• Title/Summary/Keyword: Korean Law

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A Study on the Correspondence and the Autonomy between the Act on the Guarantee of Rights of and Support for Persons with Developmental Disabilities and the Similar Ordinances of the Local Governments (발달장애인 권리보장 및 지원에 관한 법률과 지방자치단체 유사조례 간의 연계성과 자치성에 관한 연구)

  • Jeon, Jihye;Lee, Sehee
    • 한국사회정책
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    • v.25 no.2
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    • pp.367-402
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    • 2018
  • This study analyzed the relationship between the act on the guarantee of rights of and support for persons with developmental disabilities(Act for PWDD) and the similar ordinance of the local governments based on this law and focused on the correspondence(the rate of reflection) and the autonomy(differentiation). As of October 2017, 63 local government regulations and Act for PWDD were analyzed in this study. The results of the analysis are as follows: First, the rate of reflection in the ordinance of Act for PWDD was different according to the clause. In the aspect of emphasizing welfare support, the agreement between local ordinance and rate was high. While the Act for PWDD emphasized the rights of persons with developmental disabilities, there was little information about their right in the ordinance of local governments. This is evidence that current ordinance is based on the protective point of view for people with developmental disabilities. In the future, policy measures will be needed to ensure that respect for decision-making by persons with developmental disabilities and rights guarantees are included in the bylaws. Second, there is a provision that the rate of ordinance reflection is 0%, which may be guaranteed by other laws in the area, so it does not mean the absence of related system in the region, but there is possibility of institutional blind spot. In the future, consideration should be given to the complementarity of other legal systems in the area with developmental disabilities, so that persons with developmental disabilities should not be placed in institutional blind spots. Third, the autonomy(differentiation) of local ordinance was examined from the contents aspect and the administrative aspect to help practical implementation. The differentiation between the ordinances vary. Emphasizing the responsibilities of the head of the organization, emphasizing the fact-finding survey, setting up the welfare committee, or adding local needs were included to the ordinance. Local governments considering the enactment of ordinances in the future should refer to these cases and establish enactable local ordinances that take advantage of the characteristics of local autonomy.

The Body of Male Domination and the Problem of the Phallic Ideology: The Strategy of the Deconstruction of Penis-Narcissism and the Penis-Cartel (남성지배의 몸과 남근 이데올로기의 문제: 페니스 나르시시즘과 페니스 카르텔의 해체전략)

  • YUN, Ji-Yeong
    • Journal of Korean Philosophical Society
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    • no.123
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    • pp.137-185
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    • 2018
  • This article aims to deconstruct the mechanism of male domination that constantly reproduces the hegemonic class of men. In order to overcome misogyny, we should no longer deny the ontological dimension of the reality of women's oppressions and the pre-eminence of the material condition of women's existence. In addition, the possibility of the category of women as a modality of resistance should be taken into consideration. First, I will highlight the correlation between penis and phallus according to which the phallus refers to the penis which is malleable and fragile and which disappears without being castrated by the external factor. From here we could deduce the fragility and imperfection, the non-absoluteness of the phallic order. Secondly, I will analyze the mechanism of penis-narcissism, which is the modality of the constitution of the individual identity of man. The penis is not only a physiological organ, but a site of self-estimation and the validity of the succession of power and authority of the father's law. With this penis-narcissism, man is constituted as a hegemonic body that can let itself go without worrying about the reactions of others. Thirdly, I will focus on the mechanism of the penis-cartel which is the modality of the formation of the collective identity. The penis-cartel is reinforced by the mutual affirmation of the superiority of men among themselves, but also by the permission and the tacit agreement of their absurdity and lack of rationality and corruption. Because the privilege of men is not monopolized by a small part of the elite, but is consciously and unconsciously shared by all men who are part of the hegemonic and collective category. In order to deconstruct the penis-narcissism and the penis-cartel, it is necessary to demonstrate that the penis is not a self-sufficient body, nor a closed and impermeable body, but that it is a porous body where the organ serves both ejaculation and urinary ejection. The penis is a porous body that is at once the site of sublimity and degradation, purity and impurity. In addition, the penis is no longer an all-powerful and aggressive organ, but it is a malleable and fluid flesh that constantly changes its shape. Linked to a phallus-organ that is the notion of Jacques-Alain Miller, it is a site of deficiency and vulnerability that is not the axis of the penis-cartel. It is through the notion of the double porosity of the penis and the phenomenology of the flesh of the penis, I try to provide the modality of undoing the reproductive mechanism of predatory masculinity. Because this would be an effective strategy to overcome misogyny.

