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The Making of Artistic Fame:The Case of Korean Handicraft Artists (예술가 명성(fame) 형성 요인에 관한 연구: 국내 공예작가의 사례를 중심으로)

  • Choe, Youngshin;Hyun, Eunjung
    • Review of Culture and Economy
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    • v.21 no.2
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    • pp.141-173
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    • 2018
  • In this article, we explore how artistic fame is formed by analyzing antecedents of fame the extent to which the name of an actor or his/her work is positively known by his/her audiences among Korean handicraft artists. Drawing on prior literature on reputation and fame, we clarify the differences between the concept of reputation and the concept of fame and further distinguish three types of reputation among individual artists, depending on its sources expert reputation, market reputation, and peer reputation. We employ the mixed method in this study, in which we first conducted open-end interviews with three kinds of constituents (i.e., critics, market intermediaries, and artists) and then developed and tested the hypotheses derived from the insights we had obtained from the interviews. We further considered the impact of reputational work, defined as the level of effort devoted and activities performed by an artist him(her)self geared toward promoting his(her) work, on artistic fame. We find that there are large differences in factors associated with artistic fame between non elite and elite Korean handicraft artist groups, where elite status is captured by artists' educational background (i.e., Seoul National University and Hongik University, which are considered elite schools in accordance with prior research). Specifically, findings suggest that among non elite status artists, recognition by experts, or what we call expert reputation, acquired through national awards and invitations from prominent exhibitions as well as artists' own reputational work that incurs high cost, such as self-financed exhibition openings, were shown to be highly significant factors associated with artistic fame, which was measured as the number of media exposures related to her/his art work. By contrast, among elite status artists, peer reputation acquired through an artist's institutional affiliations and relatively low cost artists' own reputational work, such as self listing on a highly publicized magazine, were shown to be significant factors associated with fame. Taken together, this paper contributes to research on cultural industries and markets by highlighting the importance of understanding artistic fame not just as the outcome of her/his talent but as the social product that arises at the intersection of actors (artists) and her/his audiences in the social evaluation process.

The Effect of Hypoxia on the Release of Endothelium-derived Relaxing Factor in Rabbit Thoracic Aorta (토끼 대동맥 혈관내피세포에서 저산소증이 내피세포성 이완인자의 분비에 미치는 영향)

  • Choi, Soo-Seung
    • Journal of Chest Surgery
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    • v.42 no.5
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    • pp.588-596
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    • 2009
  • Background: To clarify the effect of hypoxia on vascular contractility, we tried to show whether hypoxia induced the release of endothelium-derived relaxing factor (EDRF) and the nature of the underlying mechanism for this release. Material and Method: Isometric contractions were observed in rabbit aorta, and the released EDRF from the rabbit aorta was bioassayed by using rabbit denuded carotid artery. The intracellular $Ca^{2+}$ concentration ($[Ca^{2+}]_i$) in the cultured rabbit aortic endothelial cells was recorded by a microfluorimeter with using Fura-2/AM. Hypoxia was evoked to the blood vessels or endothelial cells by eliminating the $O_2$ in the aerating gases in the external solution. Chemical hypoxia was evoked by applying deoxyglucose or $CN^-$. Result: Hypoxia relaxed the precontracted rabbit thoracic aorta that had its endothelium, and the magnitude of the relaxation was gradually increased by repetitive bouts of hypoxia. In contrast, hypoxia-induced relaxation was not evoked in the aorta that was denuded of endothelium. In a bioassay experiment, hypoxia released endothelium-derived relaxing factor (EDRF) and the release was inhibited by L-NAME or the $K^+$ channel blocker tetraethylammonium (TEA). In the cultured endothelial cells, hypoxia augmented the ATP-induced increase of the intracellular $Ca^{2+}$ concentration ($[Ca^{2+}]_i$) and this increase was inhibited by TEA. Furthermore, chemical hypoxia also increased the $Ca^{2+}$ influx. Conclusion: From these results, it can be concluded that hypoxia might induce the release of NO from rabbit aortic endothelial cells by increasing $[[Ca^{2+}]_i$.

