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The Aspects of Modernity in ImcheonByeolgok(林川別曲) by Okgukjae(玉局齋), Lee Un-young: Based on Using Greimas's Actant Model (옥국재(玉局齋) 이운영(李運永)의 <임천별곡(林川別曲)>에 나타난 근대성(近代性) 양상(樣相) - 그레마스의 행위소 모형을 중심으로)

  • Park, sujin
    • 기호학연구
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    • no.57
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    • pp.91-120
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    • 2018
  • This study was contemplated about an aspects of modernity that was discovered of ImcheonByeolgok(林川別曲) written by Okgukjae Lee, Un-young in 18th Century. It was composed time that unprecedented state in the 18th century. So, I considered that Modernity was the most appeared at 18th Century. During this period, Changes has happened in ideology and system in terms of politics, economy, society and culture. This change is the beginning of a new modern consciousness. There is also a tendency to think of Imcheonbyeolgok as the autobiographical story of Lee, Yun-young. It seems that Lee, Yun-young has a progressive scholarly thought, but he did not reveal his own situation by insulting him. Therefore, I am not realistically valid for being able to see it as an autobiographical story that he actually experienced. Also, although ImcheonByeolgok is known as a love song, it is hard to see it as a love song because its satirical features are strong. and It is characterized by the peculiar form of narrative being described as a dialogue. I picked two aspects of modernity in ImcheonByeolgok. One is resistance to love and desire, and the other is disintegration of the order of identity. The two aspects of this paper were presented as Greimas's Actant Model. ImcheonByeolgok is the result of efforts to show the changing modern Joseon Dynasty's elements in the form of resistance and resistance to Joseon's feudal society, such as Confucian ideology and identity systems. Thus, I suggested the corrupt ruling class of Joseon's feudal society and the exploited working class life as an old living and a grandmother instead of 'resistance' and 'disposal' in the 18th century. The criticism of traditional feudal societies that emerged in the 18th century turned out to be a hegemony that distinguishes the Middle Ages from the Modern Age, which resulted in differences between the ages before and after the 18th century. Although these hegemony were not clearly distinguished in household literature in the 18th century, it was established and developed in the 19th century. I suggested that Lim's Star Song was an important work that played an important role in bringing about this change.

Legal Issues and Tasks for the Establishment of National Contract for Peace and Unification ('평화통일국민협약' 추진의 법제도적 과제)

  • Choi, Cheol-Young
    • Journal of Legislation Research
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    • no.55
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    • pp.57-94
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    • 2018
  • Crisis of trust in Korean society, especially south-south conflicts among Korean political circle, civil society and peoples on the issue of the Korean peninsula policy driven by south Korean government, have weakened the sustainable and consistent energy of the policy for peace and unification of Korea peninsula. At the moment of drastic change of south-north relation in Korean peninsula, National agreement as a foundation of sustainable peace and unification policy has very important meaning. Because of this, national contract of unification as a kind of social concertation, has been demanded. National contract for peace and unification is an unprecedented process for making unofficial legal norm because it authorize quasi-legislative binding force on the agreement which is concluded by the Korean political circle, civil society and peoples for the peace and unification of Korean peninsula. National contract for peace and unification includes 'agreed aim and principles' for peace, prosperity and unification as well as process and result. And National contract for peace and unification, also is characterized long duration of aim achievement and openness of participating subjects. In terms of law, it will be legitimate source for comprehensive modification of international and internal law. In addition, The nature of National contract for peace and unification, as a people's law, should be considered as soft law which has the power to realize its contents through the enactment of legislation and policy. In order to guarantee the establishment and effectiveness of National contract for peace and unification, the setting of organization is need to determine the range of representatives, who participate in the process of contract making, procedure of contract and to carry out the contract after the conclusion of National contract for peace and unification. For the reason, the Council of National Contract for Peace and Unification as a independent administrative government committee and 'Act on National Contract for Peace and Unification' is needed.