Current State and Future Direction of Professionals of Records Management (기록물관리 전문요원의 운영 현황과 전망)

  • Lee, Young-Hak
    • The Korean Journal of Archival Studies
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    • no.21
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    • pp.323-353
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    • 2009
  • This study examines current states of Professionals of records management after "Records Management of public instituition Act(공공기관의 기록물 관리에 관한 법률)" was enacted in 1999. The law forced to arrange records manager in Records Center. However the hire of Professionals of records management became in earnest in 2005. Records Manager among the research officials was established in 2005 February in the Participatory Government. Because of this regulation, in 2005 July, Professionals of records management were arranged in each of 45 central department for the first time. Going through many trial and error, Professionals of records management contributed to systemizing record management of center department and office. According to "Public Records Management Act(공공기록물 관리에 관한 법률)" totally revised in 2007, sixteen major cities and its public office of education decided to employ Professionals of records management until the end of 2007. In addition, minor cities which consists of people over 150,000 and public office of education which consist of the number of students over 70,000 are supposed to have Professionals of records management until 2008, but it is not accomplished yet. Furthermore, when recruiting professionalists of records management, it is necessary to employ not as a contract or a part-time employee or but as a regular or a full-time worker. Especially, if the specialists of record management were employed as a part-time employee, they would not concentrate on their work because of their unstable social positions. It means that changes from a contract worker to a regular employee are needed without further delay. At first, records managers who were recruited at the Central Department in May 2007 had various kinds of difficulties and experienced trial and error. These days, however, they show their expertise with finding their own works. Someday in Korea, the records manager is expected to be a professional career with their know-hows and active movements.

The Records and Archives Administrative Reform in China in 1930s (1930년대 중국 문서당안 행정개혁론의 이해)