"Jungmo2510", Forage Rye Cultivar of Early-Heading and Resistance to Lodging (조숙성이고 도복에 강한 사일리지용 호밀 품종 '중모2510' 개발)

  • Han, O.K.;Ku, J.H.;Ahn, J.W.
    • Journal of Practical Agriculture & Fisheries Research
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    • v.21 no.1
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    • pp.61-70
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    • 2019
  • "Jungmo2510", a rye cultivar, Secale cereal L., was developed by National Institute of Crop Science, RDA in 2015. It was developed from open pollination from within 10 rye cultivars or lines including "Chochun" in 1995. The line "SR95POP-S1-523-1-5-5-4-7-3-B-16-3-19" was selected for its excellent agronomic appearance and was placed in yield trials for two years from 2011 to 2012. The line was designated "Homil55" and was placed in regional yield trials at the four locations around Korea from 2013 to 2015, during which time the name "Jungmo2510" was given. This cultivar is an erect plant type and leaves of short and broad size with a green color, a yellow colored, medium-diameter culm, and a yellowish brown-colored, medium-size grain. The heading date of "Jungmo2510" was April 16, which were 2 days earlier than that of "Gogu". "Jungmo2510" also showed similar to winter hardiness and greater resistance to lodging compared to those of the check cultivar. Over three years, the average dry matter yield of "Jungmo2510" was 802 kg 10a-1 , which was harvested in late April and was lower than that of the check cultivar "Gogu" (825 kg). The seed productivity of "Jungmo2510" was approximately 481 kg 10a-1 , which was 2.4% less than that of the check. "Jungmo2510" was higher to than "Gogu" in term of protein content (9.1% and 8.0%, respectively), total digestible nutrients(TDN)(57.5% and 55.5%, respectively), and TDN yield 10a-1(419 kg and 392 kg, respectively). This cultivar is recommended as a fall sowing crop in areas where the average daily minimum-mean temperatures are higher than -12 ℃ in January, and as a winter crop for whole-crop forage before the planting of rice or green manure around Korea.

'Youho', A New Forage Barley Cultivar with Ruminant-Palatable Hood Spike Type and Non-Scatteredness (가축 기호성이 높은 내탈립 삼차망 청보리 신품종 '유호')

  • Park, Tae-Il;Seo, Jae-Hwan;Han, Ouk-Kyu;Kim, Kyeong-Hun;Park, Ki-Hun;Oh, Young-Jin;Choi, Jae-Seong;Park, Jong-Chul;Park, Hyoung-Ho;Kim, Hong-Sik;Kim, Jung-Gon;Song, Tae-Hwa;Kim, Won-Ho;Park, Nam-Geon;Jeung, Jae-Hyun;Ju, Jung-Il;Kim, Soo-Yong;Kim, Dae-Ho
    • Korean Journal of Breeding Science
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    • v.43 no.3
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    • pp.190-195
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    • 2011
  • 'Youho' (Hordeum vulgare L.), a new ruminant-palatable forage barley cultivar, was developed by the breeding team at the Department of Rice and Winter Cereal Crop, National Institute of Crop Science, RDA in 2008. It was derived from the cross between 'Suwon339' and 'Suwon355'. Among the cross made in 1999, a promising line, SB992047-B-B-B-6-2, showed good characteristics in potential forage yield in the yield trial tested at Iksan from 2005 to 2006. In 2007, it was designated as 'Iksan431' and placed in regional yield trials at eight locations in Korea for two years from 2007 to 2008, and was released as the name of 'Youho'. It has the growth habit of group II, erect plant type, green leaf and hood spike. Its average heading and maturing dates were on Apr. 24 and May 26, respectively, which are similar to check cultivar 'Yuyeon'. 'Youho' also showed weaker winter hardiness, but better resistance to lodging, shattering and BaYMV than those of check cultivar. It showed higher crude protein content, grade of silage quality than those of check cultivar. The average forage dry matter yield in the regional yield trial was about 14.1, $10.9MT\;ha^{-1}$ in upland and paddy field, respectively, which were 1% to 4% lower than that of the check cultivar. This cultivar would be suitable for the area whose daily minimum temperature was above $-8^{\circ}C$ in January in Korean peninsula.