Thailand in 2017: The Resurgence of "Sarit Model" and Thai-Style Democracy (2017년 타이: '싸릿모델'의 부활과 타이식 민주주의)

  • PARK, Eun-Hong
    • The Southeast Asian review
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    • v.28 no.2
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    • pp.213-247
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    • 2018
  • Thailand in 2017 the public sentiment has turned against the military government. The four pledges the military declared immediately after the 2014 coup, restoration of democracy, addressing of divisive politics, eradication of corruption, and stimulation of the economy have all failed. In the same year, however, Thai military junta began to recover it's diplomatic relationship with western countries including US and EU owing to promulgation of the new constitution endorsed by King Maha Vajiralongkorn and the lavish funeral of late King Bhumibol Adulyadej which was attended by huge number of condolence delegations from around the world including US Defense Secretary James Mattis. Since the 2014 coup, US has sanctioned the country under military junta led by General Prayuth Chan-o-cha for urging them back to the barracks. EU also joined this sanction measures. US signaled change in it's policy when General Prayuth got the chance to visit US and meet President Donal Trump in 2017. General Prayuth Chan-o-cha's military junta could start to restore it's reputation internationally. Domestically, he used absolute powers based on section 44 of the interim constitution, also guranteed in the new constitution. Oversea and national human rights groups have criticized that the interim constitution for permitting the NCPO, Thai military junta's official name, to carry out policies and actions without any effective oversight or accountability for human rights violations. On 1 December 2017, Thailand marked the one-year anniversary of King Maha Vajiralongkorn's accession to the throne as the country's new monarch, Rama X. In the first year of King Rama X's reign, arrests, prosecutions, and imprisonment under Article 112 of Thailand's Criminal Code (lese-majeste) have continued unabated in Thailand. NCPO has continued to abuse Article 112 to detain alleged violators and curb any form of discussion regarding the monarchy, particularly on social media. In this worsening human rights environment General Prayuth Chan-o-cha enforced continuously campaign like Thai-style democracy- an effort to promote largely autocratic 'Thainess' in such a way that freedom of expression is threatened. It is a resurgence of 'Sarit Model'. In the beginning of 2017 Thai military government raised the slogan of 'opportunity Thailand' in the context of 'Thailand 4.0' project which attempts to transform Thai economy based on industry-driven to innovation-driven for recovering robust growth. To consider freedom and liberty as a source of innovation, 'Thailand 4.0' led by 'Sarit Model' without democracy would be skeptical.

The Necessity of Education and Understanding about Evil: with thought of Sunja and Hannah Arendt as the central figure (악(惡)에 대한 이해와 교육의 필요성 - 순자와 한나 아렌트의 사유를 중심으로 -)

  • Jeon, Sun Suk;Kim, Young Hoon;Shin, Chang Ho
    • (The)Study of the Eastern Classic
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    • no.48
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    • pp.253-287
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    • 2012
  • This research aimed to discuss the necessity of education and evil through perspective of Sunja and Hannah Arendt. In case of Sunja, it was reviewed by his opinion about Sunja as the central figure. As for Arendt, it was researched with "Eichmann in Jerusalem" as the central figure which she wrote participating in the trial process of Eichmann who was a war criminal of Nazi. Sunja thought evil as the nature of people and understood that they all are originally selfish, envious, and seeking desire. Therefore, Sunja thought it is important to properly seek human desire. He claimed Haw Seong Gi Wi(化性起僞, changing evil human nature into goodness through manner) which changes human nature from evil to goodness. A teacher who leads evil into goodness is surely needed in the process of Haw Seong Gi Wi. At the same time, in the dimension of educational content it put stress on the role of Ye(禮, manner) which lets them realize discernment so that they properly seek human desire and Ak(樂, harmony) which harmoniously controls human emotion, and key point on education regarding Ye and Ak. As for Arendt, however, she recognized evil as normal one. Even though he thought that conforming the order of superior authority was the best value and then took evil of killing many Jews in thoughtlessness, Eichmann maintained that he did not take evil but only conformed the order. This way, people could take evil in thoughtlessness in totalitarianism, and it makes circumstance that they could not take goodness. Therefore they could take evil in thoughtlessness and experience the radical evil and the banality of evil. Accordingly, political praxis which guarantees people's plurality as the words and praxis is needed. It is named natality because the truth that they are born in this world is a starting point, and makes the essence of education. In this process, teachers have to be a representative of this generation for children as new social members, and be able to keep children's newness. Sunja and Arendt have the same equality and difference in that they referred to the necessity of education to overcome human evil. It is the same quality that goodness could recover the function of community and the practice of education is considered important in the goal of education and the dimension of directivity. It is different in methodical characteristic of education that Arendt, however, suggests praxis as the way that they express themselves in totalitarianism while Sunja thought that continuous practice piling up virtue for goodness is important.

