• Title/Summary/Keyword: Testimony

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Searching the Major Research Domains for Establishing the Korean Criminal Psychology (한국 범죄심리학의 학문적 정립을 위한 주요 연구영역의 탐색)

  • Si Up Kim
    • Korean Journal of Culture and Social Issue
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    • v.11 no.2
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    • pp.109-142
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    • 2005
  • This study was conducted to suggest the research domains of Criminal Psychology, which is needed to improve the disciplinary identity of the Korean Criminal Psychology. Some major textbooks of Criminal Psychology, Forensic Psychology, Legal Psychology are written by korean and foreign psychologists. Major definitions and research domains of Criminal Psychology was compared and reviewed. For aggregating the criminal psychological researches were studied by korean psychologists, a total of 211 articles and papers, which was published by Korean Psychological Association, 5 Sub-psychological Associations, and Korean Law Psychological Association, were reviewed. Several the major research domains in Criminal Psychology was suggested as follows: General psychological theories, aggression·anger·morality, adolescent delinquency, mind and motivations of criminals, victims, investigation techniques, testimony, assessment·counseling·correction·rehabilitation of criminals, prediction and prevention of crime.

Product Liability and Causation in Criminal Law (형법상 제조물책임과 인과관계의 확정)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.17 no.2
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    • pp.3-28
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    • 2016
  • While product liability has been settled as a technical term in civil law, criminal law does not commonly accept technical term for it. Not like civil law, product liability in criminal law point outs individual responsibility and disability of normative order. Meaning that causation between individual's action of violation of duty and the result of danger of legal interest or infringement of legal interest must be proved. In criminal law excluding "non-result-constituted crimes (Unternehmensdelikt)", charge of injuring, accidental infliction of injury, homicide or involuntary manslaughter is problematic in product liability. Of course, it is necessary to distinguish whether the action related to the outcome is act or ommission. Also the causal relationship between the action and the result must be proved, and the intention or negligence should be recognized. In this paper, it analyzes cases that were problematic in Korea, Germany, Spain, etc. Mainly focusing on the problems revealed in the determination of causal relationship, especially recognizing criminal liability related to products. Furthermore it is followed by the view of reviewing the cause-and-effect relationship by 2 steps, dividing natural scientific causation and the normative causal relationship. In this process, to acknowledge criminal product liability in accordance with recognizing cause-and-effect relationship, there should be general risk of specific substance causing the outcome. This only premise can be meaningful to examine the casual relationship from specific cases. As it shows in some cases and theories, it is not contradicting general law of cause and effect by determining specific causal relationship by free evaluation of evidence if a general causal relationship does not exist. Also since judge's testimony does not hold a dominant position from rule of thumb, it is possible to recognize specific causal relationship. However this paper takes position that if there is no objective and reasonably undeniable cause and effect law. If there is no objective and reasonably undeniable causal law, which is the premise for recognizing concrete causal relations, judge should sentence guilty according to "in dubio pro reo" principle. In addition, it is not allowed for the defendant to burden unproven fact by free evaluation of evidence which has an effect of shift of burden of proof.

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Market Segmentation of Converging New Media Advertising: The Interpretative Approach Based on Consumer Subjectivity (융합형 뉴미디어 광고의 시장세분화 연구: 소비자 주관성에 근거한 해석적 관점에서)

