• Title/Summary/Keyword: Family court

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The type of women in Gongsageunmunrok and A Gongsageunmunrok's meaning of women's history in Joseon (『공사견문록』의 여성유형과 여성생활사 측면에서 본 의의)

  • Kim, Girim
    • (The)Study of the Eastern Classic
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    • no.48
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    • pp.117-145
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    • 2012
  • Gongsageunmunrok is a book that was edited by Jung Jae-ryun. He edited and chose some stories good enough to be an role model to descendants. There were all about 310 stories in that book. A forth of them is story about women. There were 4 types of women in the book. cautious women and women to see through a covered fact.Women who have a lot of authority, women who ask a man something, The women cautious women are generally a royal family. They tried to stabilize their royal family and nation. The way to stabilize was a good behavior. Women who have authority harms equitably and authenticity of official business. Requesting women, also, harm fairness of official business. Gongsageunmunrok has many different meanings like the following. First of all, There are women life of royal family's women in the book. Second, It is the book which can be based on later stories about women. Lee Geng-ik(李肯翊) rewrote on Yeunreusilgisul(燃藜室記述). Especially, Kim Reu rewrote the story titled 'Hansukwonjeon(韓淑媛傳)'. Sung Hae-eung,also, rewote Han Bo-hyang's story. Third, There are many stories with the life of court maid. It is useful to study all the life of court maid, political events and current events. Forth, It describes with women's aspects. Therefore many women's clique can be understood. Fifth, It can show women's literary work and a phase of women's literary activity.

The Examination of Subgroup-Sensitive Risks and Needs among Delinquent Adolescents in the US

  • Lim, Ji-Young
    • International Journal of Human Ecology
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    • v.8 no.2
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    • pp.47-60
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    • 2007
  • While there is growing evidence regarding the subgroup-sensitive nature of risk factors among delinquent adolescents, researchers have paid little attention to the tracking of risks and needs by subgroups (e.g., gender, ethnicity, and the timing of onset for delinquency) among youth who are currently involved in the juvenile court system. Therefore, greater empirical attention directed toward subgroup-sensitive risk factors experienced by delinquent adolescents is thought to be both timely and necessary. A final convenience sample of 2167 court-involved adolescents in the US was used to specify subgroup-sensitive risks and needs. The results demonstrated that there were various levels of risks according to subgroups associated with gender, ethnicity, and onset for delinquency group. The findings of this study add to the extant literature on delinquency by demonstrating the importance of considering subgroups associated with gender, ethnicity, and the timing of onset for delinquency when practicing treatment or intervention programs with delinquent adolescents.

Major Issues and Improvement Measures for Disputes between Construction Companies and Residents Related to Defects in Multi-Family Housing Complexes (건설사와 입주민의 공동주택 하자분쟁 쟁점 및 개선 방안)

  • Bang, Hong-Soon;Kim, Ok-Kyue
    • Journal of the Korea Institute of Building Construction
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    • v.22 no.1
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    • pp.103-114
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    • 2022
  • In the area of construction defects, residents have a tendency to focus on visually identifiable defects, while construction companies focus on defects that affect the structural and functional integrity of apartment housing. Accordingly, construction companies and residents have conflicting views on defects in apartment housing. To address this issue, this study aimed to accurately identify the main disputes surrounding defects in multi-family housing complexes or multi-dwelling unit apartment housing caused by such sharply different perspectives and suggest improvement measures. First, standards to determine different defects and remuneration standards between the Ministry of Land, Infrastructure and Transport and the court were analyzed. Then, problems were derived through an analysis of defects in past court cases, and the differences in perspectives between construction companies and residents were identified based on defect data from various construction companies. To tackle these issues, a classification measure for establishing a defect database for multi-family homes was also proposed.

The Trend of Precedents about Calculation of Damage Compensation for Last Decade (손해배상액 산정에 관한 최근 10년간 판례의 동향 하(下))

  • Park, Young-Ho
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.397-445
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    • 2010
  • 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.

