• Journal of the Korean Academy of Child and Adolescent Psychiatry
• /
• 제31권2호
• /
• pp.58-65
• /
• 2020

As in western countries, divorce rates in South Korea have recently been rising, and family disruption has become one of serious social problems. Parents are able to express their opinions and wishes confidently, but the thoughts and wishes of children, especially infants and young children, tend to be ignored. Children can also experience several emotional and behavioral problems during the process of and after their parents' divorce. When South Korean family courts determine custody arrangements, they typically do not have a systematic strategy and process based on custody evaluation to help children and their parents overcome conflicts and build healthy parent-child relationships after divorce. Furthermore, under the current court system, it is difficult for mental health specialists and child psychiatrists to intervene in familial conflicts as mediators or therapists during the course of divorce proceedings. Acknowledging these limitations, the South Korean family court system implemented a formal program for custody evaluations by child psychiatrists and psychologists in 2017. However, they have faced challenges such as a shortage of experienced specialist and lack of a training system or instruments for evaluation. In this paper, the authors aim to share professional knowledge of and experiences with aspects of the custody evaluation process, such as indications, procedures, methods, psychological tests, resources, and final report writing, to better serve children and their parents undergoing a painful divorce process.

• 의료법학
• /
• 제10권2호
• /
• pp.11-36
• /
• 2009

This thesis introduces the trends of korean courts' ruling on damages in medical malpractice cases for past 10 years. First of all, Korean courts' ruling have had a tendency to pay only non-economic damages for not taking the informed consent. If a doctor cannot get the informed consent from a patient, he compensate only non-economic damages for the infringement of self-determination rights of patient. It's enough for the plaintiff to prove the infringement of self-determination rights, if the plaintiff just want to get non-economic damages. The Korean Supreme court have ruled that if plaintiffs want to get economic damages for the infringement of self-determination rights or informed consent, plaintiffs must prove that the infringement of self-determination rights is the proximate cause of the economic damages of patient. There is another tendency for the Korean Supreme court to limit the damages in medical malpractice cases on the ground of patient's diseases' dangerousness or patient's idiosyncrasy. In the past courts often limit the damages only to 70~80% of total damages, but now a days courts mostly limit the damages to 20~30%. This thesis also introduce the Korean courts' trends about Valuing damages in personal injury actions awarded for gratuitously rendered nursing and medical care.

• 가정과삶의질연구
• /
• 제19권4호
• /
• pp.201-210
• /
• 2001

The purpose of this dissertation is to examine role and license of family welfare specialist and suggest in the occurrence of domestic violence crime family welfare specialist compulsory intervention rules legislate in the Domestic Violence Law. As for the methodology of the study, by a plan of the role and intervention of family welfare specialist on the Domestic Violence Law. First, role and its license of family welfare specialist, second, intervention for domestic violence defense of family welfare specialist system, third, for support legislation of family welfare specialist on the Domestic Violence Law. Namely, family welfare specialist of role in a report obligation of domestic violence accident, family welfare specialist of intervention in an emergency aid process of police, family welfare specialist of intervention in decision process of a court, family welfare specialist of intervention in the nation obligation in regard to domestic violence accident, family welfare specialist of intervention in the domestic violence counselling center. Finally, for the successful outcome of the role and intervention of family welfare specialist on the Domestic Violence Law, after all, not only the fulfillment of the condition of the system described above but also changes in peoples understanding are important.

