• The Southeast Asian review
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• v.28 no.2
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• pp.213-247
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• 2018

Thailand in 2017 the public sentiment has turned against the military government. The four pledges the military declared immediately after the 2014 coup, restoration of democracy, addressing of divisive politics, eradication of corruption, and stimulation of the economy have all failed. In the same year, however, Thai military junta began to recover it's diplomatic relationship with western countries including US and EU owing to promulgation of the new constitution endorsed by King Maha Vajiralongkorn and the lavish funeral of late King Bhumibol Adulyadej which was attended by huge number of condolence delegations from around the world including US Defense Secretary James Mattis. Since the 2014 coup, US has sanctioned the country under military junta led by General Prayuth Chan-o-cha for urging them back to the barracks. EU also joined this sanction measures. US signaled change in it's policy when General Prayuth got the chance to visit US and meet President Donal Trump in 2017. General Prayuth Chan-o-cha's military junta could start to restore it's reputation internationally. Domestically, he used absolute powers based on section 44 of the interim constitution, also guranteed in the new constitution. Oversea and national human rights groups have criticized that the interim constitution for permitting the NCPO, Thai military junta's official name, to carry out policies and actions without any effective oversight or accountability for human rights violations. On 1 December 2017, Thailand marked the one-year anniversary of King Maha Vajiralongkorn's accession to the throne as the country's new monarch, Rama X. In the first year of King Rama X's reign, arrests, prosecutions, and imprisonment under Article 112 of Thailand's Criminal Code (lese-majeste) have continued unabated in Thailand. NCPO has continued to abuse Article 112 to detain alleged violators and curb any form of discussion regarding the monarchy, particularly on social media. In this worsening human rights environment General Prayuth Chan-o-cha enforced continuously campaign like Thai-style democracy- an effort to promote largely autocratic 'Thainess' in such a way that freedom of expression is threatened. It is a resurgence of 'Sarit Model'. In the beginning of 2017 Thai military government raised the slogan of 'opportunity Thailand' in the context of 'Thailand 4.0' project which attempts to transform Thai economy based on industry-driven to innovation-driven for recovering robust growth. To consider freedom and liberty as a source of innovation, 'Thailand 4.0' led by 'Sarit Model' without democracy would be skeptical.

• (The)Study of the Eastern Classic
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• no.49
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• pp.39-71
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• 2012

This paper examines Jang Hyeongwang's cultural awareness and the way of practice by focusing on his spirit of humanities in relation to the understanding of territory and bibliographic materials. In fact, this starts from conflicting evaluations on Jang Hyeongwang's way of learning in the field of Korean history. Jang Hyeongwang emphasizes realization of humanity, which is considered as basic framework of culture. He claims the indivisibility of Dao(道) and culture(mun文) by arguing that almighty principle of Dao manifests itself through phenomena of culture. In other words, Dao is the root of culture and, at the same time, culture is the necessary element of making Dao valuable. Furthermore, he insists that realization of human culture is the gist of manifesting the pattern of nature. In this vein, the roles of human beings are so important in creating humanistic civilization. He considers all kinds of human affairs as the contents of humanistic culture, which are contained in six classics. Especially, He says that the moral is reality of human culture and that literature is a literal expression of humanistic spirit. Thus, he criticizes that there are literatures without moral practices. He pays a special attention to his indigenous culture. He links the cultural understanding of geography, which is the foundation of realizing humanistic spirit, to awareness of Korean territory and grasps the territory in the light of topography of geographic power. Thus, he defines it as "Central Field" which bears comparison with China (middle kingdom). With the positive understanding of his country, he insisted that Korean indigenous culture and custom are as much advanced as China and was so proud of the moral characters and norms that Korean people had formed so far. Moreover, Jang truly exhibited affection to Korean literature, which had formed through Korean history. Kim Hyu, one of his students, activates Jang's will to preservation of Korean culture. Over twenty years, Kim completed Collected Record of Korean Literatures(haedong munhon ch'ongnok 海東文獻總錄). Actually, he started the preparatory works for compiling them. We should keep in mind that this compilation was completed following Japanese Invasion of Korea in 1592. It means that he has cultural awareness of preserving Korean literal heritages. Hence, it can be evaluated as the results of the enhancement of national studies. We have seen that He truly highlights realization of humanistic spirit by insisting the practices of moral values. In fact, his mind is linked to genuine affection to Korean territory, culture and literatures. Such affection can be paraphrased as moral awareness of humanity and its practices. In conclusion, his humanistic spirit should be understood as strong belief on universality of human morality. His cultural awareness of homeland and the will to practices should be considered as cultural pride of Korean intellectual traditions rather than following Chinese culture blindly.

