• Cross-Cultural Studies
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• v.40
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• pp.91-110
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• 2015

Both Plato and More imagined alternative ways of organizing society. What is common to both authors, then, is the fact that they resorted to fiction to discuss other options. They differed, however, in the way they presented that fiction. The concept of utopia is no doubt an attribute of modern thought, and one of its most visible consequences. But one of the main features of utopia as a literary genre is its relationship with reality. Utopists depart from the observation of the society they live in, note down the aspects that need to be changed and imagine a place where those problems have been solved. After the two World Wars, the twentieth century was predominantly characterized by man's disappointment at the perception of his own nature. In this context, utopian ideals seemed absurd and the floor was inevitably left to dystopian discourse. Both The Road by Cormac MacCarthy and The Childhood of Jesus by J. M. Coetzee can be called critical dystopia and critical utopia as they represent the imaginary place and time that author intended a contemporaneous reader to view as better or worse than contemporary society but with difficult problems that the described society may or may not be able to solve. As a changed adventure narrative, they have something in common like open ending, father and son relationship and religious allegory. But the most important thing is that they express the utopian impulse that is still energetic and transforming in the post-modern society.

• Journal of Legislation Research
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• no.54
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• pp.155-192
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• 2018

As the 'hyper-connected society' has emerged through the 'Fourth Industrial Revolution, public interests as well as social dangers have increased. Above all, the risk of infringement of information, including confidential personal information, is dramatically increasing. As the hyper-connected society has been realized, even if only one of the internet devices is hacked, there would be a danger that the ripple effect of such a hacking spreads to the whole network. Therefore, the necessity and importance of information security, including cybersecurity, has been increasing. In other words, the stability of cyberspace and internet space is becoming more important. As a result, the Korean government is seeking to build a legal system related to information security, which would be able to cope with the information infringement problem in the hyper-connected society. However, it seems that the government is still struggling with the direction of building such a legal system. In this context, a comparative review examining the legal systems of advanced foreign countries will provide meaningful implications as to what kinds of legal policies we should devise and implement for information security. In particular, the U.S. legislative act that actively responds to the cybersecurity violations is worthy of reference. For this reason, this article systematically analyzes the current status of the U.S. cybersecurity laws. Especially, this article focuses on the "Cybersecurity Information Sharing Act of 2015"(hereinafter "CISA"), that was recently enacted by the U.S. congress. The CISA prescribes the systemic and detailed information-sharing between national and private entities. The CISA, that actively promotes information-sharing, is full of suggestions for us, in that information-sharing is an effective way to properly realize information security in today's hyper-connected society.

• (The) Research of the performance art and culture
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• no.22
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• pp.185-221
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• 2011

This study overseas compatriots in the North during the propagation and development of dance patterns and was going to be based, people living outside of the dance culture as a group of overseas Koreans, especially dance culture of Koreans in Japan, China are interested in and thought about the necessity of the study. Issues discussed in the literature of research results, autonomous community of Koreans in Japan ethnic Koreans and Chinese dance culture dance Choi Seung-hee starting point common was, two ethnic groups, directly or indirectly from the Choi Seung-hee learn to dance or have received specialized training to work, compiled by Choi Seung-hee Korea on the basis of basic dance training was learning the dance. In addition, specialized training and dance training institutions in the North Koreans in Japan Social Dance Group for the system, such as dance training in a separate place where talented people through the exhaust, to act in a professional troupes have maintained a system. In contrast, Chinese ethnic Koreans in Yanbian Autonomous University and Central University for Nationalities in the dance departments are stationed there, the transfer from the Joseon dance dance by educating gifted talents have been dispose, South Korea and similar aspects of the dance education system can be seen. Dance work based training and the tendency of Koreans in Japan in terms of social practice and dance in the North of basic training as basic training and specialized training, and work to represent the North korea's famous dance folk dance performances have been transmitted intact. In China, however, ethnic Koreans Choi Seung-hee compiled by borough basis and the work of the North korean dance training or specialized training received directly from her, she founded the dance student of Choi Seung-hee developed basic techniques of Chinese ethnic dance and ethnic Koreans in China, while receiving only Sewonaga dance training system as a deal on exchanges with the North Korean dance dancing free dance culture for creation peppered ethnic Koreans in China was formed. When passed down to the time, Koreans in Japan since the 1960s, society began to visit Pyongyang in the 1970s, subjected to a direct transfer, and education and through the 1990s, the North Koreans in Japan by inviting dancers and dance directly to basic training by getting education bukhanchum As can be seen in the spectacular aspects will have to reproduce. However, ethnic Koreans in China in the 1950s in districts in Beijing, Pyongyang and received direct guidance from Choi Seung-hee, Dancers from the North after Pyongyang rather than direct guidance on the occasion of his visit to China Dance Troupe was affected. On the other hand Korean dance since the 1990s, starting with Ethnic Koreans in China only began to absorb a different dance culture has been created. The same nation, yet living in the region and to configure the ethnic groups, the configuration of the system and political system, according to the North Dancing transfer process and the development pattern similar, but each of the identities to ensure their own traits with a dance culture, the formation and develop the arrival of You can find out. In other words, Koreans in Japan and Federation of Koreans in Japan under the control of social forces of the dance culture by Acculturation variation of dance culture, dance culture of the borough ethnic Koreans in China Acculturation by the voluntary and free borrowers were able to gauge the changes in development.

• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.47-79
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• 2019

The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.

• Development and Reproduction
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• v.14 no.2
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• pp.143-154
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• 2010

This article analyzes two leading Korean cases which led to opposite conclusions: the Boramae Hospital Case (Korean Supreme Court 2002 Do 995) and the Shinchon Severance Hospital Case (Korean Supreme Court 2009 Da 17471). In doing so, it pays particular attention to the acceptance, modification, and rejection of paternalism, specifically 'physician paternalism' and 'familial paternalism', both of which have long and strongly influenced the Korean medical environment. In Boramae Hospital, the Court emphasized the obligation of the physician in terms of the life of the patient (eg: protecting and preserving the life and welfare of the patient). Its position seemed to be based on the traditional physician paternalism which presupposes the ability of physicians to identify right and wrong choices according to natural laws. However, the Court saw itself as the final arbiter of who identifies and determines the real world content and consequences of that natural law. In short, the Court elevated itself to the supreme guardian of the patient, and held that its decision cannot be overruled by that of the patient's family. So without specifically referring to the importance of the family and the role of familial decisions, both long-observed traditions in medical decision-making in Korea, the Court shifted away from familial paternalism. In Shinchon Severance Hospital, the Court explained the meaning of the patient's powers of self-rulemore concretely, explaining its scope and substance in greater detail. The Court held that one can exercise the right of self-rule, even over issues such as death, in the form of 'previous medical directions'. However, this case does not represent a wholesale acceptance of medical autonomy (ie: it does not accept self-rule unconditionally). Rather, the Court accepted the importance of the opinions and decision of physicians and of the Hospital Ethics Commission, and the Court still retained to itself the authority to review and make alterations to 'material' decision. The Court did not overlook the importance of the decision of the patient's family, but it also did not relinquish its status as supreme guardian, emphasizing the 'objective' nature of a decision from the court.

• Cartoon and Animation Studies
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• s.30
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• pp.263-291
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• 2013

In this article, I analyze Korean Dong-in culture and its relationship with Yaoi, focusing on the changes in the 1990s. While Korean Dong-in culture has developed under the influence of Japanese Dojin culture, it is not well-known that Korean Dong-in culture has its own characteristics, reflecting the unique situations surrounding the Korean society. The reason that I pay attention to the changes in the 1990s is that they have created the foundation of the current Korean dong-in culture through changes such as the import and reception of Yaoi, the creation of 'virtual community' in PC telecommunication, the enforcement of Juvenile Protection Law, and the inauguration of 'Comic World,' Among them, the import and reception of Yaoi, a genre characterized by homosexuality including sexual relationship and fanwork, played a decisive role in the change of dong-in culture from manwha circle by highly motivated amatuer artists to fandom. The circumstances that original manhwa dong-in by manwha circle and Yaoi by manhwa fandom coexisted by the mid-1990s, the enforcement of Juvenile Protection Law and the lift of ban on Japanese popular culture rapidly weakened original manhwa dong-in. Also, the popularity of Comic World as a new type of dong-in events reflected the spread of fanwork as a new trend of Korean dong-in. In summary, the import and reception of Yaoi should be considered as one of the important changes in the 1990s Korean Dong-in culture, because 1) Korean women considered Yaoi as a liberating subculture by its powerful contents-homosexuality with sexual relationship, and 2) Yaoi succeeded in attracting new population favoring fanwork as a major trend in Korean Dong-in, differentiated from original manhwa circle population.

