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Land Law Meaning of the Land Development Permission System (토지개발허가제의 토지법적 의의 -「국토계획법」 제56조를 중심으로-)

  • Lee, Sun-Young;Kim, Sang-Jin
    • Korea Real Estate Review
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    • v.24 no.1
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    • pp.77-90
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    • 2014
  • With the purpose of preventing improper development on the national land, the land development permission system which is performed from 2002 has meaning as a type of limiting the property right, but modification on the details of traditionally understood land ownership is inevitable. Also, releasing the development prohibit on the land not only stop in recovering the freedom for land development, but also can be interpretated as a cause of forming the land development right, therefore the purpose of this study is to develop this into a real right. When we look at the development activity permission as a form of limiting the property right, constitutional problems of basis for that limit and compensation demand can occur. However, that limit can be recovered or relieved through permitting the development activity, therefore the compensation problem can be solved. Due to the development activity permission system, the land development right was separated from the land ownership to be communalized, and now, the land ownership only has condition use right left and don't have the future condition change right in principle, therefore modifying the traditional concept of land ownership is inevitable. By the virtue of the land ownership authority, the land development permission system must have the property to separate the development right as the independent right to be authorized of its legitimacy. Without these properties, the land development permission system cannot satisfy the social necessity of the land development right and its discussion under the category of the land ownership limit theory can't be deviated. In the existing "Civil Law" or in the Land Regulation Law system, there are many difficulties and limits in generalizing the land development right as a real right. Therefore, it is considered that by establishing a social law idea of Framework Act on the Land to characterize the land right theory in the real right theory, the land development permission system or the development right theory should be studied and developed independently and systematically.

A Study on the Confucian Natural Legal Ideology Embodied in the Korean Constitution (유가(儒家) 자연법사상의 헌법상 전승)

  • Moon, Hyo-Nam
    • The Journal of Korean Philosophical History
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    • no.56
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    • pp.47-80
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    • 2018
  • The traditional laws of Korea have undergone various stages of development over time. This includes the voluntary standards of the clean society. Korea's traditional legal systems, ranging from those of the Goryeo(高麗) to those of the Republic of Korea, have taken Confucian Phiosophy as their major ideological bases. At the center of these Confucian ideals, particularly in regards to pre-Qin Confucian Philosophy(先秦儒家思想) from where these ideals originated, lie the core ideals which emphasize the responsibility of each individual regardless of the social status(正名), the needs for a democracy in which people are empower and guide the state(民本), the importance of reigning with benevolence, moral excellence, and rite (仁義), and the differential love centered on kinship and humanity(親親愛人). These were the ideas as set forth by Confucius(孔子), Mencius(孟子) and Xun Zi(荀子). The current laws of Korea, especially in regards to the Constitution and the Civil and Criminal Laws, include a number of provisions that contain the Confucian Ideas of Law. The Constitution, in particular, which is also supported by the judgement of the Constitution Court, reflects several core Confucian ideals including filial duty (孝) and respect for ascendants and the traditional culture. The Court also suggested the two important standards of the constitutional legitimacy of the Traditional Culture. One is 'Age Compatibility (時代 適合性)', the other is 'Manifested Universally Validity(現在的 普遍妥當性)'. So we have burdened with the reestablishment of the Universal Ethics of the Confucian Ideology.

Kim Youngjak(金永爵) and the new material, 『A Collector of Correspondence from Chinese Intellectuals (中朝學士書翰錄)』 (금영작(金永爵)과 한중 척독교류의 새 자료 『중조학사서한록(中朝學士書翰錄)』)

