• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.41 no.3
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• pp.13-26
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• 2023

Landscapes and gardens have emerged as an important medium of practice in contemporary cities. Among them, this paper examines the city through the frame of gardens. This is because gardens are being reconceptualized as a medium of activity for urban residents and have become an important subject of action in urban regeneration and the creation of urban villages. From this perspective, this paper examines and proposes an "integrated garden city theory" as a landscape theory suitable for the contemporary era by focusing on the urban structure and the behavior of urban residents through the medium of gardens, as well as the process and results. This is both a process and a result of looking back at the evolution of landscape for over a century and rethinking the identity of landscape. We first examined garden city theory, noting that Ebenezer Howard and Frederick Law Olmsted's positions on the relationship between gardens and cities were not so different, and that "working and responsive landscapes" were fundamental to cities and the beginning of landscape theory. We also examine how their ideals have not been fully realized in cities over the past century, but the prototype of gardens based on traditional garden culture is now being formed in East Asian cities, and the evolution of landscape theory in response. The conclusion is that a new version of the garden concept should be reestablished as a living infrastructure in our cities, and a new garden city theory is needed to make it work. To this end, each chapter examines three arguments, as follows First, the values of gardens and East Asian garden cultures in contemporary cities are shaped by the themes of community and integrity. Second, Korean communality, represented by apartments, is expressed through gardening and requires the reconciliation of city and life and the role of landscape architecture as a specialized field to support it. Third, we examine and consider an integrated garden city theory as a theory of practice in which city-based, everyday life, and garden mediums, i.e., city, life, and garden, are organic, based on an oriental view of nature. As a result, it is confirmed that contemporary gardens and cities are looking for important elements and values that still need to be rediscovered in East Asian landscape and garden cultures. Although the proposal of an integrated garden city theory cannot guarantee the continuation of landscaping, it can be an opportunity for all fields related to cities, not just landscaping, to collaborate and consider garden cities. Through this, it is hoped that "the concept of garden and city suitable for metropolitan or dense cities, ways to spread and support garden culture based on community, evolution of landscape theory/design theory suitable for lifestyle and terrain conditions, search for sustainable/resilient garden city theory that can respond to climate change, and establishing a new role for landscape in the 21st century" will be seriously considered.

• The Journal of Dong Guk Oriental Medicine
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• v.1
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• pp.161-191
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• 1992

The purpose of this study is how have the form and theory of the five element theory in the (黃帝內徑) by the investigation of the course of the course of the five element introduced the ancient oriental medicine from ancient oriental philosophy. The following results were obtained. 1. The five elements in (尙書) meaned the uses of water, fire, earth, wood, metal which were important in living. Because these had very important meaning in ancient political and economic society, emphasized to big law(洪範) 2. The five elements in (左傳) and (國語) mean the five uses too, and there are the phases of "five win metal"(火勝金) and "wather win fire"(水勝火), but these only meaned the physical interrelation. 3. In the five circulating factor theory made by Chu Yen(鄒衍) which have the attribute of the five elements, he more reasonably had argued human affairs like that a dynasty become different in step with the circulating five favors. There is the regular annual policy in the (呂氏春秋) which closely connected nature and human living, and attached the various colors, animals, visceras, flavors, sounds, the sexagenary cycle and so on to the five elements. 4. In the (春秋繁露) writed in fore-period of Han(漢) dynasty, the interactions of the five elements are concretely applicated to policy, Dong Jung Soe(童仲舒) had discrived the interactions of the five elements by Dong Lyu Sang Dong theory(同類相動說) and the misfortune theory(災異說), emphasized the sympathy of nature and human. Thought there is many content which are superstitious and contradictory, I concider which that affcted many effects in the formation of five element theory of oriental medicine. In the (淮南子) the order of matters were explained by the five element theory too, as the interrelations of the five elements were explained by the sexagenary ctcle, I assume that the bud of O-Un theory(五運理論). And there was not founded the fullscale intriduction of the five element theory in the Ma Wang Tye(馬王堆) excavated finds, the Mu Yyi medical writings formed the dynasty(武威漢代醫簡) and the documents about Pyun Jak(偏鵲) and Sun U Ie(淳于意). 5. The application of the five element theory in the (Whang Di Nei Qing) (黃帝內徑) is devided into the attachement to the five elements, the interelations of the five elments, and Un Gi theery(運氣論). In the attachment to the five elemeant theory, it made the attachment of the five viseras of (今文尙書) party a standard and attached the sections of a human body, the whole internal organs of sense, the five colors, the five flavors and the five sounds and so on to the five elements. It put to use by means of the apllivation of the interrelation of the five elements in the transferations of the diseases and the relative severeness of a disease in step with change of time and season. Un Gi theory(運氣論) which synthesized by the attachment to the five elements, the inter-relations of the five elements and the climate which observerd from ancient times systematically argued the effects of weather to human. 6. The application of the five elements theory in (黃帝內徑) have the significant what had get rid of irrational factors like that the emotion and action of human could to influense the weather, what had been formes more rational thingking by the obesrvation of human and nature. It is required more reserches about the possibility of the formation of the doctrinal faction bt the geographical effect of the Yon, Je(燕,薺) region, the application of the five element theory in other ancient medical books and the relationship of the five element theory and Yin Yang(陰陽)

