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Cambodia's 2018 General Elections: The Dissolution of Cambodian National Rescue Party and Regressive Electoral Authoritarianism (캄보디아의 2018년 총선: 캄보디아구국당 해산과 퇴행적 선거권위주의)

  • JEONG, Yeonsik
    • The Southeast Asian review
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    • v.28 no.4
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    • pp.197-221
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    • 2018
  • The Cambodian People's Party swept all 125 assembly seats with 76.78% of the vote in 2018 general elections. The Cambodian National Rescue Party, having been dissolved by court, was excluded from the election and attempted to nullify the legitimacy of the election by demanding its supporters to boycott the election. The Cambodian People's Party launched a campaign encouraging to vote in a desperate need to thwart the boycott movement. The election then became an unprecedented kind of competition the winner of which is decided not by the percentage of the vote but by turnout. The Cambodian People's Party was the winner with the high turnout of 82.89%, securing the means to defend the legitimacy of the election. The potential supporters of the Cambodian National Rescue Party spread out with about a million voters switching to support the Cambodian People's Party. Over a half million invalid votes that unequivocally voiced opposition to the Cambodian People's Party were not sufficient to deny the legitimacy of the election. Having experienced the fierce competition in the 2013 general elections that threatened to end its rule, the Cambodian People's Party decided to secure its power in the upcoming election and executed a tactic designed to remove the rival party through legal means. Competition being removed, the Cambodian political system decayed back to hegemonic electoral authoritarianism from competitive electoral authoritarianism to which it had mad gradual progress through the general elections in the past.

The Tilting Vessels: Visualizing Anecdotes from the Life of Confucius (공자 고사의 시각화 - 기기도(欹器圖) 연구)

  • Song, Heekyung
    • (The)Study of the Eastern Classic
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    • no.62
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    • pp.263-289
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    • 2016
  • Confucius, whose life coincided with the Warring States period of China, is one of the most respected sages in world history whose teachings and life produced countless disciples in China, Korea, and Japan. There are innumerable pictures, sculptures, and other artworks that portray memorable deeds of Confucius and interesting anecdotes that involve his pupils. One of the most popular subjects for these Confucian portrayals is the anecdote in which Confucius and his pupil, Zhi Ru, discover a tilting vessel at an ancestral shrine in the Lu dynasty and use it to understand the doctrine of the mean. The vessel becomes the basis for the famous Chinese expression, "the cautionary vessel beside one's seat," which is nowadays used to denote one's motto for life. Portraits of these tilting vessels can be divided between those showing the vessels only and others that show Confucius observing the vessels. The former serve as visual reminders, for rulers and policy makers, of the doctrine of the mean that is necessary to fair and righteous governance. The latter form part of the pictorial biography of Confucius with educational content and messages. Interestingly, portraits of Confucius observing or studying tilting vessels have been famous among members of the royal court and the literati, circulated either as single artworks or included in the folding screens of human portraits. Portrayals of other Confucian anecdotes are mostly found in albums that visualize the genealogy of the Way; in contrast, the portraits of Confucius and the tilting vessels were included in folding screens that were popular among the literati that enjoyed stylish works of art and antiques. The portraits of tilting vessels thus highlight the diverse functions and symbolic value of human portraits. This study classifies the portraits of tilting vessels into various forms, and analyzes the period-and objective-dependent changes and characteristics in these portraits. With its exploration of the diverse functions and aspects of portraits of Confucian anecdotes, this study will shed new light on how ancient artists reanimated the lives of great sages and how these artworks differ in their expressions and styles.

