• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.3-26
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• 2015

Recently, Practicing of ghost surgery and duty of informed consent of doctors have become a big issue in the medical dispute and lawsuits. The ground of admitting the informed consent and the agreement(self-determination of patients) can be based on the dignity of man and the right to pursue his happiness guaranteed under Article 10 of the constitution in theory. However there are no explicit legal regulations on the duty of the informed consent and there is no substantive legal enactment on the informed consent, but there is a collision between self-determination of patients and the discretionary power of doctors. If the discretionary power on the duty of the informed consent was extended it may result in the infringement of the right of surgical patients, so called arbitrary medical treatment. Relating to this issue, New Jersey Supreme Court held that a patient has the right to determine not only whether surgery is to be performed on him, but also who shall perform it. Moreover it held that a surgeon who operates without the patient's consent engages in the unauthorized touching of another and, thus, commits a battery'. But there are no ghost surgery cases adopting battery theory in Korea, and professional negligence has been considered rather than the battery, regarding an absence of hostile intent to injure patient. Supreme Court of Korea held that a doctor who operates a medical procedure without the patient's valid prior consent based on wrong diagnosis commits professional negligence resulting in injury, and the patient's invalid consent do not preclude wrongfulness'. However, if a health care provider conducts a completely non-consensual treatment or substitute surgeon without consent, the action should be plead in battery, not negligence, but if a health care provider violate his duty of care in obtaining the consent of the patient by failing to disclosure all relevant information (risks) that a reasonable person would deem significant in making a decision to have the procedure, the action should be plead in negligence, not battery. Therefore, the scope of patients' self-determination can be protected by stating clearly the scope of the duty of the informed consent and the exemption of the informed consent legislatively, it is considered that it is valid to legislate the limitation of the discretionary power.

• (The)Study of the Eastern Classic
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• no.68
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• pp.237-281
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• 2017

This research aimed at investigating Kim Gyoshin's recognition on Korean traditional ideology and harmony of Christian idea and traditional idea through the writing and diary in "Bible Joseon". Kim Gyoshin expressed positive interest in Korean traditional idea and traditional religion, and intended to localize Christian belief through communicating with them. He expressed infinite respect for national cultural asset of Buddhism, intending to research Korean Buddhism. He paid utmost attention to Confucianism among traditional ideas. He had a strong affection for learning(好學), benevolence(仁義), conscience(良心) of Confucianism as patriotic character. He calmly practiced caution and solitary(愼獨) of sincere(誠), solemnity(敬) of Confucianism through his life, however he chose Christian belief by accepting atonement belief realizing human sinful nature fundamentally inherent in human being. He personally respected Confucius and lived after the model of him, however he searched the spirit of life to renew the people from Christianity. Academically, he respected Confucius, and believed in Jesus in religion. He highly evaluated the attitude of patriot(志士), which highly regarded the academic attitude of learning(好學) and benevolence(仁義), in this regard, criticized blind and non-intellectual belief. He had an open attitude toward Korean traditional idea with no prejudice. As human individuals have their own inherent moral value, he viewed that each people would have their inherent ethnicity and mission. He considered that Korean Peninsula where contradiction and yoke of the world history are inherent is the center of East Asia that would purify injustice of the world. He viewed that Korean people had owned their original good heart[仁] even before Buddhism and Confucianism had been transmitted to the country. He determined that Korean people were good people, who received goodness from the heaven. However, while Uchimura created Japanese style Christianity by adapting Japanese knighthood to Christian idea, Kim Gyoshin lacked sharp critical mind regarding how to establish Korean style Christianity by adapting which of Korean traditional idea to Christian idea.

• Journal of Korean Philosophical Society
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• v.139
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• pp.265-313
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• 2016

This research aims to reconstruct the philosophical content and essence of Schopenhauer's metaphysics of music in his book, Die Welt als Wille und Vorstellung, particularly in paragraph 52, and to pay close attention to its theoretical account of music in the context of traditional musical aesthetics. The question whether Schopenhauer's theory of music is about aesthetics of feeling or about absolute music is dealt with at the end of this paper. It can be answered only within the whole system of his philosophy, because Schopenhauer's theory of music is the result of his philosophical reflections, and plays an important part in his metaphysics of the will. Schopenhauer's music theory, or rather his metaphysics of music, thus cannot be treated separately from Schopenhauer's metaphysics of the will, and is connected organically with it. As the metaphysics of the will lies in suspense between the traditional metaphysical philosophy and the non-metaphysical philosophy after Nietzsche, between the idealism and the philosophy of the body, the music aesthetics of Schopenhauer oscillates between the (romantic) aesthetics of feeling and the modern idea of absolute music.

