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A Study on the Records of Presidential Impeachment in 2004 in the Public Domain (공공영역의 2004년 대통령 탄핵사건 기록)

  • Oh, Myung-Jin
    • The Korean Journal of Archival Studies
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    • no.32
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    • pp.45-78
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    • 2012
  • The significance of Presidential Impeachment in 2004 is subject to interpretations in many different contexts, but its nature as its justice was the constitutional trial by the nation's impeachment system. This study set out to compare and analyze the understanding of the event centered around its nature as "an impeachment event as a public activity" and the records related to it. For that purpose, the study attempted to analyze the impeachment event to understand it as a public activity and examined and analyzed the records of the impeachment event in the public domain through personal visit, phone interview, and request of information disclosure based on the analysis results. An impeachment event as a public activity can be understood as an activity carried out by the National Assembly, which is to issue a motion for impeachment under the norms of the nation's impeachment system, and Constitutional Court, which is responsible for impeachment trial, through their unique rights prescribed in the Constitution. The important subjects of such a public activity included the accused president, the acting presidential system created by the motion for impeachment, and the National Election Commission that provided a decisive ground for impeachment. It was confirmed that the records, which are legal requirements, were well created and have been preserved and managed in the public domain. However, it was difficult to conclude that the records of the impeachment event were thoroughly created in terms of content in relation to affairs as they mainly covered the superficial treatment processes and the results of explicit activities. There was, in particular, the absence of records showing the context of activity.

An Analysis of the Literature Sources of Sikuquanshuzongmoktiyao (『사고전서총목제요』 문헌 출처의 분석)

  • Han, Mikyung
    • Journal of the Korean Society for Library and Information Science
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    • v.53 no.2
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    • pp.295-312
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    • 2019
  • This study was conducted with a view to investigating and analyzing classification and types of literature sources of Sikuquanshuzongmutiyao and the results of this study are as follows. First, the literature sources of Sikuquanshuzongmutiyao were classified mainly into five types including national version, provincial version, individual version, public official version, and societal distribution version. Second, court and Emperor's version was classified as national version, while literatures collected from state and province were classified as provincial version. Third, each of individual version and public official version, which were not clearly differentiated from each other due to their being named private version, were distinctively and separately classified. They were classified into individual version if associated by province name and book owners' names and into public official version if associated by public post names and public official's name. Fourth, societal distribution version included distributed and purchased versions in the society of those days. Fifth, in terms of the number of literature listed in all descriptions of Sikuquanshu, provincial version, national version, individual version, public official version, and societal distribution version were more found in the descending order. Sixth, it was found out that causes are being a little more stressed in the description of reference names of Sikuquanshuzongmutiyao through 1) public post names on public official version, 2) company names on private version, and 3) names of societal distribution version instead of sales version.

A Study on the Charge of Using the Internet Network - Focusing on U.S. Internet History and Charter Merger Approval Conditions Litigation - (인터넷 망 이용의 유상성에 대한 고찰 - 미국 인터넷 역사 및 Charter 합병승인조건 소송 중심으로 -)

  • Cho, Dae-Keun
    • Journal of Internet Computing and Services
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    • v.22 no.4
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    • pp.123-134
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    • 2021
  • This paper suggests that the Internet is not free through analysis of U.S. Internet history and lawsuits related to the Charter merger in 2016. Generally speaking, the players in internet connectivity market agree to Non-Disclosure Agreement, when connecting their facilities and networks each other. So, I adopted the case study & analysis as research methodologies due to limitation of collecting the transaction data between them. The former finds that Internet access has never been free in U.S Internet history. As we know, some including Content Providers(CPs) argue that the Internet is a free network and there are many cases to use the internet for free, so they came to conclusion that ISPs have no right to charge the users like CPs. This study refutes these arguments in two ways. One is that using the internet has never been free. From ARPANET, known as the beginning of the U.S. Internet, to the commercialization of backbone, no Internet has been considered or implemented for free since the early Internet network was devised. Also, the U.S government was paying subsidies or institutions were paying fees to secure network operations for the NSFNET backbone. the other is that "free peering" refers to barter transactions between ISPs, not to free access to counterpart internet networks. Second, this study analyze the FCC' executive order of conditioned merger approval and the court's related ruling and verify that using the internet is not free. According to the analysis, this study finds that it's real situation to make paid settlements between ISP-CPs (including OTTs) in the US Internet market at the moment. This study concludes that the Internet has never been free in terms of its technical characteristics, network structure, network operation, and system. Also it proposes how to improve the domestic settlement system between ISPs-CPs in terms of policy and regulation.