• Journal of Arbitration Studies
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• v.28 no.2
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• pp.3-43
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• 2018

The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

• The Korean Society of Law and Medicine
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• v.19 no.2
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• pp.139-171
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• 2018

The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

• Korean Journal of Environment and Ecology
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• v.31 no.3
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• pp.337-343
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• 2017

This study is going to contribute the activation of ecosystem services written in the 3rd National Basic Plan for Nature Conservation(2016~2025) in Korea. Meanwhile we considered the benefits that the nature has given to the humankind as free goods or services which we may consume traditionally without due payment therefore. But on account of the expansion of cities and expedition of development, as the carrying capacity of the nature has been breached, people have come to try to restore and enhance artificially such vulnerable capacity. It is necessary to compensate the opportunity cost which the land owners or occupiers have to pay for conservation and maintenance of natural capitals which yield the ecosystem services. Therefore the institutionalization of ecosystem services should be established that the consumers who enjoy such services should share the interest from enjoying services with the land owners or occupiers who produce the ecosystem services, under the legal system which will make it possible to connect the benefit sharing with the conservation of environment. However it is the first task that the present legal system could not realize the fair and equitable benefit sharing between the producers and consumers of ecosystem services. And the second task in such legal system is that the value of ecosystem services could not be fully considered in the process of development planning. According to the analysis of this study, the institutionalization of ecosystem services in the government side and the civilian side could be realized to somewhat extent, although not sufficient. Especially the transactions of ecosystem services through the private contract among stakeholder are possible in the course of development planning or without any relevancy to a development project. The final task in the institutionalization of ecosystem services is how to assess the ecosystem services and to value the economic benefits therefrom on the basis of what kinds of procedures relating to some development processes. To overcome such difficulties, it is necessary that the state, trend and change of ecosystem services confronting with a developing project should be assessed concretely at the threshold of development. It is possible to integrate the ecosystem services into the environmental impact assessment(IEA), not by way of the Act of IEA, but by way of the Decree thereof.

• Development and Reproduction
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• v.14 no.2
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• pp.143-154
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• 2010

