• The Korean Journal of Archival Studies
• /
• no.18
• /
• pp.257-280
• /
• 2008

The purpose of this paper is reviewing the hot issue called 'draining away the presidential records' case occurred recently and finding the root cause why the state of affairs has been happened in Korea. Though the presidential records management law ensures the rights for the prior president to view his presidential records, the prior president has copied his presidential records produced while in office and moved to his private house at his retirement. He might have interpreted his right to his presidential records too broadly and done the 'draining away' them. There was a motive why the prior president did that at that time. The reason was because the National Archives didn't guarantee the services for right viewing the records to him who wanted to review his records from right after his retirement. The National Archives have judged the draining away the prior presidential records as illegal and accused a few public servants suspected to be responsible for the affairs. The formal accuser is the National Archives, but the actual accuser might be the current Presidential Secretariat. Whatever the results of juristic judgement are, the reason why the records management field should focus and treat this case importantly is that the collapse possibility of the protection wall needed essentially and critically to the Presidential records becomes very high. The root cause of this case might exist in the fact that the records and archives management organizations have not owned the political independence. But the National Archives has submitted the revised bill of the public records and archives management law which lower the position of the National Records Management Committee controlled under from the Prime Minister to the Ministry of Administration and Security. It might be hot concern that the records and archives management organizations have difficulty for keeping the political independence if the revision would be passed. Besides the political independence factor, the most important factor needed for the right records management is the establishing the professional specificity of records management. The specific action for the establishing professional specificity would be employing of specialists and introducing the open official appointment. But it was found from the reorganization after the governmental change that the professional specificity of the National Archives have been reduced. Although the policies introduced by the new government are worrying, it might be an inheritance from the prior government. If new government would build establish the institution for the political independence of the records and archives management organizations and expand the employment of the records management professions to the local government, these affairs can be not only the responsibilities but also the achievements of the new government.

• Journal of Popular Narrative
• /
• v.25 no.1
• /
• pp.217-247
• /
• 2019

This research paper intends to examine the intertextuality of Klaus Mann's novel Mephisto (1936) and István Szabó's film Mephisto (1981) and how the derivative contents (i.e., film) accepted and improved the schematic aesthetics of conviction in original contents (i.e., novel). In general, the aesthetics of conviction is applied to criticize the state socialism of the artists of the Third Reich or the ideology of the artists of East Germany from a biased ethical perspective. Mephisto is also based on the aesthetics of conviction. Thus, it would be meaningful to examine the characteristic similarity and difference between Klaus Mann's real antagonist (i.e., Gustaf Gründgens) and fictional antagonist (i.e., Hendrik Höfgen) from a historical critical perspective. In this process, an aesthetic distance between the real and fictional antagonists would be secured through the internal criticism in terms of intertextuality. In this respect, the film aesthetics of István Szabó are deemed to overcome the schematic limit of the original novel. The conviction in both the novel and film of Mephisto pertains to the belief and stance of a person who compromised with the state socialism of Nazi Germany, i.e., succumbed to the irresistible history. Klaus Mann denounced Mephisto's character Höfgen (i.e., Gründgens in reality) as an "Mephisto with evil spirits" from the perspective of exile literature. For such denunciation, Klaus Mann used various means such as satire, caricature, sarcasm, parody and irony. However, his novel is devoid of introspection and "utopianism", and thus could be considered to allow personal rights to be disregarded by the freedom of art. On the contrary, István Szabó employed the two different types of evil (evil of Mephisto and evil of Faust) from a dualistic perspective (instead of a dichotomous perspective of good and evil) by expressing the character of Höfgen like both Mephisto and Hamlet (i.e., "Faust with both good and evil spirits). However, Szabó did not present the mixed character of "Mephisto and Hamlet (Faust)" only as an object of pity. Rather, Szabó called for social responsibility by showing a much more tragic end. As such, the novel Mephisto is more like the biography of an individual, and the film Mephisto is more like the biography of a generation. The aesthetics of conviction of Mephisto appears to overcome biased historical and textual perspectives through the irony of intertextuality between the novel and the film. Even if history is an irresistible "fate" to an individual, human dignity cannot be denied because it is the "value of life". The issue of conviction is not only limited to the times of Nazi Germany. It can also be raised with the ideology of the modern and contemporary history of Korea. History is so deeply rooted that it should not be criticized merely from a dichotomous perspective. When it comes to the relationship between history and individual life, a neutral point of view is required. Hopefully, this research paper will provide readers with a significant opportunity for finding out their "inner Mephisto" and "inner Hamlet."

