• Title/Summary/Keyword: cultural types

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The Applicable Laws to International Intellectual Property License Contracts under the Rome I Regulation (국제 지식재산권 라이센스 계약 분쟁의 준거법 결정 원칙으로서 로마I 규정의 적용에 관한 연구)

  • Moon, Hwa-Kyung
    • Journal of Legislation Research
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    • no.44
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    • pp.487-538
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    • 2013
  • It is the most critical issue in recent international intellectual property licence disputes to decide the applicable laws to the license contracts. As Korea and the European Union(EU) reached free trade agreement(FTA), and the EU-Korea FTA entered into force on July 1, 2011, the FTA has boosted social, economic, cultural exchanges between the two. As a result of the increased transactions in those sectors, legal disputes are also expected to grow. This situation calls for extensive research and understanding of the choice of law principles applicable to international intellectual property license contracts in the EU. To decide the laws applicable to issues arising from international intellectual property license contracts disputes, the characterization of those issues is necessary for the purpose of applying private international law principles to them. In terms of characterization, intellectual property license contracts fall within contractual matters. In the EU, the primary rule of choice of law principles in contractual obligations is the Rome I Regulation. Because the choice of law rules, such as private international law principles, the Rome Convention(1980), and the Rome I Regulation, differ in the time of application, it is essential to clarify the time factor of related contracts. For example, the Rome I Regulation applies to contracts which were concluded as from December 17, 2009. Although party autonomy in international contracts disputes is generally allowed, if there is no choice of law agreement between the parties to the contracts, the objective test rule of private international law doctrine could be the best option. Following this doctrine, the Rome I Regulation Article 4, Paragraph 1 provides the governing law rules based on the types of contracts, but there is no room for intellectual property license contracts. After all, as the rule for governing law of those contracts, the Rome I Regulation Article 4, Paragraph 2 should be applied and if there are countries which are more closely connected to the contracts under the Rome I Regulation Article 4, Paragraph 3, the laws of those countries become the governing laws of the contracts. Nevertheless, if it is not possible to decide the applicable laws to the license contracts, the Rome I Regulation Article 4, Paragraph 4 should be applied in the last resort and the laws of the countries which are the most closely connected to the contracts govern the license contracts. Therefore, this research on the laws applicable to intellectual property license contracts under the Rome I Regulation suggests more systematic and effective solutions for future disputes in which Korea and the EU countries play the significant role as the connecting factors in the conflict of laws rules. Moreover, it helps to establish comprehensive and theoretical understanding of applying the Korean Private International Law to multifarious choice-of-law cases.

The Narrative Discourse of the Novel and the Film L'Espoir (소설과 영화 『희망 L'Espoir』의 서사담론)

  • Oh, Se-Jung
    • Cross-Cultural Studies
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    • v.48
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    • pp.289-323
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    • 2017
  • L'Espoir, a novel by Andre Malraux, contains traits of the genre of literacy reportage that depicts the full account of the Spanish Civil War as non-fiction based on his personal experience of participating in war; the novel has been dramatized into a semi-documentary film that corresponds to reportage literature. A semi-documentary film is the genre of film that pursues realistic illustration of social incidents or phenomenon. Despite difference in types of genre of the novel and the film L'Espoir, such creative activities deserve close relevance and considerable narrative connectivity. Therefore, $G{\acute{e}}rard$ Genette's narrative discourse of novel and film based on narrative theory carries value of research. Every kind of story, in a narrative message, has duplicate times in which story time and discourse time are different. This is because, in a narrative message, one event may occur before or later than another, told lengthily or concisely, and aroused once or repeatedly. Accordingly, analyzing differing timeliness of the actual event occurring and of recording that event is in terms of order, duration, and frequency. Since timeliness of order, duration, and frequency indicates dramatic pace that controls the passage of a story, it appears as an editorial notion in the novel and the film L'Espoir. It is an aesthetic discourse raising curiosity and shock, the correspondence of time in arranging, summarizing, deleting the story. In addition, Genette mentions notions of speech and voice to clearly distinguish position and focalization of a narrator or a speaker in text. The necessity to discriminate 'who speaks' and 'who sees' comes from difference in views of the narrator of text and the text. The matter of 'who speaks' is about who portrays narrator of the story. However, 'who sees' is related to from whose stance the story is being narrated. In the novel L'Espoir, change of focalization was ushered through zero focalization and internal focalization, and pertains to the multicamera in the film. Also, the frame story was commonly taken as metadiegetic type of voice in both film and novel of L'Espoir. In sum, narrative discourse in the novel and the film L'Espoir is the dimension of story communication among text, the narrator, and recipient.

