• Title/Summary/Keyword: 성권리

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The Importance of Kant's 'Sensus Communis' in the Contemporary Practical Philosophy : Focused on the Relation between Autonomy and Solidarity (현대 실천철학에서 칸트 공통감 이론의 중요성 - 자율성과 연대성을 중심으로 -)

  • Kim, Suk-soo
    • Journal of Korean Philosophical Society
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    • v.123
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    • pp.57-86
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    • 2012
  • Many contemporary philosophers argue that modern philosophy is only the philosophy being imprisoned in subject and consciousness without communicating other subjects with language. They criticize that it is solipsistic. Today, those who are taking part in the communication theory, hermeneutics, and de-constructivism are trying to overcome this problem. The practical philosophers, especially those who advocate communintarianism criticize that modern libertarianism is not free from the isolated autonomy and breaks the solidarity of the traditional community with treating formally others. They criticize Kant's philosophy in the same way. But it is unreasonable. Because Kant was not the philosopher who pursued the same philosophy of subjectivity and liberalism as the earlier modern philosophers pursued. He tried to criticize its limits and overcome them. Especially he did not remain within the modern subjectivity, but rather tried to come up with the inter-subjectivity communicating between subjects. He showed this side through the 'sensus communis'. He thought of a judgement of taste as an effect resulting from the free play between imagination and understanding, and postulated the 'sensus communis' as a ground of the universal validity of this judgement. Therefore this 'sensus communis' is the subjective principle of a judgement of taste. Furthermore, he did not treat this 'sensus communis' merely as a self-relation of a subject, but rather developed it into an communicative relation among subjects. This position of Kant enables us to seek the harmony between the aesthetic sphere and social-moral sphere, and to overcome the conflicts between the autonomy of the liberalism and the solidarity of the communitarianism. Especially, his 'sensus communis' can be developed into the 'critical hermeneutics' and the 'relational autonomy'. Therefore his 'sensus communis' has the possibility to overcome the negative points of the traditional community and the modern community, and to overcome the conflicts among the isolated selves occurring in today's society. Hence Kant's 'sensus communis' has still the important values in the contemporary philosophy, especially in the practical philosophy being now discussed over the relation between autonomy and solidarity.

Legal Issues Regarding the Civil Injunction Against the Drone Flight (토지 상공에서의 드론의 비행자유에 대한 제한과 법률적 쟁점)

  • Shin, Hong-Kyun
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.75-111
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    • 2020
  • The civilian drone world has evolved in recent years from one dominated by hobbyists to growing involvement by companies seeking to profit from unmanned flight in everything from infrastructure inspections to drone deliveries that are already subject to regulations. Drone flight under the property right relation with the land owner would be deemed legal on the condition that expeditious and innocent passage of drone flight over the land be assured. The United Nations Convention on the Law of the Sea (UNCLOS) enshrines the concept of innocent passage through a coastal state's territorial sea. Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal state. A vessel in innocent passage may traverse the coastal state's territorial sea continuously and expeditiously, not stopping or anchoring except in force majeure situations. However, the disturbances caused by drone flight may be removed, which is defined as infringement against the constitutional interest of personal rights. For example, aggressive infringement against privacy and personal freedom may be committed by drone more easily than ever before, and than other means. The cost-benefit analysis, however, has been recognjzed as effective criteria regarding the removal of disturbances or injunction decision. Applying that analysis, the civil action against such infringement may not find suitable basis for making a good case. Because the removal of such infringement through civil actions may result in only the deletion of journal article. The injunction of drone flight before taking the information would not be obtainable through civil action, Therefore, more detailed and meticulous regulation and criteria in public law domain may be preferable than civil action, at present time. It may be suitable for legal stability and drone industry to set up the detailed public regulations restricting the free flight of drone capable of acquiring visual information amounting to the infrigement against the right of personal information security.