  • Seo, Kyoung-Jin;Hwang, Jin-Ha;Jeung, Jang-Hun;Kim, Ki-Youn
    • Journal of Internet Computing and Services
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    • v.15 no.4
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    • pp.91-102
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    • 2014
  • The purpose of this research is to perform the consumer typological study of integrated emerging digital advertisement, where IT and advertisement industry were fused, and to propose the theoretical definition about consumer characteristic which is in need for collection of related market subdivision strategy in perspective of business marketing. For this, the Q methodology, the 'subjectivity' research of qualitative perspective, which discovers new theory by interpreting subjective system of thinking, preference, opinion, and recognition of inner side of respondents, was applied and analyzed. Compared to previous quantitative research that pursues hypothesis verification, this Q methodology is not dependent on operational definition proposed by researcher but pursues for analytic study completely reflecting objective testimony of respondents. For this reason, Q study analyzes in-depth the actual consumer type, which can be found at the initial market formation stage of new service, therefore this study is applicable for theorizing the consumer character as a mean of advanced research. This study extracted thirty 'IT integrated digital advertisement type (Q sample)' from thorough literature research and interviews, and eventually discovered a total four consumer types from analyzing each Q sorting research data of 40 respondents (P sample). Moreover, by interpreting subdivided intrinsic characteristic of each group, the four types were named as 'multi-channel digital advertisement pursuit type', 'emotional advertisement pursuit type', 'new media advertisement pursuit type', and Web 2.0 advertisement pursuit type'. The analysis result of this study is being expected for its value of usage as advanced research of academic and industrial research with the emerging digital advertisement industry as a subject, and as basic research in the field of R&D, Marketing program and the field of designing the advertisement creative strategy and related policy.

The Establishment of Labor Archive and Its New Development Strategy : An Attempt to Build Participatory Archive of the Institute of Labor History in SKHU (노동아카이브의 형성과 발전방향 모색 성공회대 노동사연구소의 '참여형 아카이브' 시도를 중심으로)

  • Lee, Chongkoo;Lee, Jaeseong
    • The Korean Journal of Archival Studies
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    • no.41
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    • pp.175-212
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    • 2014
  • In 2001 a large amount of labor record have been donated from Jeontaeil Labor Archive-Institute to SungKongHoe University(SKHU). Institute of Labor History in SKHU was established in the wake of the installation of the labor archive. Development of oral archive raised the awareness of the various relationships between the use and production of labor record. Interviewees of oral testimony expressed dissatisfaction and the role of the researchers was not sufficiently exhibited. Examining the main cases of Korea union movement history, we can find contradictions between the use and production of labor record clearly. Interval of interpretation and memory was too big between the parties of 'democratic' union movement in the 1970s. While among the parties who took part in Guro Alliance Strike of 1985, there is a group that remains in the "winner" in history on the one hand, but "loser" on the other without any reasonable criterion. Active intervention of the record users(researchers) is very limited. Among citizens or workers how will be resolved such "struggle of memory" in due process can not be seen. This is one of the reasons why labor archive is not rooted in the region. In this paper, I present a methodological alternatives for the production and use of records through the construction of participatory labor archive. Further, the reconstituted contents of the "documenting locality" strategy by complementing the theoretical part of the method of participation. The study of local and locality requires a "scale" dimension that will make up the identity recognition space, a memory and identity, a social relationship rather than the dimension of the physical space. Alternative "documenting locality" strategy will be able to contribute to solve the problems that occur between the production and use of the recording in labor archive.

A Study on the Transmission of 'Soeburi-Song' in Ulsan (울산쇠부리소리의 전승 양상)