A Study Seeking the Practical Implementation of the Yellow Sea Large Marine Ecosystem Project (황해광역해양생태계 프로젝트의 실효성 확보에 관한 연구)

  • Kim, Jin-kyung;Kown, Suk-jae;Lee, Sang-il
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.27 no.7
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    • pp.987-994
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    • 2021
  • The Yellow sea, as described in article 123 of UNCLOS, is semi-enclosed sea surrounded by the Republic of Korea, the People's Republic of China and North Korea. In addition, the Yellow Sea is one of the 66 large marine ecosystems as it contains large amounts of marine resources. According to article 194 of UNCLOS, states should be aware of rights and duties with respect to the protection and preservation of the marine environment to be engaged with countries directly as regional entity or indirectly. Therefore, the legal blank is urgent in terms of trans-boundary environmental pollutant issues. The UNDP has conducted a project called Yellow Sea Large Marine Ecosystem (YSLME) which has reached the 2nd phase. The project has some notable achievements, namely performing joint activities on analysis of diagnostic trans-boundary issues in collaboration with China and South Korea, developing a strategic action plan based on TDA, and establishing regional strategic action plan. However, on the other hand, the project could not reflect the full participation of North Korea as a state party. As a result, the project has a limitation on effective implementation of RSAP. Therefore, this study focuses on the suggestion of a legally-binding trilateral treaty as a blue print for the next, 3rd phase of the project. By analyzing the best practice of the Wadden Sea Trilateral Treaty case, the study verifies the validity of legislative measures on establishing and managing a legally-binding trilateral YSLME Commission. By suggesting a three phase treaty, incorporating a joint declaration by establishing the commission, the signing of the treaty, and formulating an umbrella convention and implementation arrangement, the study expects to guarantee the consistency and sustainability of the trilateral treaty regardless of political issues pertaining to North Korea.

A Study on Human Rights in North Korea in terms of Haewon-sangsaeng (해원상생 관점에서의 북한인권문제 고찰)

  • Kim Young-jin
    • Journal of the Daesoon Academy of Sciences
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    • v.43
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    • pp.67-102
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    • 2022
  • The purpose of this study is to analyze the human rights found in the North Korean Constitution and their core problem by focusing on elements of human rights suggested by Daesoon Jinrihoe's doctrine of Haewon-sangsaeng (解冤相生 the Resolution of Grievances for Mutual Beneficence). Haewon-sangsaeng is seemingly the only natural law that could resolve human resentment lingering from the Mutual Contention of the Former World while leading humans work for the betterment of one another. Haewon-sangsaeng, as a natural law, includes the right to life, the right to autonomous decision-making, and duty to act according to human dignity (physical freedom, the freedom of conscience, freedom of religion, freedom of speech, freedom of press, etc.), the right to equal treatment in one's social environment, and the right to ensure the highest level of health through treatment. The North Korean Constitution does not have a character as an institutional device to guarantee natural human rights, the fundamental principle of the Constitution, and stipulates the right of revolutionary warriors to defend dictators and dictatorships. The right to life is specified so that an individual's life belongs to the life of the group according to their socio-political theory of life. Rights to freedom are stipulated to prioritize group interests over individual interests in accordance with the principle of collectivism. The right to equality and the right to health justify discrimination through class discrimination. The right to life provided to North Koreans is not guaranteed due to the death penalty system found within the North Korean Criminal Code and the Criminal Code Supplementary Provisions. The North Korean regime deprives North Koreans of their right to die with dignity through public executions. The North Korean regime places due process under the direction of the Korea Worker's Party, recognizes religion as superstition or opium, and the Korea Worker's Party acknowledge the freedoms of bodily autonomy, religion, media, or press. North Koreans are classified according to their status, and their rights to equality are not guaranteed because they are forced to live a pre-modern lifestyle according to the patriarchal order. In addition, health rights are not guaranteed due biased availability selection and accessibility in the medical field as well as the frequent shortages of free treatments.