  • Lee, Won-Kyu
    • The Korean Journal of Archival Studies
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    • no.10
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    • pp.276-322
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    • 2004
  • Historical interest in China in 1930s has been mostly focused on political characteristic of the National Government(國民政府) which was established by the KMT(中國國民黨) as a result of national unification. It is certain that China had a chance to construct a modern country by the establishment of the very unified revolutionary government. But, it was the time of expanding national crises that threatened the existence of the country such as the Manchurian Incident and the Chinese-Japanese War as well as the chaos of the domestic situation, too. So it has a good reason to examine the characteristic and pattern of the response of the political powers of those days. But, as shown in the recent studies, the manifestation method of political power by the revolutionary regime catches our attention through the understanding of internal operating system. Though this writing started from the fact that the Nationalist Government executed the administrative reform which aimed at "administrative efficiency" in the middle of 1930s, but it put stress on the seriousness of the problem and its solution rather than political background or results. "Committee on Administrative Efficiency(行政效率委員會)", the center of administrative reform movement which was established in 1934, examined the plan to execute the reform through legislation by the Executive Council(行政院) on the basis of the results of relevant studies. They claimed that the construction of a modern country should be performed by not political revolution anymore but by gradual improvement and daily reform, and that the operation of the government should become modern, scientific and efficient. There were many fields of administrative reform subjects, but especially, the field of records and archives adminstration(文書檔案行政) was studied intensively from the initial stage because that subject had already been discussed intensively. They recognized that records and archives were the basic tool of work performance and general activity but an inefficient field in spite of many input staff members, and most of all, archival reform bring about less conflicts than the fields of finance, organization and personnel. When it comes to the field of records adminstration, the key subjects that records should be written simply, the process of record treatment should be clear and the delay of that should be prevented were already presented in a records administrative meeting in 1922. That is, the unified law about record management was not established, so each government organization followed a conventional custom or performed independent improvement. It was through the other records administrative workshop of the Nationalist Government in 1933 when the new trend was appeared as the unified system improvement. They decided to unify the format of official records, to use marker and section, to unify the registration of receipt records and dispatch records and to strengthen the examination of records treatment. But, the method of records treatment was not unified yet, so the key point of records administrative reform was to establish a unified and standard record management system for preventing repetition by simplifying the treatment procedure and for intensive treatment by exclusive organizations. From the foundation of the Republic of China to 1930s, there was not big change in the field of archives administration, and archives management methods were prescribed differently even in the same section as well as same department. Therefore, the point at issue was to centralize scattered management systems that were performed in each section, to establish unified standard about filing and retention period allowance and to improve searching system through classification and proper number allowance. Especially, the problem was that each number system and classification system bring about different result due to dual operation of record registration and archives registration, and that strict management through mutual contrast, searching and application are impossible. Besides, various problems such as filing tools, arrangement method, preservation facilities & equipment, lending service and use method were raised also. In the process this study for the system improvement of records and archives management, they recognized that records and archives are the identical thing and reached to create a successive management method of records and archives called "Records and Archives Chain Management Method(文書檔案連鎖法)" as a potential alternative. Several principles that records and archives management should be performed unitedly in each organization by the general record recipient section and the general archives section under the principle of task centralization, a consistent classification system should be used by classification method decided in advance according to organizational constitution and work functions and an identical number system should be used in the process of record management stage and archive management stage by using a card-type register were established. Though, this "Records and Archives Chain Management Method" was developed to the stage of test application in several organizations, but it was not adopted as a regular system and discontinued. That was because the administrative reform of the Nationalist Government was discontinued by the outbreak of the Chinese-Japanese War. Even though the administrative reform in the middle of 1930s didn't produce practical results but merely an experimentation, it was verified that the reform against tradition and custom conducted by the Nationalist Government that aimed for the construction of a modern country was not only a field of politics, but on the other hand, the weak basis of the government operation became the obstacle to the realization of the political power of the revolutionary regime. Though the subject of records and archives administrative reform was postponed to the future, it should be understood that the consciousness of modern records and archives administration and overall studies began through this examination of administrative reform.

Records Culture and Local autonomy (기록문화와 지방자치)

  • Lee, Young-Hak
    • The Korean Journal of Archival Studies
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    • no.26
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    • pp.63-93
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    • 2010
  • This document illustrates the culture of archives should be improved to get better in local autonomy. In 1994, the municipal elections were held to perform autonomous activities in Korea. It has been sixteen years, since the first municipal election had been held. The local autonomy can be accomplished well, based on the economic independence from the central government and growing awareness of locals. Not only that, if local records were well archived and suitably used, autonomy could be more active. However, since the independence from Japan in 1945, records of the self-government has not been archived well. Not only archives of local government have not been established, but also organization, budget and professional staff have not been arranged well. This brought about local records administration's inactive performance. As a result, numerous number of meaningful records are lost and people are difficult to make out the local administration policy. If the records of local government preserved well, administrative efficiency, responsibility, transparency can be realized in better way. When local officials' work experiences and achievements were on record and referred to a successor of officials properly, administrative efficiency would be highly promoted. In addition, with the well-preserved work records, people are able to see where the responsibility lies. A local autonomous entity might be able to obtain administrative transparency by showing administrative processes and results to locals to the public. In this manner, the premise to archive the records of local autonomous entity is to establish a department which can archive local records and the disposition of professional archivists. According to "the law on public archives management", the governor of a province should discuss with a minister of administration to set up plans for archives' establishment and management. In this way, local archives administration would work well, when not only the department of local records administration is established, but also the department of local archives places local records under their control at the same time. Moreover, based on active records movement, municipal officials and locals would realize the importance of local record and examine local records administration systems. Not only that, when local records are shown to public and utilized properly, the local autonomy would improve a lot.