• Journal of Legislation Research
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• no.44
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• pp.655-688
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• 2013

Most of all the transfer of undertakings in such a service provision business as labour-intensive operation creates uncertainty of employment, aggravates terms of employment and breaks a trade union. However there are no regulations in Korea to protect employees from these undesirable situations. On the other hand Great Britain has introduced the concept of a transfer of undertakings by service provision change in 2006. It was intended to remove or at least alleviate the uncertainties and difficulties created by the need under TUPE 1981 and EU Directive to establish a transfer of a stable economic identity which retained its identity in the hands of the alleged transferee. In contrast to the words used to define transfer in the 1981 Regulations 'service provision change' is a wholly new statutory concept and distinguished from the economic entity. The new provisions seems to be straightforwards and the circumstances in which service provision change is established are clearly set out in Regulations. In this context there is no need for a judicially prescribed multi-factorial approach, as advanced by European Court of Justice like Spijkers test. The new concept of service provision change apply even though there are some minor difference or differences between the nature of the tasks carried on after service provision change as compared with before it. A commonsense and pragmatic approach is required and It is enough only to ask whether the activities carried on by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transfer. TUPE 2006 of Great Britain far exceeding the scope of the Acquired Rights Directive is full of suggestions as a model of legislation to secure a stable employment itself and favorable and fair conditions of employment. More active efforts are needed for lawmaking to prohibit a dismissal and vary conditions of employment for the reason of the transfer of undertakings itself.

• The Korean Society of Law and Medicine
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• v.21 no.3
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• pp.145-178
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• 2020

This paper examines discussions surrounding cognitive liberty, neuro-privacy, and mental integrity from the perspective of Neuro-rights. The right to control one's neurological data entails self-determination of collection and usage of one's data, and the right to object to any way such data may be employed to negatively impact oneself. As innovations in neurotechnologies bear benefits and downsides, a novel concept of the neuro-rights has been suggested to protect individual liberty and rights. In Oct. 2020, the Chilean Senate presented the 'Proyecto de ley sobre neuroderechos' to promote the recognition and protection of neuro-rights. This new bill defines all data obtained from the brain as neuronal data and outlaws the commerce of this data. Neurotechnology, especially when paired with big data and artificial intelligence, has the potential to turn one's neurological state into data. The possibility of inferring one's intent, preferences, personality, memory, emotions, and so on, poses harm to individual liberty and rights. However, the collection and use of neural data may outpace legislative innovation in the near future. Legal protection of neural data and the rights of its subject must be established in a comprehensive way, to adapt to the evolving data economy and technical environment.

• Journal of vocational education research
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• v.30 no.4
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• pp.1-22
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• 2011

Paradoxically, leadership has not only positive effects but also negative effects. The purpose of this study is to examine supervisors' dysfunctional leadership behaviors, antecedents and results in order to draw HRD implications for protecting organizations and employees from dysfunctional leaders and provide implications for leadership development. A qualitative research method based on semi-organized interviews with 28 employees from S-group was used. The results of this study show that the dysfunctional leadership behaviors were associated with ten behavioral categories: belittling and insulting the subordinates, authoritative and arbitrary behaviors, self-aggrandizement, biased preference for certain personnel, arrogance, micro-managing, inability to change and adapt, discordance between words and actions, over-dependance on supervisor, lack of ethics and values. Dysfunctional leadership behaviors were casually attributed to 'personal traits & experience', 'task characteristics', and 'internal & external environments of the organization'. Finally, the results of supervisor's dysfunctional leadership behaviors on employees and the organizational effects were 'increased turnover rate', 'declining work efficiency', 'collapsing morale', 'retraining innovative thinking', 'passive working culture', 'discouraging organizational vitality', 'discouraging organizational synergy', 'losing loyalty' and 'declining trust on supervisor'.

