• Journal of the Korean Orthopaedic Association
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• v.55 no.5
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• pp.366-373
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• 2020

The task of defining the concept of 'disability' has proven to be surprisingly difficult. The way disability is assessed in the world suggests that very different conceptions of disability are being presumed. It is very hard to suggest appropriate criteria for assessing a disability that accurately demonstrates the presence and measures the severity of the disability, with proven consistency and validity provided by the assessors consuming the time and cost that the society can afford. When a rigorous framework in disability assessment procedures is used, discretion is then considerably restricted. Limited discretion tends to produce more consistency and validity in the assessment but at the cost of ignoring the individual differences or exceptional circumstances. The disability approach among the categories of the disability assessment is both the oldest and the most commonly used strategy of disability assessment around the world. Most of the criteria of disability assessment in Korea belongs to this. The McBride's criteria for disability evaluations can be used to obtain the ratio of body impairment and work disability without spending too much time and is being applied in court. Nevertheless, there are many errors and controversies, and corrections are required. On the other hand, an improvement plan for a disability evaluation method in Korea is to supplement and use the McBride's disability assessment method, which is currently the most widely used. This review article describes the conception of disability and the assessment of disability, and introduces the models of the assessment of disability to determine if the application of the McBride's criteria of disability evaluation can be justified.

• The Korean Society of Law and Medicine
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• v.22 no.3
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• pp.3-30
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• 2021

Reasons for disqualification to restrict a medical person's license should be considered in functional and moral terms. In this sense, the grounds for disqualification of medical personnel should be expanded to include all crimes that have been declared to be "imprisonment without labor or greater punishment" by a court. Because a sentence of "imprisonment without labor or greater punishment" means that it is highly reprehensible and undermines the trust of the state as well as the trust in medical personnel. Therefore, the expansion of the scope of license restrictions for medical personnel cannot be regarded as a violation of "the Less Restrictive Alternative" rule. However, it is necessary to reflect the specificity of medical services in the license restrictions of medical personnel. This is because not all diseases can be treated with current medical services. In addition, unpredictable situations can occur at any time during medical practice. Consequently, the negligence that occurs during medical practice should be carefully examined from a functional perspective of the medical personnel. And it should be treated differently from ordinary crimes. To this end, an independent license review organization should be established to establish expertise in license management.

• The Korean Society of Law and Medicine
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• v.23 no.1
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• pp.3-33
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• 2022

In relation to telemedicine in Korea's medical law, there are Articles 17, 17-2, and 34 of the Medical Act. Since 'direct examination' in Articles 17 and 17-2 of the Medical Act can be interpreted as 'self-examination' rather than 'face-to-face examination', it is difficult to see the above regulation as a regulation prohibiting telemedicine. Prohibiting telemedicine only with the concept of medical examination or the 'principle of face-to-face treatment' is against the principle of "nulla poena sine lege"(the principle of legality). However, in order to qualify as 'examination', it must be faithful enough to replace face-to-face examination, so issuing a medical certificate or prescription after a poor examination over the phone is considered a violation of the Medical Act. In that respect, the above regulation can be said to be a regulation that indirectly limits telemedicine. On the other hand, most lawyers interpret that telemedicine between medical personnel and patients is completely prohibited based on Article 34, and the Supreme Court recently ruled that such telemedicine is not permitted even if there is a patient's request. However, this interpretation is not only far from the legislative intention at the time when telemedicine regulations were introduced into the Medical Act of 2002, but also does not match the needs of reality or the legislative trend of foreign countries. The reason is that telemedicine regulations are erroneously legislated. The premise of the legislation is wrong, and there are considerable problems in the form and content of the legislation. As a result, contrary to the original legislative intent, telemedicine was completely banned. In foreign countries, it is difficult to find cases where telemedicine is completely banned and criminal punishment is imposed for it. In order to fundamentally solve the problem of telemedicine, Article 34 of the Medical Act needs to be deleted.