  • Yang, Young-Jin
    • (The) Research of the performance art and culture
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    • no.37
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    • pp.157-186
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    • 2018
  • Ulsan Soeburi song was reenacted in the 1980s based on the testimony and songs of late Choi Jae man (1987 death), the last blacksmith of the iron production plant at Dalcheon dong, Ulsan in August 1981. The purpose of this study is to analyze Soeburi song from the musical perspective based on 13 kinds of data including video in 1981, and confirm the changing patterns in the tradition process. The derived results are summarized as follows. In the results of examining Soeburi Song data in 2017, the percussion instruments consist of kkwaenggwari 2 (leading small gong 1, follow small gong 1), jing 2 (large gong 2), buk 4 (drum 4), janggu 4 (double headed drum 4), taepyongso 1 (Korean shawm 1), and Jangdan (rhythm) consists of five such as Jilgut, Jajinmori, Dadeuraegi, Deotbaegi, Jajin Deotbaegi. The vocal songs are sung accompanied by the Deotbaegi Jajin Deotbaegi (beat) of quarter small triplet time, or without accompaniment. The scale is mostly Mi La do's third note or Mi La do re's fourth note, and the range does not exceed one octave. All the cadence tones are the same as La. From the results of observing Soeburi song performance until today after the excavation in 1981, it is found that there are four major changes. First, the composition of the music is differentiated into 'long Jajin (slow fast)', and , , and are added. Second, the singing method is based on 'single cantor + multi post singers' since 1980's reenactment, and a single post singer was also specified from time to time. In addition, , which was performed in 2013, became the foundation of . Third, a melodic change of was observed. All beat structures are quarter small triplet time, but the speed gets slow, Mi La do's three notes are skeletonized to be corrected with high re and low sol, and then the characteristics of Menari tori (the mode appeared in the eastern province of the Korean peninsula) are to be clear. Lastly, the four percussion instruments such as kkwaenggwari, jing, janggu, and buk are frequently used, and depending on the performance, sogo (hand drum), taepyongso, yoryeong (bell) are also added. Jangdan played Jajinmori, Dadeuraegi, Deotbaegi and Jajin Deotbaegi from the beginning, and thereafter, the Jilgut Jangdan was added. Through these results as above, it is confirmed that at the time of the first excavation, a simple form of such as has been changed into a male labor song, the purpose of which has changed, and that the playability has become stronger and changed into a performing arts.

A Study on the Transitional Aspects in Korean Gardens that Reflected of the Korean Folk Village 'Oeam-Ri' (외암리 민속마을에 나타난 한국정원의 전환기적 양상)

  • Lee, Won Ho
    • Korean Journal of Heritage: History & Science
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    • v.42 no.1
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    • pp.100-121
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    • 2009
  • This study is subjected to those gardens of the Korean Folk Village 'Oeam-Ri' designed in 1920s. - transitional period of traditional gardens - and define socio-cultural change's influences and through documents on garden design, descendant's testimony and measured drawings, to understand that period's garden culture's characteristics according to garden design elements. This study applied following analysis methods and procedures to derive out characteristics of transitional garden culture. Analysis on socio-cultural characteristics in 1920s. Analysis on actual condition of transitional garden's design. In this point Outline of the Garden, Space formation, Garden designing elements are (1) water landscape, (2) plant, (3) structures, (4) paving, to derive out characteristics of the transitional garden. The results follow as below; First, during the transitional period 1920s, the economical development, fueled by opening nation's door to foreign countries and indication of collapse of statue systems together with idea of practical science and Enlightenment Thought, was element of changes in garden style. Second, Garden Designers of transitional gardens in 'Oeam-Ri' were limited to upper class of the society. They were wealthy enough to maintain their high social statue in rapidly changing society. As results, tendency of returning to nature developed gardens located in a site of scenic beauty and development of geographical features arranging techniques, and also showed copying foreign styles. Third, arrangement of garden and space composition, in most cases, composed of buildings and yards. Changes in water landscape features and garden spaces are centered to main-yard. Major changes of the garden spaces are water landscapes and plants that showing foreign influences. Fifth, scenic appearance techniques appears with dense garden space and emphasizing visual scenic view. Sixth, the characteristics of transitional garden design techniques are development of geographical feature arranging techniques, changes and mixture of the materials and garden types, emphasizing garden's decorative beauty, change of concept of yard within house into garden, changes from 'borrowing of landscapes' to 'selecting landscapes', changes of front garden from emptiness to fullness, changes of attitudes of enjoying gardens from 'staying calm in the garden' to 'moving or walking in the garden', changes to inner-oriented view, and changes from 'just watching and enjoying the nature' to 'enjoying specific objects'. This study is one of the efforts to restore the identity of Korean Traditional Garden by approaching and observing modern era which function as bridge between tradition and present day, and we observed transitional aspects of changes of traditional garden into modern garden. Hereafter, more studies will be needed to Modern Garden Design be recognized as part of Korean Garden Design History and these would be author's next assignment.