A Study on the Promotion of Electronic Government and Plans for Archival Management (전자정부 추진과 기록관리방안)

  • Kim, Jae-hun
    • The Korean Journal of Archival Studies
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    • no.5
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    • pp.39-85
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    • 2002
  • This paper is aimed at proposing the policies for managing archives in the process of promoting Electronic Government System. Although there have been many studies of electronic government project and plans for its establishment, this research examines the electronic government system and its problems on the basis of archival science. What I acquired in this paper is as follows. The development of information technology needs great changes ranging from the nation to the individuals. It becomes common that the use of computerized program for business purposes, computerization of information materials and the effective way of search use of electronic documents. Therefore, more and more countries all over the world have been seeking to promote 'Electronic Government', which applies the fruits of the development in information technology to administration process. Recently, Korea has been rapidly entered into the 'Electronic Government' system being against the traditional way of administration. In electronic government system, the 'Life Cycle' of public records will be computerized. Therefore, it is important to change and develop along with the government's policies for 'electronic government project' in the archival management system. This means that the archival management system which have put emphasis on the textual records should be converted to electronic records system. In other words, the records management in electronic government system requires not the transfer and preservation of the records but the consistent management system including the whole process of creating, appraising, arranging, preserving and using the records. So, the systematic management of electronic records plays an important role in realization of electronic government, but it is a subject to be realized by electronic government at the same time. However, the government have overlooked the importance of archival management for long time, especially the importance of electronic records management system. First of all, this research attempts to infer limits and problems through the theoretical considerations of the existing studies for electronic government and to clear up the relations between electronic government and archival management. Based on this, I'll seek to progress the study through reviewing the present condition of archival management in the process of promoting electronic government and suggesting the policies for enhancing the successful electronic government and the construction of scientific archival management system. Since early 1990, many countries in the world have been making every effort to concrete 'Electronic Government'. Using the examples in other nations, it is not difficult to recognize that the embodiment of electronic government is closely connected with the archival management policies. Korea have completed legal and institutional equipments including the new establishment of "Electronic Government Law" to realize electronic government. Also, Korea has been promoting electronic government with the Ministry of Government Administration and Home Affairs and Government Computer Center as a leaders. Though managing records, especially the management of electronic records is essential in electronic government system, we haven't yet discussed this section in Korea. This is disapproved by the fact the Government Archives and Records Service has played little role in promoting electronic government project. There are two problems relating this environment. First, present system can't meet the consistent 'Life Cycle' ranging from the creation to the preservation of electronic records. Second, the 'Life Cycle' of electronic records is divided into two parts and managed separately by GCC and GARS. The life of records is not end with the process raged from creation to distribution. On the other hand, the records are approved their value only whole procedures. Therefore, GARS should play a deading role in designing and establishing the archival management system. The answer to these problems, is as follows. First, we have to complete the electronic records management system through introducing ERMS not EDMS. This means that we should not change and develop towards ERMS simply with supplementing the current electronic records management system. I confirm that it is important and proper to establish ERMS system from the very beginning of the process of promoting electronic government. Second, I suggest the developmental integration of GARS and GCC. At present, the divided operations of GCC and GARS, the former is in charge of the management center for electronic business and the latter is the hub institution of managing nation's records and archives result in many obstacles in establishing electronic government system and accomplishing the duties of systematic archival management. Therefore, I conclude that the expansive movement towards 'National Archives' through the integration among the related agencies will make a great contribution to the realization of electronic government and the establishment of archival management system. In addition to this, it will be of much help to constitute and operate the 'Task Force' regarding the management of electronic records with the two institution as the central figures.