Oriental medical historic study of formation and development about theory of Ki Kyung Pal Maek (奇經八脈) (기경팔맥(奇經八脈) 이론(理論)의 형성(形成)과 발전(發展)에 관한 의사학적(醫史學的) 고찰(考察))

  • Lee, Dong Ho
    • Journal of Korean Medical classics
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    • v.10
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    • pp.671-728
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    • 1997
  • By studying from Chun Kuk are(戰國時代) to Chung area(淸代), I could find some conclusion as follows. 1. It was Chun Kuk area(戰國時代) that was shown some signs of forthcoming activity of theory of Ki Kyung Pal Maek(奇經八脈). In that time, Hwang Jae Nae Kyung(黃帝內經) had been written. That book made a important role for foundation of theory of Ki Kyung Pal Maek(奇經八脈), but it hadn't sufficient contents in some parts. 2. The theory of the Ki Kyung Pal Maek (奇經八脈) had been developed in Jin Han area(秦漢時代), Nan Kyung(難經) had been written in the area, Nan Kyung(難經) had been the first book which had referred to name and physiology of Ki Kyung Pal Maek(奇經八脈) and it also had mentioned about course, function, and pathology of that in simple manner. 3. In Yang Jin are and Su Dang area(兩晋 및 隋唐時代), Maek Kyung(脈經) and Hwang Jae Nae Kyung Tae So(黃帝內經太素) had been written Maek Kyung(脈經) had been the first book which had referred to pathology of Ki Kyung Pal Maek(奇經八脈) by Maek Jin(脈診) in detail, and it had affected on such books like Tae Pyung Seoung Hveu bang (太平聖惠方) and Ko Kum Yeu Tong Dae Chon(古今醫統大全). Hwang Jae Nae Kyung Tae So(黃帝內經太素) had mentioned about course, function, and pathology about Ki Kyung Pal Maek(奇經八脈) in most detail at that time, and it also had referred to that of such books like Myung Dang(明堂) and Ku Khoun Kyung(九卷經) which do not exist in present. Because of these point, Hwang jae Nae Kyung Tae So(黃帝內經太素) is evaluated an important book of theory of Ki Kyung Pal Maek(奇經八脈). 4. In Song area(宋代), Seung Jae Chong Rok(聖濟總錄) had been written. Seung Jae Chong Rok(聖濟總錄) first mentioned about meeting between Ki Kyung Pal Maek(奇經八脈) and Sip I Jong Kyung(十二正經), so this book helped development of theory of Ki Kyung Pal Maek(奇經八脈) of Kum Won area(金元時代). 5. In Kum Won area(金元時代), Dong In Su Hyul Chym Ku Do Kyung(銅人腧穴針灸圖經) had been written. Dong In Su Hyul Chym Ku Do Kyung(銅人腧穴針灸圖經) made a important role of theroy of Im Meak(任脈) and Dok Meank(督脈). Sip Sa Kyung Bal Hyui(十四經發揮) was superior to other books which had been referred to theory of Ki Kyung Pal Maek(奇經八脈) at that time. Also Sip Sa Kyung Bal Hyui(十四經發揮) more mentioned about meeting between Ki Kyung Pal Maek(奇經八脈) and Sip I Jong Kyung(十二正經) than that of Seung Jae Chong Rok(聖濟總錄), so this book helped dvelopment of theory of Ki Kyung Pal Maek(奇經八脈). 6. In Myung area(明代), Ki Kyung Pal Maek Ko(奇經八脈考) that had almost accomplished theory of Ki Kyung Pal Maek(奇經八脈) had been written. Ki Kyung Pal Maek Ko(奇經八脈考) was the best book more than any other book that had been mentioned about theory of Ki Kyung Pal Maek(奇經八脈) in three ways as follows. 1) It is Ki Kyung Pal Maek Ko(奇經八脈考) that mentioned about near similar manner of modern course and physiology of Ki Kyung Pal Maek(奇經八脈). 2) Ki Kyung Pal Maek Ko(奇經八脈考) mentioned about pathology and treatment of Ki Kyung Pal Maek(奇經八脈) in detail more than any other book. 3) Ki Kyung Pal Maek Ko(奇經八脈考) emphasized on relationship between Ryun Kong(鍊功) and Ki Kyung Pal Maek(奇經八脈).