• Journal of Christian Education in Korea
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• v.64
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• pp.445-477
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• 2020

The topic of school community is considered very important in Christian education because the Christian religion is based on relationships. However, the studies on school community in Christian education are insufficient. Therefore, this study intends to explore the characteristics of school communities in Christian elementary school through descriptive approach. For this, data was collected through a ten-week participant observations and ten-time interview with the teachers, students, and parents, and artifacts collection. The result of the analysis, students were growing up with experiencing inner conflicts when they have a good relationship with their friends as a member of one community. This study gives suggestions to Christian school and public school communities as follows. First, studies on Christian schools' community have to be based on the Christian worldview. Second, The community of justice needs to be included in Christian school communities. Third, Christian school students experience continuous inner conflicts when practicing Christian values, thus the classroom community needs to be a place where students can talk about it openly. Fourth, public schools only consider the abilities to cultivate community competence, but it needs to apply the Christian school community where it is comfortable and acceptable to reveal weakness. In this way, the community will become a more humanistic environment.

• Journal of Legislation Research
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• no.41
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• pp.7-42
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• 2011

The social welfare law concerning the children, the elderly and the disabled has been sufficiently in the center of the discussion in the academic as well as practical arena. One can find however rarely academic proposals about the way of understanding, spheres affiliated with this legal system, and systematic characteristics. So these problems stay now vague. This article aims to approach to these points of issue. First, it tries to reveal the physical, psychological and psychic characteristics of these group of people. These situation are not to be effectively protected by norms and measures provided by other instruments of social security, i.e. social insurances and social assistances. Second, based upon these functional limits inherent to these instruments of social security the own system of the social welfare law is explored in this article. The discussing points are as follows; 1. the concept of social welfare law, 2. as core principles; realization of the personality and freedom based upon self-determination right, universalism and equality. 3. rearrangements of the legal provisions to bring harmony with the legal purpose and function of social welfare law. Finally, it is pointed that the evaluation of the relevant legislation is essential, since in this area the difference between the norm purpose and the reality could be immense.

• (The)Korea Educational Review
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• v.22 no.3
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• pp.169-192
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• 2016

The purpose of this study is to investigate the relations between religious socialism and education of Martin Buber(1878~1965), a theistic existentialist. Buber suggested religious socialism as an alternative to modern capitalist society which has many problems. Buber's religious socialism is based on the communitarianism of Hasidism. Buber considered 'true' socialism must be based on decentralized associations, not based on centralized state apparatuses. For establishing this kind of socialism, human will and mind are the most important. Thus, education takes a very important role in the process of social transformation. According to Buber, education and pedagogy should contribute to overcoming modern society's problems by pursuing the construction of community(true socialist society). For Buber, education for individuals' character and education for building community are not separated but combined. That is, although education takes a main role in the social transformation, it should not be considered just as an instrument for the social transformation. This is the main distinction between Buber's thought and other key socialists' thoughts on social transformation and education, because many of socialists who stress the role of education in the process of social transformation, tend to regard education as an instrument for the social transformation. According to Buber, education can contribute to social transformation without being an instrument for the social transformation. These ideas of Buber on religious socialism and education have important implications for educators and educationalists who hope education contributes to solving problems of modern society.

• The Journal of Korean Philosophical History
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• no.30
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• pp.259-282
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• 2010

Ethical value of Confucianism seeks to realize the ideal of life to the reality, through ethical life. It is discussed based on myself, which is the main ethical agent, in relationship with the others. These traditional values include universality in the homogeneous aspect such as humanism that has been commonly sought by the human race, or awe toward the absolute one. 'Pursuit of universality in the Korean context' ultimately seeks 'Korean ethics', that prevailed in Korea, based on the Korean traditional culture. Therefore, we should comprehensively understand this universality and diversity, so called 'us'. Through the understanding, we should play an active role of culture creators as noble persons that realize fraternity, along with respect to each culture. Studies on traditional ethics will not only be an important opportunity to look at the history and current status of ethics, but also it will be a cornerstone to understand the Korean mind-set based on the Korean culture. Recently, establishing Korean identity and recovery of ethics damaged due to anomie of value are key social issues. Studies on traditional value are not separated from this issue. If our adolescents are able to correctly understand the traditional ethics and pursue a life recreating it, they will be able to enjoy healthier life, contributing to a healthier society.