• Cartoon and Animation Studies
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• s.36
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• pp.469-491
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• 2014

Webtoon has developed the method that makes it possible to express sound visually. Also we can also hear sound in webtoon through the development of web technology. It is natural that we analyze the sound that we can hear, but we can also analyze the sound that we can not hear. This study is based on 'dual code' in cognitive psychology. Cartoonists can make visual expression on the basis of auditive impression and memory, and readers can recall the sound through the process of memory and memory-retrieval. This study analyzes both audible sound and inaudable sound. Concise analysis owes the method to film sound theory. Three main factor, Volume, pitch, and tone are recognized by frequency in acoustics. On the other hand they are expressed by the thickness and site of line and image of sound source. The visual expression of in screen sound and off screen sound is related to the frame of comics. Generally the outside of frame means off sound, but some off sound is in the frame. In addition, horror comics use much sound for the effect of genre like horror film. When analyzing comics sound using this kinds of the method film sound analysis, we can find that webtoon has developed creative expression method comparing with simple ones of early comics. Especially arranging frames and expressing sound following and vertical moving are new ones in webtoon. Also types and arrangement of frame has been varied. BGM is the first in using audible sound and recently BGM composed mixing sound effect is being used. In addition, the program which makes it possible for readers to hear sound according to scroll moving. Especially horror genre raise the genre effects using this technology. Various methods of visualizing sound are being created, and the change shows that webtoon could be the model of convergence in contents.

• Journal of Legislation Research
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• no.44
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• pp.283-314
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• 2013

Das koreanische Verwaltungsprozessgesetz (KVwPG) wurde am 24. 8. 1951 kodifiziert. Es hat bisher mehrmals $ge{\ddot{a}}ndert$. Der Regierungsentwurf des KVwPG-${\ddot{A}}nderungsgesetzes$ vom 30. 3. 2013, ist fast $drei{\ss}ig$ jahre nach der Novellierung des KVwPGs 1984 erfolgt und auch spiegelt sich die Erfolge der $Bem{\ddot{u}}hungen$ in Literatur und Rechtsprechung wider. Aber es gibt nicht nur einige Unterschiede zwischen dem Regierungsentwurf und dem Entwurf der Kommission des Justizministeriums zur ${\ddot{A}}nderung$ des KVwPG (dem sog. Kommissionsentwurf), sondern auch der Regierungsentwurf ist theoretisch nicht problemlos. Vor allem sind Begriff und Umfang der neuen Klagebefugnis nicht klar. Des weiteren sind in ${\S}$ 12 des Regierungsentwurfs die Klagebefugnis mit dem $Rechtsschutzbed{\ddot{u}}rfnis$ identisch gesehen. Der $Rechtsschutzbed{\ddot{u}}rfnis$ nach ${\S}$ 12 Satz 2 des Regierungsentwurfs kann aus meiner Sicht relativ eng ausgelegt. Die $Einf{\ddot{u}}hrung$ der Verpflichtugnsklage in den Regierungsentwurf ist sehr gut, aber es kann trotzdem als problematisch angesehen werden dass Feststellungsklage der Rechtswidrigkeit der Unterlassung und Anfechtungsklage gegen Ablehnung bestehen noch. Der Begriff der Unterlassung ist $unn{\ddot{o}}tig$ und auch strikt. $Vorl{\ddot{a}}ugier$ Rechtsschutz des Regierungsentwurfs ist unter dem Gesichtpunkt der Rechtsschutz der $B{\ddot{u}}rger$ noch zu verbessern, aber doch das Modell des japanischen Verwaltungsprozessgesetzes darf nicht befolgt werden. Aufbau und System des $vorl{\ddot{a}}ufigen$ Rechtsschutzes sind auch nicht eindeutig. Nach Gegenstand und Klageart muss das Institut des $vorl{\ddot{a}}ufigen$ Rechtsschutzes in Ordnung gebracht werden. Es ist nicht ${\ddot{u}}berzeugend$ dass die $Einw{\ddot{a}}nde$ gegen die $Einf{\ddot{u}}hrung$ der vorbeugenden Unterlassung mit dem Gewaltenteilungsprinzip und der $Eigenst{\ddot{a}}ndigkeit$ der Verwaltung erhoben sind. $Dar{\ddot{u}}ber$ hinaus ist ADR (Alternative Dispute Resolution) zu beachten. In Bezug darauf ist Rechtgrundlage $f{\ddot{u}}r$ Mediation in der Verwaltungsgerichtsbarkeit zu stellen.

• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.35-77
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• 2023

As the amendment to the Personal Information Protection Act, which newly established the basis for the right to request transmission of personal information, was promulgated through the plenary session of the National Assembly, MyData, which was previously applied only to the financial sector, could spread to all fields. The right to request transmission of personal information is the right of the information subject to be guaranteed for the realization of MyData. However, since the right to request transmission of personal information stipulated in the Personal Information Protection Act is designed to be applied to all fields, not a special field such as the medical field, it has many shortcomings to act as a core basis for implementing MyData in Medicine. Based on this awareness of the problem, this paper compares and analyzes major legal trends related to the right to portability of personal health information at home and abroad, and examines the limitations of Korea's Personal Information Protection Act and Medical Act in realizing Medical MyData. Under the Personal Information Protection Act, the right to request transmission of personal information is insufficient to apply to the medical field, such as the scope of information to be transmitted, the transmission method, and the scope of the person obligated to perform the transmission, etc.. Regulations on the right to access medical information and transmission of medical records under the Medical Act also have limitations in implementing the full function of Medical My Data in that the target information and the leading institution are very limited. In order to overcome these limitations, this paper prepared a separate and independent special law to regulate matters related to the use and protection of personal health information as a measure to improve the legal system that can effectively guarantee the right to portability of personal health information, taking into account the specificity of the medical field. It was proposed to specifically regulate the contents of the movement and transmission system of personal health information.

• Journal of Korean Historical Folklife
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• no.33
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• pp.115-143
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• 2010

The purpose of this study is to analyze contents and process of rites about sacrificial rites related Royal Mausoleums in early Joseon Dynasty, and to conclude, to review the position of Royal Mausoleums in the whole National Rites System. The sacrificial rites related Royal Mausoleums started from building Royal Mausoleums of 8 persons-ancestors since King T'aejo's great-great-grandparents, in 1392, founding Joseon Dynasty. In 1408, King T'aejo had died and his Kŏnwŏnnŭng (健元陵) was builted in Yangju, Gyeonggi-do. Since then, after kings of many generations died, each of Royal Mausoleums was builted solemnlly. In the process of this, sacrificial rituals modified and supplemented, especially during the reign of king Sejong(1418~1450). After all, the sacrificial rites related Royal Mausoleums was settled in KukchoOryeūi(國朝五禮儀, Five State Rites) compiled during the reign of King Sŏngjong. In process of Institutionalization of sacrificial rituals, the argument between king and vassals about four-seasons' ancestral rites was properly or not was occurred. That was because the memorial times of Royal Mausoleums overlaped Chongmyo's and more important Chongmyo's ancestral rites was neglected. But four-seasons' ancestral rites of Royal Mausoleums was continued until 17th century. Sacrificial rites related Royal Mausoleums as royal personal rites had simple processes compared to sacrificial rites of Chongmyo, upper-graded formal ancestral rites, under National Rites system. Justifying to served his parents with devotion, the kings in early Joseon Dynasty went to Royal Mausoleums 2-3 times annually. During coming and going, he show off his presence as king in power to his subjects through magnificent guard of honor. On the one hand, he met his subjects directly and acceded to various petition. Above all things, The kings in early Joseon Dynasty emphasized his military power through military training, namely, hunting, disposition of troops, and so on.