This article analyzes two leading Korean cases which led to opposite conclusions: the Boramae Hospital Case (Korean Supreme Court 2002 Do 995) and the Shinchon Severance Hospital Case (Korean Supreme Court 2009 Da 17471). In doing so, it pays particular attention to the acceptance, modification, and rejection of paternalism, specifically 'physician paternalism' and 'familial paternalism', both of which have long and strongly influenced the Korean medical environment. In Boramae Hospital, the Court emphasized the obligation of the physician in terms of the life of the patient (eg: protecting and preserving the life and welfare of the patient). Its position seemed to be based on the traditional physician paternalism which presupposes the ability of physicians to identify right and wrong choices according to natural laws. However, the Court saw itself as the final arbiter of who identifies and determines the real world content and consequences of that natural law. In short, the Court elevated itself to the supreme guardian of the patient, and held that its decision cannot be overruled by that of the patient's family. So without specifically referring to the importance of the family and the role of familial decisions, both long-observed traditions in medical decision-making in Korea, the Court shifted away from familial paternalism. In Shinchon Severance Hospital, the Court explained the meaning of the patient's powers of self-rulemore concretely, explaining its scope and substance in greater detail. The Court held that one can exercise the right of self-rule, even over issues such as death, in the form of 'previous medical directions'. However, this case does not represent a wholesale acceptance of medical autonomy (ie: it does not accept self-rule unconditionally). Rather, the Court accepted the importance of the opinions and decision of physicians and of the Hospital Ethics Commission, and the Court still retained to itself the authority to review and make alterations to 'material' decision. The Court did not overlook the importance of the decision of the patient's family, but it also did not relinquish its status as supreme guardian, emphasizing the 'objective' nature of a decision from the court.

• The Korean Journal of Air & Space Law and Policy
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• v.29 no.1
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• pp.199-236
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• 2014

This paper analyses from the perspective of distributive justice the legal mechanisms for international allocation of orbital slots, which are of co-owned nature and thereby limited natural resources in outer space. The allocative function is delegated to the International Telecommunication Union. The Radio Regulation, amongst such other legal instruments as the Constitution and Convention, by which the ITU and contracting States thereof abides, dictates how the orbital positions are distributed. Thus, the RR is thoroughly reviewed in the essay. The mechanisms are in a broad sense categorized into two systems: 'a posteriori system' where the 'first come, first served' principle prevails; and 'a priori system' designed to foster the utilisation of the slots by those who lack space resources and are, in especial, likely to be marginalised under the former system. The argument proceeds on the premise that a posteriori system places the under-resourced States in unfavourable positions in the securement of the slots. In contrast with this notion, seven factors were instantiated for an assertion that the degradation of the distributive justice derived from the 'first come, first served' rule, which lays the foundation for the system, could be either mitigated or counterbalanced by the alleged exceptions to the rule. However, the author of this essay argues for counterevidences against the factors and thereby demonstrating that the principle still remains as an overwhelming doctrine, posing a threat to the pursuit of fair allocation. The elements he set forth are as in the following: 1) that the 'first come, first served' principle only applies to assignments capable of causing harmful interferences; 2) the interoperability of the principle with the 'rule of conformity' with the all the ITU instruments; 3) the viability of alternative registrations, as an exception of the application of the principle, on the condition of provisional and informational purposes; 4) another reference that matters in deciding the priority: the types of services in the TFA; 5) the Rule of Procedure H40 proclaiming a ban on taking advantage of coming first to the Register; 6) the technical factors and equity-oriented norms under international and municipal laws along with; 7) the changes of 'basic characteristics' of registered assignments. The second half of this essay illustrates by examining the relevant Annexes to the Regulation that the planned allocation, i.e., a priori system, bear the structured flaws that hinder the fulfillment of the original purpose of the system. The Broadcasting and Fixed Satellite Systems are the reviewed Plans in which the 'first come, first served' principle re-emerges in the end as a determining factor to grant the 'right to international recognition' to administrations including those who has not the allotted portions in the Plan.

• Journal of Service Research and Studies
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• v.14 no.2
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• pp.37-47
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• 2024