• Korean Journal of Labor Studies
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• v.23 no.1
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• pp.47-83
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• 2017

The Swedish labor market secures flexibility in the use of labor force by means of non-regular workers such as temporary workers among others instead of regular workers' layoffs. Although the labor law reform in the late 2000s made it easier to use temporary workers and the outbreak of the economic crisis strengthened the power of user firms against labor unions, the size of temporary workers was scaled down. It is the aim of this study to analyze the change in the use of temporary workers, to examine the effect of the labor law reform and that of economic crisis in that regard, and to explain how, over the use of temporary workers, user firms' strategy to secure flexibility and labor unions' strategy to regulate flexibility interact with each other so as to establish a new equilibrium through conflicts and compromises. The labor law reform to enhance the flexibility in the use of temporary workers failed to entail amendments of collective contracts. Besides, out of the economic crisis, user firms adopted a new policy to use third party workers more, refraining from employing temporary workers. That's why the number of temporary workers has declined eventually. User firms prefer to use third party workers because they could avoid their own responsibility as an employer and they could rely on 'permanent temporary' workers without any time limit. Labor unions, however, responded with a strategy to lay more strict regulations on the use of third party workers, so that third party workers could be used only for limited cause for external numerical flexibility. As a result, the managed flexibility thesis comes to prevail to the usage of non-regular workers in general beyond the category of agency workers. Korea with severe abuse of third party workers should learn from Swedish labor unions' strategy to provide third party workers with stronger employment security and higher wages so as to prevent user firms from abusing third party workers.

• Analyses & Alternatives
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• v.6 no.2
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• pp.79-115
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• 2022

This study aims to account for electoral choice in the 2020 presidential election by focusing on social identity which forms the basis for core partisan groups. Two views compete to explain the origins of polarization, policy versus party. One emphasizes policy as more influential in choosing presidential candidates. This follows the tradition of retrospective voting theory in which voters' choice rely on government performance. Incumbent president whose performance proves well are rewarded to be reelected. Policy performance is based on measures around distinctive preferences for government spending. Republican Individuals prefer individual responsibility to government support, while Democratic counterparts support government support. Another perspective put an emphasis on the role partisanship which favors in-party members and disfavors partisan out-groups. Interparty animosity plays the key role in determining electoral behavior. This study relies on the Views of the Electorate Research (VOTER) Survey which provides a panel data of several waves from 2011 to 2020. A comparative evaluation of two views highlights three findings. First, policy matters. Policy preferences of voters are the primary drives of political behavior. Electoral outcomes in 2020 turned out to be the results of policy considerations of voters. 53.7 percent of voters tilted toward individual responsibility voted for Trump, whereas 70.4 percent of those favorable views of government support than individual responsibility voted for Biden. Thus effects of policy correspond to a positive difference of 26.4 percent points. Second, partisanship effects are of similar extent in influencing electoral choice of candidates: Democrats are less likely to vote for Trump by 42.4 percent points, while Republicans are less likely to vote for Biden by 48.7 percent points. Third, animosity of Republicans toward Democrat core groups creates 26.5 percent points of favoring Trump over Biden. Democrat animosity toward Republican core groups creates a positive difference of 13.7 percent points of favoring Biden.

• Journal of Popular Narrative
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• v.25 no.1
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• pp.217-247
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• 2019