Dazaihu Diplomacy Between United Silla and Japan (통일기 신라와 일본의 대재부외교(大宰府外交)와 그 의미)

  • Cho, lee ok
    • (The)Study of the Eastern Classic
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    • no.73
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    • pp.91-117
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    • 2018
  • In the tribute system controlling international relations of pre-modern East Asia, conciliation diplomacy between royal authorities was a principle of diplomatic relations among each nation. Therefore, capitals where royal authorities really existed were political centers and diplomatic stages at the same time. Notably, diplomatic relations between United Silla and Japan were maintained dually by conciliation diplomacy between royal authorities and practical diplomacy through Dazaihu located in Tsukushi. Tsukushi located at the northwestern tip of Kyushu was a gateway to foreign nations and stronghold in terms of national defense. Amidst an East Asian war named Baek River Battle in 663, the royal court of Daehwa established Dazaihu here because it was necessary for diplomatic and military responses. Dazaihu established as part of diplomatic negotiation not only took diplomatic functions as an official residence since the latter half of the 7thcentury. and but also was used as a stage of official diplomacy between Silla and Japan. Diplomatic negotiation between Silla and Japan through Dazaihu was made in practical methods and such a situation could be confirmed through diplomatic documents exchanged between Silla and Dazaihu in the middle of the 8thcentury. At that time, protocols became an importan tissue.

The Meaning of Evaluating Ha-Seo in the Historical Context - Through demonstration based on comparison of materials related to lifetime (하서(河西) 김인후(金麟厚) 상의 형성과 그 시대적 맥락 - 생애자료에 대한 비교변증을 통해 -)

  • Kim, Nam-yi
    • (The)Study of the Eastern Classic
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    • no.59
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    • pp.57-92
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    • 2015
  • This study looked into the process by which Haseo(河西) Kim In-hoo(金麟厚:1510~1560), a neo-confucian scholar of mid Joseon Dynasty, was recognized and adored as an inheritor of traditional academic genealogy of neo-confucianism of Joseon Dynasty. I intended to examine the process of personal embodiment affected or excluded in certain manners by various materials covering the lifetime of bygone persons based on the process of such embodiment. The part related to childhood of Haseo was arranged newly to highlight solid relationship between Kim In-hoo and King Injong(仁宗). That was because Kim In-hoo raised the issue of loyalty and fidelity, one of the most important and most contentious issues at that time, in connection with reinstatement of GimyoSarim(己卯士林, progressive political faction with young officials), and King Injong was the king who reinstated Gimyo Sarim. That played a decisive role in establishing the image of Haseo, a classical scholar with unwavering integrity and loyalty. During the Late Joseon Dynasty, canonization of Haseo was made under the leadership of King Jeongjo(正祖) and Seoin(西人) in royal court. In the 17th century, Seoin scholars revised the materials related to lifetime of Kim In-hoo in various way and proofread and published the collection of literary works by Kim In-hoo. That aimed to establish scholastic system associated with Seoin and legitimacy of study as pursued by Seoin. This made progress with adoration towards scholars affiliated with Seoin, including Yulgok(栗谷) Lee Yi(李珥). Finally, King Jeongjo showed strong intention to take the lead as sovereign in the process while Haseo was canonized into national academy in the 18th century. That came from the desire to solidify his status as a teacher who took pride in taking responsibility for the dynasty's authentic study, as well as the king heading the dynasty politically.

A Study on the Admissibility of the Virtual Machine Image File as a Digital Evidence in Server Virtualization Environment (서버 가상화 환경의 가상머신 이미지에 대한 법적 증거로서의 허용성에 관한 연구)

  • Kim, Dong-Hee;Baek, Seung-Jo;Shim, Mi-Na;Lim, Jong-In
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.18 no.6A
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    • pp.163-177
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    • 2008
  • As many companies are considering to use server virtualization technology to reduce cost, the crime rates in virtual server environment are expected to be increasing rapidly. The server virtualization solution has a basic function to produce virtual machine images without using any other disk imaging tools, so that investigating virtual servers are more efficient because the investigator only has to collect the virtual machine image and submit it to the court. However, the virtual machine image has no admissibility to be the legal evidence because of security, authenticity, procedural problems in collecting virtual machine images on virtual servers. In this research, we are going to provide requirements to satisfy security, authenticity and chain of custody conditions for the admissibility of the virtual machine image in server virtualization environment. Additionally, we suggest definite roles and driving plans for related organizations to produce virtual machine image as a admissible evidence.