  • QIAN, JINMEI
    • (The)Study of the Eastern Classic
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    • no.34
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    • pp.167-206
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    • 2009
  • This paper discovers and introduces the collection of letters, "A Collector of Correspondence from Chinese Intellectuals (中朝學士書翰錄)" which was made by Kim Youngjak(1802~1868) who had collected the letters from Chinese intellectuals. "A Collector of Correspondence from Chinese Intellectuals (中朝學士書翰錄)" is a collector which contains handwritten letters to Kim Youngjak from Chinese people such as cheng gong shou(程恭壽), weng xue han(翁學涵), zhang bing yan(張丙炎), shao yan han(少言翰), and li wen yuan(李文源). Kim Youngjak had frequent meetings with Chinese intellectuals not only directly but also indirectly. He had exchanged letters with li bo heng(李伯衡), shuai fang wei(帥方蔚) for 30 years. In 1858, he went to Beijing and met Chinese intellectuals ye ming li(葉名澧), zhang bing yan(張丙炎), wu kun tian(吳昆田), cheng gong shou(程恭壽), and zhao guang(趙光). After coming back to Chos?n, he continued to exchange letters with them. "A Collector of Correspondence from Chinese Intellectuals (中朝學士書翰錄)" contains autograph letters by Kim Youngjak and Chinese intellectuals. It has ten letters for Kim Youngjak written by cheng gong shou(程恭壽), weng xue han(翁學涵), zhang bing yan(張丙炎), shao yan han(少言翰) and so on. One letter and five poems which zhao ting huang(趙廷璜) wrote to the son of Kim are also contained. The letters by zhao ting huang(趙廷璜) shows a sincere friendship with Kim Youngjak. The relationship between li bo heng(李伯衡) (who had exchanged letters with Kim for 30 years) and his son li wen yuan(李文源) proves that the cultural interchange between Korea and China had lasted successively. Kim Youngjak has not been widely known in academic circles yet but should not be ignored for the study in the cultural interchange between Korea and China. He proposed to have a relationship with li bo heng(李伯衡) and shuai fang wei(帥方蔚) first and they sent back positively. Therefore, they had a literal and private relationship by only exchanging letters each other. Also considering the fact that Kim Youngjak, as a man of high birth, had a close relationship with Chinese intelletuals, we can notice that Chinese and Korean intellectuals had open minds based on sincerity and trust. This was possible because many intellectuals before him like Hong Daeyong made a basis of the tradition of companionship. At this point, the relationship between Kim Youngjak and Chinese intellectuals and "A Collector of Correspondence from Chinese Intellectuals (中朝學士書翰錄)" have an important value. The collections of Kim Youngjak's works contain only several letters and poems which he sent to Chinese intellectuals. Accordingly, the letters in "A Collector of Correspondence from Chinese Intellectuals (中朝學士書翰錄)" are important to understand the aspects of their interchange.

The Transmission Direction and Tasks of Ssireum as a National Intangible Cultural Heritage (씨름의 국가무형문화재 전승방향 및 과제)

  • Kwak, Nak-hyun
    • (The)Study of the Eastern Classic
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    • no.67
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    • pp.203-236
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    • 2017
  • The objective of this study is to suggest the transmission direction and tasks of Ssireum, and the conclusions are like below. First, Ssireum has been designated as a national intangible cultural heritage(No.131) in December 2016. Second, in the current status of preservation and spread of Ssireum, there is no system related to the transmission of Ssireum such as cultivation of professional manpower, and facilities, programs, and administration/finance for transmitting Ssireum. Third, based on the "Intangible Cultural Heritage Preservation & Promotion Act", the transmission direction of Ssireum was suggested. (1)The designation of a college to transmit Ssireum would be needed. (2)The Ssireum curriculum should be established. (3) It would be necessary to secure trainees for transmitting Ssireum. (4)The production of teaching materials for transmitting Ssireum would be needed. (5)It would be needed to secure training institutes designated in each region and also teaching personnels for transmitting Ssireum. (6)The research direction for the correct transmission of Ssireum should be set up. Fourth, based on the "Ssireum Promotion Act", the transmission direction of Ssireum was suggested. (1)It is urgent to complement provisions for transmitting Ssireum. (2)For the transmission of Ssireum, instead of the transmission direction of Ssireum as a national intangible cultural heritage in the standardized perspective, it would be necessary to seek for the joint transmission direction between South & North Korea for research & documentation of Ssireum that could be systematized/shared between South & North Korea, development/spread of contents for discovering the original form of Ssireum, and the establishment of a base of transmission system for the preservation/promotion of Ssireum through the academic/institutional exchanges regarding Ssireum between South and North Korea. Moreover, the overall and fundamental transmission measures for the education, transmission, research, record, and informatization of Ssireum, and the cultivation of professional manpower should be established. Fifth, the contents of institutional tasks for Ssireum are like following. (1)The institutional complementation of the "Ssireum Promotion Act" should be done for the domestic/foreign promotion of Ssireum. (2)For the integration of Ssireum organizations, the administrative system should be unified. (3)The standard technical system manual for Ssireum should be produced. (4)The 'Ssireum Transmission Center' should be built for the preservation and systematic transmission of Ssireum. (5)The selection of a college for transmitting Ssireum and the establishment of a system to cultivate Ssireum successors should be done. (6)It would be necessary to establish database(DB) for the use of Ssireum techniques essential for the transmission of Ssireum.