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Patient's Right of Self-determination and Informed Refusal: Case Comments (환자 자기결정권과 충분한 정보에 근거한 치료거부(informed refusal): 판례 연구)

  • Bae, Hyuna
    • The Korean Society of Law and Medicine
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    • v.18 no.2
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    • pp.105-138
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    • 2017
  • This is case comments of several representative legal cases regarding self- determination right of patient. In a case in which an intoxicated patient attempted suicide refusing treatment, the Supreme Court ruled that the medical team's respect for the patient's decision was an act of malpractice, and that in particular medical situations (medical emergencies) the physician's duty to preserve life supersedes the patient's rights to autonomy. Afterwards, at the request of the patient's family, and considering the patient's condition (irrecoverable death stage, etc.) consistent with a persistent vegetative state, the Supreme Court deduced the patient's intention and decide to withdraw life-sustaining treatment. More recently, regarding patients who refuse blood transfusions or other necessary treatment due to religious beliefs, the Supreme Court established a standard of judgment that can be seen as conferring equal value to the physician's duty to respect patient autonomy and to preserve life. An empirical study of legal precedent with regard to cases in which the physician's duty to preserve life conflicts with the patient's autonomy, grounded in respect for human dignity, can reveal how the Court's perspective has reflected the role of the patient as a decision-making subject and ways of respecting autonomy in Korean society, and how the Court's stance has changed alongside changing societal beliefs. The Court has shifted from judging the right to life as the foremost value and prioritizing this over the patient's autonomy, to beginning to at least consider the patient's formally stated or deducible wishes when withholding or withdrawing treatment, and to considering exercises of self determination right based on religious belief or certain other justifications with informed refusal. This will have a substantial impact on medical community going forward, and provide implicit and explicit guidance for physicians who are practicing medicine within this environment.

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A Study of Ritual Costumes and Hairstyles used in the Coming-of-Age Ceremony for Royal Court Ladies in the Late Joseon Dynasty (조선후기 왕실여성의 관례복식 연구)

  • Kim, Soh-Hyeon
    • Journal of the Korean Society of Costume
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    • v.60 no.5
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    • pp.51-70
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    • 2010
  • The ritual to change the hairstyle holds the same meaning as the coming of age ceremony. The ceremony was performed throughout three times including choga, jaega, and samga. The garment and hairstyle attuned to the ceremony formalities. Women in the royal family had 'su-siK when they were fully grown up during choga, 'gwang-sik' during Jaega, and 'keun-meo-ri (big hairstyle)' during samga. 'su-sik' is the noblest hairstyle according to social status, which is allowed to be worn only by spouse of king and prince, regardless of adult or not. During jaega, 'gwang-sik' which was 'u-yeo-meo-ri', is made by winding 'darae (wig)' around a jjok-jin-muri (bun) [Jo-jim-meo-ri]? which distinguished the hairstyle of unmarried women, who did not go through a coming of age ceremony yet. Unmarried women maintained a hairstyle which is mostly twisted into one string, but they had 'saeang-meo-ri' when they were prepared for ceremonial costumes. Also, they had 'ga-raemeo-ri' when growing further. keun-meo-ri during samga is an addition of keun-meo-ri chaebal(wig) onto u-yeo-meo-ri. Women in the royal family made geo-du-mi by adding keun-meo-ri, which is formed by twisting wig, and oimyeongbu (noble ladies) and sanggung (court ladies) added a wooden wig called u-yeo-mi. Also, yeoryeong wore ga-ri-ma. In this way, the types of hairstyles were distinguished according to hierarchy. As the coming of age ceremonial dress. Wonsam was worn. During choga. wonsam was worn as a formal dress and during jaega and samga wonsam was worn as a full dress.

Charicteristics of Wonsam on An-dong Kim Clan's Tomb Relics in the later Chosun Dynasty (안동김씨모 출토 조선후기 원삼의 특징)

  • Lee Tae-Ok;Kim Hye-Young;Cho Woo-Hyun
    • Journal of the Korea Fashion and Costume Design Association
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    • v.7 no.2
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    • pp.61-74
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    • 2005
  • Wonsam, a type of korean women's gown in Choseon Dynasty, was used as a small ceremonial costume for queens, crown princesses and princesses and as a grand ceremonial costume for royal concubines and wives of high rank officials. It was also worn as a wedding dress for commoners. In the families of illustrious officials, it was also used as burial accessories or garments for the dead. In this context, Wonsam is a formal dress for the people's most important four ceremonies of coming-of-age, marriage, funeral, and ancestor worship. It is worth emphasizing the costume since it was widely and importantly used by all ranks of women, from royal families to commoners. Through the Wonsam of An-dong Kim Clan's, we can see what the society was like at the end of Choseon Dynasty. First, a status system that strictly divided costumes for each class, was, in many parts, broken down. Second, the highly wrought patterns and texture of fabrics of the Wonsam reveal that it was granted from Court, or, if woven by the Kim family, it is considered to be produced by the Court's craftsman or through technical transfer, considering that the weaving skills used are as good as those in Courts. Third, regarding the precise needlework that is uncomparable to textiles used by other illustrious officials families, the Wonsam is considered to be granted from Court or, produced through the needlework skills that were handed down from needlewomen in Courts. The Wonsam of An-dong Kim Clan's has noble beauty in it, with outstanding weaving skills, fabrics, needlework and shape. Thus, it is no exaggeration to say that it has those qualities to be the standard costume that inherits the tradition of Korean people.