A Bibliographical and Literary Research on the Xinxu(新序) of the Published edition in Joseon (조선간본(朝鮮刊本) 『유향신서(劉向新序)』의 서지·문헌 연구)

  • You, Sueng-hyun;Min, Kuan-dong
    • Cross-Cultural Studies
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    • v.51
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    • pp.257-257
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    • 2018
  • Xinxu(新序) was published in Korea by 1492. Among the existing editions, the editions that can confirm the realities are the collections of Keimyung University, the Korean Studies Central Research Institute, Kyonggi University, Hujodang(後彫堂), and the National Assembly Library of Japan. The Keimyung University's precious book is the 'first published book', and the old book is the 'later published book' which covers pages 69-70 and 71-72 of the first published book. It is the 'later published book' that has the same side inscribed. The second books, the Central Research Institute of Korea Studies and the Kyonggi University Collection are the first published books, and the Hujodang and the National Assembly Library of Japan are on pages 9-10, 63-64, 87-88, 107-108. The corresponding side is the 'later published book'. Comparing the editions, it can be concluded that the existing editions of the previous editions have been withdrawn two times, and in the latter editions, the existing editions of four editions can also be confirmed to have been edited three times. In this paper, the literature based on the existing editions was studied and features of the Korean edition were presented. First, we examine the types of paragraphs. In principle, the text is composed of '11 lines and 18 characters', but on the actual version, the number of characters is shown in the table. In the Korean edition of the Joseon dynasty, a blank space appears in the original text. The erroneous letter in the Joseon book was identified the reason for the error was explained in detail.

Stepmother Narrative from Southern Buddhist Texts to Root Folklore Affiliated with Northern Buddhist Texts and Formation Course of (남전 불경계 계모형 서사의 북전 불경계 <심청전> 근원설화로의 틈입과 완판본 <심청전>의 계모형 서사 형성과정)

  • Kwon, Do-kyung
    • Cross-Cultural Studies
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    • v.44
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    • pp.147-189
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    • 2016
  • This study attempted to investigate the issue how stepmother's narrative was transferred to . For this agenda, the approach of this paper is described below to determine how Bbaengdeok's stepmother narrative was transferred episodically to . First, this paper started from the relation between stepmother narrative and affiliated with each root folk tale in Buddhist text. Among known as root folk tale until now, this paper investigated whether was the root folk tale affiliated to Buddhist literature. At that point, stepmother narrative showed relation with opening eyes motive. It has been reported that the text of opening eyes in Buddhist literature is originated from the south. This paper confirmed that 's stepmother narrative was related to Buddhist literature originated from south. Next, this paper investigated the background of opening eyes motive of stepmother types. After entering Gyeongpan , it formed Bbaengdeok narrative of Wanpan related to Literary geography of Jeollado enjoying space of Wanpan . There are two evidences for this. The first one is which was passed down around Jeollado. In the course of sudden Buddhist folklore's flow into the country, it is that combined stepmother narrative of sudden Buddhist literature with the characteristics of northern Buddhist literature which was reconstructed into son's filial behavior of northern Buddhist literature to make father's blinded eyes open. The other is the Buddhist trend of the late 18th Chosun when northern Buddhist literature and sudden Buddhist literature were combined. It appeared that stepmother narrative was formed in the Buddhist background of the late 18th Chosun when northern Buddhist literature and sudden Buddhist literature were combined.