A Study of Moral Panics of Multi-cultural Society in Korea (한국 다문화 사회의 도덕적 공황 상태에 대한 연구)

  • Song, Sun-Young
    • Journal of Ethics
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    • no.77
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    • pp.73-112
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    • 2010
  • This study aims to explore the character and problem of multicultural society in Korea in terms of the concept of moral panics. Its major issues are dealt with as follows: Firstly, this essay will apply two concepts of culture in multiculturalism - the pattern of meaning and a study of perfection- to three degrees of multicultural members: by individual, by groups and by a society as a whole. In this approach, moral panics of multicultural society in Korea have been manipulated by the secondary definitions like Korean government and media. In this study, however, the resource of the panics would be seen as nationalism in Korean history. To remove it in this essay, the conception of the pattern of meaning, which makes members understand others outer their norms, should be harmonized with that of a study of perfection by which they have identities. Secondly, the main subject of multiculturalism in Korea should at least be majority (groups)-Korean, not minority (groups)-foreigners. A stereotype of foreigners by majority is an image distorted by nationalities and races. People, for example, with the white skin from advanced countries are recognized as superior, while those born in the countries of Southeast Asia are, consciously or unconsciously, discriminated and have low positions due to socio-economic stratification in Korea. In this sense, a study of multicultural society in Korea should go forward to the inner direction to majority, because it is one of the real moral panics in Korea. In conclusion, it is important that there must be a study of identity which we can have of others in multicultural studies of Korea. It enables us to meet the conception of diversity. In that Korean government and media have neglected the danger of nationalism, it is also necessary that this study have any foundation of morality in ethics, which can give useful alternatives to the given polices of the secondary definitions.

Proving Causation With Epidemiological Evidence in Tobacco Lawsuits (담배소송에서 역학적 증거에 의한 인과관계의 증명에 관한 소고)

  • Lee, Sun Goo
    • Journal of Preventive Medicine and Public Health
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    • v.49 no.2
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    • pp.80-96
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    • 2016
  • Recently, a series of lawsuits were filed in Korea claiming tort liability against tobacco companies. The Supreme Court has already issued decisions in some cases, while others are still pending. The primary issue in these cases is whether the epidemiological evidence submitted by the plaintiffs clearly proves the causal relationship between smoking and disease as required by civil law. Proving causation is difficult in tobacco lawsuits because factors other than smoking are involved in the development of a disease, and also because of the lapse of time between smoking and the manifestation of the disease. The Supreme Court (Supreme Court Decision, 2011Da22092, April 10, 2014) has imposed some limitations on using epidemiological evidence to prove causation in tobacco lawsuits filed by smokers and their family members, but these limitations should be reconsidered. First, the Court stated that a disease can be categorized as specific or non-specific, and for each disease type, causation can be proven by different types of evidence. However, the concept of specific diseases is not compatible with multifactor theory, which is generally accepted in the field of public health. Second, when the epidemiological association between the disease and the risk factor is proven to be significant, imposing additional burdens of proof on the plaintiff may considerably limit the plaintiff's right to recovery, but the Court required the plaintiffs to provide additional information such as health condition and lifestyle. Third, the Supreme Court is not giving greater weight to the evidential value of epidemiological study results because the Court focuses on the fact that these studies were group-level, not individual-level. However, group-level studies could still offer valuable information about individual members of the group, e.g., probability of causation.

A Study on Institutional Reliability of Open Record Information in the Information Disclosure System (정보공개제도에서 공개 기록정보의 제도적 신뢰성에 관한 연구)

  • Lee, Bo-ram;Lee, Young-hak
    • The Korean Journal of Archival Studies
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    • no.35
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    • pp.41-91
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    • 2013
  • There have been numerous steps of growth in policy system since the legal systemization through the enactment of Information Disclosure of public institution Act in 1996 and Records Management of public institution Act in 1999 as well as infrastructure advancement led by government bodies, but it still shows insufficiency in some aspects of information disclosure system and records management. In particular, the issue of reliability on record information disclosed through information disclosure system is raised, and institutional base through the legal and technical devices to ensure the reliability are not well prepared. Government has attempted to enact laws and regulations to guarantee the public right to know through information disclosure and records management at government level, and establish the national system in a way that advances the infrastructure for encouraging the participation in state affairs and utilization of national record information resources. There are limitations that it lacks internal stability and overlooks the impact and significance of record information itself by focusing upon system expansion and disclosing information quantatively. Numerous record information disclosed tends to be falsified, forged, extracted or manufactured by information disclosure staffs, or provided in a form other than official document or draft. In addition, the disclosure or non-disclosure decisions without consistency and criteria due to lack of information disclosure staff or titular supervising authority, which is likely to lead to societal confusion. There are also frequent cases where the reliability is damaged due to voluntary decision, false response or non response depending upon request agents for information disclosure. In other cases, vague request by information disclosure applicant or civil complaint form request are likely to hinder the reliability of record information. Thus it is essential to ensure the reliability of record information by establishing and amending relevant laws and regulations, systemic improvement through organizational and staff expertise advancement, supplementing the information disclosure system and process, and changing the social perception on information disclosure. That is, reliable record information is expected to contribute to genuine governance form administration as well as accountability of government bodies and public organizations. In conclusion, there are needed numerous attempts to ensure the reliability of record information to be disclosure in the future beyond previous trials of perceiving record information as records systematically and focusing upon disclosing more information and external development of system.

