CAPITULO III: LA MOTIVACION DE LAS RESOLUCIONES JUDICIALES Y SU APLICACIÓN
1.4. JUSTIFICACIÓN INTERNA Y JUSTIFICACIÓN EXTERNA
Culture is the interrelationship between individuals and their environment, leading people to behave in a specific and socially legitimate way. Thus, culture is necessary to participate and to make sense of the social environment. It is both a contextual and a cognitive phenomenon, where the context influences and creates human activity. Vygotsky (1978) described learning as being embedded within social events and occurring as a child interacts with people, objects and events in the environment. As a result, the culture in which meaning is created or communicated has an influence on the ways in which possible meanings are understood. Cheong, chemyeon, nunchi and hyodo
are Korean cultural concepts that help explain the cultural characteristics of Korean society and are explored below.
4.1.1 Cheong.
The Korean culture is also often called a culture of cheong (Choi & Choi, 2001; p. 69). There is no corresponding word in the English language to describe this concept. Choi & Choi’s (2001) study illustrated the psychological functions, and described the structural patterns, that underpin cheong experiences among university students. Cheong
is suggested as a social category which described the affective bond that unites and integrates group members together. It is also suggested as a social relationship, bridging the psychological gap between different individuals who have common self-interest. Moreover, it refers to a lingering feeling attached to people, objects, places or anything else individuals have come in contact with or experienced in their lives. However, cheong
119 is different from the western concept of altruism. Cheong implies thatKorean people are sensitive to and are aware of each other’s thoughts or emotions. However, this does not imply that they express and reveal their inner feelings, and thus they do not express their preferences or expectations.
This concept follows the Confucian ideology that regards human beings as being good natured, with the four virtues embedded in this nature. These are goals that
individuals should pursue throughout their lives: generosity, righteousness, courtesy and wisdom. Kum (1998) argued that the mind exercises control over one’s given nature and it conceives of human nature as given. Korean culture takes a socially oriented view of the self, where the individual mind should be congruent with social norms and goals. This perspective sees the individual as part of the whole. Cheong is no mediation between the individuality and society, but a state of ‘we-ness’.
This relationship of ‘we-ness’ is characterized by a strong sense of bonding, unconditional friendship, self-sacrifice and exclusive favouritism (Choi, 1998). This bonding is considered to be ‘cheong’ which is an affectionate feeling that describes a relational tie, and the bond between people, object and place.
4.1.2 Chemyeon.
‘Chemyeon’ or ‘social face’ has also been considered as a phenomenon reflecting Korean culture and social behaviour. The word chemyeon consists of che (body) and
120 external expression of one’s inner nature. The term face may be defined in western
culture as:
‘the positive social value a person effectively claims for himself by the line others assume he has taken during a particular contact. Face is a self-
delineated image in terms of approved social attributes - albeit an image that others may share, as when a person makes a good showing for his profession or religion by making a good showing for himself’ (Goffman, 2005; p. 5).
Chemyeon seems similar in the sense that, like face, it represents an image of a personal self. However, chemyeon can be claimed through social interaction and is in part negotiated and given by the society and in part by meeting the society’s’
expectations. Thus, one tries to accept norms of behaviour and community expectations in one’s social world to avoid losing chemyeon. Chemyeon involves both positive self- evaluation and social approval from others’ evaluations of one’s morality and ability, though the latter is more critical.
Choi & Lee’s (2002) study examined the underlying structure of chemyeon.
Undergraduate students (N=202) proposed personality, integrity, ability and authority as core components of the psychological processes embedded in the function of chemyeon. Further, Choi & Yu’s (1992) investigation of the psychological structure of chemyeon
demonstrated chemyeon is lost when:
a) people violate the rules or norms suitable to their social status and position, (e.g. when one misconducts oneself);
b) they fail to show ability commensurate with their social status and position (e.g. when professors lack knowledge);
121 c) people behave inappropriately considering their social status and position (e.g.
when one’s weakness is open to others).
Back’s (2010) study of Korean students indicated that the indirectness or passive behaviour and quiet nature of Korean students enrolled in UK universities are due to maintaining chemyeon. It was suggested that the students avoided face-to-face interaction in group or class discussion regardless of whether they agreed or not because they
believed that expressing disagreement involved a high risk of losing face. This tendency was shown to increase when it came to hierarchy in teacher-student relationships. This was likely to have discouraged students from asking questions or expressing their views in the classroom because they were concerned about interrupting the teachers and also felt fretful that the teacher’s face would be lost if the teachers were not able to answer their questions.
Chemyeon in Confucian societies has been understood as one’s social face, and therefore influences the formation or maintenance of social relationships in Korea. Korean people are generally sensitive to others’ feelings and also determined to maintain positive feelings (Choi and Kim, 2004).
Choi and Kim (2004) suggested that chemyeon in Confucian cultures is directly linked to the Confucian understanding of humanity, and is part of the standard of humanness. According to the Confucian model of the ideal human, losing social face induces, or results in, a sense of shame. It is more important to people of high status and is regulated by social norms. Ward (2007) suggested that chemyeon is maintained by oneself, and enhanced by others. Thus, chemyeon does not merely indicate an
122 individual’s social role and position but also has connotations of an individual’s prestige, dignity, honour and reputation (Choi, Kim and Kim; 1997).
4.1.3 Nunchi.
Korean people go to great lengths to avoid losing face and to help others avoid this as well by being aware of others’ feelings. The concept of ‘nunchi’ was brought up as a source of discomfort in a study of the adjustment behaviour of Korean nurses in the US (Yi et al, 2000). The nurses felt discomfort in non-face-to-face communication due to poor English language skills but also because they could not assess the other person’s facial expression and the situation. It was a problem that the nurses could not read the other person’s facial expression, especially over phone conversations. The nurses in this study described nunchi as:
`knowing what others need by just seeing their facial expressions' (Yi’s et al, 2000; p. 725).