The Definition of a Catastrophe as Trauma by Visual Media and the Resultant Problems: A Critical Analysis of the "Antimimetic Theory" (시각 미디어에 의한 대재앙적 사건의 트라우마 규정과 그에 따른 문제들 - "반모방 이론"에 대한 비평적인 분석을 통해서)

  • Seoh, Gil-Wan
    • Cross-Cultural Studies
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    • v.43
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    • pp.265-288
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    • 2016
  • This essay begins by discussing the issue of the definition of a catastrophe as a trauma by visual media and the problems that result. We assume a concrete approach towards these problems by examining the process through which 9/11 was defined as a "national trauma" in the exclusion of images of bodies falling from towers, which were some of the most shocking images in the media coverage of 9/11. The choice to exclude images of falling men from American visual media representations of 9/11 goes hand in hand with the tendencies of a contemporary trauma theory. This essay assumes that the representations in the U.S visual media depend on "antimimetic theory," one of the leading contemporary trauma theories, in order to validate its logic, and examines the limitations and problems of the theory. This work aims to examine the issue of the definition of a catastrophe as trauma by visual media on the basis on the "antimimetic theory" and the danger that results. Because the antimimetic theory, which the visual media in the United States uses to define 9/11 as trauma, emphasizes literal and unmediated representation of an external event, it lacks an understanding of the human aspects of the event. There is no way to intervene in the construction and interpretation of the trauma. As a result, the theory discourages active attempts to find a solution to the problems of the people directly connected with the event. Thus, it provides an opening for manipulative intervention of an external power. This essay attempts to provide a critical analysis of the "antimimetic theory" in order to help people who witness catastrophic events through various types of visual media, and to seek an alternative means of experiencing and responding to the trauma, that does not stem from the perspective of specific media outlets or external powers.

A study about the aspect of translation on 'Kyo(驚)' in novel 『Kokoro』 -Focusing on novels translated in Korean and English (소설 『こころ』에 나타난 감정표현 '경(驚)'에 관한 번역 양상 - 한국어 번역 작품과 영어 번역 작품을 중심으로 -)

  • Yang, JungSoon
    • Cross-Cultural Studies
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    • v.51
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    • pp.329-356
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    • 2018
  • Types of emotional expressions are comprised of vocabulary that describes emotion and composition of sentences to express emotion such as an exclamatory sentence and a rhetorical question, expressions of interjection, adverbs of attitude for an idea, and a style of writing. This study is focused on vocabulary that describes emotion and analyzes the aspect of translation when emotional expression of 'Kyo(驚)' is shown in "Kokoro". As a result, the aspect of translation for expression of 'Kyo(驚)' showed that it was translated to vocabulary as suggested in the dictionary in some cases. However, it was not always translated as suggested in the dictionary. Vocabulary that describes the emotion of 'Kyo(驚)' in Japanese sentences is mostly translated to corresponding parts of speech in Korean. Some adverbs needed to add 'verbs' when they were translated. Different vocabulary was added or used to maximize emotion. However, the corresponding part of speech in English was different from Korean. Examples of Japanese sentences expressing 'Kyo(驚)' by verbs were translated to expression of participles for passive verbs such as 'surprise' 'astonish' 'amaze' 'shock' 'frighten' 'stun' in many cases. Idioms were also translated with focus on the function of sentences rather than the form of sentences. Those expressed in adverbs did not accompany verbs of 'Kyo(驚)'. They were translated to expression of participles for passive verbs and adjectives such as 'surprise' 'astonish' 'amaze' 'shock' 'frighten' 'stun' in many cases. Main agents of emotion were showat the first person and the third person in simple sentences. Translation of emotional expressions when a main agent was the first person showed that the fundamental word order of Japanese was translated as in Korean. However, adverbs of time and adverbs of degree were ended to be added. The first person as the main agent of emotion was positioned at the place of subject when it was translated in English. However, things or causes of events were positioned at the place of subject in some cases to show the degree of 'Kyo(驚)' which the main agent experienced. The expression of conjecture and supposition or a certain visual and auditory basis was added to translate the expression of emotion when the main agent of emotion was the third person. Simple sentences without the main agent of emotion showed that their subjects could be omitted even if they were essential components because they could be known through context in Korean. These omitted subjects were found and translated in English. Those subjects were not necessarily human who was the main agent of emotion. They could be things or causes of events that specified the expression of emotion.

