• The Korean Society of Law and Medicine
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• v.20 no.3
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• pp.83-139
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• 2019

Recognition of liability for damages due to medical malpractice has been developed largely on the basis of two paths. First is the case where there is an error in a physician's medical practice and this infringes upon the legal interests of life and body, and the compensation for monetary and non-monetary damages incurred from such infringement on life and body becomes an issue. Second is the case where there is a breach of a physician's duty of explanation that results in a infringement on the patient's right of autonomous decision, and the compensation for non-monetary damages incurred from such infringement becomes an issue. However, even if there is a medical error, since it is difficult to prove the causation between the medical error of a physician and the infringement upon legal interests, the physician's responsibility for damage compensation is denied in some cases. Consider, for example, a case where a patient is already in the final stage of cancer and has a very low possibility of a complete recovery even if proper treatment is received from the physician. Here, it is not appropriate to refuse recognition of any damage compensation based on the reason that the possibility of the patient dying is very high even in the absence of a medical error. This is so because, at minimum, non-monetary damage such as psychological suffering is incurred due to the physician's medical error. In such a case, our courts recognize on an exceptional basis consolation money compensation for losing the chance to receive proper treatment. However, since the theoretical system has not been established in minutiae, what comes under the benefit and protection of the law is not clearly explicated. The recent discourse on compensating for damages incurred by patients, even when the causation between the physician's medical error and infringement upon the legal interests of life and body is denied, by establishing a new legal interest is based on the "legal principle of loss of opportunity for treatment." On what should be the substance of the new legal interest, treatment possibility argument, expectation infringement argument, considerable degree of survival possibility infringement argument and loss of opportunity for treatment argument are being put forth. It is reasonable to see the substance of this protected legal interest as "the benefit of receiving treatment appropriate to the medical standard" according to the loss of opportunity for treatment argument. The above benefit to the patient is a value inherent to human dignity that should not be infringed upon or obstructed by anyone, and at the same time, it is a basic desire regarding life and a benefit worthy of protection by law. In this regard, "the benefit of receiving treatment appropriate to the medical standard" can be made concrete as one of the general personal rights related to psychological legal interest.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.32 no.2
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• pp.1-11
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• 2014

This study aimed at investigating the content and meaning of royal garden(宮苑) sightseeing event in Pyoam Gang, sehwang's "Hogayugeumwongi" As the research method, descriptive research method was used, which is to consider and interpret the content and meaning in the historical records. Research results are summarized as follows. 1. "Hogayugeumwongi", which recorded the event that the King personally guided and explained the palace to the vassals, is a very precious historical records in Korean landscape gardening cultural history. Such thing is unprecedented in Joseon Dynasty as well as China. 2. The person who recorded this event was famous for shi seo hwa samjeol in the time, and the point that he was Pyoam, who was appreciated as 'the head(總帥) of artistic and literary circles(藝苑)', adds more value to the future generations. 3. The characteristic of this sightseeing event was to praise the vassals' labor, who contributed to the completion of Kyujanggak, to establish King Jongjo's direct rule in the early period of seizure of power, and eojin(御眞) dosa(圖寫), etc., which expressed the King's dignity. Jongjo utilized Geumwon, a forbidden place in the palace, to give a special privilege to the vassals' effort, who took a great part in realizing his political ideal. 4. One of sightseeing lines toward the backyard of Changdeok Palace could be identified. Though the sightseeing lines toward the backyard were not fixed, however this might be the best sightseeing line which Jongjo intentionally chose to enjoy that day's flavor of autumn. 5. The characteristic of this event was informal and somewhat extemporary 'sightseeing'. Therefore, it is considered, that day's event was relatively private and free 'play(遊)', while 'sanghwaeojoyeon(賞花漁釣宴)', which Jongjo gave to the vassals middle after his reign, was a royal 'banquet', which prepared frames, such as event holding time and form, qualification for participation, e.g. flower viewing, fishing, writing poems, etc. This research has a significance that it considered the content and meaning in historical records including the front and the rear context that "Hogayugeumwongi" was written through the consideration of related historical materials. "Hogayugeumwongi" can be utilized as a material for storytelling with regard to royal garden sightseeing in future as a valuable cultural content, also, follow-up study on this is necessary.

• Journal of Korean Historical Folklife
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• no.46
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• pp.195-237
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• 2014