The Origin of the Square-Shaped Jangmyeongdeung of Jeongneung Royal Tomb and Its Stylistic Development -In Comparison with the Buddhist Temple Stone Lanterns- (조선 정릉(貞陵) 사각 장명등(四角長明燈) 양식의 원류와 전개 -사찰 석등과의 비교를 통해 -)

  • Kim, Ji Yeon
    • Korean Journal of Heritage: History & Science
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    • v.43 no.4
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    • pp.24-55
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    • 2010
  • Jangmyeongdeung Lantern (貞陵長明燈) refers to the stone lantern placed in front of the royal tomb. It serves both symbolic and decorative purposes; symbolic because it is supposed to guard and illuminate the buried, and decorative because it is a work of sculpture that adorns the entire graveyard. The Jangmyeongdeung of Jeongneung was the earliest stone lantern to be produced during the Joseon period. Its square shape is unique among those from the early to mid-Joseon period. The three major parts of Jangmyeongdeung - the stand, the lantern, and the roof-shaped cover parts - are square in shape, differing from the octagonal shaped Jangmyeongdeung. The stand consists of three single stone blocks, the Hadaeseok(下臺石), Ganjuseok(竿柱石), and Sangdaeseok(上臺石). The Hwasaseok(火舍石), or the lantern part, is also a single stone block. Jangmyeongdeung of Jeongneung succeeds the style of those of Hyeon-neung and Jeongneung(玄正陵) of the Goryeo period and is of a better artistic quality. As the first Jangmyeongdeung lantern, it is a refined work of art that marks the foundation of the Joseon Kingdom. This paper tries to ascertain the stylistic origin of the square-shaped Jangmyeongdeung of Jeongneung and compare it with those of Buddhist temples. Consequently, similarities were found among the stone lanterns of Zen priests 'Jigong'(指空) and 'Nawong'(懶翁) in the Hweamsa Temple(檜巖寺) site from the late Goryeo period, those of Zen priest 'Muhak'(無學) of the Hweamsa Temple site, and those of national priest 'Bogak'(普覺) of Cheongnyongsa Temple(靑龍寺) from the early Joseon period. Primarily, this is because the three components(the stand, the lantern part, and the roof-shaped cover) are essentially square-shaped. Second, as the Ganjuseok(one of the components of the stand) became shorter, the stand took a more stable form. Third, the Hwasaseok(the lantern part) consists of two stone blocks joined together. Fourth, the roof-shaped cover is also in square in shape. Similarly, the Jangmyeongdeung of Jeongneung contains Buddhist elements as well. The three-bead pattern that decorates the Ganjuseok stand is an example. The three-bead pattern is one of the symbolic elements related to Tantric Buddhism. It is found on the diadems worn by Bodhisattvas from the Goryeo and early Joseon periods. The Jangmyeongdeung of Jeongneung in early Joseon directly influenced the production of the square-shaped stone lanterns used to decorate the tombs during the Joseon period. After the latter half of the 15th century, however, the octagonal-shaped Jangmyeongdeung style began to prevail. The Jangmyeongdeung of Jeongneung reflects the succession of the tradition of royal tombs from Goryeo to Joseon, the introduction of square-shaped stone lanterns to Buddhist temples, and the influence of the Buddhist philosophy of the time. It is a living testimony to various elements of each time and corresponding cultural trends.