• 한국중재학회지:중재연구
• /
• 제23권4호
• /
• pp.55-76
• /
• 2013

This study aims to analyze the main features of Mongolian arbitration system compared with Korean Arbitration Law which was revised under the UNCITRAL Arbitration Model Law. On the basis of this comparative study, certain differences are suggested: First, the environment of Mongolian arbitration is still insufficient in terms of its operation and usage at the international level. Second, the Mongol National Arbitration Court has established Ad-hoc Arbitration Rules and has promoted Ad-hoc Arbitration although it is an institutional arbitration organization. Third, the arbitration objects are defined as the types of tangible and intangible assets in Mongolia which are different from those of the Korean Arbitration Law. Accordingly, court and officer disputes, family disputes, labor-management relations, and criminal matters are covered by the arbitration objects. Fourth, Mongol Arbitration Law specifies the following persons disqualified for arbitrator appointment: the member of the Constitutional Court, judge, procurator, inquiry officer, investigator, court decision enforcement officer, attorney, or notary who has previously rendered legal service to any party of the disputes, and any officials who are prohibited by laws to be engaged in positions above the scope of their duties. Fifth, the arbitrator selection and appointment criteria should be documented, and the arbitrator should have the ability to resolve the disputes independently and fairly and achieve concord from both parties. Sixth, if there is no agreement between the parties, the arbitration language should be Mongolian, and the arbitral tribunal has no power to decide on it. Seventh, despite the agreement for a documentary hearing between the parties, there should be provided opportunities for an oral hearing if either of the parties requires it. Eighth, if the parties do not understand the language of the arbitration, the parties can directly ask the translation service. They should also keep secrets in the process of arbitration. Ninth, the cancellation of arbitral award is allowed by the application of the parties, not by the authority of the court. Except for the nine differences above, the Mongolian arbitration system is similar to that of the Korean Arbitration Law. This paper serves to contribute to the furtherance in trade relationship between Mongolia and Korea after the rapid and efficient resolution of disputes.

• 동양고전연구
• /
• 제69호
• /
• pp.83-114
• /
• 2017

이 글은 18세기부터 19세기 중반까지 종부시의 관원, 그 중에서도 실무를 담당했던 정 이하의 관원에 대한 실태를 분석하는 데 목적이 있다. 종부시는 왕실 보첩을 편찬하고 친진 범위 내의 종친들을 규찰하던 정3품 당하 관서이다. 조선 후기 종부시의 낭청으로는 정3품 당하관 정, 종6품 주부, 종7품 직장이 있었다. 이러한 체제는 조선 시대 내내 유지되다가 1864년(고종 1) 종친부에 합속 되었다. 한국학중앙연구원 장서각에 소장된 유일본인 "종부시낭청선생안"은 1794년(정조 18)부터 종친부에 합속 될 때까지 낭청에 대한 명단이 기록되어 있다. 이들의 관직, 성명, 자, 생년, 본관, 전직, 이직 등의 기록들이 남아 있어 조선 후기 종부시를 이해하는데 중요한 자료로 활용될 수 있다. 이들의 출신 성분을 살펴보면 전체적으로 문과 출신자들이 다수를 차지하였다. 직장의 경우에는 상당수가 소과 출신자들이었는데, 관직을 제수 받을 때에는 문음의 자격으로 임명되었다. 이들의 전직을 살펴보면 대체적으로 해당 관직과 유사하거나 그보다 낮은 품계에서 차출되었음을 알 수 있다. 주부의 전직 관서로는 청요직 관서에서의 차출이 가장 많이 나타났으며, 각종 행정아문에서의 차출도 많았다. 직장의 경우 1품아문인 의금부의 도사가 가장 많이 차출되었는데, 이러한 낮은 관서로의 차출은 관직 고하를 떠나 실직을 제수한 것으로 보인다. 종부시 관원의 이직을 살펴보면, 종부시 정은 낮은 직급으로의 이직을 많이 하였는데, 정3품 당상관의 자리가 제한되어 있었기 때문으로 보이며, 주로 청요직 관서로 이직한 것으로 보아 정3품 당하관의 청요직 관로를 확인할 수 있었다. 그 외에 외관으로의 이직도 많았는데 인사 적체 현상을 해소하는 방편으로 이해된다. 주부와 직장은 대체적으로 승진을 하거나 유사한 관품의 직급으로 이직을 하였다. 특히 종7품인 직장은 절대 다수가 승육을 하였다. 종부시 관원을 가장 많이 역임한 가문은 전주 이씨로 전체의 10% 정도를 차지한다. 종부시 관원을 역임한 성관은 조선 후기 문과 급제자의 출신 성관과 대부분 겹치는데, 문과 급제자를 많이 배출한 성관에서 종부시 관원을 많이 배출해 냈음을 알 수 있었다. 또한 상위 20개 가문의 역임 횟수가 전체 50% 정도에 이르는데 특정 가문의 관직 독점 현상도 확인할 수 있었다. "종부시낭청선생안"의 기록에 나와 있는 승진, 승육, 가자 등의 사유를 살펴보면 90% 가까이 선원보략 수정 후의 일로 나와 있다. 종부시의 두 가지 직능 가운데 종친 규찰 업무가 조선 후기에 상실된 것으로 보이는데, 연대기 자료에서도 조선 후기 종친 규찰 업무는 거의 보이지 않는다. 이는 17세기 인조 대부터 종친의 수가 급감하는 현상과 관련이 있다. 종친의 수가 왕실 의례를 거행하는데 미치지 못할 만큼 줄어들게 되자, 종부시에서의 종친 규찰 업무는 기능을 상실하게 되었고, 왕실보첩 편찬 업무만이 남게 된 것이다. 이렇듯 종친의 위상이 격하되자, 흥선대원군은 종친의 위상 강화 및 왕실 권위를 높이려는 의도로 종친부와 종부시를 통합하게 되었다.