An inquiry into philosophy-reason prose that deals with the nature of people and things (인(人)과 물(物)의 관계를 다룬 한국 철리 산문 고찰)

  • Lee, Hee-sook
    • (The)Study of the Eastern Classic
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    • no.35
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    • pp.35-73
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    • 2009
  • This thesis aims at making clear correlation between the controversy that the nature of people and things is equal or different each other and Sung Confucianism, which is closed and discriminative. For this aim, I am looking closely at philosophy-reason prose that deals with the nature of people and things, from the early days of Chosun when Sung Confucianism became a new trend of thought to the later days when the controversy that the nature of people and things is equal or different had begun in earnest. This philosophy-reason prose has had gradual and important change. There are four different view points toward the nature of people and things. According to the first view point, people are the nucleus of the world. For the second one, things are thought to be important enough to be valued, but people are still the only core of the world. The third view point is that people and things are equally important and they are all the core of the world. Finally, the fourth view point regards people inferior to things and it says that things need to instruct people by scolding their bad behavior. There is a correlation between the view point of the nature of people and things and the attitude of an author. If some scholars think that people are the most important nucleus of the world, they tend to consider Sung Confucianism as the only school. On the contrary, other scholars who think that people and things are equal tend to respect other schools with open mind. In conclusion, the heated debates of the 18th century was an acute pain to destroy the closed and discriminative character of Sung Confucianism. It has contributed to innovate the thought toward the nature of people and things and the reformism of practical science have also done important role in the process of modernism's being groped by itself.

A Case Study on the Development of Real-Time Interactive Class Data among Non-face-to-Face Remote Class Types (비대면 원격수업 형태 중 실시간 쌍방향 수업 자료 개발 사례 연구: 고등학교 기하 과목 공간도형 단원의 평면의 결정 요건을 중심으로)

  • Lee, Dong Gun;Ahn, Sang Jin
    • Communications of Mathematical Education
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    • v.35 no.2
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    • pp.173-191
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    • 2021
  • This study noted that a survey of teachers in a leading study conducted in Korea during the Pandemics period pointed out that the "real-time interactive" classes account for a significantly small portion of the remote class format. Contentually, the study reported cases of developing and applying "real-time interactive" class materials based on "planar decision requirements" of high school mathematics subject geometry. The teacher who participated in the development was a math teacher who worked at a Seoul-based high school with 28 years of high school teaching experience, and a teacher who was in charge of geometry in the math department in 2020. The development teacher decided to develop real-time interactive classes. In particular, the materials were developed by organizing the class guidance plan in four stages: 'Meeting and Class Guidance', 'Giving motivation', 'Suggesting tasks', 'Individual Investigative Activities and Teacher Feedback' and 'Reflection and Evaluation' which were selected through the process of selecting the class contents and selecting online class tools. At this time, the development teacher produced and presented about five minutes of video material using the videooscribe, a whiteboard animation program. And in case of task number 8, it consisted of recording the students' free thoughts after class, which served as a role of assessment by students themselves and providing feedback to their teachers. This study is a case study that introduces a series of courses in which field teachers develop class materials, and in addition to presenting class materials that can be applied directly to classes, is a result of a study that focuses on the role of presenting samples for future class data development. The materials developed were verified as class materials based on the opinions of the students who participated in the class and the results of the evaluation commissioned by the three math teachers.

