea, current Aviation Safety and Security Act should be amended by guaranteeing the culpability of negligence of crime of causing damage to aircraft.

• Korean Security Journal
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• no.42
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• pp.361-391
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• 2015

Regarding the [Government Organization Act; which is legislated on 19th November, 2014] Korea Coast Guard(KCG) has been re-organized and belong from Korea Coast Guard shall be established under the Minister of Oceans and Fisheries to Ministry of Public Safety and Security. Furthermore, National Police Agency(NPA) Commissioner has the right for administer duties concerning investigation and information by succession from Korea Coast Guard Commissioner. That means that main rule has been moved from prior KCG to Ministry of Public Safety and Security(MPSS) and NPA currently which is dual structure. Meanwhile, This kind of organization change has been effective to investigative agency which exert KCG's call of duty and causes needs of variety problems. In other words, There are quite huge changes such as KCG's reduction of their work, call of duty and re-organization regarding revised government organization act. However this change - including re-organization by government, was not able to take current MPSS's special features such as organization specialty and legal rights. It means, the current change has not been taken present law system CRIMINAL PROCEDURE LAW and there was no preparation to stable maritime police authority action as well. To sum up, this revised GOVERNMENT ORGANIZATION ACT is supposed to provide total, quick security service by establishing strong disasters and safety control tower. However they only contains few area such as organization revision regarding 'Sewol Ferry Disaster', they was not able to contain the other parts of Society. Therefore, in this article I would like to check the part of re-evaluation of current change made by KCC's organization revision. It is supposed to provide better legal stability by making clear of work area by government agencies who acts maritime police authority.

• The Korean Journal of Archival Studies
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• no.21
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• pp.41-84
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• 2009

Lots of cultures, memories, histories of the local life have disappeared. Some sectors of universities and religion have keep their records in manuscript archive only. On the other hand records of public sectors were at least able to be managed by the records management law. Citizen's groups and academic bounds were also roles to get public records strong. However can we just describe whole body with only public records? As records management law a record of private sector which has value of preserving can be managed under national protection. Yet establishment of local archive is not obligate. Only stressing on public records is like what dictatorial government acted in past years. It is what we ignore diversity and request of community. We need to move our view that we have focused on public and central sectors to private and local sectors. Local records management based on locality could help to complete the entire puzzle. The way complete the puzzle is various and wide spheres including from cultural space to being extinct village. Locality is defined as the property in certain area or distinctiveness of locals. Establishing production strategies is as important as collecting records produced over the past years for local archiving. Local archiving has to be regionally conducted in phase. Moreover common wealth and recognition of communities are reflected in the acquisition process. In next to archiving local organizations and private records according to collection policy, methodology on local archiving needs for archive management and use in various public and private fields. This methodology could be possible by building a local archive networking tool. It is true that Local archiving is not familiar and clear yet. If we can turn the effort for public records we have made to endeavor for private sectors, we might expect big fruits in private sectors. We easily emphasis on globalization or internationalization, our daily lives start on our villages. Setting aside our small communities, such a puzzle of the whole would never be completed. This is good time to begin finding lost puzzle for future. The key that can find lost puzzles be held in archiving localities.

• International Area Studies Review
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• v.22 no.3
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• pp.3-27
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• 2018