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A New High-yielding Winter Oat Cultivar for Whole Crop Forage, 'Dahan' (내한 다수성 추파 조사료용 총체 귀리 신품종 '다한')

  • Han, Ouk-Kyu;Park, Tae-Il;Park, Hyung-Ho;Song, Tae-Hwa;Kim, Kee-Jong;Park, Nam-Geon;Ju, Jung-Il;Jang, Young-Jik;Hwang, Jong-Jin;Kwon, Young-Up
    • Journal of The Korean Society of Grassland and Forage Science
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    • v.34 no.1
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    • pp.26-32
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    • 2014
  • 'Dahan' (Avena sativa L.), a winter oat cultivar for forage use, was developed by the breeding team at the Department of Rice and Winter Cereal Crop, National Institute Crop Science (NICS), Rural Development Administration (RDA) in 2011. It was derived from an original cross between $F_1$[Sprinter/73625] and 'Gwiri26'. Subsequent generations followed by the cross were handled in bulk and pedigree selection programs at Suwon. A line, 'SO99027-GB-B-113-4-4-3', was selected for cold tolerance and good agronomic characteristics and as a line name of 'Gwiri75'. The line 'Gwiri75' was subsequently evaluated for cold tolerance and forage yield during 3 years in four region such as Yesan, Iksan, Kimjae, and Jeju, from 2009 to 2011 and finally named as 'Dahan'. Though similar in heading date to the check cultivar Samhan, 'Dahan' had tall plant length and lodging resistance. It's average forage dry matter yield harvested at milk-ripe stage was 15.6 ton $ha^{-1}$, compared with 14.1 ton $ha^{-1}$ of check cultivar. Cultivar 'Dahan' was lower to the check cultivar 'Samhan' in protein content (8.4% and 9.9%, respectively), while it was superior to the check cultivar in total digestible nutrients (TDN) (60.8% and 59.3%, respectively), and in TDN yield $ha^{-1}$ (9.5 ton and 8.4 ton, respectively). Fall sowing of 'Dahan' is recommended only in the areas where daily minimum mean temperatures are averaged higher than $-7^{\circ}C$ in January, and excluded in mountain area where frost damage is presumable.

A New Early Maturing Blackish Purple Pigmented Glutinous Rice Variety, 'Josaengheugchal' (조생 흑자색 찰벼 품종 '조생흑찰')

  • Song, You-Chun;Lee, Jeom-Sig;Ha, Woon-Goo;Hwang, Hung-Goo;Lim, Sang-Jong;Yeo, Un-Sang;Park, No-Bong;Kwak, Do-Yeon;Jang, Jae-Ki;Lee, Jong-Hee;Park, Dong-Soo;Jung, Kuk-Hyun;Jeong, Eung-Ki;Nam, Min-Hee;Kim, Young-Doo;Kim, Myeong-Ki;Kwon, Oh-Kyung;Oh, Byeong-Geun
    • Korean Journal of Breeding Science
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    • v.42 no.3
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    • pp.262-266
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    • 2010
  • 'Josaengheugchal', a new blackish purple pigmented glutinous japonica rice cultivar, was developed by the rice breeding team of Department of Functional Crop, NICS, RDA in 2004. This cultivar was derived from a cross between 'Tohoku 149' as black glutinous source and 'Sx 864' as purple colored rice in 1992 and 1993 winter season, and selected by pedigree breeding method until $F_6$ generation. As a result, a promising line, YR15907-6-8-1-5, was advanced and designated as the name of 'Milyang 194' in 2001. The local adaptability test of 'Milyang 194' was carried out at seven locations from 2002 to 2004 and it was named as 'Josaengheugchal'. 'Josaengheugchal' is an early maturing cultivar and has 71 cm culm height. It has higher anthocyanian content compared with 'Heugnambyeo'. It is moderately resistant to leaf blast but susceptible to other disease and insect pests. The yield potential of 'Josaengheugchal' in brown rice was about 4.21 MT/ha at ordinary fertilizer level in local adaptability test. This cultivar would be adaptable to the plain paddy field of middle, Honam, and Yeomgnam in Korea under ordinary and double cropping system.