• The Journal of the Korea Contents Association
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• v.22 no.3
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• pp.538-546
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• 2022

For the recent 5 years, the trends showed that the child abuses by parents was declined while that by child care teachers and principals, employees in child welfare institution was increased. In particular, significant increase of child abuses by child care teachers and principals should be paid attention more than the abuse by the others. The government had already enacted the Act on Punishment against Child Abuses in 2014 to respond and prevent from child abuses strongly. However, as the cases of child abuses continued, questions were raised on the effectiveness of the regulation or whether the court performed well to play a role to punish the assailants of child abuses by amended regulations was suspected. This study is aimed to review the application cases of the Act on Punishment against Child Abuses through the precedents of child abuses in child care centers and to analyze how the punishments to assailants have been changed compared to application of Child Welfare Act. This study has the meaning to grasp the incompleteness of legal application on the child abuse cases and provide the basic data to improve the legal and system.

• Journal of Korea Trade
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• v.24 no.2
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• pp.31-52
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• 2020

Purpose - This study mainly investigates two potential legal regimes expected to govern the use of electronic bills of lading: the Rotterdam Rules (2009) and the UNCITRAL Model Law on Electronic Transferable Records (2017). Widespread use of electronic bills of lading has been unsuccessful partly due to the absence of a uniform legal regime and protracted uncertainties. This paper aims to carry out an assessment of the possibilities where either of two potential legal regimes could provide certainty to the effect and validity of the use of electronic bills of lading, and contribute to the facilitation of electronically transferring the rights to goods carried by sea. Design/methodology - This paper first introduces two legal instruments and the relevance to electronic bills of lading. Since neither of these legal instruments has yet entered into force, the following section looks into the ratification or enactment possibilities based on a literature review and track records of the past legal regimes of the same kind. Assessment of the different adoption possibilities further requires comparative work of the two legal instruments, which will be based on an analysis of relevant provisions and a literature review. The literature review on the Rotterdam Rules delves into various studies and data produced since the UNCITRAL's adoption in 2009. The literature review on the UNCITRAL Model Law on Electronic Transferable Records heavily relies on UNCITRAL working group documents from 2011 to 2017 together with the final explanatory note. Findings - The main findings can be summarized as follows. Application of the Rotterdam Rules would negate the role of the UNCITRAL Model Law on Electronic Transferable Records assisting in the implementation of the Rotterdam Rules due to some conflicting issues. Enactment of the UNCITRAL Model Law alone can sufficiently provide a higher level of certainty in the use and effect of electronic bills of lading so long as lawmakers and parties are aware of some issues with the application. What concerns potential users most is the extension of the status quo, where neither of the legal instruments have any effect. It is necessary to take a number of alternatives into consideration, such as promotion of standard clauses and confirmation by a court ruling. Originality/value - Existing studies focus either on the Rotterdam Rules or on the UNCITRAL Model Law, but not both. Not many papers have yet dealt with the Model Law, which was adopted by UNCITRAL only 2 years ago, particularly in the context of a potential legal regime for electronic bills of lading. This paper attempts to introduce the differences between the two legal instruments in regulating the use of electronic bills of lading while providing an assessment of the various possibilities for which parties involved in international trade can be better prepared for the changing legal environment.

• Journal of Daesoon Thought and the Religions of East Asia
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• v.1 no.2
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• pp.41-59
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• 2022