This paper analyzes Cuba's market-oriented reforms to alleviate essential problems with socialist countries such as soft budget constraints and incentive problems. It also discuss about effectiveness of industrial policy as a development strategy. The soft budget constraints and incentive problems resulted in the collapse of Soviet bloc and COMECON in early 1990s. After the collapse, Cuban economy suffered a steep dive, and national income tumbling down rapidly. Cuban faced serious shortages of food, gasoline, and other basic necessities of life. To halt and partially reverse economic downturn and dire austerity in the 1990's, the Cuban government made some partial reforms to the inherited Soviet system of cental planningand faced severe shortage in food, energy, and daily necessities. In response to the economic crisis. Cuba introduced economic reforms and implemented industrial policy as a development strategy as long as Cuba maintained a strong socialist country. Cuban government established the economic free zone law and attempted to induce foreign direct investment by implementing export-led industrial policy. Fiedel Castro approved the Law No. 165 "Free Zones and Industrial Parks", in 1996. However, Cuba's ESZ strategy seems to have failed because of the U.S. sanctions, but also because of Cuba's own policies, which do not allow foreign investors to hire workers directly and impose a high implicit tax on wages. By limiting advanced techniques of personnel and organization management, indirect employment can result in lowering work efforts and productivity of workers, and aggravating production efficiency in the ESZs. Another reason to fail comes from the double wage structure due to the double monetary-exchange rate system. Most of the high non-wage costs result from the double exchange rate system. Due to Cuba's imbalanced industry and production structures, concentrated labor force, and urbanization and centralization of agriculture production, the industrial transformation development model suggested by Lewis has not been successful unlike other Asian agriculture-led development model. Cuba has to overcome many difficulties in implementing industrial policy as a development strategy.

• (The)Study of the Eastern Classic
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• no.49
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• pp.225-260
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• 2012

The poetry of Haseo Jo Gyeong is first characterized by its fantasy content with mysterious and strange beings such as mountain wizards, gods of flowers, ghosts, Jujos and dragons. Such works imply the huge gap between his political ideal of Neo-Confucianism and the reality of society and are expressions of his resulting sorrow. Of course, he did not just look at reality pessimistically. Like other Neo-Confucianism scholars, he used the symbol of "spring" in his poems, which indicates that he did have optimistic belief in the world in spite of despair. In his poems, the symbol of "spring" implies the political world where the noble man grabbed the power and the sinister groups were extracted or the world where the political ethics of Neo-Confucianism was implemented. His works depicting the essence of natural objects, mountains, and rivers exhibit the characteristics of his poetry more clearly. He described the law of the universe behind natural objects and the vibrant aspects of natural objects by depicting their movements in a clear and sharp manner. Unlike the old Neo-Confucianism scholars that often created poems on the topic of acquirement of natural law and nature, he expanded his poetic world in a direction of revealing the secrets of objects. His works describing the spirit of mountains and rivers are especially noteworthy in that they implied a life attitude of moving forward in an deteriorating world bravely by manifesting strong and dynamic power. Paying attention to the secrets of natural objects, Haseo displayed his life ideal in richer ways by painting the new forms of ume flowers. Unlike the old ume flowers poems in the past, his ume flowers poems present ume flowers as ascetics that obtained truth, men of virtue that inspired contemporary people, or retired gentlemen that revealed the profound secrets of nature. While it is unique that he manifested the forms of ume flowers in ascetics and men of virtue while perceiving the dark reality of society, it is more noteworthy that he described ume flowers as the beings revealing the profound secrets of nature. It was the expression of his yearning for an innocent personality and his fear for losing the personality, clearly depicting a human form of his ego. He created a more human and realistic personality ideal by embracing the contemporary thinking based on the profound secrets of nature in his Dohak poetry[道學詩], which is a significant achievement in that it showed new changes to Dohak poetry in the 18th century.

• Korean Journal of Social Welfare
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• v.37
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• pp.89-118
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• 1999

The goal of this paper is to define the distinguishing characteristics of Korea's National Pension Scheme compared to the National Pension types of other countries and sees if those characteristics are significant enough in order to warrant calling these the "Korean Model". Also, another point to consider is, if this "Korean Model" does indeed exist, whether it is a 'sustainable' model or not. The National Pension Scheme, which was implemented in 1988, is similar to the public pension system formerly used in Japan. The National Pension Scheme broke away from this 'Japanese Model' in 1995 with implementation of the Farmers and Fishermen Pension, and the unique "Korean Model National Pension" was completed in 1998 with revision of the National Pension Law. The characteristics of the Korean National Pension can be defined as being balanced equally on ability and equality, possessing strong intergenerational income redistribution, having a nationally integrated structure, an incomplete funded method financial neutralism of the government and also as being a Monroe-oriented pension system. There are several limits to the sustainable development of this Korean Model National Pension, though. Even though the precondition of "the income determination problem of self-employed persons", which has strong intra-generational income redistribution. in actuality there are still many policy issues to be confronted such as the structure which 'transfers the burden to the future generation', the 'inter-generational inequity' of the incomplete funded system, persons excluded from coverage under the national integrated structure, 'compulsory loaning of the public sector by the National Pension Fund' under the government's principle of finance neutralism, the separate existence of the 'Monroe-oriented National Pension' from other pensions, etc.,. Therefore, it need to reform of NPS once again to sustainable development of KMNP.