A Study on Joseon Royal Cuisine through Sachanbalgi of the Jangseogak Archives - Focusing on Royal Birthday, Child birth, Weddings and Funerals- (장서각 소장 사찬발기를 통한 조선왕실의 사찬음식 연구 - 탄일, 출산, 가례, 상례를 중심으로 -)

  • Chung, Hae-Kyung;Shin, Dayeon;Woo, Nariyah
    • Journal of the Korean Society of Food Culture
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    • v.34 no.5
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    • pp.508-533
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    • 2019
  • This study investigated the Sachanbalgi, which record the royal feasts given by the royal family of the Joseon Dynasty of Korea. These records are contained within the Gungjung Balgi, which recorded the types and quantity of items used in royal court ceremonies. The Eumsikbalgi is the general name for the records of food found within this document. Using these Eumsikbalgi, and in particular the Sachanbalgi, this study investigated the food eaten and bestowed by the Joseon royal family. The Sachanbalgi describes four categories or occasions of feasts: royal birthdays, childbirth, royal weddings, and funerals. These records allow us to reconstruct who the attendees were and what the table settings and food were for instances not directly indicated in oral records, books, or other documents. The food at these Sachan (feasts) was diverse, being related to the specific event, and its contents varied based on the position of the person who was receiving the food. Usually, Bab (rice) was not found at a Sachanbalgi, and only on two occasions were meals with Bab observed. Specifically, it was served with Gwaktang (seaweed soup) at a childbirth feast. There were seven kinds of soups and stews that appeared in the Sachanbalgi: Gwaktang, Yeonpo (octopus soup), Japtang (mixed food stew), Chogyetang (chilled chicken soup), Sinseonro (royal hot pot), and Yukjang (beef and soybean paste). Nureumjeok (grilled brochette) and Saengchijeok (pheasant), and Ganjeonyueo (pan-fried cow liver fillet) and Saengseonjeonyueo (pan-fried fish fillet) were eaten. Yangjeonyueo, Haejeon, Tigakjeon (pan-fried kelp) and other dishes, known and unknown, were also recorded. Boiled meat slices appeared at high frequency (40 times) in the records; likewise, 22 kinds of rice cake and traditional sweets were frequently served at feasts. Five kinds of non-alcoholic beverages were provided. Seasonal fruits and nuts, such as fresh pear or fresh chestnut, are thought to have been served following the event. In addition, a variety of dishes including salted dry fish, boiled dish, kimchi, fruit preserved in honey, seasoned vegetables, mustard seeds, fish, porridge, fillet, steamed dishes, stir-fried dishes, vegetable wraps, fruit preserved in sugar, and jellied foods were given to guests, and noodles appear 16 times in the records. Courtiers were given Banhap, Tanghap, Myeonhap, wooden bowls, or lunchboxes. The types of food provided at royal events tracked the season. In addition, considering that for feasts food of the royal household was set out for receptions of guests, cooking instructions for the food in the lunchbox-type feasts followed the cooking instructions used in the royal kitchen at the given time. Previous studies on royal cuisine have dealt mostly with the Jineosang presented to the king, but in the Sachanbalgi, the food given by the royal family to its relatives, retainers, and attendants is recorded. The study of this document is important because it extends the knowledge regarding the food of the royal families of the Joseon Dynasty. The analysis of Sachanbalgi and the results of empirical research conducted to reconstruct the precise nature of that food will improve modern knowledge of royal cuisine.

Analysis of Research Trends in the 30 Years of 'Journal of Arbitration Studies' ('중재연구' 30년간의 연구동향 분석 - 한국중재학회 창립30주년에 즈음한 학술연구 동향분석 -)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.31 no.2
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    • pp.3-22
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    • 2021
  • Civil and commercial disputes can be resolved through alternative dispute settlement systems other than court proceedings. Among them, the arbitration procedure is a system that is clearly distinguished from the mediation procedure in which the dispute is terminated by agreement between the parties. The arbitration proceedings shall have the same effect as the result of the final judgment by the decision of a third-party arbitrator, and its essence is a judgment. The Korean Arbitration Association Studies was founded in December 1990 to recognize the importance of arbitration procedures and conduct specialized research on them, with professional research on 'arbitration procedures' continuing until today. Thus, the Korean Arbitration Association Studies is positioned as the only specialized research organization in the field of arbitration. In the case of the Korean Arbitration Association Studies, which is the only society in Korea related to arbitration and alternative dispute resolution, the members are mainly scholars majoring in trade and commerce and ones majoring in law. This situation reflects the distinctive character of the arbitration system because it is a matter of dispute procedures related to trade and commerce and many scholars who research trade and commerce need to prepare for possible disputes. In addition, the arbitration procedure is a dispute settlement procedure that substitutes for litigation because it has research value as a legal system. In particular, the 'Journal of Arbitration Studies' published by the Korean Arbitration Association plays a role in mediation, as well as mediation and presentation of research papers in the ADR field. This study analyzes the trends of mediation and ADR-related papers published in 'Journal of Arbitration Studies', an academic journal of the Korean Arbitration Association Studies, in four dimensions, celebrating the 30th anniversary of the Korean Arbitration Association Studies. First, this study examined which sub-themes are mainly studied among the various viewpoints of mediation through thematic analysis. Second, it looked at what methodology was used to study intervention at the methodological level. Third, it assessed what countries and regions had been mainly studied at the regional level. Fourth, in terms of content, what kind of research had been mainly conducted and what kind of research was relatively insufficient was investigated, analyzing the research results of the last 30 years and presenting a milestone for the research direction of 'Journal of Arbitration Studies' in the future.