A Case Study on Conflict Types and Management for Technology Valuation Project (기술가치평가 과제관리의 갈등관리에 관한 사례연구)

  • LEE, Yun Hee;Sohn, Young Hwan;Yoo, Myoung Kwan
    • Journal of Korea Technology Innovation Society
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    • v.21 no.1
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    • pp.130-150
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    • 2018
  • Technology valuation refers to the act, procedures, or techniques in evaluating certain technology and its value for commercialization. For this purpose, deadlines and process plans are established based on valuation goals such as technology transfer, investment and financing, investment in kind, and strategy establishment. The technology valuation process involves analyzing and evaluating technology performance, rights, marketability, and business value technology, as well as calculating the monetary value of technology modules based on the results. Analysis and evaluation of each module is performed by a team of experts having knowledge of specific technology. Valuation of technologies is conducted as independent projects by project managers (PM) who integrate and manage modules; they must have expertise in systematic performance of task support and management to ensure objectivity and reliability. Furthermore, the valuation team comprises expert stakeholders having knowledge about each module due to the nature of technology valuation. For smooth knowledge sharing in technology and valuation procedures, communication skills and roles of PMs supporting and managing the valuation are important. Primarily, PMs must resolve conflicts between evaluators participating in different tasks, evaluators and evaluatees, and technology holders and receivers. This study examines technology valuation for four conflicts occurring frequently among stakeholders providing valuation support to PMs, and seeks resolutions. The conflicts and resolutions discussed in this study may lead to more specialized roles of PMs in technology valuation and project management, as well as systemized valuation support and management plans.

The Effect of Alcohol Availability on Drinking Behavior : A Multilevel Analysis on Urban Regions (알코올가용성이 음주행태에 미치는 영향: 도시지역을 대상으로 한 다수준 분석)

  • Kwon, RIA;Shin, Sangsoo;Shin, Young-jeon
    • 한국사회정책
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    • v.25 no.2
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    • pp.125-163
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    • 2018
  • Social and health problems related to drinking are serious. Drinking behavior is affected not only by personal factors but also by environment factors. The purpose of this study is to find out how the alcoholic beverage stores in community influence the drinking behaviors of individuals after adjusting the individual level variables and provide it as basic data for alcohol related regulatory policies. In order to identify the factors affecting drinking behavior, we conducted a multilevel logistic regression analysis with high-risk drinking and current drinking as dependent variables. Individual-level data provided by 2015 community health survey from respondents of urban residents, and regional level data provided by the National Statistical office. The variables such as age, education level, and income level were used as individual level variables and the number of basic living allowances, divorce rate, and the number of pubs were used as community level variables. According to the research results, after controlling all variables, the number of bar, retail per $1km^2$ in residential area effect on current drinking. But, they are not effect on high risk drinking. In the high risk drinking, only the divorce rate effect on drinking behavior. As a result of the stratified analysis, there was no difference in the current drinking. But, it shows that the higher the number of retail stores and the total alcohol availability, the higher risk drinking behavior in the 60s. The results of this study suggest that policies aimed not only on individuals but also on the local environment are necessary.

Characteristics of Inclusive Playground Guidelines (통합놀이터 가이드라인의 특성)