A Study on the Construction Date of the Five-story Stone Pagoda at the Dongsa-ri Temple Site in Buyeo (부여 동사리사지(東寺里寺址) 오층석탑 건립 연대 고찰)

  • Kang, Samhye
    • MISULJARYO - National Museum of Korea Art Journal
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    • v.99
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    • pp.50-71
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    • 2021
  • The Five-story Stone Pagoda from the Dongsa-ri Temple Site in Buyeo, dated to early Goyeo Dynasty, is valuable in that it is the southernmost example of the capital Kaesong pagoda style. This pagoda exhibits characteristics of the central Goryeo style featured in the pagodas built in and around the capital Kaesong, such as the diagonally curved section of the support for the cover stone above the upper stereobate. It also shares stylistic affinities with eleventh-century stone pagodas. The ansangmun (elephant eye patterns) in the lower stereobate of the Dongsa-ri Five-story Stone Pagoda resemble those in the pedestal of the Stone Seated Buddha (which was likely repaired in 1028 during the reign of King Hyeonjong), at the Jeongrimsa Temple site in Buyeo. It also reflects elements found in the flagpole supports from the Cheonheungsa Temple site in Cheonan. The sculpting techniques used in these patterns are also similar. Such congruencies suggest that the Dongsa-ri Five-story Stone Pagoda was built in the eleventh century. The Dongsa-ri Temple Site in Buyeo, located near the Geumgang River, served as a principal route for transporting grain-tax during the Goryeo Dynasty. It was also situated along the way to the Goryeo royal temple, Gaetaesa Temple. The geographical significance of the site and the extensive repairs undertaken at Jeongrimsa Temple during the reign of King Hyeonjong (r. 1009-1031) of the Goryeo Dynasty appear to have impacted the production of the Dongsa-ri Five-story Stone Pagoda. The Dongsa-ri Five-story Stone Pagoda also bears stylistic resemblances to the stone pagoda and flagpole supports found at neighboring Cheonheungsa Temple, which is presumed to be related to the establishment of Honggyeongsa (or Honggyeongwon) Temple in 1021 in Cheonan. This indicates the route of the transmission of the Kaesong pagoda style. The Five-story Stone Pagoda from the Dongsa-ri Temple Site pays testimony to the cultural accomplishments of eleventh-century stone artworks in Buyeo and adjacent regions. This pagoda embodies the majestic and assertive aesthetics that define of the Goryeo Dynasty, as do early Goryeo colossal Buddhist sculptures, including the Stone Standing Maitreya Bodhisattva at Daejosa Temple in Buyeo, the Stone Standing Buddha Triad at Gaetaesa Temple in Nonsan, and the Stone Standing Maitreya Bodhisattva at Gwanchoksa Temple in Nonsan. All of these bear similarities to the massive stone lantern and pagoda at Hyeonhwasa Temple in the capital Kaesong. The production of the light, sleek, sharp, and sophisticated Dongsa-ri Five-story Stone Pagoda is presumed to reflect the maturity of the cultural competence of the people in Dongsa-ri, Buyeo under the influence of Buddhist culture from the capital Kaesong during the eleventh century, a time marked by active cultural exchanges among regions.

The Fieldwork of Sinawi and the Establishment of Musical Theory in the Late 20th Century (20세기 후반기 시나위의 현장 조사와 음악이론의 성립)

  • Choi, Sun-A
    • (The) Research of the performance art and culture
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    • no.34
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    • pp.355-382
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    • 2017
  • In this study, pieces of statements of sinawi successors, which served the ground of sinawi theory of Lee(that are found only in reports and theses) were searched from notebooks or cassette tapes of Lee. Then, this study tried to trace the process that the theory of sinawi was established based on the fieldwork of sinawi and relevant data, and to shed light on the significance. With the understanding from the early days that life of minsokak can be found in musical scenes in the region, Lee wandered around the scenes of minsokak(folk music) in the nation, recorded minsokak, and collected dialogues with successors of minsokak with about 2,000 cassette tapes and 300 notebooks. Especially, in the fieldwork data on sinawi that Lee possesses contain dialogues with the newly found sinawi successors that Lee found in the scene of sinawi in Gyeonggido province, Jeollado province, and Gyeongsangdo province over numerous visits for over 20 years from the early 1970s. Sometimes the record includes improvised sinawi performance. As the fieldwork of sinawi by Lee was conducted comparatively early, there are a lot of testimonies of successors who remember the sinawi scene of the past. Using these data, Lee published theories related to sinawi on reports and theses. His representative thesis is about 'Sinawi Chung'(1979). After listening to the testimony of Younghee Ji, the master of Gyeonggi haegeum sinawi in his first fieldwork of sinawi, he started his research on sinawi chung of piri, daegeum, and haegeum in Gyeonggido province and Honam area. Based on the testimonies on sinawi chung of 11 sinawi successors, Lee published 'Sinawi Chung'. In 1987, he extended the scope his research to sinawi-kwon(圈), which includes Gyeongnam area, found 12 new sinawi successors in Gyeonggi, Honam, and Gyeongnam areas, and based on their testimonies, complemented the theory of sinawi chung and published it. Fortunately, most of the dialogues with sinawi successors quoted in his reports or theses are recorded in his notebooks or cassette tapes. When these data are released, it is expected that a new theory of sinawi or minsokak will be born.