Supplementary Woodblocks of the Tripitaka Koreana at Haeinsa Temple: Focus on Supplementary Woodblocks of the Maha Prajnaparamita Sutra (해인사 고려대장경 보각판(補刻板) 연구 -『대반야바라밀다경』 보각판을 중심으로-)

  • Shin, Eunje;Park, Hyein
    • MISULJARYO - National Museum of Korea Art Journal
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    • v.98
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    • pp.104-129
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    • 2020
  • Designated as a national treasure of Korea and inscribed on the UNESCO World Heritage List, the Tripitaka Koreana at Haeinsa Temple is the world's oldest and most comprehensive extant version of the Tripitaka in Hanja script (i.e., Chinese characters). The set consists of 81,352 carved woodblocks, some of which have two or more copies, which are known as "duplicate woodblocks." These duplicates are supplementary woodblocks (bogakpan) that were carved some time after the original production, likely to replace blocks that had been eroded or damaged by repeated printings. According to the most recent survey, the number of supplementary woodblocks is 118, or approximately 0.14% of the total set, which attests to the outstanding preservation of the original woodblocks. Research on the supplementary woodblocks can reveal important details about the preservation and management of the Tripitaka Koreana woodblocks. Most of the supplementary woodblocks were carved during the Joseon period (1392-1910) or Japanese colonial period (1910-1945). Although the details of the woodblocks from the Japanese colonial period have been recorded and organized to a certain extent, no such efforts have been made with regards to the woodblocks from the Joseon period. This paper analyzes the characteristics and production date of the supplementary woodblocks of the Tripitaka Koreana. The sutra with the most supplementary woodblocks is the Maha Prajnaparamita Sutra (Perfection of Transcendental Wisdom), often known as the Heart Sutra. In fact, 76 of the total 118 supplementary woodblocks (64.4%) are for this sutra. Hence, analyses of printed versions of the Maha Prajnaparamita Sutra should illuminate trends in the carving of supplementary woodblocks for the Tripitaka Koreana, including the representative characteristics of different periods. According to analysis of the 76 supplementary woodblocks of the Maha Prajnaparamita Sutra, 23 were carved during the Japanese colonial period: 12 in 1915 and 11 in 1937. The remaining 53 were carved during the Joseon period at three separate times. First, 14 of the woodblocks bear the inscription "carved in the mujin year by Haeji" ("戊辰年更刻海志"). Here, the "mujin year" is estimated to correspond to 1448, or the thirtieth year of the reign of King Sejong. On many of these 14 woodblocks, the name of the person who did the carving is engraved outside the border. One of these names is Seonggyeong, an artisan who is known to have been active in 1446, thus supporting the conclusion that the mujin year corresponds to 1448. The vertical length of these woodblocks (inside the border) is 21 cm, which is about 1 cm shorter than the original woodblocks. Some of these blocks were carved in the Zhao Mengfu script. Distinguishing features include the appearance of faint lines on some plates, and the rough finish of the bottoms. The second group of supplementary woodblocks was carved shortly after 1865, when the monks Namho Yeonggi and Haemyeong Jangung had two copies of the Tripitaka Koreana printed. At the time, some of the pages could not be printed because the original woodblocks were damaged. This is confirmed by the missing pages of the extant copy that is now preserved at Woljeongsa Temple. As a result, the supplementary woodblocks are estimated to have been produced immediately after the printing. Evidently, however, not all of the damaged woodblocks could be replaced at this time, as only six woodblocks (comprising eight pages) were carved. On the 1865 woodblocks, lines can be seen between the columns, no red paint was applied, and the prayers of patrons were also carved into the plates. The third carving of supplementary woodblocks occurred just before 1899, when the imperial court of the Korean Empire sponsored a new printing of the Tripitaka Koreana. Government officials who were dispatched to supervise the printing likely inspected the existing blocks and ordered supplementary woodblocks to be carved to replace those that were damaged. A total of 33 supplementary woodblocks (comprising 56 pages) were carved at this time, accounting for the largest number of supplementary woodblocks for the Maha Prajnaparamita Sutra. On the 1899 supplementary woodblocks, red paint was applied to each plate and one line was left blank at both ends.