Research on the Circumstance for Agricultural Investment of Cambodia (캄보디아 농업투자 환경에 관한 연구)

  • Lee, Kyu-Seong;Bae, Dong-Jin;Kim, Seong-Nam;Kang, Young-Shin
    • Journal of the Korean Society of International Agriculture
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    • v.23 no.5
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    • pp.475-484
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    • 2011
  • International price of cereal has been dramatically increasing for the past few years. This price hike amplified the importance of food self-sufficiency in numerous countries due to the fact that food security is directly proportional to food self-sufficiency. In this study, we conducted a survey to provide useful information of Cambodia's agricultural environment to possible Korean agricultural investors and as to highlight Cambodia as a strong candidate for the establishment of Korea's foreign base for cereal production. The survey conducted includes information regarding Cambodia's agricultural environment and investment circumstances including the political, economical and other contributing factors affecting agricultural investment in Cambodia. Seventy percent of the Cambodia's total population engage in agriculture and this comprises about 30% of the country's GDP. This statistics reflects the possibility of Cambodia's poverty alleviation which proves that agriculture in Cambodia is the driving force for the improvement of the country's economy. In addition, low labor cost, fertile land, abundant water resources, like the Tonle sap lake and the Mekong river, and unreclaimed lands are the strong points that could attract agricultural investors to Cambodia. Poor infrastructure, irrigation systems, law reforms, including social and cultural differences may be the biggest setbacks for the acceleration of Cambodia's agriculture development. However, the Cambodian government is open and willing to make adjustments for Cambodia to be both foreign and domestic agricultural investor-friendly, expecting that it will boost its country's agricultural development. Making the best out of this opportunity, the coordination of KOICA with Korean agricultural investors in building infrastructures and with the help of the KOPIA program for the transfer of agricultural technology will benefit both countries and will play an important role in Cambodia's agriculture.

Conflicts and Tasks of the Right of Legal Interpretation of National People's Congress of China and the Basic Law System of Hong Kong (중국 전국인민대표대회의 법률해석권과 홍콩 보통법체계의 충돌과 과제)

  • 김준영
    • Journal of Sinology and China Studies
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    • v.81
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    • pp.227-256
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    • 2019
  • Hong Kong's protests, which began in June 2019 with Anti-Extradition Bill Protests, have already lasted for months, and the demonstrations have a significant impact on China and Hong Kong as a whole. The protests began in opposition to the Hong Kong government's revision of the extradition bill, but in substance, it has a strong nature as a test of China's "One Country Two Systems" policy. Since the establishment of the Hong Kong Special Administrative District on July 1, 1997, the primary legal norm between China and Hong Kong is the Basic Law of Hong Kong. However, conflicts of legal standards have occurred frequently due to the difference between socialism and the capitalist legal system, and there has been a continuous controversy over the interpretation of the Basic Law of Hong Kong. Moreover, the core of the legal conflict between China and Hong Kong has always been China's "One Country Two Systems" policy. This paper examined the issues related to the "Right of Legal Interpretation" of Standing Committee of the National People's Congress, the characteristics and interpretation rights of the Basic Law of Hong Kong, the direct election system of the administrative minister, the implementation of the universal suffrage, and the legislative issues of the application of Article 23 of the Hong Kong Basic Law. Furthermore, this paper also investigated the laws and systems newly introduced by China to solve these legal conflicts. The integration of the legal system of the divided state is a complicated process beyond the combination of the legal system by integrating the multiple legal systems that have separated for a long time under heterogeneous political, economic, and social networks. Moreover, the adjustment and integration of various legal systems under the premise of a single Constitution is the starting point for the actual inclusion of various fields after the unification as well as unification process and provides a basis for achieving full integration. Therefore, the unification of the divided countries should be the first step in a long journey toward becoming a practical one, not a goal itself. It is crucial to reduce trial and error and cost, and achieve stable unification in our unification process in Korea, by learning lessons from the contradictions and conflicts that appear in the "One Country Two Systems" unification between China and Hong Kong.

The Concentration of Economic Power in Korea (경제력집중(經濟力集中) : 기본시각(基本視角)과 정책방향(政策方向))