Caodaism is a new religion from Vietnam which began in late 1925 and spread rapidly across the French colony of Indochina. With a broad syncretic aim, the new faith sought to revivify Vietnamese religious traditions whilst also incorporating religious, literary, and spiritist influences from France. Like Catholicism, Caodaism kept a strong focus on its monotheistic nature and today Caodaists are eager to label their religion a monotheism. It will be argued here, however, that the syncretic nature of this new faith complicates this claim to a significant degree. To make this argument, we will consider here the nature of God in Caodaism through two central texts from two important stages in the life of the religion. The first is the canonized Compilation of Divine Messages which collects a range of spirit messages from God and some other divine voices. These were received in the early years of the faith. The second is a collection of sermons from 1948/9 that takes Caodaist believers on a tour of heaven, and which is entitled The Divine Path to Eternal Life. It will be shown that in the first text, God speaks in the mode of a fully omnipotent and omniscient supreme being. In the second text, however, we are given a view of paradise that is much more akin to the court of a Jade Emperor within an East Asian milieu. In these realms, the personalities of other beings and redemptive mechanisms claim much of our attention, and seem to be a competing center of power to that of God. Furthermore, God's consort, the Divine Mother, takes on a range of sacred creative prerogatives that do something similar. Additionally, cadres of celestial administrators; buddhas, immortals, and saints help with the operation of a cosmos which spins on with guidance from its own laws. These laws form sacred mechanisms, such as cycles of reincarnation and judgement. These operate not in the purview of God, but as part of the very nature of the cosmos itself. In this context, the dualistic, polytheistic, and even automatic nature of Caodaism's cosmos will be considered in terms of the way in which they complicate this religion's monotheistic claims. To conclude, this article seeks to demonstrate the precise relevance of the term 'monotheism' for this religion.

• Journal of Korea Entertainment Industry Association
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• v.15 no.8
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• pp.315-325
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• 2021

Yeonjae(淵齋) Song Byeong-seon(宋秉璿, 1836-1905) was the ninth-generation descendant of Uam (尤庵) Song Si-yeol (宋時烈). During his lifetime, he gained the trust of Yu-rim(儒林) and was called to the court several times. However, he eventually refused an official] post and spent his life cultivating his studies in the wild. When the Eulsa Treaty(乙巳條約) was signed on November 17, Yeonjae pleaded with King Gojong about the abolition of the treaty. And on the morning of December 30, Yeon-jae committed suicide at his old house in Hoedeok(懷德). At this time, Yeon-jae sent the final appeal to the king, leaving a message to the king, the people, and Yu-rim about the restoration of national sovereignty, fulfilling his duties as a leader of Sarim(士林). After that, in 1962, Yeonjae was awarded the Order of Independence Medal of National Founding. Song Byeong-seon's excursions took place throughout his life. 22 long and short travelogues are existed today. The excursions were mainly done by land, so most of them rode horses or mules. He sometimes used floats or kilns. But he sometimes knew how to use the waterways effectively. This is because in some travel reports, routes using inland waterways and sea routes appear. The journey of the series continues all the way to finding the relics of his ancestors. In this process, it is clear that he reaffirmed its mission of succession to the family and promised to be a part of the brilliant feat of the ancestors. In addition, the reading of the scriptures and Neo-Confucian discussion were added to the excursions. His excursions continued as a means of publicizing and expanding the Neo-Confucian worldview. Thus, Yeonjae inherited the spirit of John Wangyangi(尊王攘夷) left by his ancestors, and finally raised the banner of Wijeongcheoksa(衛正斥邪) high. And he resolutely set out on the road to death for the country.

• The Journal of the Convergence on Culture Technology
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• v.8 no.6
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• pp.515-522
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• 2022

This study analyzed the child protection system in Germany from a preventive perspective and attempts to find the applicable implications to Korea. The research method was analyzed in terms of legal, policy and professionalism. The result is as follows. First, Child and Youth Support Act in Germany stipulated a preventive support system to restore the function of the family. Second, according to the Civil Act, it was stipulated that the family court could intervene early. Third, the federal Child Protection Act stipulated community cooperation for thd child protection system. Fourth, the Youth Agency as the general authority made it possible to provide preventive support and intervention at the same time. Firth, qualification standards were specified in the Child and Youth Support Act. Child protection specialists are granted to public officials who have worked for more than three years. The implications are as follows. First, the child protection system, which operates as a child abuse reporting system, should be expanded to a preventive support system. Second, it is necessary to expand monitoring by establishing an early warning system between networks in order to establish a support system for potentially at-risk children. Third, local governments should support children and parents flexibly and comprehensively for dysfunction caused by difficulties at home. Fourth, it is necessary to enact the Child Protection System Cooperation Act for a network cooperation system.