• 의료법학
• /
• 제13권1호
• /
• pp.125-153
• /
• 2012

The adult guardianship system has been introduced through amendments of Korean Civil Code for the first time in the March 2011(Act No. 10429, 7. 1. 2013. enforcement). The adult guardianship system has the main purposes to provide a lot of help vulnerable adults and elderly, and protect them on the welfare related with property act, treatment, care, etc. There could be a controversy about whether the protection Legal Guardian's consent(formerly known as the Mental Health Act) or permission of the Family Court(revised Civil Code) are required to, or the Mental Health Act should be revised, when mental patient will be hospitalized forcibly. The author proposes that mental patient with Adult guardians should be determined by Legal Guardian's consent and approval of the Family Court, but mental patient without Adult guardians could be determined by Legal Guardian's consent. The issue of Withdrawing of life-sustaining treatment could be occurred due to the aging society and the development of modern medicine, and this has provided difficult, various problems to mankind in Legal, ethical, and social welfare aspects. The need of Death with dignity law or Natural death law has been reduced for a revision of the Civil Code. Therefore, on the issue of Withdrawing of life-sustaining treatment, in the future, intervention of the court is necessary in accordance with the revised Civil Code Section, and Organ Transplantation Act and the brain death criteria may serve as an important criterion.

• 복식
• /
• 제58권3호
• /
• pp.19-33
• /
• 2008

Hair style of royal ladies in the 19th century according to the wedding record of King Heon-jong and Lady Sunhwagung is studied in this paper and summarized as follows: First, Saengmeori was a bridal hair style for the wedding night in Gyeonmagi(jacket) and Daeranchima(Skirt with gold trimming). It was a typical girls' hair style before the coming-of-age ceremony. It was composed of Saengmeoridari(wig), Seockunghwang, Jogduri(Coronet decorated with Jewellery), Saengdaeng-gi(hair ribbon) trimmed pearls, and jade disk trimmed pearls. Second, Garaemeori(double bun hair style) was the hair style with Wonsam when the chosen bride went to Byeol-Gung, a special palace for the bridal. It was composed of Gareachi(wig) and Cheopji(small wig) with the frontal hair ornament, jogduri, and Saidang-gi(hair ribbon). Third, Jojimmeori(single bun hair style) is a basic hair style for the madame. It was composed of jojimmeorichilbo, jogduri, jojimmeoridari(wig), and Cheopji with a frontal hair ornament. Fourth, Keunmeori is the second most important hair style for the court ceremony. It was composed of Eoyeomjogduri, Eoyeomdari(wig), Cheopji with a frontal hair ornament, Keunmeoridari(wig), and Keunmeorichilbo. Fifth, Susik, the most important hair style for the court ceremony, is the hair style for ceremonies including the day of becoming the formal queen, the first greeting day to the King's family. It was composed of 4 kinds of wigs and Susik-chilbo.