This research paper intends to examine the intertextuality of Klaus Mann's novel Mephisto (1936) and István Szabó's film Mephisto (1981) and how the derivative contents (i.e., film) accepted and improved the schematic aesthetics of conviction in original contents (i.e., novel). In general, the aesthetics of conviction is applied to criticize the state socialism of the artists of the Third Reich or the ideology of the artists of East Germany from a biased ethical perspective. Mephisto is also based on the aesthetics of conviction. Thus, it would be meaningful to examine the characteristic similarity and difference between Klaus Mann's real antagonist (i.e., Gustaf Gründgens) and fictional antagonist (i.e., Hendrik Höfgen) from a historical critical perspective. In this process, an aesthetic distance between the real and fictional antagonists would be secured through the internal criticism in terms of intertextuality. In this respect, the film aesthetics of István Szabó are deemed to overcome the schematic limit of the original novel. The conviction in both the novel and film of Mephisto pertains to the belief and stance of a person who compromised with the state socialism of Nazi Germany, i.e., succumbed to the irresistible history. Klaus Mann denounced Mephisto's character Höfgen (i.e., Gründgens in reality) as an "Mephisto with evil spirits" from the perspective of exile literature. For such denunciation, Klaus Mann used various means such as satire, caricature, sarcasm, parody and irony. However, his novel is devoid of introspection and "utopianism", and thus could be considered to allow personal rights to be disregarded by the freedom of art. On the contrary, István Szabó employed the two different types of evil (evil of Mephisto and evil of Faust) from a dualistic perspective (instead of a dichotomous perspective of good and evil) by expressing the character of Höfgen like both Mephisto and Hamlet (i.e., "Faust with both good and evil spirits). However, Szabó did not present the mixed character of "Mephisto and Hamlet (Faust)" only as an object of pity. Rather, Szabó called for social responsibility by showing a much more tragic end. As such, the novel Mephisto is more like the biography of an individual, and the film Mephisto is more like the biography of a generation. The aesthetics of conviction of Mephisto appears to overcome biased historical and textual perspectives through the irony of intertextuality between the novel and the film. Even if history is an irresistible "fate" to an individual, human dignity cannot be denied because it is the "value of life". The issue of conviction is not only limited to the times of Nazi Germany. It can also be raised with the ideology of the modern and contemporary history of Korea. History is so deeply rooted that it should not be criticized merely from a dichotomous perspective. When it comes to the relationship between history and individual life, a neutral point of view is required. Hopefully, this research paper will provide readers with a significant opportunity for finding out their "inner Mephisto" and "inner Hamlet."

• The Korean Society of Law and Medicine
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• v.17 no.1
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• pp.299-346
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• 2016

There were also various decisions made in medical area in 2015. In the case that an inmate in a sanatorium was injured due to the reason which can be attributable to the sanatorium and the social welfare foundation that operates the sanatorium request treatment of the patient, the court set the standard of fixation of a party in medical contract. In the case that the family of the patient who was declared brain dead required withdrawal of meaningless life sustaining treatment but the hospital rejected and continued the treatment, the court made a decision regarding chargeable fee for such treatment. When it comes to the eye brightening operation which received measure of suspension from the Ministry of Health and Welfare for the first time in February, 2011, because of uncertainty of its safety, the court did not accept the illegality of such operation itself, however, ordered compensation of the whole damage based on the violation of liability for explanation, which is the omission of explanation about the fact that the cost-effectiveness is not sure as it is still in clinical test stage. There were numerous cases that courts actively acknowledged malpractices; in the cases of paresis syndrome after back surgery, quite a few malpractices during the surgery were acknowledged by the court and in the case of nosocomial infection, hospital's negligence to cause such nosocomial infection was acknowledged by the court. There was a decision which acknowledged malpractice by distinguishing the duty of installation of emergency equipment according to the Emergency Medical Service Act and duty of emergency measure in emergency situations, and a decision which acknowledged negligence of a hospital if the hospital did not take appropriate measures, although it was a very rare disease. In connection with the scope of compensation for damage, there were decisions which comply with substantive truth such as; a court applied different labor ability loss rate as the labor ability loss rate decreased after result of reappraisal of physical ability in appeal compared to the one in the first trial, and a court acknowledged lower labor ability loss rate than the result of appraisal of physical ability considering the condition of a patient, etc. In the event of any damage caused by malpractice, in regard to whether there is a limitation on liability in fee charge after such medical malpractice, the court rejected the hospital's claim for setoff saying that if the hospital only continued treatments to cure the patient or prevent aggravation of disease, the hospital cannot charge Medical bills to the patient. In regard to the provision of the Medical Law that prohibit medical advertisement which was not reviewed preliminarily and punish the violation of such, a decision of unconstitutionality was made as it is a precensorship by an administrative agency as the deliberative bodies such as Korean Medical Association, etc. cannot be denied to be considered as administrative bodies. When it comes to the issue whether PRP treatment, which is commonly performed clinically, should be considered as legally determined uninsured treatment, the court made it clear that legally determined uninsured treatment should not be decided by theoretical possibility or actual implementation but should be acknowledged its medical safety and effectiveness and included in medical care or legally determined uninsured treatment. Moreover, court acknowledged the illegality of investigation method or process in the administrative litigation regarding evaluation of suitability of sanatorium, however, denied the compensation liability or restitution of unjust enrichment of the Health Insurance Review & Assessment Service and the National Health Insurance Corporation as the evaluation agents did not cause such violation intentionally or negligently. We hope there will be more decisions which are closer to substantive truth through clear legal principles in respect of variously arisen issues in the future.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.427-468
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• 2015

