• (The)Study of the Eastern Classic
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• no.34
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• pp.257-286
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• 2009

Yi, Hang-no said that taiji(=li) was Myeong-deok(illustrious virtue), the core of mind and heart, emphasizing the sides of superintendent and mysterious ability of li. It seems that he aimed to stress the upper status of li than qi, out of earlier general theory on mind and heart recognizing both li and qi consisted in the mind and heart. Through it, he wanted to say that only human being had moral mind like taiji and upper moral status than animals which human being should keep. The reason that Yi, Hang-no emphasized the difference between li and qi was because of a critical mind that the upper value of li than qi should not be changed and it would be the most dangerous situation if the value collapsed. Like this, Yi, Hang-no's attitude emphasizing li in his theory of mind and heart eventually aimed to explain the theory of Insim(Desire to be) and Dosim(Moral Mind). Yi, Hang-no's disciples testified that their teacher, Yi, Hang-no had cost his whole life to study the theory of Insim and Dosim. This means that Yi, Hang-no had tried to discriminate between Insim and Dosim, and to block private desires in Insim. The fact that Yi, Hang-no stressed the importance of the theory of Insim and Dosim had to do with the special situation that Western Power approached Joseon dynasty. Because Yi, Hang-no opposed the Westerner's moral consciousness for individual desires, against heavenly orders. To overcome the Western challenge, Yi, Hang-no strived to notice that taiji was the core of human mind. The point that Yi, Hang-no wanted to say was that Dosim(Moral Mind) was just the heavenly orders which human being couldn't disobey. Yi, Hang-no thought that Joseon couldn't defence Western flow without this theory of Insim and Dosim. Just after French invasion(1866), Yi, Hang-no was selected as a high-leveled bureaucrat, so he insisted his opinions for rejecting heterodoxy by the letters to the throne several times. The letters also contained his theory of Insim and Dosim mainly. Insisting fight against Western Power and prohibition of trade with Western Power, Yi, Hang-no eventually emphasized the king's right mind(Dosim) as a main and sole means to achieve all the goals he said. In conclusion, Yi, Hang-no's theory on mind and heart was as it is reflected in his letters to the throne. Therefore we can see that Yi, Hang-no's theory on mind and heart had harmonized with his movement to "Rejecting Heterodoxy".

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.1
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• pp.177-200
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• 2017

This writer have thus far reviewed the civil and criminal obligations of the directors of a parent company that sponsored financially troubled affiliates. What was discussed here applies to logistics companies in the same manner. Hanjin Shipping cannot expect its parent company, Korean Air to prop it up financially. If such financial aid is offered without any collateral, under Korean criminal law, the directors of the parent company bears the burden of civil and criminal responsibility. One way to get around this is to secure fairness in terms of the process and the content of aid. Fairness in terms of process refers to the board of directors making public all information and approving such aid. Fairness in terms of content refers to impartial transactions that block out any possibilities of the chairman of the corporate group acting in his private interest. In the case of Korean Air bailing out Hanjin, the meeting of board of directors were held five times and a thorough review was conducted on the risks involved in the loans being repaid or not. After the review, measures to guard against undesirable scenarios were established before finally deciding on bailing out Hanjin. As such, there are no issues. In terms of the fairness of content, too, there were practically no room for the majority shareholder or controlling shareholder to pocket profits at the expense of the company. This is because the continued aid offered to a financially troubled company (i.e. Hanjin Shipping) was a posing a burden to even the controlling shareholder. This writer argues that the concept of the interest of the entire corporate group needs to be recognized. That is, it must be recognized that the relationship of control and being controlled between parent company and affiliate company, or between affiliate companies serves a practical benefit to the ongoing concern and growth of the group and is therefore just. Moreover, the corporate group and its affiliates, as well as their directors and management must recognize that they have an obligation to prioritize the interests of the corporate group ahead of the interests of the company that they are directly associated with. As such, even if Korean Air offered a loan to Hanjin Shipping without collateral, the act cannot be treated as an offense to law, nor can the directors be accused of damages that they bear the responsibility of compensating under civil law.