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Retrospect and Prospect of Medical Law 20th Anniversary (Medical Criminal Law) (의료법학 20주년 회고와 전망(의료형법 분야))

  • Ha, Tae Hoon
    • The Korean Society of Law and Medicine
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    • v.20 no.3
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    • pp.47-79
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    • 2019
  • The Korean Society of Law and Medicine has faithfully played the role of professional academic organizations last 20 years in terms of academic activities, accumulated achievements, diversity, professionalism, and influence on academic circles. The Korean Society of Law and Medicine and the Journal of Medical Law serve as a platform for academic information and exchange of opinions on medical law. Medical law began in the midst of increasing conflicts and disputes caused by medical malpractice and the enactment and legal coercion of medical care as pressure on medical workers. It tried to find a way to coexist with each other through the encounter and convergence of medicine and law. Medical criminal law extends from traditional crimes in the realm of life and body protection to bioethics violations caused by the development of biomedical technology, corruption and economic crime in the medical field. Medical law has evolved into a comprehensive legal area dealing with legal issues raised in medical treatment, healthcare, bioethics, and life sciences technology. On the legal side, medical law is not independent legal areas. It is overlapping with traditional law areas such as civil law, administrative law, criminal law, social law, civil and criminal procedure law. However, it is now established as a convergence study in medicine, bioethics, life science, as well as in various fields of law. It has become an area where collaboration is needed with the field of law, medicine, ethics, sociology and economics. Medical criminal law has undergone a dynamic development over the last two decades. The development of medicine and medical technology provides new and innovative methods of diagnosis and treatment. The achievements and risks of revolutionary developments in biotechnology, genetic engineering and medicine coexist. While there is a dazzling achievement that mankind has hoped for: combating disease and improving health, it also creates unwanted side effects and risks to humans. There is a need to reconsider ethical and legal principles. The discovery and development of patient identity and autonomy has changed the medical doctor-patient relationship. Furthermore, it was complicated by the triangle relationship of patients, medical doctors and insurance. Legal matters are also complicated. This is why the necessity of legislation is emerging. Criminal punishment provisions are also required. The Medical Law and Biomedical Law are systematically and coherently deformed as mosaic-based legislation that takes place whenever there are social issues, citizens' needs, and medical organizations' interests, rather than sufficient enactment and revision procedures. It needs a complete overhaul, and this is possible through interdisciplinary collaboration which is the strength of The Korean Society of Law and Medicine.

Whether to put on Criminal convictions on the medical examination records prepared by medical personnels - Sentenced by November 24, 2005, by The Supreme Court, Precedent case no. 2002DO4758 - (의료인의 진료기록부 등 허위작성시 형사처벌 가부 - 대법원 2005. 11. 24. 선고 2002도4758 판결 -)

  • Park, Kyong-Chun
    • The Korean Society of Law and Medicine
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    • v.8 no.1
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    • pp.107-135
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    • 2007
  • In preparation of the medical examination records, the failure to correctly write the taken medical behaviors on the medical examination records, is subject to criminal conviction due to the breach of the Article 21-1. The false or overstated writings on the medical examination records is subject to the same punishment due to the Article 21-1, which $\underline{additionally}$ may lead to the administrative measures such as the suspension of license according to Article 53-1. The interpretation is considered as proper in light of the function of the medical examination records, hazard to the patients, and the doctors' ethics. In light of the attitude of The Supreme Court for the preparation obligation of the medical examination records specified in the medical law Article 21-1(Purport : The doctors may continue to use their opinions on the patient's status and treatment process on the medical examination records, may provide the proper information to other medical staff, and ought to specify the details enough to decide the appropriateness of such medical behaviors after the recent treatment.), the false writings of the doctors on the medical examination records of the non-treated patient as faithfully treated one during the entire period before the present hospitalization, will be regarded as the fulfillment obligation of the preparation of the medical examination records in the medical law Article 21-1.

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The Photography as Technological Aesthetics (데크놀로지 미학으로서의 사진)

  • Jin, Dong-Sun
    • Journal of Science of Art and Design
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    • v.11
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    • pp.221-249
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    • 2007
  • Today, photography is facing to the crisis of identity and dilemma of ontology from the digital imaging process in the new technology form. It is very important points to say rethinking of the traditional photographic medium, that has changed the way we view the world and ourselves is perhaps an understatement and that photography has transformed our essential understanding of reality. Now, no longer are photographic images regarded as the true automatic recording, innocent evidence and the mirror to the reality. Rather, photography constructs the world for our entertainment, helping to create the comforting illusions by which we live. The recognition that photographs are not constructions and reflections of reality, is the basis for the actual presence within the contemporary photographic world. It is shock. This thesis's aim is to look for the problems of photographic identity and ontological crisis that is controlling and regulating digital photographic imagery, allowing the reproduction of the electronic simulations era. Photography loses its special aesthetic status and becomes no more true information and, exclusively evidence by traditional film and paper that appeared both as a technological accuracy and as a medium-specific aesthetic. The result, photography is facing two crises, one is the photographic ontology(the introduction of computerized digital images) and the other is photographic epistemology(having to do broader changes in ethics, knowledge and culture). Taken together, these crises apparently threaten us with the death of photography, with the 'end' of photography and the culture it sustains. The thesis's meaning is to look into the dilemma of photography's ontology and epistemology, especially, automatical index and digital codes from its origin, meaning, and identity as the technological medium. Thus, in particular, thesis focuses on the analog imagery presence, from the nature in the material world, and the digital imagery presence from the cultural situations in our society. And also thesis's aim is to examine the main issues of the history of photography has been concentrated on the ontological arguments since the discovery of photography in 1839. Photography has never been only one static technology form. Rather, its nearly two centuries of technological development have been marked by numerous, competing of technological innovation and self revolution from the dual aspects. This thesis examines recent account of photography by the analysis of the medium's concept, meaning, identity between film base image and digital base image from the aspects of photographic ontology and epistemology. Thus, the structure of thesis is fairy straightforward to examine what appear to be two opposing view of photographic conditions and ontological situations. Thesis' view contrasts that figure out the value of photography according to its fundamental characteristic as a medium. Also, it seeks a possible solution to the dilemma of photographic ontology through the medium's origin from the early years of the nineteenth century to the raising questions about the different meaning(analog/digital) of photography, now. Finally, this thesis emphasizes and concludes that the photographic ontological crisis reflects to the paradoxical dynamic structure, that unsolved the origins of the medium, itself. Moreover, even photography is not single identity of the photographic ontology, and also can not be understood as having a static identity or singular status from the dynamic field of technologies, practices, and images.