To date, we have considered the theoretical views, the standpoint of states and the discourse within the international community such as the UN Committee on the Peaceful Uses of Outer Space(COPUOS) regarding the Air/Outer Space Boundary Question which is one of the first issues of UN COPUOS established in line with marking the starting point of Outer Space Area. As above mentioned, discussions in the United Nations and among scholars of within each state regarding the delimitation issue often saw a division between those in favor of a functional approach (the functionalists) and those seeking the delineation of a boundary (the spatialists). The spatialists emphasize that the boundary between air and outer space should be delimited because the status of outer space is a type of public domain from which sovereign jurisdiction is excluded, as stated in Article 2 of Outer Space Treaty. On the contrary art. I of Chicago Convention is evidence of the acknowledgement of sovereignty over airspace existing as an international customary law, has the binding force of which exists independently of the Convention. The functionalists, backed initially by the major space powers, which viewed any boundary demarcation as possibly restricting their access to space, whether for peaceful or non-military purposes, considered it insufficient or inadequate to delimit a boundary of outer space without obvious scientific and technological evidences. Last more than 50 years there were large development in the exploration and use of outer space. But a large number states including those taking the view of a functionalist have taken on a negative attitude. As the element of location is a decisive factor for the choice of the legal regime to be applied, a purely functional approach to the regulation of activities in the space above the Earth does not offer a solution. It seems therefore to welcome the arrival of clear evidence of a growing recognition of and national practices concerning a spatial approach to the problem is gaining support both by a large number of States as well as by publicists. The search for a solution to the problem of demarcating the two different legal regimes governing the space above Earth has undoubtedly been facilitated and a number of countries including Russia have already advocated the acceptance of the lowest perigee boundary of outer space at a height of 100km. As a matter of fact the lowest perigee where space objects are still able to continue in their orbiting around the earth has already been imposed as a natural criterion for the delimitation of outer space. This delimitation of outer space has also been evidenced by the constant practice of a large number of States and their tacit consent to space activities accomplished so far at this distance and beyond it. Of course there are still numerous opposing views on the delineation of a outer space boundary by space powers like U.S.A., England, France and so on. Therefore, first of all to solve the legal issues faced by the international community in outer space activities like delimitation problem, there needs a positive and peaceful will of international cooperation. From this viewpoint, President John F. Kennedy once described the rationale behind the outer space activities in his famous "Moon speech" given at Rice University in 1962. He called upon Americans and all mankind to strive for peaceful cooperation and coexistence in our future outer space activities. And Kennedy explained, "There is no strife, ${\ldots}$ nor any international conflict in outer space as yet. But its hazards are hostile to us all: Its conquest deserves the best of all mankind, and its opportunity for peaceful cooperation may never come again." This speech seems to even present us in the contemporary era with ample suggestions for further peaceful cooperation in outer space activities including the delimitation of outer space.

• Journal of Oral Medicine and Pain
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• v.31 no.4
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• pp.283-296
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• 2006

Along with the development of scientific technologies, health care has been growing remarkably, and as the social life quality improves with increasing interest in health, the demand for medical service is rapidly increasing. However, medical accident and medical dispute also are rapidly increasing due to various factors such as, increasing sense of people's right, lack of understanding in the nature of medical practice, over expectation on medical technique, commercialize medical supply system, moral degeneracy and unawareness of medical jurisprudence by doctors, widespread trend of mutual distrust, and lack of systematized device for solution of medical dispute. This study analysed 30 cases of civil suit in the year between 1994 to 2004, which were selected among the medical dispute cases in dental field with the judgement collected from organizations related to dentistry and department of oral medicine, Yonsei university dental hospital. The following results were drawn from the analyses: 1. The distribution of year showed rapid increase of medical dispute after the year 2000. 2. In the types of medical dispute, suit associated with tooth extraction took 36.7% of all. 3. As for the cause of medical dispute, uncomfortable feeling and dissatisfaction with the treatment showed 36.7%, death and permanent damage showed 16.7% each. 4. Winning the suit, compulsory mediation and recommendation for settlement took 60.0% of judgement result for the plaintiff. 5. For the type of medical organization in relation to medical dispute, 60.0% was found to be the private dental clinics, and 30.0% was university dental hospitals. 6. For the level of trial, dispute that progressed above 2 or 3 trials was of 30.0%. 7. For the amount of claim for damage, the claim amounting between 50 million to 100 million won was of 36.7%, and that of more than 100 million won was 13.3%, and in case of the judgement amount, the amount ranging from 10 million to 30 million won was of 40.0%, and that of more than 100 million won was of 6.7%. 8. For the number of dentist involved in the suit, 26.7% was of 2 or more dentists. 9. For the amount of time spent until the judgement, 46.7% took 11 to 20 months, and 36.7% took 21 to 30 months. 10. For medical malpractice, 46.7% was judged to be guilty, and 70% of the cases had undergone medical judgement or verification of the case by specialists during the process of the suit. 11. In the lost cases of doctors(18 cases), 72.2% was due to violence of carefulness in practice and 16.7% was due to missing of explanation to patient. Medical disputes occurring in the field of dentistry are usually of relatively less risky cases. Hence, the importance of explanation to patient is emphasized, and since the levels of patient satisfaction are subjective, improvement of the relationship between the patient and the dentist and recovery of autonomy within the group dentist are essential in addition to the reduction of technical malpractice. Moreover, management measure against the medical dispute should be set up through complement of the current doctors and hospitals medical malpractice insurance which is being conducted irrationally, and establishment of system in which education as well as consultation for medical disputes lead by the group of dental clinicians and academic scholars are accessible.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.127-160
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• 2014