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A Study of Court Dresses Shown in Scene of the Royal Banquet Given by the King at Gyeong-hyeon-dang of Gisagyecheop ("기사계첩(耆社契帖)"의 "경현당석연도(景賢堂錫宴圖)"에 보이는 인물들의 복식 고찰)

  • Lee, Eun-Joo
    • Journal of the Korean Society of Costume
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    • v.58 no.1
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    • pp.45-60
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    • 2008
  • This study reports a court dress culture in 1719 shown in the Scene of a Royal Banquet given by the King at Gyeong-hyeon-dang(景賢堂) of Gisagyecheop(耆社契帖). It can be summarized as follows: First, King Suk-jong(肅宗) attending a Royal Banquet for members of the Hall of Elder Statement wore the Ikseonkwan decorated with flowers, red Gollyongpo, Okdae, and Heukpiwha. The Crown Prince(王世子) also wore the Ikseonkwan decorated with flowers, black Goliyongpo, Okdae, and Heukpiwha. Second, senior statesmen(耆老臣) over the age 70 wore Sarno, Heukdallyeong with a crane rank tablet, belt, and black boots. Royal family members and officers also wore Samo, Heukdallyeong with a crane or silver pheasant rank tablet, belt, and black boots. Third, Sakum(司禁) of King's body guards wore Yungbok and Muyaebyulgam(武藝別監) wore Ja-geon and the green Jikryeong. Ui-jang-gun(儀仗軍) wore Pirip and Hongui, Haengjeon, and Unhae. Saboksikwan(司僕侍官) wore Samo, Heukdallyeong, belt, black boots, and a sword. Fourth, boy dancers(舞童) wore Buyongkwan, Kwanbok, skirt, belt, and black boots. Cheoyong-dancers(處容舞童) wore outfits in fine colors, wide pants, skirt, mask with an earring, gold colored belt, and white colored sandal. Hyeopryulrang(協律郞) wore Sarno and Heukdallyeong. Jipbak(執拍) wore Morabokdu and Noksaui, and Ak-kong(樂工) wore Whawhabokdu, Hongju-ui, Ojungdae, and Heukpiwha. Singer(歌童) wore Jajeok-dugeon, nokju-ui, and jajeokdae.

A Review on Constitutional Discordance Adjudication of the Constitutional Court to Total Ban on Abortion ('낙태죄' 헌법재판소 헌법불합치 결정의 취지와 법률개정 방향 - 헌법재판소 2019. 4. 11. 선고 2017헌바127 전원재판부 결정에 따라 -)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.20 no.2
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    • pp.3-39
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    • 2019
  • Even after the Constitutional Court decided on August 23, 2012 that the provisions of abortion were constitutional, discussions on the abolition of abortion continued. The controversy about abortion is not only happening recently, but it has already existed since the time when the Penal Code was enacted, and it shares the history of modern legislation with the Republic of Korea. Legislators whom submitted amendment while insisting upon the eradication of abortion in the process of enacting criminal law at that time, presented social and economic adaptation reasons as the core reason. From then on, the abolition of abortion has been discussed during the development dictatorship, but this was not intended to guarantee women's human rights, but it was closely connected to the national policy projects of "Contraception" and "Family Planning" of the Park's dictatorship. Since then, the enactment of the Mother and Child Health Law, which restrictively allow artificial abortion, was held on February 8, 1973, in an emergency cabinet meeting that replaced the legislative power after the National Assembly was disbanded. It became effected May 10th. The reason behind the Mother and Child Health Law that included legalization of abortion in part was that the Revitalizing Reform at that time did not allow any opinion, so it seem to be it was difficult for the religious to express opposition. The "Maternal and Child Health Law" enacted in this way has been maintained through several amendments. It can be seen that the question of maintenance of abortion has been running on parallel lines without any significant difference from the time when the Penal Code was enacted. On August 23, 2012, the Constitutional Court decided that the Constitutional Opinion and the unonstitutional Opinion were 4: 4. However, it was decided by the Constitution without satisfying the quorum for unconstitutional decision of the Constitutional Court. This argument about abolition of abortion is settled for the the time being with the decision of the constitutional inconsistency of the Constitutional Court, and now, the National Assembly bears the issue of new legislation. In other words, the improved legislation must be executed until December 31, 2020, and if the previous improved legislation is not implemented, the crime of abortion (Article 269, Paragraph 1, Article 270 of the Criminal Code) Article 1 (1) will cease to be effective from 1 January 2021. Therefore, in the following, we will look into the reason of the Constitutional Court's constitutional discordance adjudication on criminal abortion(II), and how it structurally differs from the previous Constitutional Court and the Supreme Court. After considering key issues arised from the constitutional discordance adjudication(III), the legislative direction and within the scope of legislative discretion in accordance with the criteria presented by the Constitutional Court We reviewed the proposed revisions to the Penal Code and the Mather and Child Health Act of Korea(IV).

