• Korean Security Journal
• /
• no.43
• /
• pp.177-204
• /
• 2015

The Korean Criminal Code ${\S}10$ (1) provides that "The act of a person who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punished". Therefore, it'll not be able to be given criminal punishment if a mentally defective person is determined to lack the criminal liability. The problem about judging the criminal liability for the mentally defective person exists in areas where the criminal law intersects with psychiatry. Although the supreme court ultimately judges whether the criminal liability by mental defectiveness exists or not, the judgment of mental defectiveness, which is biological element, needs psychiatric knowledge and it is no wonder to rely on this. In particular, a change is required in the procedure and contents of mental examination for a mentally defective person as implementation of the Civil Participation in Criminal Jury Trial. It is needed the improvement of procedure to submit more accurate mental examination and the result of it in order that jurors are able to understand the result of mental examination and make an decision. This is because jurors consisting of ordinary citizens take part in trial. For guaranteeing the precise result of mental examination in the criminal justice procedure, it is necessary to establish the pool of manpower consisting of psychiatrists or psychologists who have completed the specific educational programs about the criminal justice and legal psychiatry, and it is desired to carry out the psychiatric test with selecting appraisers who belong to a pool of manpower. Furthermore, it is required to draw up and submit the written appraisal of mental examination which is easy to be known because of considering the nonprofessional of jurors consisting of ordinary citizens in the Civil Participation in Criminal Jury Trial. In order to gain a fair verdict of the jury about whether mental defectiveness exists or not, it is recommended the prompt submission of the written appraisal of mental examination, the presentation of the written appraisal of mental examination summarizing the important contents, and making out the written appraisal of mental examination for jurors to understand it easily.

• (The) Research of the performance art and culture
• /
• no.42
• /
• pp.257-290
• /
• 2021

The Wonju Nongyo (agricultural work song) is geographically classified as eastern minyo (folk song) which has many distinctive, regional features such as tunes, forms and the use of a melodic line. There has been growing attention to the transmission value of the nongyo including the Wonju Eorirang of the Wonju Origol Nongyo and its region of origin. The Wonju Nongyo is of great value and worthy of preservation in the western part of Gangwon Province. For this reason, it seems fairer to say that a focus should be directed towards establishing the identity of the song and increasing the contextualisation of transmission. At the same time, the preservation association's efforts in passing the traditional song down and education activities fairly deserve equal attention. In addition to the way the folk songs are handed down, a discussion on the facilitation of their use will be required. An in-depth discussion about the restoration and use of the song will be encouraged in a multifaceted manner. Unfortunately, few of the previous literatures on nongyo has gone so far as to investigate Arirang as a separate research topic. In fact, the Wonju Origol Nongyo should be viewed as an intangible cultural asset that paved the way for performance artistry of the Korean agricultural work songs to be seen at a national folk art festival. From the perspective of regional characteristics (traditionally termed "tori"), the Wonju Eorirang represents the cultural value of the manners and customs of our locals which constitute unwritten and neglected literary property and musicality of the song. Particularly, a more attention should be paid to making a record of woodcutters and diversity of farmers' small cooperative groups. The existence of the Wonju Eorirang indicates that the melodies to which the song are sung in Nongyo are of infinite variety. A minyo-singer unfolds various journeys of life through various modes and structure of epic chants, ranging from first encounter, love to marriage, realistic problems to relationship with husband's family and death. The epic chant of the Wonju Origol Nongyo contains a rich variety of regional sentiments about life. In particular, the epic chants of the Galtteukgisor and Ssoeltteukgisori are a genius example of sexual satire and a sense of humor. In the past, the agricultural work songs were rhythmic songs served to synchronize physical movements in groups, coordinating tasks in upland farming and rice paddy with the usage of catchy, repetitive verses easy to pass down. The Wonju Origol Nongyo is a precursor of the work songs which took the farming activities a notch higher to be part of the excitement and festivals. In the context of transmission, a festival serves to demonstrate the value of history and life. The value of the Wonju Eorirang should be appreciated and a concerted effort should be made to find a way to facilitate the transmission of the folk song. A folk-singer is a traditional oral poet and a storyteller of minyo and the forms and species of melody solely depend on the signer. The combination of performance and witticism is shown by the singer freely expressing himself. The Origol Nongyo symbolizes ethnic arts cleverly combining playful effects such as tune, rhythm and old agricultural work of the region. It is to be hoped that much of the efforts is directed to designating such folk songs as the archetype of a cultural heritage. In terms of the foundation on which the folk songs are transmitted, the usage(Performance Content) of a community would be an alternative.