The UN COPUOS was established in 1959 as a permanent committee of the UN General Assembly with the aims to promote international cooperation in peaceful uses of outer space, to formulate space-related programmes within the UN, to encourage research and dissemination of information on space, and to study legal problems arising from the outer space activities. Its members have been enlarged from 24 members in 1959 to 76 in 2014. The Legal Subcommittee, which has been established under COPUOS in 1962 to deal with legal problems associated with space activities, through its first three decades of work has set up a framework of international space law: the five treaties and agreements - namely the Outer Space Treaty, Rescue Agreement, Liability Convention, Registration Convention, Moon Agreement - and the five declarations and legal principles. However, some sceptical views on this legal framework has been expressed, concerning the applicability of existing international space law to practical issues and new kinds of emerging space activities. UNISPACE III, which took place in 1999, served as a momentum to revitalize the discussions of the legal issues faced by the international community in outer space activities. The agenda of the Legal Subcommittee is currently structured into three categories: regular items, single issue/items, and items considered under a multi-year workplan. The regular items, which deal with basic legal issues, include definition and delimitation of outer space, status and application of the five UN treaties on outer space, and national legislation relevant to the peaceful exploration and use of outer space. The single issues/items, which are decided upon the preceding year, are discussed only for one year in the plenary unless renewed. They include items related to the use of nuclear power sources in outer space and to the space debris mitigation. The agenda items considered under a multi-year work plan are discussed in working group. Items under this category deal with non-legally binding UN instruments on outer space and international mechanism for cooperation. In recent years, the Subcommittee has made some progress on agenda items related to nuclear power sources, space debris, and international cooperation by means of establishing non-legally binding instruments, or soft law. The Republic of Korea became the member state of COPUOS in 2001, after rotating seats every two years with Cuba and Peru since 1994. Korea's joining of COPUOS seems to be late, in considering that some countries with hardly any space activity, such Chad, Sierra Leone, Kenya, Lebanon, Cameroon, joined COPUOS as early as 1960s and 1970s and contributed to the drafting of the aforementioned treaties, declarations, and legal principles. Given the difficulties to conclude a treaty and un urgency to regulate newly emerging space activities, Legal Subcommittee now focuses its effort on developing soft law such as resolutions and guideline to be adopted by UN General Assembly. In order to have its own practices reflected in the international practices, one of the constituent elements of international customary law, Korea should analyse its technical capability, policy, and law related to outer space activities and participate actively in the formation process of the soft law.

• Atmosphere
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• v.33 no.2
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• pp.275-295
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• 2023

In Korea, there are four institutions related to atmospheric science: the university's atmospheric science-related department, the Korea Meteorological Administration (KMA), the ROK Air Force Weather Group, and the Meteorological Industry Association. These four institutions have developed while maintaining a deep cooperative relationship with the Korea Meteorological Society (KMS) for the past 60 years. At the university, 6,986 bachelors, 1,595 masters, and 505 doctors, who are experts in meteorology and climate, have been accredited by 2022 at 7 universities related to atmospheric science. The KMA is carrying out national meteorological tasks to protect people's lives and property and foster the meteorological industry. The ROK Air Force Weather Group is in charge of military meteorological work, and is building an artificial intelligence and space weather support system through cooperation with universities, the KMA, and the KMS. Although the Meteorological Industry Association has a short history, its members, sales, and the number of employees are steadily increasing. The KMS greatly contributed to raising the national meteorological service to the level of advanced countries by supporting the development of universities, the KMA, the Air Force Meteorological Agency, and the Meteorological Industry Association.