• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.35-77
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• 2023

As the amendment to the Personal Information Protection Act, which newly established the basis for the right to request transmission of personal information, was promulgated through the plenary session of the National Assembly, MyData, which was previously applied only to the financial sector, could spread to all fields. The right to request transmission of personal information is the right of the information subject to be guaranteed for the realization of MyData. However, since the right to request transmission of personal information stipulated in the Personal Information Protection Act is designed to be applied to all fields, not a special field such as the medical field, it has many shortcomings to act as a core basis for implementing MyData in Medicine. Based on this awareness of the problem, this paper compares and analyzes major legal trends related to the right to portability of personal health information at home and abroad, and examines the limitations of Korea's Personal Information Protection Act and Medical Act in realizing Medical MyData. Under the Personal Information Protection Act, the right to request transmission of personal information is insufficient to apply to the medical field, such as the scope of information to be transmitted, the transmission method, and the scope of the person obligated to perform the transmission, etc.. Regulations on the right to access medical information and transmission of medical records under the Medical Act also have limitations in implementing the full function of Medical My Data in that the target information and the leading institution are very limited. In order to overcome these limitations, this paper prepared a separate and independent special law to regulate matters related to the use and protection of personal health information as a measure to improve the legal system that can effectively guarantee the right to portability of personal health information, taking into account the specificity of the medical field. It was proposed to specifically regulate the contents of the movement and transmission system of personal health information.

• Journal of the Daesoon Academy of Sciences
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• v.44
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• pp.177-212
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• 2023

In this study, discussions of the suppression of cultural diversity in communities was conducted. First, based on the studies conducted so far and recent changes, the oppression that exists between the Chinese government and ethnic minorities was considered. The visible suppression mentioned was the expansion of Han Chinese Mandarin language education, sanctions on minority languages, and the expansion of higher education at the exclusion of minority identities. In terms of 'invisible' oppression, urbanization, urban development with modernization at the forefront, and the use of officials from minority ethnic groups educated by the central government were items that were discussed. Next, the case of Latin America was examined. In particular, attention was paid to the theory of resistance against Europeans and European culture. Based off of the worries and experiences of Latin American intellectuals who have underwent oppression as individuals from culturally diverse backgrounds, a mature theory was formulated that could be used to defend Chinese minorities in the future. There is a specificity to the problem of Chinese minority communities. However, from a large perspective, experience and self-critical exploration in Latin America serve as an opportunity to expand the specificity of Chinese minority communities. Their situation resembles previous situations in Latin America when native cultures were being culturally eroded by Europe. Thus, as Latin American scholars argue, a shift in perception is necessary. In addition to this, in the text, it is likewise necessary to reflect on diversity, freedom, and mutualistic respect. There are proposals advocating for the realization of Heyibutong (和而不同 harmony but not through sameness) based on the situation in China. In the process of this consideration, much thought was given about what the observed communities are like and what a hypothetically desirable community would be like. This extends not only to Chinese minority communities and native residents of Latin America, but also to Asians in the United States and foreigners in Korea. Through this, it is hoped that desirable communities characterized by cultural diversity can be skillfully pursued.

• Journal of the Daesoon Academy of Sciences
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• v.30
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• pp.235-270
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• 2018

The term, Degree Number, was religiously re-interpreted by Jeungsan (甑山) Kang Il-Sun (姜一淳, 1871~1909) and used by him to imply 'the principle of ruling the world.' It was especially the case that his usage of Degree Number referred to the new law that will rule during the Later World, and the significance of this was promoted during Jeungsan's Reordering Works of Heaven and Earth. And Jeongsan (鼎山) Jo Cheol-Je (趙哲濟, 1895~1958), who received a revelation from Jeungsan, established new religious movements including Mugeuk-do and Taegeuk-do and gave a broader meaning to the term Degree Number which he adopted from Jeungsan. He endowed it with the additional meaning of 'all the religious activities performed to achieve an ideal world.' In the history of Korean religions, Degree Number was newly interpreted by the religiously-gifted Jeungsan, who appeared at the end of the Joseon Dynasty. The lineage of religious thought related to Degree Numbers was constantly transmitted through Mugeuk-do and Taegeuk-do both of which were founded by Jeongsan Jo Cheol-Je. Later, Park Han-Gyeong (朴漢慶, 1917~1996) succeeded this lineage when he established Daesoon Jinrihoe in 1969. Religious thought related to Degree Numbers came from Jeungsan's self-realization that he was 'Sangje (the Supreme God).' The thought was also formed by his religious declaration wherein he changed the Degree Number of mutual contention in the Former World to that of mutual beneficence in the Later World. What Jeungsan emphasized was the fluidity of Degree Numbers. Just like human beings are never able to escape from the bonds of their destiny, in Jeungsan's thought, forced or ordained cosmic orders do not exist. In the outworn world of the past, which has been defined as the Former World, the Degree Number was recognized as the ordained law and norm, but as the Later World was coming, Jeungsan recalibrated the Degree Number and defined it anew through his own authority and power as the Supreme God. Jeongsan recalibrated many Degree Numbers throughout his life. The number of Degree Numbers which Jeungsan recalibrated is relatively fewer than that of Jeongsan, who inherited the thought of Jeungsan, and then went on to categorize almost every major religious activity he performed a Degree Number. In this context, Jeungsan's 'Degree Number' became expanded and broadened in terms of its scope.