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The Landscape Configuration and Semantic Landscape of Hamheo-pavilion in Gokseong (곡성 함허정(涵虛亭)의 경관짜임과 의미경관)

  • Lee, Hyun-Woo;Sim, Woo-Kyung;Rho, Jae-Hyun;Shin, Sang-Sup
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.33 no.1
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    • pp.52-64
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    • 2015
  • This research traced the characteristics of the semantic landscape, construction intent, landscape composition, and geomantic conditions of the area subject to the research based on the research methods of 'field investigation, document studies, and interviews,' centering around the entire area of Gokseong Hamheo-pavilion (Jeonnam Tangible Cultural Assets No. 160). The result of the research, specifically revealing the forms and methods by which the reciprocal view of nature and landscape composition appearing in the landscape of the entire area of Hamheo-pavilion, as part of the analysis and interpretation over the view-based construction characteristics and position of the entire area of Gokseong Hamheo-pavilion, can be summarized as follows. First, Hamheo-pavilion is a pavilion built as a resting area and as a venue for educational activities in 1543 in the nearby areas after Gwang-hyeon Sim founded Gunjichon-jeongsa for educational activities and dwelling purposes at Gunchon at the 30th year of King Jungjong. Gunchon, where Hamheo-pavilion and Gunjichon-jeongsa is located, exhibits the typical form having water in the front, facing Sunja-river(present Seomjin-river), and a mountain in the back side. Dongak-mountain, which is a guardian mountain, is in a snail-type form where cows leisurely ruminate and lie on the riverside, and the Hamheo-pavilion area is said to be an area bordering on one's way of enjoying peace and richness as it is a place with plentiful grass bushes available for cows to ruminate and lie down while sheppards may leisurely play their flutes at the riverside. The back hill of Hamheo-pavilion is a blood vessel that enters the water into the underwater palace of the turtle, and the building sitting on the turtle's back is Hamheo-pavilion, and the Guam-jodae(龜巖釣臺) and lava on the southern side below the cliff can be interpreted to be the underwater fairly land wanted by the turtle.6) Second, Hamheo-pavilion is the scenery viewpoint of Sungang-Cheongpung (3rd Scenery) and Seolsan-Nakjo(雪山落照, 9th Scenery) among the eight sceneries of Gokseong, while also the scenery viewpoint of Hamheo-Sunja(2nd Scenery) and Cheonma-Gwiam(天馬歸岩, 3rd Scenery) among the eight sceneries of Ipmyeon. On the other hand, the pavilion is reproduced through the aesthetics of bends through sensible penetration and transcendental landscape viewed based on the Confucian-topos and ethics as the four bends among the five bends of Sunja-river arranged in the 'Santaegeuk(山太極) and Sutaeguek(水太極, formation of the yin-yang symbol by the mountain and water)' form, which is alike the connection of yin and yang. In particular, when based on the description over Mujinjeong (3rd Bend), Hoyeonjeong(4th Bend), andHapgangjeong(2nd Bend) among the five bends of Sunja-river in the records of Bibyeonsainbangan-jido(duringthe 18th century) and Okgwahyeonji(1788), the scenery of the five bends of Sunja-river allow to glimpse into its reputation as an attraction-type connected scenery in the latter period of the Joseon era, instead of only being perceived of its place identity embracing the fairyland world by crossing in and out of the world of this world and nirvana. Third, Hamheo-pavilion, which exhibits exquisite aesthetics of vacancy, is where the 'forest landscape composed of old big trees such as oak trees, oriental oak trees, and pine trees,' 'rock landscape such as Guam-jodae, lava, and layered rocks' and 'cultural landscape of Gunchon village' is spread close by. In the middle, it has a mountain scenery composed of Sunja-river, Masan-peak, and Gori-peak, and it is a place where the scenery by Gori-peak, Masan-peak, Mudeung-mountain, and Seol-mountain is spread and open in $180^{\circ}$ from the east to west. Mangseo-jae, the sarangchae (men's room)of Gunjichon-jeongsa, means a 'house observing Seoseok-mountain,' which has realized the diverse view-oriented intent, such as by allowing to look up Seol-mountain or Mudeung-mountain, which are back mountains behind the front mountain, through landscape configuration. Fourth, the private home, place for educational activities, pavilion, memorial room, and graveyard of Gunji-village, where the existence and ideal is connected, is a semantic connected scenery relating to the life cycle of the gentry linking 'formation - abundance - transcendence - regression.' In particular, based on the fact that the descriptions over reciprocal views of nature regarding an easy and comfortable life and appreciations for a picturesque scene of the areas nearby Sunja-river composes most of the poetic phrases relating to Hamheo-pavilion, it can be known that Hamheo-pavilion is expressed as the key to the idea of 'understanding how to be satisfied while maintaining one's positon with a comfortable mind' and 'returning to nature,' while also being expressed of its pedantic character as a place for reclusion for training one's mind and training others through metaphysical semantic scenery.