• The Journal of Art Theory & Practice
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• no.7
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• pp.37-64
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• 2009

The theories of Korean Public Art originated by the artists who were against dictatorship and they associated with democratic politicians. They criticized the Fine art that were supported by the dictatorship and gave their efforts for restoration of 'resistance paintings(against dictatorship)', 'proletarian painting', 'realism painting'. In addition, they participated new social ideology(democracy) movement and demonstrated for their rights in arts. These became the main kernel the public art theory was initiated. The public artists splitted into several different parts and participated in the democratic social movement as well as the art movement for freedom. They opened various art exhibitions within different genre, diverse space for various art section such as an exhibition hall, a factories, a university, or a congregation square. Furthermore, the public art theorists published their divergent views through newspaper/broadcasting or unauthorized printed materials. Most of the public artist and the theorists kept their relationship strongly until 1985, the time when 'National Arts Association' started. In 1983 and 1984, they were clearly separated into two parts; artists(move only in art museums) and activists(move in public spaces like school, convention square etc). Their ideological separation also took out national problems. The division; professional artists and armatures, became the social issue as a social stratification matter. And in creating method, there are also other conflicts; critical realism, and public realism as well as western painting and traditional one. These kinds of separation and conflicts made different Public artists associations, under divergent names; 'Reality and Speak'(R&S), 'KwangJu Art Association', 'Durung', 'Dang(Land)', and 'Local Youth Students Association'. In addition, their ideology and pursuit toward art movements were very difference. However, the differences and conflicts weakened When the oppression of democratic education from new dictatorship(Pres. Jun, Doo Hwan) came out. In August. 1985 the government opened to the public so called, 'The draft of School stabilization law'(Hankwon Anjung Bup) to control the teachers' rights and that initiated bigger street demonstration and conflicts between police and educators. In November.1985, assembly meeting of National Arts Association in democracy opened as 'ONE' combined organization. In this presentation, I'd like to summarize the stream of art movement until 1984, and clarify the main art theories that lead the Public Art Movements in 1980s. The main theories in 1980s are crucial because they become the origin of public art theories. This presentation started with O,youn's "Hyunsil Dong In the first declaration" and explained the absent of practice in 1970s. In addition, Won, Dong Suk 's theory was mentioned as all over struggles in theories before 1980s. GA and R&S 's founding declarations in 1970s were the start of public art theorists' activities and this article reported the activities after the declarations. First, realism base on the consciousness of reality. Second, practice art democratization based on the ideology. Third, the subject of public art movement based on understanding people's social stratification structure. Fourth, the matters of national forms and creative ways in arts based on showing reality. Fifth, the strong points in arts that the practitioners accepted. About the public art theories around 1984, I discussed the dividing point of public art theories that were shown in 'generation theory', 'organization theory', and 'popularization theory' by the practitioners. The public realism theory that subjects the contradiction of reality and point out the limits of critical realism not only showing the new creative ways but also giving the feeling of solidarity to the public art activist groups. After that, public art movements expressed 'Dismentlement of Capitalism' and 'Public revolution'. In addition, the direction of public art movements were established strongly. There were various opinions and views during the start and formation of the public art theories. The foundation of theorists activities derived from the practitioners who had the concept based on stratification and nationalism. The strong trend of group division spreaded out by practitioners who opened art work together in factories, universities, squares and rural areas. Now many lively active practitioners are gone to the other field not related with arts, and others join into professional art field not public art one with unknown reason. The theorists have the same situation with the practitioners. It means to me that theory always have to be based on the practice.