Palsapum are ornaments to reveal the purpose of commander of three naval forces as well as symbols to remember the greatness of admiral Yi, Sun-Shin. In 1966, ther were designated as a treasure No. 440 based on their value; however, they have not received attention from academia because they are relics from China. This study compares and analyzes the document, paintings, and relevant references from Korea and China focusing on Palsapum, understands their formal characteristics, and examines their historical value such as years and location of creation. As a result, the study determines five of them are original, but three of them were newly created by the later generations. The five, Dodogin (都督印, Commander's seal)·Yeongpae (令牌, Commander's tablet)·Gwido (鬼刀, Replica of the devil sword)·Chamdo (斬刀, Replica of the decapitation swor d)·and Gognapal (bugle) were created by Ming Dynasty before 1598, and delivered by the hands of General Chen Lin. The other three, Dokjeongi (督戰 旗, Battle flag)·Hongsoryeonggi (紅小令旗, Commander's flag)·and Namsoryeonggi (藍小令旗, Commander's flag), were created in 19th century by Joseon Dynasty. After analysis on the former relics, the study determines that they are not official relics with the dignity of Ming Dynasty but personal relics with regional characteristics; in other words, Palsamun are not the royal gifts from Emperor Shenzong to Admiral Yi, Sun-Shin. but personal momentoes left by General Chen Lin in the Tongjeyoung to celebrate the admiral. The names, variety, numbers, and appurtenances of Palsapum have been changed with time as follows. First, the scholars of Jeseon in 17the century only focused on Dodogin. It was certainly created in Ming Dynasty; however, it was a personal stamp, so considered to be not from the emperor but from General Chen Lin. Second, Palsapum was called Palsamul and consisted of 14 pieces of 8 kinds in 18the century, ; it is confirmed on the 「Dosul(圖說, stories with pictures of」 『Yi Chungmugong Literary Collection』 The sizes of five relics including Dodogin are similar to the records, but their patterns and shapes are exotic, or cannot be found in Joseon. Thus, they reflect the regional characteristics of Guangdong province. Third, they were called Palsapum, and consisted on 15 pieces of 8 kinds in 19th century; it is confirmed on , a sixteen-fold folding screen drawn by Shin, Gwan-Ho in 1861. The stamp box, tablet bag, and three flags were newly created to engrave Joseon style letters and patterns on damageable materials such as leather and cloth. The relics easy to be destroyed have been renewed even after 19th century. Last, there are many misunderstandings about Palsapum by governmental indifference and improper management of records even though they were designated as a treasure in very early times. Thus, authorities should be concerned with Palsapum to provide the measures for stable maintenance of the relics; this will let people remember not only the history of cooperation between Korea and China to stop the Japanese ambition, but also Admiral Yi, Sun-Shin and General Chen Lin to bring victory in Japanese invasions of Korea.

• Korean Journal of Heritage: History & Science
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• v.46 no.2
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• pp.186-205
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• 2013

${\ll}$Three Purities Album${\gg}$ in the Kansong Art Museum is an album of poems and pictures of apricot tree, orchids and bamboos drawn by Lee Jeong. Given that the poems and pictures in the album were drawn by Lee Jeong who has been recognized as a person who established the standards of ink bamboo drawings in the Joseon Dynasty, the album is highly valuable. Nevertheless, there are more values and meanings that Three Purities Album has. The production circumstances and transmission processes of Three Purities Album include the historical characteristics and meanings of the time so that it is also worthwhile as a historical material. During the Japanese Invasion of Korea in 1592, Lee Jeong was stabbed with a sword by Japanese invaders and got injured. After he suffered, he tried to make his masterpiece in his lifework and finally created Three Purities Album. For the work, Lee Jeong received memorial writings from Choi Rip, Cha Cheon-ro and Han Ho, and asked them writings. They were the best literary men in the poem and calligraphy fields at that time. Yu Geun, Lee An-nul, and Yu Mong-in made writings and poems to praise his work. Likewise, ${\ll}$Three Purities Album${\gg}$ is the 'treasure of the time' created through the participation of the best literary men at that time. Given the aspects, it is fair to say that ${\ll}$Three Purities Album${\gg}$ is not simply a personal artwork of Lee Jeong, but is a comprehensive artwork and also a cultural monument created through the skills and capabilities of the literary artists in the middle of the Joseon Dynasty. After the death of Lee Jeong, Three Purities Album was handed over to Hong Ju-won. But, during the second Manchu Invasion into Korea in 1636, the album was in danger of disappearance by fire. As of now, there are still signs of fire in it, which vividly shows the urgent situation at that time. After the second Manchu Invasion into Korea in 1636, Hong Ju-won recovered some damaged writings with the help of Yoon Shin-ji. Since then, the album had been handed down as a family treasure over the next 7 generations. It can be found in the writings by Song Si-yeol and Uh Yu-bong. Unlike the literary men who praised Three Purities Album in terms of its work when Lee Joeng was alive, they focused on the transmission courses of the album and involved persons. That seems to be because the stories and characters appearing in Three Purities Album impressed the later literary men and were meaningful to them rather than the album itself. It strongly reflected the positions of Hong Jung-gi and Hung Sang-han who asked for writings as the descendants of Hong Ju-won. That is because the traces of the persons involved in Three Purities Album are the causes for admiring their ancestors and enhancing their political legitimacy and family dignity. Therefore, in this aspect, it is possible to witness the fundamental causes of the unique artistic awareness by East Asian people who consider their historical meanings as well as the aesthetic value of artworks significant. Unfortunately, during the Japanese invasion at the end of the Joseon Dynasty, Three Purities Album was handed over to Japanese Tzuboikouso. But, fortunately, Jeon Hyeong-pil who made an effort to regain our cultural assets by investing his entire property during the Japanese Imperialism regained the album, which is now preserved in the Kansong Art Museum. ${\ll}$Three Purities Album${\gg}$ truly includes the whole processes to overcome national crises that Korean people experienced during the Japanese Invasion in 1592, the second Manchu Invasion of Korea in 1636, and the Japanese Imperialism, and it shows the sufferings of our cultural assets and the history of preservation. Also, the album shows that one artwork is able to accumulate its historical meanings in the process of transmission and thus enhances its meanings and values. ${\ll}$Three Purities Album${\gg}$ features accumulative and constant historical meanings and it is a typical case showing that an artwork is plenty of aesthetic and historical values. It is expected that this work will contribute to promoting more studies on finding historical meanings and hysteresis of artworks.