Currently, social interest in post-cremation funerals is growing due to the establishment of cremation culture. In addition, as awareness of nature-friendly funeral methods spreads in modern times, the demand for tree burial grounds and tree groves, which are representative natural burial methods, is increasing. However, if the current method of relying on trees is used, the forest burial may damage the forest and turn it into another cemetery. The tree decoration is a funeral method that contains the temporal meaning of humans returning to the space of nature that we have, and the philosophical meaning that humans return in compliance with nature. Like this, there are quite a few concerns. Even though tree burials are not the traditional burial facilities we are familiar with, many of the facilities and operating systems adopt the standards of park cemeteries and have stricter standards and restrictions than natural burials under the law. This rigidity is intended to preserve the forest, but the reality is that it limits the expansion and operation of tree plantations. To this end, this study seeks to find specific improvement measures for sustainable tree plantation operation. To this end, we look at the types of natural fields in foreign countries and find directions for tree planting that can be effectively applied and established in accordance with the sentiments of the people. Specific improvement measures include an enshrinement method that does not rely on memorial trees, the operation of anonymous or anonymous tree planting, a change in the method of visiting and commemorating, and various mountaineering methods, thereby suggesting alternatives to sustainable tree planting in Korea. The place where tree planting is implemented is the forest, that is, the forest itself. I should be a place where the spirit of natural return, which is the essence of the deceased, can be celebrated through the forest, not a funeral facility. By doing so, it will be possible to provide the public value of the forest, that is, the social function of the forest, in the name of an eco-friendly funeral service.

• The Korean Society of Law and Medicine
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• v.24 no.1
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• pp.3-42
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• 2023

The Supreme Court en banc decision on December 12, 2022 (docket number 2016Do21314) ruled that the diagnosis of endometrial hyperplasia by an oriental medical doctor using a diagnostic ultrasound device was not an unlicensed medical practice for an oriental medical doctor, which shall be scrutinized by the article 27 (1) of the Korean Medical Service Act. This ruling did not determine that a specific medical practice, especially diagnosis, based on the radiology, which is a part of western medicine, was not an unlicensed medical practice for an oriental medical doctor. Rather, it intended to clarify that the prosecutor should specify and prove the way of diagnosis and he should not prosecute mere the use of a diagnostic ultrasound device itself. To that extent, the ruling is agreeable because, as the oriental medicine community has argued, there is no regulation prohibiting the use of certain devices. It is probable, however, that the way of diagnosis established in radiology, which is a part of western medicine, was actually used in the case. In that case, there is undeniably an unlicensed medical practice for an oriental medical doctor. While many of the cases where the demarcation between (western) medicine and oriental medicine have been problematized thus far have been experimental treatment in nature, the above practice of using ultrasound appears to be frequently done in many oriental clinics, and so it is necessary to cope with the possibility of a disguised unlicensed medical practice. Another problem is the prevention of unfair practice or the protection of medical consumers. In fact, many oriental medical clinics' practice appear to have a tendency of inducing medical consumers' misunderstanding that a diagnosis based on radiology, which is a part of western medicine, were provided. It is hard to respond to this problem with demarcation between (western) medicine and oriental medicine. A new regulation against unfair practice might be necessary to implement.

• Journal of Service Research and Studies
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• v.11 no.4
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• pp.1-20
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• 2021

This study was conducted to derive a model of the legal system that is the basis for realizing the service economy, political administration, and social education system. Based on the experience of mankind's legal system operation in the historical era for the past 5,000 years, a legal system model that will make the future human society sustainable has been established. The problems of the current legal system were analyzed at the fundamental level. The root cause of injustice and unfairness was analyzed and a new legal system was designed. Through the legal systems of various national societies that have been attempted in the history of mankind, the structure of the legal system that is desirable for the modern society was designed. Human society, which has experienced how much good legal system has been and is being abused by human irrationality and nonsense, needs to make an effort to change the legal system paradigm itself by learning lessons from failure. This study derives the basis for a legal system that can realize justice and a fair society in the long term. It proposed a model for improving the legal system that allows human society to be happy for a long time. To this end, the fundamental role of the legal system was analyzed at the ideological level and the problems of the current legal system were presented. In addition, the problem of fundamental assumptions about human nature was analyzed and improved assumptions were presented. The structural system of the current legal system was analyzed and a new structure was proposed. In addition, a plan for the operation of a new legal system based on a new structure was suggested. The new legal system was named servicism system. This is because it is a model centered on thorough checks and balances between all opponents, not a simple linear one-dimensional legal system, but a multidimensional legal system, and because it is a viewpoint that clearly recognizes both human reason and desire. The new system is a model that reflects the confrontation between the rule of law and the non-law rule and the confrontation between the power people and the general public. A follow-up study is needed on a concrete plan for transitioning from the current legal system to a new legal system.