• Journal of the Korean Institute of Landscape Architecture
• /
• v.43 no.2
• /
• pp.87-104
• /
• 2015

As the influence of Landscape Urbanism has grown, various criticisms on the discourse also have increased. A study on critical opinions of Landscape Urbanism is necessary to fully comprehend the theoretical structure of the discourse and its limitations. This study introduced the concept of Intension and Extension, which is used in the field of Logics and Semiotic, as an analytical tool to interpret various criticisms based on different views in a more objective and synthetic way. After examining the development of criticisms of Landscape Urbanism, 30 texts with important critiques on the theory were selected and analyzed. Criticisms can be classified as internal criticism and external criticism according to specific topics they are engaged with. The study only covers internal criticism as a research scope. The internal criticisms on Landscape Urbanism are re-categorized into topics of theory, practice and the relation between theory and practice. Vagueness of concepts and error in concepts are two types criticism related to the issue of theory. Lexical Ambiguity and Intensional Vagueness are the main causes of conceptual vagueness in Landscape Urbanism. Conceptual vagueness related with the problem of redefining an existing concept through expanding its meaning reveals a structural dilemma. There are three types of criticism included in the topic of practice: absence of practical results, form-oriented practice, and ambiguous identity in practical results. Ambiguous identity is caused by Extensional Vagueness allowing borderline cases. Because these borderline cases overlap with extensions of landscape architecture, it is hard to differentiate projects of Landscape Urbanism and those of conventional landscape architecture. Most criticisms on the relation between theory and practice raise the question on the practical method. Two types of criticism are engaged with the topic of the practical method: errors in practical methods and absence of practical methods. The absence of practical methods is a fundamental problem of Landscape Urbanism which is hard to solve by the proposed solutions. However, these structural problems are not only the weak point but also the factor that is able to prove the potentials expand the scope of Landscape Urbanism. In addition to the results of the study, internal criticisms on Landscape Urbanism should be examined in the following studies in order to predict the next direction of Landscape Urbanism.

• The Korean Society of Law and Medicine
• /
• v.16 no.2
• /
• pp.159-193
• /
• 2015

Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.