Conservation treatment and characteristics of the belt with rhinoceros-horn ornaments at the National Hangeul Museum (국립한글박물관 소장 덕온공주 집안 서대(犀帶)의 보존처리 및 특징)

  • Hwang, Jinyoung
    • Conservation Science in Museum
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    • v.25
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    • pp.51-62
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    • 2021
  • The Belt with Rhinoceros-Horn Ornaments(known as a seodae in Korean) from the family of Princess Deokon's descendants housed in the National Hangeul Museum underwent emergency treatment for a special exhibition in 2019 upon the request of the National Hangeul Museum. Priority was given to the restoration of the original form of the severely damaged belt and the repair of its detached horn ornaments. Prior to the conservation treatment, researchers conducted a theoretical study of the belt with rhinoceros-horn adornments to learn the names of its structural components and the changes in form that the type experienced by period, thereby establishing a plan for conservation treatment and setting a direction. Among the belts worn by officials from the Joseon dynasty, rhinoceros-horn ornaments were attached to those of officials of the first rank and were considered the most precious behind the king's belt with its jade ornaments. The rhinoceros horn adorning the belt is classified into three categories according to quality. This belt has horn adornments of the highest quality, falling under the "grape design" category with dark brown dots concentrated in the center. The belt has a rectangular shape and lacks a buckle, reflecting a popular form from the nineteenth century. The structure of the belt was identified over the process of conservation treatment, offering information about its method of production. In addition, comparison of the relic with belts with rhinoceros-horn ornaments depicted in Joseon-period portraits of officials allowed the identification of changes in formal features and the detailed structures of belts with rhinoceros-horn ornaments by period. It confirmed that the belt subject to conservation treatment shows the features of belts with rhinoceros-horn ornaments produced in the nineteenth and twentieth centuries.

Legal Issues and Improvement Measures for Refund Implementation of Housing and Urban Guarantee Corporation in case of Housing Sale Guarantee Accident (주택분양보증사고시 주택도시보증공사 환급이행의 법적쟁점과 개선방안)

  • Jo, I-Un
    • The Journal of the Korea Contents Association
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    • v.21 no.3
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    • pp.626-633
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    • 2021
  • In the event of a housing sale guarantee accident, the Housing and Urban Guarantee Corporation shall be responsible for the guarantee by refunding the moving-in money unless there are special circumstances to the contractor. The Housing and Urban Guarantee Corporation may refuse to perform the refund based on the Terms and Conditions Regulations Act, but disputes continue to arise between interested parties in this regard. Therefore, the purpose of this study is to study the problems and improvement measures for legal issues related to the implementation of the refund. First, the issue of guarantee effectiveness and scope of guarantee under the Terms and Conditions Regulation Act. Second, the problem of guarantee contract for conditional third parties of Housing and Urban Guarantee Corporation. Third, the problem of the attitude of the existing precedents of the Supreme Court was examined. As a result of reviewing these legal issues, it was confirmed that the interpretation of terms and conditions according to the implementation of the refund is being interpreted in accordance with the principle of good faith, but according to individual cases, precedents can be divided into positive and negative judgments. In addition, despite the fact that the housing pre-sale guarantee is a guarantee contract for a conditional third party, it was confirmed that the buyer suffered damages in good faith through active disputes with the interested parties. Accordingly, the Housing and Urban Guarantee Corporation proposed an improvement plan for roles and cooperation items to meet the purpose of establishment for the stability of the customer's housing.