A Study on Medical-criminal Problem of Withdrawing Life-Sustaining Treatment (치료중단행위에 대한 의료형법적 고찰 -의학적 충고에 반한 퇴원 사례를 중심으로-)

  • Cho, In-Ho
    • The Korean Society of Law and Medicine
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    • v.9 no.1
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    • pp.319-382
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    • 2008
  • As a withdrawing care's study, the purpose of this study is searching about withdrawing care's acceptance and circumstances through Bora-mae hospital case(chapter 1). Withdrawing life-sustaining treatment has various forms. Though the meaning of euthanasia, death with dignity, natural death, physician assisted suicide are duplicated, the meaning of those are different slightly. Firstly, this study looks about the difference of the those meaning and acceptance range(condition) by withdrawing care's forms(chapter 2). Bora-mae hospital case sentenced guilty about physician who discharged incompetent patient who was after surgery by patient's wife determination. This Bora-mae case that sentenced guilty about discharge against medical advise(DAMA) that is regarded to custom has brought intensive confliction of legal, social, medical aspect, Bora-mae hospital case has many legal problems. First, as to criminal law rule 250(murder), the problem is whether discharge and withdrawing life-sustaining treatment is commission or omission. this study concluded omission(district court: omission, appeal, supreme court: commission). Because legal denounce point of discharge and medical treatment withdrawing is omission that physician who is obligatory on patient to cure. If physician's act is regarded omission, it is necessary to determine whether he has guardian status and obligation. Without guardian status and obligation, omission crime can't exist. This study decided that physician had guardian status and obligation and foundation of guardian status was pre-action or acceptance of emergency patient. Physician's medical treatment duty finished when patient(or patient's guardian) demands discharge. But when patient death is foreseen and other possible treatment does not exist, his duty of life prolonging treatment does not finish. This originate from physician's social responsibility and public status that limits patient's private liberty. This study regarded physician's action as accomplice about whether physician's discharging action is accomplice or the principal offender(district court: the principal offender, appeal, supreme court: accomplice). Though the principal offender needs criminal determination and action, there is no this common determination and functional action control of physician in Bora-mae case(chapter 3). Bora-mae hospital case partly originated from deficiency of legal, institutive system including medical security system shortage, the instruction is 1. medical security system strengthening, 2. hospital ethical committee's activity strengthening, 3. institutionalization of withdrawing life-sustaining treatment, 4. acceptance of pre-decision making system, 5. sufficient persuasion of physician for patient and faithful writing of medical paper, 6. respect for patients' self-determination and rights, 7. consciousness's changing for withdrawing life-sustaining treatment and persistent education about medical ethics(chapter 4). Considering Bora-mae case, medical sector is not the dead ground of a criminal punishment. Intervention of criminal law in medical sector give rise to ill effect, that is, excess medical examination and treatment, safeguard treatment, delay of discharge from a hospital. Because sufficient guarantee of life becomes mere empty slogan under situation that impose a burden of heavy cost to family or hospital, public and systematic solution should be given(chapter 5).

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