A study on improvement of regular survey system of state-designated movable cultural heritage (국가지정 동산문화재의 정기조사제도 개선방안 연구)

  • Lee, Jong-Suk;Kim, Chang-Gyoo
    • Korean Journal of Heritage: History & Science
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    • v.51 no.4
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    • pp.146-169
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    • 2018
  • Artificial or natural artifacts, which have historical, artistic, academic or scenic value as national, ethnic or global assets, are designated as "cultural heritages" under the Act on the Protection of Cultural Heritage. Cultural heritages can be divided into tangible cultural heritages, intangible cultural heritages, and monument and folklore heritages. In addition, depending on the object of designation, a cultural heritage can be designated either as a city or a provincial cultural heritage or a cultural heritage material, by a city mayor or provincial governor, and as a state-designated heritage by the administrator of the Cultural heritage Administration. The regular survey is a part of the policy for the preservation and management of state-designated heritages, which requires that surveys be undertaken every three to five years for the preservation, repair and maintenance of cultural heritages. It was stipulated in the Act on the Protection of Cultural Heritage in 2006, and since then has substantially contributed to the preservation and management of state-designated heritages based on the identification of damage to cultural heritages and the application of appropriate treatment measures. However, some parts of the guidelines on the regular survey, legislated in 2006, occasionally give rise to confusion in managing the regular survey system of state-designated movable cultural heritages, and need to be modified to facilitate the systematic management and improvement of the regular survey system. This study attempts to analyze the structure and operation of the regular survey system of state-designated movable cultural heritages, and proposes plans for improving the way of specifying each department which leads, manages and executes the regular survey, the process of entrusting the survey, and its guidelines and forms. I hope that these plans concerning the regular survey of state-designated movable cultural heritages will contribute to improving the quality and management of the system.

Improvement of State Ownership of Excavated Cultural Heritage System and Establishment of Policy Direction (발굴매장문화재 국가귀속제도의 정책 개선방안 연구)

  • Kim, Jong soo
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.22-43
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    • 2016
  • State Ownership of Excavated Cultural Heritage System was originated from the legislations concerning cultural objects during the Japanese colonial period (1910~1945) and was succeeded by the present Buried Cultural Properties Act enacted in 2011. Despite the importance of the system that completes the outcomes of excavations and determines the state-owned cultural properties, the foundation of national heritage, it has been limitedly regarded as administrative area and neglected by the academic scholars or policy researchers. Recently the traditional culture has drawn increasing domestic interest and awareness that the cultural heritage contributes to building cultural identity and vitalizing tourism has led to increasing the demand of a local government's role in management of the state-designated cultural heritage and even fighting for hegemony in securing the cultural objects between the central and local governments. Despite the continuing efforts for improving the selection process of cultural heritage and its management institution, establishment of an advanced objective system has been requested. This paper is intended to suggest the policy direction through demonstrating the problem and assignment caused in the process of implementing the Buried Cultural Properties Act and reviews the State Ownership of Excavated Cultural Heritage System from the legal point of view accordingly. First, I suggest improving the selection process of the state-owned cultural properties. Even though current law states that Administrator of Cultural Heritage Administration reviews the research reports and selects the possible candidates for the state-owned cultural properties almost all the cultural objects listed on the reports are practically selected. In this regard, two possible resolutions can be made; newly establishing a separate process for selecting the state-owned cultural properties after publishing the report or adding the selection process of the state-owned cultural properties during the heritage selection meeting. Either way should contribute to strengthening the impartiality and objectivity of the policy. My second suggestion is improving the operating system of the heritage selection meeting in which the cultural properties to be listed on the reports are determined. Given the present extensive assessment criteria, there is much room for certain experts' subjective opinions. Therefore, in order to enhance the fairness and credibility of the heritage selection meeting, specifying the assessment criteria and advance review of the expert list are necessary. Third, this paper suggests increasing the local government's role in management of the state-owned cultural heritage and diversifying the heritage management institution. Development of a local self-governing system has led to the increased demand for delegating the authority of the state-owned heritage management to the local governments. Along with this, the gradual improvements of public museum management raises the need for expanding the cultural benefits through increasing the local government's role in management of the state-owned heritage. Considering the fact that overall majority of the art collections housed at national or public museums is owned by the central government, developing a variety of heritage contents and vitalizing the heritage tourism are crucial. The true meaning and value of the state-owned cultural heritage hidden at the storage of a museum can be found when they are shared together with the public.