A study about the aspect of translation on 'Hu(怖)' in novel 『Kokoro』 - Focusing on novels translated in Korean and English - (소설 『こころ』에 나타난 감정표현 '포(怖)'에 관한 번역 양상 - 한국어 번역 작품과 영어 번역 작품을 중심으로 -)

  • Yang, Jung-soon
    • Cross-Cultural Studies
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    • v.53
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    • pp.131-161
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    • 2018
  • Emotional expressions are expressions that show the internal condition of mind or consciousness. Types of emotional expressions include vocabulary that describes emotion, the composition of sentences that expresses emotion such as an exclamatory sentence and rhetorical question, expressions of interjection, appellation, causative, passive, adverbs of attitude for an idea, and a style of writing. This study focuses on vocabulary that describes emotion and analyzes the aspect of translation when emotional expressions of 'Hu(怖)' is shown on "Kokoro". The aspect of translation was analyzed by three categories as follows; a part of speech, handling of subjects, and classification of meanings. As a result, the aspect of translation for expressions of Hu(怖)' showed that they were translated to vocabulary as they were suggested in the dictionary in some cases. However, they were not always translated as they were suggested in the dictionary. Vocabulary that described the emotion of 'Hu(怖)' in Japanese sentences were mostly translated to their corresponding parts of speech in Korean. Some adverbs needed to add 'verbs' when they were translated. Also, different vocabulary was added or used to maximize emotion. However, the correspondence of a part of speech in English was different from Korean. Examples of Japanese sentences that expressed 'Hu(怖)' by verbs were translated to expression of participles for passive verbs such as 'fear', 'dread', 'worry', and 'terrify' in many cases. Also, idioms were translated with focus on the function of sentences rather than the form of sentences. Examples, what was expressed in adverbs did not accompany verbs of 'Hu (怖)'. Instead, it was translated to the expression of participles for passive verbs and adjectives such as 'dread', 'worry', and 'terrify' in many cases. The main agents of emotion were shown in the first person and the third person in simple sentences. The translation on emotional expressions when a main agent was the first person showed that the fundamental word order of Japanese was translated as it was in Korean. However, adverbs of time and adverbs of degree tended to be added. Also, the first person as the main agent of emotion was positioned at the place of subject when it was translated in English. However, things or the cause of events were positioned at the place of subject in some cases to show the degree of 'Hu(怖)' which the main agent experienced. The expression of conjecture and supposition or a certain visual and auditory basis was added to translate the expression of emotion when the main agent of emotion was the third person. Simple sentences without a main agent of emotion showed that their subjects could be omitted even if they were essential components because they could be known through context in Korean. These omitted subjects were found and translated in English. Those subjects were not necessarily humans who were the main agents of emotion. They could be things or causes of events that specified the expression of emotion.

Matsuri and Shinsen : Centering on the Rites of Ise Shrine and Emperor (마쓰리(祭)와 신찬(神饌): 이세신궁과 천황의 제사를 중심으로)