Ideological Impacts and Change in the Recognition of Korean Cultural Heritage during the 20th Century (20세기 한국 문화재 인식의 이데올로기적 영향과 변화)

  • Oh, Chunyoung
    • Korean Journal of Heritage: History & Science
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    • v.53 no.4
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    • pp.60-77
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    • 2020
  • An assumption can be made that, as a start point for the recognition and utilization of cultural heritage, the "choice" of such would reflect the cultural ideology of the ruling power at that time. This has finally been proved by the case of Korea in the 20th century. First, in the late Korean Empire (1901-1910), the prevailing cultural ideology had been inherited from the Joseon Dynasty. The main objects that the Joseon Dynasty tried to protect were royal tombs and archives. During this time, an investigation by the Japanese into Korean historic sites began in earnest. Stung by this, enlightened intellectuals attempted to recognize them as constituting independent cultural heritage, but these attempts failed to be institutionalized. During the 1910-1945 Japanese occupation, the Japanese led investigations to institutionalize Korean cultural heritage, which formed the beginning of the current cultural heritage management system. At that time, the historical investigation, designation, protection, and enhancement activities led by the Japanese Government-General of Korea not only rationalized their colonial occupation of Korea but also illustrated their colonial perspective. Korean nationalists processed the campaign for the love of historical remains on an enlightening level, but they had their limits in that the campaign had been based on the outcome of research planned by the Japanese. During the 1945-2000 period following liberation from Japan, cultural heritage restoration projects took places that were based on nationalist ideology. People intended to consolidate the regime's legitimacy through these projects, and the enactment of the 'Cultural Heritage Charter' in 1997 represented an ideology in itself that stretched beyond a means of promoting nationalist ideology. During the past 20 centuries, cultural heritage content changed depending on the whims of those with political power. Such choices reflected the cultural ideology that the powers at any given time held with regard to cultural heritage. In the background of this cultural heritage choice mechanism, there have been working trade-off relationships formed between terminology and society, as well as the ideological characteristics of collective memories. The ruling party has tried to implant their ideology on their subjects, and we could consider that it wanted to achieve this by being involved in collective memories related to traditional culture, so called-choice, and utilization of cultural heritage.

Legal Issues in Protecting and Utilitizing Medical Data in United States - Focused on HIPAA/HITECH, 21st Century Cures Act, Common Law, Guidance - (미국의 보건의료데이터 보호 및 활용을 위한 주요 법적 쟁점 -미국 HIPAA/HITECH, 21세기 치료법, 공통규칙, 민간 가이드라인을 중심으로-)

  • Kim, Jae Sun
    • The Korean Society of Law and Medicine
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    • v.22 no.4
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    • pp.117-157
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    • 2021
  • This research reviewed the HIPAA/HITECH, 21st Century Cures Act, Common Law, and private Guidances from the perspectives in protecting and utilitizing the medical data, while implications were followed. First, the standards for protection and utilization are relatively clearly regulated through single law on personal medical information in the United States. The HIPAA has been introduced in 1996 as fundamental act on protection of medical data. Medical data was divided into personally identifiable information, non-identifying information, and limited dataset under HIPAA. Regulations on de-identification measures for medical information, objects for deletion of limited data sets, and agreement on prohibition of data re-identification were stipulated. Moreover, in the 21st Century Cures Act regulated mutual compatibility for data sharing, prohibition of data blocking, and strengthening of accessibility of data subjects. Common Law introduced comprehensive consent system and clearly stipulates procedures. Second, the regulatory system is relatively simplified and clearly stipulated in the United States. To be specific, the expert consensus and the safe harbor system were introduced as an anonymity measure for identifiable medical information, which clearly defines the process while increasing trust. Third, the protection of the rights of the data subject is specified, the duty of explanation is specified in detail, while the information right of the consumer (opt-out procedure) for identification information is specified. For instance, the HHS rule and FDA regulations recognize the comprehensive consent system for human research, but the consent procedure, method, and requirements are stipulated through the common rule. Fourth, in the case of the United States, a trust-based system is being used throughout the health and medical data legislation. To be specific, Limited Data Sets are allowed to use in condition to the researcher's agreement to prohibit re-identification, and de-identification or consent process is simplified under the system.