A Study on the Concept of Records-Archives and on the Definition of Archival Terms (기록물의 개념과 용어의 정의에 관한 연구)

  • Kim, Jung-Ha
    • The Korean Journal of Archival Studies
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    • no.21
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    • pp.3-40
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    • 2009
  • It has passed ten years since modern records and archives management in our country launched. During times, it has dramatically developed in the fields of law, institution and education. However a study on the definition of records and archives was non be studied enough compared to development of various research fields. In fact the reason why study on the definition was non fulfilled is that some aspects such as historical, informational, archival perspective have been coexisting without order in Korea. This situation is the biggest barrier that archival science is to a disciplinary field. Historically, 'archivium' in Latin language had developed in starting of its means place, then whole entity of documents and those organic relations. In this point, archives is rigidly separate to material of Historical science which covers all of recorded. Unlike information which is produced in the process of intended themes and following its outputs like books, documents in archival science is made in the natural process of work. In addition, historical archives which finished the current and semi-current stage and transfer to the institute of permanent conservation after the process of selection so that it is historical and cultural value to satisfy its purpose of making. This changed trend is based on the Second World War and necessity of North American society which needs to effciency and transparency of work. In Korea, records and archives management has been dominantly affected by North American society and become a subject of not arrangement but of classification, not of transferring but of collection. It is also recognized as management of on formation on the all recorded or documents not as an whole documents and all organic relations. But the original type of recognition is the only technology, it cannot have dignity as a field of science.

Kant on 'the Highest Good of a Possible World' (칸트에서 '가능한 세계의 최고선')

  • PAEK, CHONG-HYON
    • Journal of Korean Philosophical Society
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    • no.96
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    • pp.39-70
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    • 2012
  • In order to locate Kant's concept of the highest good within ethics and the theory of moral religion, it needs to be approached with some qualifications: there are two rough ways to be suggested. The first way is to focus on the concept of the highest good that is explained in terms of the happiness in proportion to a rational being's virtue or to his/her worthiness to be happy. But the happiness determined in the sense outlined above would be (increasingly or decreasingly) changeable according to each one's individual morality-this is what is meant by each one's 'worthiness' here-, and would not be seen as the perfect one. It might even be said that this kind of happiness is possible in a sensible world generally taken, if the existence of God thought of as harmonizing natural phenomena and the moral order is successfully presupposed. The other way is to understand the concept of the highest good literally: in this view, the highest good shows that a rational being's character is completely appropriate to the moral law and for him/her, its corresponding idea, i.e., the perfect happiness, is considered with full justification. But the highest good in the sense sketched above-along with the existence of God and the immortality of the soul-is expected to be realized only in an intelligible world generally taken. This means that it should be appraised as an ideal of the highest good that includes the so-called 'physical happiness' specified in terms of the first way as its element. In this regard, it is seen to be somewhat restricted. Between the two concepts of the highest good already touched upon, the highest good of the possible world would be the one established in terms of the first way. In other words, it is not the highest good in an intelligible world, but the highest good in this world. Of course, it is true that we cannot help but assume the existence of God-a being as higher, as moral, as most holy, and as omnipotent-in order to explain the highest good in this world (namely, in order to establish the possibility of the combination of the happiness and the worthiness). For as long as both morally good acts and the happiness are considered to happen in a natural world, the cause of the nature (i.e., the existence of its creator), that is, God, must be able to be presupposed. In this vein, Kant interprets that most people view that the key of the Bible is to show that the best world which is characterized by an intelligible or heavenly kingdom is also actually feasible in this world. The wish of the people who have the morally good character is that God's kingdom comes and his will is properly achieved in this world. But we cannot know what God really does in order to realize his world in this world. Nonetheless, we are fully aware of what we should do in order to make ourselves a member of his world. It is specified like this: we should do our ethical duties and further proceed to establish an ethical community. Viewed this manner, it is concluded that an ethical community is not a merely ideal thing like the kingdom of the ends, but a human apparatus or institution that exists in this world.