  • Lee, Kyu-uck
    • KDI Journal of Economic Policy
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    • v.12 no.1
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    • pp.31-68
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    • 1990
  • The concentration of economic power takes the form of one or a few firms controlling a substantial portion of the economic resources and means in a certain economic area. At the same time, to the extent that these firms are owned by a few individuals, resource allocation can be manipulated by them rather than by the impersonal market mechanism. This will impair allocative efficiency, run counter to a decentralized market system and hamper the equitable distribution of wealth. Viewed from the historical evolution of Western capitalism in general, the concentration of economic power is a paradox in that it is a product of the free market system itself. The economic principle of natural discrimination works so that a few big firms preempt scarce resources and market opportunities. Prominent historical examples include trusts in America, Konzern in Germany and Zaibatsu in Japan in the early twentieth century. In other words, the concentration of economic power is the outcome as well as the antithesis of free competition. As long as judgment of the economic system at large depends upon the value systems of individuals, therefore, the issue of how to evaluate the concentration of economic power will inevitably be tinged with ideology. We have witnessed several different approaches to this problem such as communism, fascism and revised capitalism, and the last one seems to be the only surviving alternative. The concentration of economic power in Korea can be summarily represented by the "jaebol," namely, the conglomerate business group, the majority of whose member firms are monopolistic or oligopolistic in their respective markets and are owned by particular individuals. The jaebol has many dimensions in its size, but to sketch its magnitude, the share of the jaebol in the manufacturing sector reached 37.3% in shipment and 17.6% in employment as of 1989. The concentration of economic power can be ascribed to a number of causes. In the early stages of economic development, when the market system is immature, entrepreneurship must fill the gap inherent in the market in addition to performing its customary managerial function. Entrepreneurship of this sort is a scarce resource and becomes even more valuable as the target rate of economic growth gets higher. Entrepreneurship can neither be readily obtained in the market nor exhausted despite repeated use. Because of these peculiarities, economic power is bound to be concentrated in the hands of a few entrepreneurs and their business groups. It goes without saying, however, that the issue of whether the full exercise of money-making entrepreneurship is compatible with social mores is a different matter entirely. The rapidity of the concentration of economic power can also be traced to the diversification of business groups. The transplantation of advanced technology oriented toward mass production tends to saturate the small domestic market quite early and allows a firm to expand into new markets by making use of excess capacity and of monopoly profits. One of the reasons why the jaebol issue has become so acute in Korea lies in the nature of the government-business relationship. The Korean government has set economic development as its foremost national goal and, since then, has intervened profoundly in the private sector. Since most strategic industries promoted by the government required a huge capacity in technology, capital and manpower, big firms were favored over smaller firms, and the benefits of industrial policy naturally accrued to large business groups. The concentration of economic power which occured along the way was, therefore, not necessarily a product of the market system. At the same time, the concentration of ownership in business groups has been left largely intact as they have customarily met capital requirements by means of debt. The real advantage enjoyed by large business groups lies in synergy due to multiplant and multiproduct production. Even these effects, however, cannot always be considered socially optimal, as they offer disadvantages to other independent firms-for example, by foreclosing their markets. Moreover their fictitious or artificial advantages only aggravate the popular perception that most business groups have accumulated their wealth at the expense of the general public and under the behest of the government. Since Korea stands now at the threshold of establishing a full-fledged market economy along with political democracy, the phenomenon called the concentration of economic power must be correctly understood and the roles of business groups must be accordingly redefined. In doing so, we would do better to take a closer look at Japan which has experienced a demise of family-controlled Zaibatsu and a success with business groups(Kigyoshudan) whose ownership is dispersed among many firms and ultimately among the general public. The Japanese case cannot be an ideal model, but at least it gives us a good point of departure in that the issue of ownership is at the heart of the matter. In setting the basic direction of public policy aimed at controlling the concentration of economic power, one must harmonize efficiency and equity. Firm size in itself is not a problem, if it is dictated by efficiency considerations and if the firm behaves competitively in the market. As long as entrepreneurship is required for continuous economic growth and there is a discrepancy in entrepreneurial capacity among individuals, a concentration of economic power is bound to take place to some degree. Hence, the most effective way of reducing the inefficiency of business groups may be to impose competitive pressure on their activities. Concurrently, unless the concentration of ownership in business groups is scaled down, the seed of social discontent will still remain. Nevertheless, the dispersion of ownership requires a number of preconditions and, consequently, we must make consistent, long-term efforts on many fronts. We can suggest a long list of policy measures specifically designed to control the concentration of economic power. Whatever the policy may be, however, its intended effects will not be fully realized unless business groups abide by the moral code expected of socially responsible entrepreneurs. This is especially true, since the root of the problem of the excessive concentration of economic power lies outside the issue of efficiency, in problems concerning distribution, equity, and social justice.

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Conclusion of Conventions on Compensation for Damage Caused by Aircraft in Flight to Third Parties (항공운항 시 제3자 피해 배상 관련 협약 채택 -그 혁신적 내용과 배경 고찰-)

  • Park, Won-Hwa
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.1
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    • pp.35-58
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    • 2009
  • A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

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