• Journal of Ginseng Culture
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• v.5
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• pp.21-31
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• 2023

Korean ginseng, a special product of Korea, has been one of the most important exports since the era of the Three Kingdoms. However, not many records were kept about ginseng in Korea until the Goryeo Dynasty. This paper summarizes the records relating to international diplomatic relations and trade of ginseng in the Goryeo Dynasty and the medicinal books known to have been published at the time. During the Goryeo Dynasty, ginseng was actively transported to the neighboring countries of Bohai, Song, Wa, Later Jin, and Yuan as a diplomatic gift or as a trade item. Ginseng was mainly exported from Goryeo to these countries, but it was also received as a diplomatic gift from Bohai and Khitan. Arabian merchants came to Byeokran Port, a representative international trading port of Goryeo, and traded ginseng. After the Mongol invasion, the demand for ginseng in the Yuan Dynasty was excessive, which became a big social problem. During the Goryeo Dynasty, several medicinal books were published, including Jejungiphyobang, Eouuichwalyobang, Hyangyakgobang, Samhwajahyangyakbang, Hyangyak Hyemin Gyeongheombang, Hyangyak Gugeupbang, and Biyebaekyobang. Hyangyak Gugeupbang, which was reprinted during the Joseon Dynasty, has been handed down to the present time, although this has not been the case for the originals of the remaining books. Recently, some of the latter books have been restored through the study of the references in various medicinal books of later generations. While the medicinal books used in the royal court showed that a high proportion of the prescriptions containing ginseng, not a single prescription for ginseng has been found in theHyangyak Gugeupbang, which was mainly used for commoners. This is thought to be because ginseng was very rare and expensive at the time, so it was difficult for commoners to access it.

• The Korean Society of Law and Medicine
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• v.24 no.2
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• pp.3-31
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• 2023

Der Begriff der Heilkundeausübung ist im positiven Recht in Korea nirgends festgelegt. Der wurde jedoch indirekt durch die Auslegung der Heilkundeausübung ohne Erlaubnis gemäß § 27 Abs. 1 des "Medizingesetzes" geregelt. In der Vergangenheit beschränkte der kOGH(the Supreme Court of Korea) die Heilkundeausübung auf die "Behandlung von Krankheiten und stellte fest, dass "medizinische und technische Maßnahmen, die keine pathologischen Symptome oder Funktionsdefizite im Körper voraussetzen, nicht zur Heilkundeausübung gehören." Danach änderte der kOGH seine Rechtsprechung auf "Vorbeugung oder Behandlung von Krankheiten durch Durchführung ärztlicher Untersuchungen, Optometrie, Verschreibung, Medikation oder chirurgischer Eingriffe auf der Grundlage von Erfahrung und Fähigkeiten, die auf medizinischem Fachwissen basieren, und anderer Gesundheitsfürsorge, definiert "medizinische Maßnahmen" als "eine Handlung, die eine gesundheitliche Gefahr darstellen kann, sofern diese nicht von einem Mediziner durchgeführt wird". Der Begriff der Heilkundeausübung in der Rechtsprechung ist einerseits zu abstrakt und kann eine Leerformel sein, andererseits kann seine Einschränkung eine Gefahr für die öffentliche Gesundheit erbringen. Daher besteht Bedarf an einem Kriterium, das dar derzeitige Begriff der Heilkundeausübung entsprechend dem gesetzgeberischen Ziel reduzieren kann, das Risiko für das Leben, den Körper oder die öffentliche Gesundheit von Menschen zu verhindern, das durch die Durchführung medizinischer Arbeiten durch nichtmedizinisches Personal entstehen kann. Um ein Kriterium vorzustellen, das das aktuelle Konzept der Heilkundeausübung reduzieren kann, werden in diesem Artikel das positive Recht, Theorien und Rechtsprechung zum Begriff der Heilkundeausübung in Deutschland untersucht und nach einer Alternative gesucht.