The Modern Understanding and Misunderstanding about the Thirteen-story Stone Pagoda of Wongaksa Temple (원각사(圓覺寺)13층탑(層塔)에 대한 근대적 인식과 오해)

  • Nam, Dongsin
    • MISULJARYO - National Museum of Korea Art Journal
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    • v.100
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    • pp.50-80
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    • 2021
  • This paper critically examines the history of the theories connected to the Wongaksa Temple Pagoda that have developed over the last 100 years focusing on the original number of stories the pagoda would have reached. Part II of this paper retraces the dynamic process of the rediscovery of the Wongaksa Temple Pagoda by Westerners who traveled to Korea during the port-opening period. Koreans at the time viewed the Wongaksa Temple Pagoda as an object of no particular appeal or even as an eyesore. However, Westerners appreciated it as a wonder or magnificent sight. Since these Westerners had almost no prior knowledge of Buddhist pagodas, they were able to write objective travelogues. At the time, these visitors generally accepted the theory common among Joseon intellectuals that Wongaksa Temple Pagoda once had thirteen stories. Part III focuses on Japanese government-affiliated scholars' academic research on the Wongaksa Temple Pagoda after the proclamation of the Korean Empire and the Japanese Government-General of Korea's subsequent management of the pagoda as a cultural property during the colonial era. It also discusses issues with Japanese academic research and management. In particular, this portion sheds light on the shift in theories about the original number of stories of the Wongaksa Temple Pagoda from the ten-story theory supported by Sekino Tadashi (關野 貞), whose ideas have held a great influence on this issue over the last 100 years, to the thirteen-story theory and then to the idea that it had more than thirteen. Finally, Part IV addresses the change from the multi-story theory to the ten-story theory in the years after Korea's liberation from Japan until 1962. Moreover, it highlights how Korean intellectuals of the Japanese colonial era predominantly accepted the thirteen-story theory. Since 1962, a considerable quantity of significant research on the Wongaksa Temple Pagoda has been published. However, since most of these studies have applied the ten-story theory suggested in 1962, they are not individually discussed in this paper. This retracing of the history of theories about the Wongaksa Temple Pagoda has verified that although there are reasonable grounds for supporting the thirteen-story theory, it has not been proved in the last 100 years. Moreover, the number of pagoda stories has not been fully discussed in academia. The common theory that both Wongaksa Temple Pagoda and Gyeongcheonsa Temple Pagoda were ten-story pagodas was first formulated by Sekino Tadashi 100 years ago. Since the abrasion of the Wongaksa Temple Stele was so severe the inscriptions on the stele were almost illegible, Sekino argued that the Wongaksa Temple Pagoda was a ten-story pagoda based on an architectural analysis of the then-current condition of the pagoda. Immediately after Sekino presented his argument, a woodblock-printed version of the inscriptions on the Wongaksa Temple Stele was found. This version included a phrase that a thirteen-story pagoda had been erected. In a similar vein, the Dongguk yeoji seungnam (Geographic Encyclopedia of Korea) published by the orders of King Seongjong in the late fifteenth century documented that Gyeongcheonsa Temple Pagoda, the model for the Wongaksa Temple Pagoda, was also a thirteen-story pagoda. The Wongaksa Temple Stele erected on the orders of King Sejo after the establishment of the Wongaksa Temple Pagoda evidently shows that Sekino's ten-story premise is flawed. Sekino himself wrote that "as [the pagoda] consists of a three-story stereobate and a ten-story body, people call it a thirteen-story pagoda," although he viewed the number of stories of the pagoda body as that of the entire pagoda. The inscriptions on the Wongaksa Temple Stele also clearly indicate that the king ordered the construction of the Wongaksa Temple Pagoda as a thirteen-story pagoda. Although unprecedented, this thirteen-story pagoda comprised a ten-story pagoda body over a three-story stereobate. Why would King Sejo have built a thirteen-story pagoda in an unusual form consisting of a ten-story body on top of a three-story stereobate? In order to fully understand King Sejo's intention in building a thirteen-story pagoda, analyzing the Wongaksa Temple Pagoda is necessary. This begins with the restoration of its original name. I disprove Sekino's ten-story theory built upon flawed premises and an eclectic over-thirteen-story theory and urge applying the thirteen-story theory, as the inscriptions on the Wongaksa Temple Stele stated that the pagoda was originally built as a thirteen-story pagoda.

Application and Expansion of the Harm Principle to the Restrictions of Liberty in the COVID-19 Public Health Crisis: Focusing on the Revised Bill of the March 2020 「Infectious Disease Control and Prevention Act」 (코로나19 공중보건 위기 상황에서의 자유권 제한에 대한 '해악의 원리'의 적용과 확장 - 2020년 3월 개정 「감염병의 예방 및 관리에 관한 법률」을 중심으로 -)

  • You, Kihoon;Kim, Dokyun;Kim, Ock-Joo
    • 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.