• The Korean Journal of Air & Space Law and Policy
• /
• v.31 no.2
• /
• pp.145-176
• /
• 2016

Aviation safety can be secured through regulations and policies of various areas and thorough execution of them on the field. Recently, for aviation safety management Korea is making efforts to prevent aviation accidents by taking various measures: such as selecting and promoting major strategic goals for each sector; establishing National Aviation Safety Program, including the Second Basic Plan for Aviation Policy; and improving aviation related legislations. Obstacle limitation surface is to be established and publicly notified to ensure safe take-off and landing as well as aviation safety during the circling of aircraft around airports. This study intends to review current aviation obstacle management system which was designed to make sure that buildings and structures do not exceed the height of obstacle limitation surface and identify its operating problems based on my field experience. Also, in this study, I would like to propose ways to improve the system in legal and regulatory aspects. Nowadays, due to the request of residents in the vicinity of airports, discussions and studies on aviational review are being actively carried out. Also, related ordinance and specific procedures will be established soon. However, in addition to this, I would like to propose the ways to improve shortcomings of current system caused by the lack of regulations and legislations for obstacle management. In order to execute obstacle limitation surface regulation, there has to be limits on constructing new buildings, causing real restriction for the residents living in the vicinity of airports on exercising their property rights. In this sense, it is regarded as a sensitive issue since a number of related civil complaints are filed and swift but accurate decision making is required. According to Aviation Act, currently airport operators are handling this task under the cooperation with local governments. Thus, administrative activities of local governments that have the authority to give permits for installation of buildings and structures are critically important. The law requires to carry out precise surveying of vast area and to report the outcome to the government every five years. However, there can be many problems, such as changes in the number of obstacles due to the error in the survey, or failure to apply for consultation with local governments on the exercise of construction permission. However, there is neither standards for allowable errors, preventive measures, nor penalty for the violation of appropriate procedures. As such, only follow-up measures can be taken. Nevertheless, once construction of a building is completed violating the obstacle limitation surface, practically it is difficult to take any measures, including the elimination of the building, because the owner of the building would have been following legal process for the construction by getting permit from the government. In order to address this problem, I believe penalty provision for the violation of Aviation Act needs to be added. Also, it is required to apply the same standards of allowable error stipulated in Building Act to precise surveying in the aviation field. Hence, I would like to propose the ways to improve current system in an effective manner.

• Trans-
• /
• v.2
• /
• pp.1-38
• /
• 2017

Dance, as an art which expresses thoughts and emotions by movement human, is included in work that its copyright has to be protected, choreographers who are creators and dancers who are performing can exercise their rights included in copyright laws. However, artists who work in the dancing scene have lack of awareness about copyrights and the application level is low. The purpose of this thesis is to look into the current status and issues about dance copyright and to discuss activation plans and effectiveness plans for dance copyrights. The main point is to check into the level of awareness for dance copyrights with choreographers, dancers and students majoring in dance who are in charge of the art of dancing, to present issues about the necessity of the dance copyrights protection plans by analyzing interviews-in-depth and to prepare the dance copyrights protection plans which are concretely realistic. For the research methods, first, I looked into ideas and contents about copyrights through a document research and then, wanted to prepare theoretical background by reviewing actual cases of performing art copyrights related to dance. Next, I carried out surveys about awareness of copyrights with students majoring in dance, choreographers and dancers then carried out analysis of actual proof. Also, I chose three famous dancers who are actively performing in the current dancing scene and did interviews-in-depth about dance copyrights then carried out a recording analysis. I tried to complement the analysis by discussing deeper which I couldn't deal with in the previous surveys and to contemplate awareness activation of dance copyrights and plans. As a result of the research, the level of the awareness about dance copyrights through age, major, education and career was very low. The level of awareness was almost same compared to the previous research 10 years ago. 'Music', which can be an element of copyright issue in dance, was the highest in rate, and dance was recognized as an art which is combined with various elements as a combination work. The way of protection for works of choreography and performance only used data preservation and contracts and didn't register copyrights or record in dace notation. Majority of responders answered that they couldn't have any education about copyrights while they were recognizing the necessity of education and management for copyrights. The analysis of interviews-in-depth was also matched to the result of the previous surveys and a deeper discussion about the status of dance copyrights and issues was carried out. The plans of effectiveness for dance copyrights through the result of previous research are as followings. First, an advanced education is necessary above all to increase the awareness and application of copyrights in dancing scene. Long-term education like study curriculums and short-term education like special courses and seminars should be combined, and education about copyrights for dance groups, choreographers, dancers and students majoring in dance should keep on going. Second, revision of performing art works is necessary for the activation of dance copyrights, and establishing a dance copyright association to manage copyrights systematically and training dance copyright experts are necessary as well. Third, as the way of copyright protection for choreographers and dancers, an establishment for relation gain and loss about copyrights is necessary when creating dance works and performing, and registration of dance works should be activated. Also, the dancing scene should sign contracts for choreography and performance and this contract culture should be activated, and it should systematically preserve and manage choreography and performance records through basic ways. Hereby, it is considered to prepare a foundation to foster the awareness of dance copyrights and activate dance copyrights.