The Periodical Formation and Phase of Change of Cheongpyeongsa Temple Zen Garden (청평사(淸平寺) 선원(禪園)의 시대적(時代的) 형성(形成)과 변천상(變遷相))

  • Yoon, Young Hwal
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.29 no.1
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    • pp.1-13
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    • 2011
  • Cheongpyeongsa Temple was originally built in the early years of Goryeo Dynasty, but its current structural framework was made by the Lord Jinrakgong Lee Ja Hyeon(1061-1125) of the middle Goryeo period based on the Zen thought after he began living in the Cheongpyeong mountain around the temple in 1089. The purpose of this study is to conceptualize, based on old documents, historical changes of the appearance and survival of man-made structures with in the Zen garden formed and developed after Lee Ja Hyeon laid the foundation for Munsuwon Zen garden. Among the eight, outside-the-temple hermitages built at the time of Lee Ja Hyeon's Munsuwon Zen garden, only three hermitages, which are Sik-am, Gyeonseong-am, Yangshin-am had been remaining thanks to restoration and repair until late Joseon Dynasty and preserved as symbolic hermitages. Also, the Yeongji Pond built at the time of Lee Ja Hyeon still remains as precious landscape relics which is meaningful as a genuine Goryeo-period pond. The nine pine trees said to be planted by Lee Ja Hyeon remained until middle 1800s through their descendant trees. When the Buddhist monk Bowoo Daesa(1509-1565)changed the name to Cheongpyeongsa Temple in middle Joseon based on the Munsuwon Zen garden built by Lee Ja Hyeon and greatly expanded it, he newly built and expanded all buildings inside the temple except for Neunginjeon(main temple building), resulting in the present temple structure. In addition, by greatly enhancing the level of scenery by reconstructing Yeongji Pond outside the temple area and transplanting garden plants from the royal court, he made Cheongpyeongsa Temple the most prosperous Zen garden in its history. But after the mid-1800s, which is late Joseon period, Cheongpyeongsa Temple failed to thrive further and began to decline, and so currently most buildings of the Zen garden have disappeared except for some parts of the temple and other facilities are neglected.

The politics of shadow education market expansion in Korea: Focused on mobilization capabilities and strategies of suppliers (한국 사교육 정책의 작동 메커니즘에 대한 정치적 분석: 공급자의 동원능력과 시장전략을 중심으로)

  • Hwang, Gyu-Seong
    • 한국사회정책
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    • v.20 no.2
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    • pp.233-260
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    • 2013
  • Despite various policies have been implemented to curb shadow education in Korea, it has continued to grow in recent two decades. This study investigates the expansion mechanism of shadow education focused on mobilization capabilities and market strategies of the suppliers. The success and failure of policy toward shadow education depends on how effectively it could block off the way by which the suppliers as the most important actors in politics of shadow education market mobilize consumers' anxieties. But shadow education policies have failed in two points. First, they have lacked honest intention to stop its proliferation. The Constitutional Court Decision Against Anti-Out-Of-School Classes Legislation of 2000 widened the windows of opportunity for the suppliers, and 5.31 educational reform of 1995 was neutral to their mobilization capabilities, though seemingly designed to control shadow education. This policy orientation, which reflected neoliberal Gesinnungsethik defective of Verantwortungsethik, stimulated shadow education to expand in that suppliers' mobilization capabilities were reinforced or remained intact. Second, shadow education suppliers have succeeded in mobilizing the desire and anxiety of potential consumers. To cope with government's policy including improving the qualities of public education, realignment of college entrance systems, and meeting the shadow education needs, they have developed various market strategies such as management of existing demands, creation of responsive demands, and squeezing out new demands. They have succeeded in nullifying policies by employing or mixing strategies with effect. Policy decisions in the future need to be made with reference to Verantwortungsethik, and be more cautious to socio-political contexts of Korea, to mobilization capabilities and market strategies of the suppliers in particular.