A Study on Precedents about Defamation by Ghost Surgery Disclosure and Its Implication (유령수술 공개에 따른 명예훼손에 관한 판례 고찰 및 시사점 : 서울고등법원 2020. 9. 11. 선고 2019노2201 판결 중심으로)

  • Jeon, Byeong-Joo;Han, Hye-Sook
    • The Journal of the Korea Contents Association
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    • v.21 no.3
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    • pp.634-644
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    • 2021
  • Despite the increased social demand for strengthening the punishment for ghost surgery in Korea, the governmental management is very passive compared to other offenses of medical law, and the punishment for ghost surgery is insufficient, so that medical malpractices are continuously occurring. A plastic surgeon who posted the names of clinics performing ghost surgery and the number of deaths on the internet bulletin board, was charged with the violation of the Information Telecommunication Act(defamation). Thus, this study aimed to present the legal/institutional issues and implications of defamation by the release of ghost surgery, by initially examining the charged case after posting the contents showing the death of patients by ghost surgery in clinics on the internet bulletin board. This study aimed to understand how strictly the court approached the ghost surgery in the aspect of public interest, and also to understand the judgment standard of punishment for defamation by investigating the publicly alleging facts and public interest by the disclosure of ghost surgery. Moreover, this study aims to provide the basic data necessary for guaranteeing the national health right by arousing attention to ghost surgery.

A Scope of Work of Radiological Technologists for Ultrasound Examinations (초음파검사에 대한 방사선사 업무범위의 법적 고찰)

  • Lim, Chang Seon;Jin, Gye Hwan
    • Journal of the Korean Society of Radiology
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    • v.15 no.4
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    • pp.481-490
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    • 2021
  • There is no qualification system for sonographers in Korea. But the MEDICAL SERVICE TECHNOLOGISTS, ETC. ACT stipulates that radiological technologists can handle ultrasound equipment. However, there is controversy about the scope of the work allowed for radiological technologists to perform ultrasound examinations. Accordingly, the authoritative interpretation of the Ministry of Health and Welfare of Korea, the adjudication of administrative judgment, and the judgment of the courts were analyzed. As a result, the authoritative interpretation expresses that when a radiological technologist performs an ultrasound examination, a diagnosis and specific guidance should be made in real time while the doctor simultaneously watches the radiological technologist's images. In the adjudication of administrative judgment, it was decided that the handling of ultrasound-related equipment was the work of the radiological technologist. The court ruled that it was illegal for a radiological technologist to make a medical judgment on ultrasound examination. In the United States, Canada, etc., the sonographer independently conducts ultrasound examination according to the doctor's prescription, prepares a summary of what they saw and this is passed on to the doctor. Therefore, in Korea, there is a need for institutional improvement so that radiological technologists can perform ultrasound examinations according to doctors' prescriptions without real-time guidance.

Case Analysis and Proposal for the Effective Application of "Ordinary Practice of Seaman" as Seafarers' Responsibility for Marine Accidents (선원의 사고책임으로 상무(常務)의 유효한 적용을 위한 재결 사례 분석 및 제안)

  • Kim, Inchul
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.28 no.1
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    • pp.64-71
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    • 2022
  • The term "ordinary practice of seaman" is applied to hold the responsibility of those involved in marine accidents. However, there is a concern that the responsibilities of seamen may become unclear as the ordinary practices of the seamen are imposed. In addition, the responsibility for improvement is diluted by mentioning the ordinary practice of seaman when the navigation rules stipulated in the COLREGs is clearly violated. The maritime safety investigation and tribunal system thoroughly analyzes the causes of marine accidents to prevent the recurrence of similar accidents. As one cause that does not contribute to the prevention of the recurrence of similar accidents, it would be appropriate to exclude the term "ordinary practice of seaman" as far as possible. Accordingly, I reviewed the reason for the existence of the maritime safety investigation system and ways to improve the application of the term "ordinary practice of seaman," which is recognized as a customary and an unconventional navigation rule, by examining the theories on the ordinary practice of seaman and analyzing cases of court judgments and decisions in the Korea Maritime Safety Tribunal. I also proposed a modern interpretation on the responsibility for proper and purposeful application. In addition, from the viewpoint of preventing the recurrence of maritime accidents, it is suggested that the nounized term in Korea be replaced with the descriptive term.