4.1.4 Hyodo.
‘Hyodo’ is Korean filial piety and is defined as:
‘supporting and serving one's parents, and is a natural duty of a person’ (Kim, 2008; p. 1).
Moreover, it is the rule of behaviour directing offspring to repay parental love and care. Confucian culture is a family-oriented culture, in which the family is placed above its individual members. The individual is nothing but a means for the wellbeing of the
123 family; thus chemyeon means saving face for the family, and the shame reflects the whole family, not just individual members as mentioned above. This sense of shame basically emerges from consciousness of failure to fulfil self-realization. The shame is intimately interrelated with the guilty feeling intrinsic to human beings. This inner conscious is the
‘tao’ which is the inner experience, an intuitive awareness, rather than an intellectual process (Lee, 1999). In Korea, it is the consciousness of human nature called ‘yang-sim’ which literally means ‘conscious’ in English.
Therefore, the greatest shame at losing social face is located in the family context, especially of the child’s lack of filial piety to his parents. In Sung’s (1998) questionnaire study, respondents (N=162) established six categories of the most important components of filial piety as judged by children:
1) showing respect; 2) fulfilling responsibility; 3) harmonizing family; 4) making repayment; 5) showing affection; 6) and making sacrifice.
The most important reasons for children to practice filial piety are closely connect to family orientation and a child must be able to uphold her or his obligation to the family.
‘Koreans are taught that filial piety is the basis of all conducts’ (Shin and Koh, n.d; p. 1) and the educational process is derived from this principle.
124 Park and Kim’s (2006) study reflected the close parent-child relationship. Korean children’s close relationship continues into their adulthood. They feel gratitude, respect, and indebtedness towards their parents and are much less likely to feel conflict,
regardless of age. Thus, in return for their parents’ dedication, ‘hyodo’ is an obligation. This also includes making sacrifices and repayment to the family. Children have to be resolutely obedient to their parents, to serve and please them not only during their lifetime, but giving them a good funeral, and worshiping them after death (Sorenson, 1994; Sung, 1992). This pattern has been found in a series of studies examining parent- child relationships in Korea (Kim, U et al; 2005). Sung (1992) showed that the role of the Korean child is to love and respect the parents by studying and working hard to obtain a promising and secure future for their family. Accordingly, (as discussed above in Section 4.1.2), ‘chemyeon’ in Korean society sees learning as a moral duty and studying hard is a responsibility to the family (Schneider and Lee, 1990; Siu, 1992).
As a result, the pressure to succeed academically is felt by students irrespective of the parents’ educational level and is very much a matter of family chemyeon. Jobs and occupations are regarded as more than a source of income in Korean society. It is the Confucian view that education is the way to perfection and, thus, the measure of self- worth (Sorensen, 1994). The outcome of the child becomes a symbol of great pride for the family, to hold up the family chemyeon. Thus, parents work hard to support their children and as a result have high expectations for them. These expectations can weigh heavily on the Korean students (Sorenson, 1994). Since Korean children represent the dignity of their family and are closely knit, shame and guilt play important roles in motivating the student (Paik, 2001). Pai et al (1987) found that 88% of South Korean
125 adolescents wanted to make their parents proud of them and, in consequence, viewed school performance as their worst pressure.
Yang’s (2008) in-depth interview study illustrated the intrinsic relationship of the Korean parent and child. The study of married couples (N=17) with more than one child argued that children should be taught to behave, and were given explicit examples of proper behaviour. They were especially taught to fulfil their filial obligation which was to recognize and bring honour on the family. The parents in this study tended to
emphasize ‘family education’ in their child-rearing practices. The term family education or teaching has been used synonymously with rearing in Korea. Thus, children’s actions were perceived as direct reflections of parents’ own worthiness and people often judged the success of others by achievements of their children. If a child does not behave or shows bad manners, traditionally it is viewed as reflection of poor family education. Parents are often criticized for not being able to teach their child properly.
4.1.5 Overview.
This section of the review of literature has described the values and rules of social interaction of the traditional Korean concepts cheong, chemyeon, nunchi and hyodo.
Cheong is described as the affective bond that unites groups of people together and an attachment to objects, places or things that the person has come in contact with.
Chemyeon reflects Korean social behaviour and is seen as a product of socialization and of the internalization of social norms or customs. It is the reflection of how one should behave in different situations in a manner befitting to the social values people share. It is also the collective image or representation that a person values and shares with others, the
126 social value a person claims for them-self in a particular interpersonal interaction, and has a prescriptive nature that directs how people should behave in social relations. It is
suggested that one of the greatest losses of chemyeon is located in the family, when the child does not uphold hyodo to the family. Hyodo is argued as an obligation for the child to behave by pleasing the parents by respecting, working hard and achieving academic greatness.
Also, it was shown that Korean people go to great lengths to avoid losing chemyeon
and to help others avoid this as well and this leads to the concept of having nunchi.
Nunchi is described as the reading or being aware of the other person’s thought or emotion and/or having an understanding of the situation or the affair by observing the circumstances. This suggests that Korean communication is non-confrontational and values harmonious relationships. It reflects the hierarchical relationship and status of the Korean culture which regulates the behaviour of society.
This exploration of Korean cultural concepts helps explain the characteristic
behaviour in Korean society. The next section explores Korean language and the impact it has on the conception of the individual, and provides a brief overview of the
development of the Korean language.