A Study on Views of Vital Capital in Film (영화 <기생충>에 나타난 생명자본의 관점에 관한 연구)

  • Kang, Byoung-Ho
    • Journal of Korea Entertainment Industry Association
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    • v.15 no.3
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    • pp.75-88
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    • 2021
  • The film won the Golden Palm Award at the Cannes Film Festival, and received the Academy Award for a non-English-speaking film in February 2020, respectively. It has received a monumental evaluation in the world film history. Overall, this film is about class conflict, and critics evaluate the theme of the film as "badly twisted class gap" and "anger from class." The film expresses an intrinsic conflict embodied in culture as a "tragedy in which no bad person appears," rather than the dichotomous composition of the classical class struggle from Marxism. In other words, this can be seen as expressing the substrated class relationship of the modern society that Pierre Bourdieu had argued. This film has been focused as a controversial target under Korea society with excess of ideology. Politics used to adopt the keyword, 'parasite', for political disputes not only in culture contents world. Paradoxically socialism China did not allow to release film 'Parasite.' On the other hand, Lee O-Yong argues that the movie "Parasite" does not look at social phenomena through a dichotomous perspective, but is viewed through a "double perspective" and evaluates that it does not lose eyes looking at humans through tension. This view is based upon 'Vital Capitalism'. Lee. O-Yong looks at the movie "Parasite" from the perspective of "Vital Capitalism". The theory of Vital Capitalism does not seek to find the root of historical development in class struggle conflicts, but rather figuring out history and society pays attention onto the intrinsic characteristics of life, Topophilia, Neophilia, and Biophilia. Lee Eo-ryeong argues that the development of civilization theory evolved from the stage of Hobbes' Darwinism or predatism to the stage of host vs. parasite of Michel Serres, and onto the stage of Margulis's 'Win-Win (inter-dependence)'. In this paper, after overview of vital capital concept and preceeding research, re-interpretations were tried onto scenes based upon fields from habitus, culture capital. This exploration looks for a alternative for excess of ideology in Korea society.

A Study on Promotion and Improvement of YouTube Music Contents Through the User Evaluation of Card Live ('명함라이브' 사용자 평가를 통한 유튜브 음악 콘텐츠 홍보 및 개선방안 연구)

  • You, Jae-Sun
    • Journal of Korea Entertainment Industry Association
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    • v.14 no.4
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    • pp.105-120
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    • 2020
  • This study explores the process of the actual content production and distribution, by creating a YouTube channel to promote the popular music contents produced by the researcher, which thus reflects the reality where the production of video contents rapidly increases. A YouTube channel titled "Alida Music", of which the focus was to promote indie musicians, was created on February 2019. The contents of 10 indie musicians were produced in one-take live format. The information of the indie musicians was displayed in the form of a screen business card, with their e-mail address and SNS account at the top. Therefore, this promotional design was named "Card Live". Promotional video contents marked with the QR code in the lower right on the screen were produced, along with the promotional phrase "Communicate directly with the artist through the QR code", which allows viewers to watch other contents of the indie musician when they scan the QR code. This research conducted a study on how to improve and promote "Card Live" contents of "Alida Music", which were produced through this process. A group interview targeting five indie musicians, among whom one participant deemed significant was selected to conduct a one-to-one in-depth interview. As a result of the study, the following three conclusions were drawn. First, YouTube was found to be the medium with the greatest influence and highest efficiency at the lowest cost. Second, the evaluation of the participants on "Card Live" were divided into the three categories: need for one-take live, the design elements of "Card Live", and scanning issues of the QR code. Third, there is a need for promotional methods that can effectively utilize the media aspects of YouTube: the channel management issues such as raising public awareness as well as the number of subscribers of "Alida Music" should be resolved and measures to effectively use various media including other SNS should be developed. In terms of its content, it is imperative to recruit diverse performers to make various contents, as well as to come up with ways to link "Card Live" contents with offline. Based on these results, "Card Live" contents should be further revised and complemented in order to provide interesting contents to consumers, which will further develop "Alida Music" as a platform where various musicians and companies meet, thereby inducing contracts with popular music agencies and generating advertising revenues. However, since this study was carried out only with the limited number of participants, future studies should include more participants to bring forth a variety of promotional plans and improvement measures. Also, in the era of consuming contents through smart devices, the fact that some features of "Card Live" were available only on PC, did not fully reflect the characteristics of the times. In the future research, various contents that smartphone users can access and view freely without PC should be produced.