• Korean small business review
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• v.33 no.4
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• pp.77-93
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• 2011

Since 2000, the employment rate of small and medium enterprises (SMEs) has dwindled while the creation of new jobs and the emergence of healthy SMEs have been stagnant. The fundamental reason for these symptoms is that the economic structure is disadvantageous to SMEs. In particular, the greater gap between SMEs and large enterprises has resulted in polarization, and the resulting imbalance has become the largest obstacle to improving SMEs' competitiveness. For example, the total productivity has continued to drop, and the average productivity of SMEs is now merely 30% of that of large enterprises, and the average wage of SMEs' employees is only 53% of that of large enterprises. Along with polarization, rapid industrialization has also caused anti-enterprise consensus, the collapse of the middle class, hostility towards establishments, and other aftereffects. The general consensus is that unless these problems are solved, South Korea will not become an advanced country. Especially, South Korea is now facing issues that need urgent measures, such as the decline of its economic growth, the worsening distribution of profits, and the increased external volatility. Recognizing such negative trends, the MB administration proposed a win-win growth policy and recently introduced a new national value called "ecosystemic development." As the terms in such policy agenda are similar, however, the conceptual differences among such terms must first be fully understood. Therefore, in this study, the concepts of win-win growth policy and ecosystemic development, and the need for them, were surveyed, and their differences from and similarities with other policy concepts like win-win cooperation and symbiotic development were examined. Based on the results of the survey and examination, the study introduced a South Korean model of win-win growth, targeting the promotion of a sound balance between large enterprises and SMEs and an innovative ecosystem, and finally, proposing future policy tasks. Win-win growth is not an academic term but a policy term. Thus, it is less advisable to give a theoretical definition of it than to understand its concept based on its objective and method as a policy. The core of the MB administration's win-win growth policy is the creation of a partnership between key economic subjects such as large enterprises and SMEs based on each subject's differentiated capacity, and such economic subjects' joint promotion of growth opportunities. Its objective is to contribute to the establishment of an advanced capitalistic system by securing the sustainability of the South Korean economy. Such win-win growth policy includes three core concepts. The first concept, ecosystem, is that win-win growth should be understood from the viewpoint of an industrial ecosystem and should be pursued by overcoming the issues of specific enterprises. An enterprise is not an independent entity but a social entity, meaning it exists in relationship with the society (Drucker, 2011). The second concept, balance, points to the fact that an effort should be made to establish a systemic and social infrastructure for a healthy balance in the industry. The social system and infrastructure should be established in such a way as to create a balance between short- term needs and long-term sustainability, between freedom and responsibility, and between profitability and social obligations. Finally, the third concept is the behavioral change of economic entities. The win-win growth policy is not merely about simple transactional relationships or determining reasonable prices but more about the need for a behavior change on the part of economic entities, without which the objectives of the policy cannot be achieved. Various advanced countries have developed different win-win growth models based on their respective cultures and economic-development stages. Japan, whose culture is characterized by a relatively high level of group-centered trust, has developed a productivity improvement model based on such culture, whereas the U.S., which has a highly developed system of market capitalism, has developed a system that instigates or promotes market-oriented technological innovation. Unlike Japan or the U.S., Europe, a late starter, has not fully developed a trust-based culture or market capitalism and thus often uses a policy-led model based on which the government leads the improvement of productivity and promotes technological innovation. By modeling successful cases from these advanced countries, South Korea can establish its unique win-win growth system. For this, it needs to determine the method and tasks that suit its circumstances by examining the prerequisites for its success as well as the strengths and weaknesses of each advanced country. This paper proposes a South Korean model of win-win growth, whose objective is to upgrade the country's low-trust-level-based industrial structure, in which large enterprises and SMEs depend only on independent survival strategies, to a high-trust-level-based social ecosystem, in which large enterprises and SMEs develop a cooperative relationship as partners. Based on this objective, the model proposes the establishment of a sound balance of systems and infrastructure between large enterprises and SMEs, and to form a crenovative social ecosystem. The South Korean model of win-win growth consists of three axes: utilization of the South Koreans' potential, which creates community-oriented energy; fusion-style improvement of various control and self-regulated systems for establishing a high-trust-level-oriented social infrastructure; and behavioral change on the part of enterprises in terms of putting an end to their unfair business activities and promoting future-oriented cooperative relationships. This system will establish a dynamic industrial ecosystem that will generate creative energy and will thus contribute to the realization of a sustainable economy in the 21st century. The South Korean model of win-win growth should pursue community-based self-regulation, which promotes the power of efficiency and competition that is fundamentally being pursued by capitalism while at the same time seeking the value of society and community. Already existing in Korea's traditional roots, such objectives have become the bases of the Shinbaram culture, characterized by the South Koreans' spontaneity, creativity, and optimism. In the process of a community's gradual improvement of its rules and procedures, the trust among the community members increases, and the "social capital" that guarantees the successful control of shared resources can be established (Ostrom, 2010). This basic ideal can help reduce the gap between large enterprises and SMEs, alleviating the South Koreans' victim mentality in the face of competition and the open-door policy, and creating crenovative corporate competitiveness. The win-win growth policy emerged for the purpose of addressing the polarization and imbalance structure resulting from the evolution of 21st-century capitalism. It simultaneously pursues efficiency and fairness on one hand and economic and community values on the other, and aims to foster efficient interaction between the market and the government. This policy, however, is also evolving. The win-win growth policy can be considered an extension of the win-win cooperation that the past 'Participatory Government' promoted at the enterprise management level to the level of systems and culture. Also, the ecosystemic development agendum that has recently emerged is a further extension that has been presented as a national ideal of "a new development model that promotes the co-advancement of environmental conservation, growth, economic development, social integration, and national and individual development."