  • Kim, Yun-Geum;Kim, Hana;Maeng, Soo-hyun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.46 no.6
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    • pp.75-84
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    • 2018
  • The inclusive playground is a playground where disabled children and non-disabled children can play together, not a playground for the disabled. It started with the change of social awareness of the citizenship rights of disabled people in the 1960s and the resulting playgrounds. Since then, inclusive playgrounds have been developed in many countries, and these are organized in the form by guidelines. In Korea, social interest in inclusive playgrounds is increasing, but there are no systematic guidelines in Korea, and the application of overseas cases or guidelines is limited. The purpose of this study is to classify the concept of inclusive playgrounds and design guidelines, that were previously presented in inclusive playground design guideline of various countries and analyze the characteristics of, design scope, and design principles, and provide a basic framework for creating guidelines. The purpose of the design guideline was to present specific numerical values to the inclusive playground design guidelines, to link with academic research and industrial products, to present pursuit values, and to expand the value of pursuing design methods. The contents were covered by scope, conceptualization, principles of design and design process, design guidelines, and checklists. Most of the guideline covers specific autonomous governments or countries that can apply the related systems or laws, but the composition of the detailed contents is different. The guiding value of inclusive playgrounds presented in each guideline is not a playground for the disabled but a playground for all, and some guidelines refer to the difficulty in playgrounds considering non-disabled children. Based on these concepts, design guidelines are presented in each guideline. Improving the accessibility in design principles is a common theme and adds to the principles of safety, independence, convenience, and playability. None of the guidelines do not provide design guidelines. Although there is a difference in the degree and method of specificity provided by each of the guidelines, the design guidelines can be generally summarized as space, copper line, and unit facilities. As mentioned in many guidelines, an inclusive playground is not only a playground for children with disabilities. Therefore, in the design guidelines, it is also important to the support play of children with disabilities and to induce inclusive play. The design guidelines presented in the guideline can be rearranged into three stages of 'supporting the play of children with disabilities', 'securing the dimensions and materials of spaces and facilities', 'adding auxiliary devices' and 'designing new facilities'. There are three design guidelines for inducing inclusive play. First, by creating various difficulty levels and intersecting spaces, children with various abilities can play with each other, and at the same time, they can interact witheach other. Second, all children can cooperate and play without distinction between children with disabilities and non-disabled children. Finally, the guardian provides the conditions for efficient support so that the disabled child can fully enjoy the inclusive playground.

The Precaution Duty and the Product Liability for Adverse Reactions to the Contrast Media (조영제 부작용에 대한 주의의무와 제조물책임)

  • Kang, Yeong-Han
    • Journal of radiological science and technology
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    • v.30 no.4
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    • pp.305-311
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    • 2007
  • Contrast medium is a useful drug for radiological examinations and usability of it gradually increases while it has some inevitable adverse reaction and it is difficult to predict the occurrence and the degree of adverse reactions. Although the patient consented permission for the use of contrast media, the hospital could not be exempted from the responsibility for the adverse contrast media reaction. During radiological contrast media examination, the radiologist and the contrast media producer have the duty of precaution, prediction and avoid adverse results. In addition, they have reliabi lity of patient remedy for neglecting the duty. Since contrast medium are manufactured or processed as movable properties, the manufacturers are bound to the product liability if damages occur due to the defects in pharmaceuticals. In consideration of the characteristics of product liability, it is necessary to demand high degree of duty of care and diligence from producer or to reduce patient's burden of proof in a product liability lawsuit. For securing compensation ability and liability implementation, products compensation liability insurance is required for contrast medium manufacturers. In conclusion, contrast medium producer has legal liability for adverse reactions and the contract concluded with producer and hospital including legal liability will reduce liability of hospital and radiologist, patient.

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The Experience in Deciding for Childcare of Unmarried Lone Mother : Phenomenological Research (미혼 양육모의 양육 결정 체험 : 현상학적 연구)

  • Kim, Hye-Seon;Kim, Eun-Ha
    • Korean Journal of Social Welfare
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    • v.58 no.1
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    • pp.373-393
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    • 2006
  • This study aimed at understanding the experience in deciding for childcare of unmarried lone mother and searching for intervention methods through in-depth examination of the essence of the experience. To achieve this, the Colazzi analysis of phenomenological research was applied. The subjects of study were 7 unmarried lone mothers in early age of the twenties and thirties, who resided in an institution for unmarried lone mothers. An in-depth interview was held individually with them with question of "What is the experience in deciding for childcare as a unmarried lone mother" twice on the average from Nov. 2003 to Feb. 2005. The results found that a unmarried lone mothers' experience in childcare meant 'resurrection' through analyzing 22 themes and 7 theme clusters(confusion due to pregnancy, harsh feeling for reality suffering alone, feeling of love for a baby, mental conflict about childcare, decision toward childcare, firm in decision, hope for resurrection). Although the results of this study have the limitation of generalization due to phenomenological study, it will contribute to accepting and understanding mother-and-child families as one type of family rather than regarding them as being difficult or alienated in family and society, to recognizing the need of taking back their rights, and to suggesting intervention methods for unmarried lone mothers.

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