Measuring Equal Weighted Voting to the Local Council Elections and the Apportionment: Focusing the 4th to the 6th Metropolitan Council Elections (지방의회 선거의 표의 등가성 측정과 선거구획정: 제4-6회 시·도의회의원 선거를 중심으로)

  • Kim, Jeong Do;Kim, Gyeong Il
    • Korean Journal of Legislative Studies
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    • v.24 no.1
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    • pp.241-276
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    • 2018
  • This article measures equal weighted voting to evaluate the fairness of a redistricting system operated in the $4^{th}$ to the $6^{th}$ metropolitan council elections using a new index. The cosine square index using in the article would be useful on what we see the ratio of the equality of population among metropolitan regions and the fairness of the whole electoral system, along with its simple calculation. The results of the fairness of the $4^{th}$ to the $6^{th}$ metropolitan council elections calculated by the cosine square index are as follow: Because the $4^{th}$ metropolitan council election uniformly elects two members for each electoral district regardless of the size of the population, it has a low equality of population between districts. But as a result of the decision of the Constitutional Court in 2007, standard of population variation in electoral district has been strengthened to 4 : 1 from the $5^{th}$ metropolitan council election. It increases significantly equality of population between districts from the $5^{th}$ metropolitan council election. But in the elections from the $4^{th}$ to the $6^{th}$ metropolitan council elections, Rural electoral districts continuously show the lowest equality of population between districts. It also shows the growing disparity between urban and rural areas as well as between capital and non-capital. This paper emphasizes that electoral apportionment in local council elections should reflect regional diversity and community identity.

Trademark Protection In The Fashion Industry with ICT Issues (패션산업의 상표권 보호 및 ICT 쟁점 - Louboutin 사건, Levi 사건에 대한 분석을 중심으로 -)

  • Lee, Jae-Kyoung
    • Journal of Legislation Research
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    • no.44
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    • pp.185-209
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    • 2013
  • With the broader range of information and communications technology, of which fashion is a foundational medium, to analyze fashion as an information technology in order to better understand the industry's desire for intellectual property protection, popular resistance to such protection, and the most efficacious balance between them in terms of creative expression. It is, therefore to be focused on cultural and historical reasons for the limited degree of intellectual property protection extended in the past to certain categories of human creativity, including fashion design. So, the question of why some tension still exists between creators and consumers of fashion, how information theory can contribute to an explanation for that tension, and what role law can play in its resolution with Louboutin case and Levi case. Consumers and designers alike are better served by promotion of fair competition, lower litigation costs, and the inventive synergy of the fashion industry. Louboutin shows the comfortable, respectful limits of trademark law, while Levi illustrates the dangerous, overreaching deference that a few circuits have granted to famous marks. The Supreme Court could clarify the standard for dilution claims, requiring that a junior mark be "identical or nearly identical" or even "significantly similar" to a senior mark. Courts should need a deference in making dilution determinations and can choose to make this factor quite subjective with the highest degree of similarity.

A View on In-house Subcontract Workers in Hyundai Motor Company (현대자동차 비정규직 문제를 바라보는 시각과 해결을 위한 제언)

  • Park, Tae-ju
    • Korean Journal of Labor Studies
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    • v.19 no.1
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    • pp.105-137
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    • 2013
  • This paper proposes to examine the relationship between the two trade unions of Hyundai Motor Company (HMC) - those of the regular workers and of the in-house subcontract workers - around the issue of converting irregular workers to regular ones, which has been a social issue for a long time, and, furthermore, to find a desirable solution. The politics of the in-house subcontracting rotate around three axes: the conflictive collusion between the company and the regular workers'union regarding the internal labor market; the exclusion and resistance between the company and the subcontract workers'union; and the solidaristic conflict relationship between the two unions. After the final decree by the supreme court in 2012 the conflict and collusion/solidarity relationship of the three social actors have been amplified in scale - the continuous limping of the special bargaining between the company and the unions, the intensified conflict between the company and the subcontract workers'union, and the crisis of the collusion between the branches of the two unions are all evidence of this. A clue to the solution to the issues of in-house subcontracting in HMC can be found through reestablishment of the relationship among the three actors. In order to solve the in-house subcontracting issues in HMC, phased and lawful switching from irregular to regular positions, improvement of working conditions for the irregular workers, integration of the two unions (realization of 'one company one union'), and negotiated flexibility in the internal labor market will be required. Also to be considered are installation of a special committee for the issue, and utilization of external consultants. The result would be the possibility for the corporate labor market of HMC to be composed of regular workers, legal contract workers and directly-employed contract workers, which could be realized through bilateral relations of 'the labor and management conflict partnership'.