The Suggestions to harmony between Yeongnam(East)-Giho(West) region using friendly relationship of Confucian in Joseon Dynasty (영남 유학과 기호 유학의 소통 사례와 지역갈등 융화 방안)

  • Kim, Moon Joon
    • The Journal of Korean Philosophical History
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    • no.54
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    • pp.9-42
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    • 2017
  • It is as necessary as ever to make constant efforts to overcome the regional strife between the eastern and western parts of Korea and come to a mutual understanding. To achieve this, we must endeavor to correct Korean people's distorted understanding of the history of Korean philosophical thoughts. Ordinary Koreans commonly and mistakenly associate the academic circles of Korean Neo-Confucianism with certain regions by which to divide them into Giho School and Yongnam School and then go as far as associating the schools and parties and pegging them 'Namin'(南人) to refer to as the followers of Yongnam School and 'Seoin'(西人) as the followers of Giho School. Such false notions must be corrected. During the reign of King Seonjo, political factions of Joseon were split into Yongnam and Giho, or East and West. At the time, the two cardinal directions East and West were only used to refer to the eastern and western parts of Seoul, and not Yeongnam(East) and Giho(West) of the Korean Peninsula. Therefore, the factional split at the time has nothing to do with regional cleavages. In fact, a majority of scholars representing Korean Neo-Confucianism maintained a friendly relationship regardless of the school, party, and region. Many leading scholars in the middle of the Joseon Dynasty namely Jo Sik(曺植)/Seong Woon(成運), Lee Hwang(李滉)/Ki DeaSeung(奇大升), Lee Hwang(李滉)/Lee Yi(李珥), Noh Susin (盧守愼)/Lee Yi, the ones in the late Joseon Dynasty -Jeong Gyeong Se(鄭經 世)/Kim Jang-Saeng(金長生), Jeong Gyeong Se(鄭經世)/Song Joon Gil(宋浚吉), and also those at the end of the Joseon Dynasty such as Kwak JongSeok(郭鍾錫) and Kim BokHan(金福漢) deeply respected each other and had a close friendship rooted in their academic commitment. The friendship between the leaders of Giho and Yongnam is a testimony to the high level of their character, academic achievement, and intellect. More than ever, such intangible intellectual and cultural resources drawn from Korean tradition must be utilized to the fullest. From this point on, we need to further promote the friendship and mutual understanding the scholars of Yongnam(Gyeongsang-do), Gyeonggi, Honam (Jeolla-do), and Hoseo(Chungcheong-do) enjoyed, and use them as a cognitive basis for harmony between the eastern and western parts of the country. These invaluable assets can be specifically used in the promotion of exchange between the local autonomous governments of the regions where above-mentioned scholars built an amicable relationship, joint commemorative events, exchange between families of the scholars of both regions, opening of special exhibitions dedicated to the harmony between Yongnam and Giho at museums in the two regions, co-organization of local festivals, joint operation of culture programs, and relationship and exchange between the 'seowons' in both regions, through which to promote the long history of exchange between the scholars of the past and utilize it in joint projects.