• 한국지역사회생활과학회지
• /
• 제18권4호
• /
• pp.539-553
• /
• 2007

The present study examined the effects of parent-education administered during divorce procedure on the perception of parent-education programs. The subjects were 60 couples who were in divorce procedure at the Seoul Family Court and had children under 20 Subjects were divided into three groups of 20 couples each: a control group, and experimental group 1 and experimental group 2 that were homogeneous in demographical and legal backgrounds. Experimental group 1 was shown pamphlets and videos on the role of divorced parents, and experimental group 2 was shown pamphlets and videos on the role of divorced parents as well as given explanations about the contents of the pamphlets and videos. No treatment was applied to the control group. According to the results of the experiment, the two experimental groups showed improvement in their perception of the necessity for parent-education programs. Demand for the number of sessions and hours, and the effect was higher in experimental group 2 than in experimental group 1. With regard to the necessity of parent-education programs, experimental group 2 was positive particularly to mandatory injunction, the payment of education fees and expectation of helpfulness. All three groups expected that parent-education programs would be helpful.

• 한국조경학회지
• /
• 제20권2호
• /
• pp.62-75
• /
• 1992

To investigate the traditiional gaden style of Sang ju Districts, 5 renown houses of noble family in Lee Dynasty were chosen to surey the environmental landscape and characteristics inner and outer space. 1. Traditional houses were located in natural environments based on topography(pung su-ji ri : forming philosophy of Taoism Buddbism and Korean native Sharmanism) which were reflected the 5 Elements of positive and Negative(Yin and Yang 5 Elements) 2. The formation of space is made of oblong by fence arrangement of dwelling housos has An Chae and Sa Rang Chae, and inner court of Anchae has style of oblong, and outer court of Sa Rang Chae has style of sililar oblong. Inner court is closed and outer is half opened. 3. Flow planning is straight and blique line because arrangement of dwelling houses is formed by theory of Dong-Suh Sa Taek(東西四宅), the flowing is complicated and connected from gate to room of An Chae. 4. Character of garden have simple neat whereas vegetable yard, green shade tree, and fruit trees have. Houses were built with their natural environments and streams in order to borrow landscaping in Sa Rang Chae. Specially they were not built pond. 5. Houses has one or two vegetable yard along inner and outer space and are seen as mixed planting more deciduous trees than evergreen trees.

• 한국중재학회지:중재연구
• /
• 제28권4호
• /
• pp.61-88
• /
• 2018

Myanmar has witnessed rapid economic growth in the 21st century. The cultural heritage of Myanmar (Burma) inherited from ancestors is law literature such as Dhammathat and Rajathat. Burma is a unique country in Southeast Asia in a sense that it already had a modern law system. For example, there has been a legal profession even in 12th century AD. According to Rajathat, lawyers were required to wear a uniform in court. Furthermore, lawyers and Judges participated in legal proceedings from the 15th century. As to the role of Dhammathat, there are conflicting views in the academic community. According to Professor Andrew Huxley, the profound literatures of Dhammathat had played an important role as a source of law in Burmese court in ancient times. Dhammathats have flourished in the struggle among the King, lawyers, and monks in old Burmese society. This customary law combined with Rajathat provided a guidance of legal proceedings in Burmese court, as well as village settlement. This traditional dispute resolution system reaches modern times in the form of Buddhist family law in Myanmar. Nowadays, the law system of Myanmar looks like a legal pluralism since the customary laws of Burma, as well as Shan and Arakan, are effective and co-exist with common law adopted at the colonial period. In recent times, Myanmar has enacted new arbitration laws (2016) in order to attract foreign direct investment.