  • Park, Kyutae
    • The Critical Review of Religion and Culture
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    • no.32
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    • pp.13-54
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    • 2017
  • The Ise Grand Shrine(伊勢神宮) dedicated to the sun goddess Amaterasu (天照大神), located in the city of Ise(伊勢市), Mie Prefecture of Japan, is a center of Japanese Shinto Shrines and composed of a large number of Shinto shrines centered on two main shrines, Naiku(內宮=皇大神宮) and Geku(外宮= 豊受大神宮). Historically it has kept very close relationship with Emperor, because its enshrined deity Amaterasu is generally said to be the ancestor of Imperial Family. The food and alcohol offering to the gods in Japanese Shinto rites are called Shinsen(神饌, ambrosia). Main subjects of this essay dealing with Shinsen are the various matsuri (rites) of Ise Grand Shrine and Emperor, such as Higoto-asayu-omike-sai(日別朝夕大御饌祭, offering repasts to the gods in the moring and evening everyday), Kan-name-sai(神嘗祭, offering of the year's new rice harvest), Shikinen-sengu-sai(式年遷宮祭, year of the ceremony), Nii-name-sai(新嘗祭, Ceremonial offering by the Emperor of newly-harvested rice to the gods), and Daijo-sai(大嘗祭, first ceremonial offering of rice by newly-enthroned Emperor). Then, the purpose of this essay is to examine not only the social, religious, and political but also cultural meaning of Shinsen especially in relation to Korea, basically introducing some types and characteristics of Shinsen with its mythological background and historical development. In so doing, I will show the concrete list of items and processes of Shinsen in those rites. For example, the social meaning of Shinsen might be examined in association with agricultural features, ancient dietary life, Japanese food, and its contemporary context etc. Besides, its religious meaning can be mentioned especially from the perspective of divine nature, life and rebirth etc. On the other hand, the politics was in ancient Japan originally called Matsurigoto which means the ancestral rites for gods. This suggests the political meaning of Shinsen that the politics in Japan has originated from Shinsen.

Changes in fundamental frequency depending on language, context, and language proficiency for bilinguals (한국어-영어 이중언어 화자의 사용 언어, 문맥, 언어 능숙도에 따른 기본 주파수 변화)

  • Yoon, Somang;Mok, Sora;Youn, Jungseon;Han, Jiyun;Yim, Dongsun
    • Phonetics and Speech Sciences
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    • v.11 no.1
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    • pp.9-18
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    • 2019
  • The purpose of this study is to determine whether the mean fundamental frequency (F0) changes depending on language, task, or language proficiency for Korean-English bilinguals. A total of forty-eight Korean-English speakers (28 balanced bilinguals and 20 Korean dominant bilinguals) participated in the study. Participants were asked to read aloud two types of tasks in English and Korean. For statistical analyses, the language ${\times}$ task two-way repeated ANOVAs were conducted within the balanced bilingual group first, and then group ${\times}$ language two-way mixed ANOVAs. The results showed that the females in both bilingual groups changed their mean F0 depending on the language they used and the tasks (p<.05), whereas no significant results were found in the males in either group under any conditions. The mean fundamental frequency in the Korean reading task was significantly higher than that in the English reading task for females in both balanced and Korean dominant bilingual groups. Thus, changes in mean F0 depending on language and context may reflect gender-specific characteristics, and females seem to be more sensitive to the socio-cultural standards that are imposed on them.

Perception and Appraisal of Urban Park Users Using Text Mining of Google Maps Review - Cases of Seoul Forest, Boramae Park, Olympic Park - (구글맵리뷰 텍스트마이닝을 활용한 공원 이용자의 인식 및 평가 - 서울숲, 보라매공원, 올림픽공원을 대상으로 -)

  • Lee, Ju-Kyung;Son, Yong-Hoon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.49 no.4
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    • pp.15-29
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    • 2021
  • The study aims to grasp the perception and appraisal of urban park users through text analysis. This study used Google review data provided by Google Maps. Google Maps Review is an online review platform that provides information evaluating locations through social media and provides an understanding of locations from the perspective of general reviewers and regional guides who are registered as members of Google Maps. The study determined if the Google Maps Reviews were useful for extracting meaningful information about the user perceptions and appraisals for parks management plans. The study chose three urban parks in Seoul, South Korea; Seoul Forest, Boramae Park, and Olympic Park. Review data for each of these three parks were collected via web crawling using Python. Through text analysis, the keywords and network structure characteristics for each park were analyzed. The text was analyzed, as were park ratings, and the analysis compared the reviews of residents and foreign tourists. The common keywords found in the review comments for the three parks were "walking", "bicycle", "rest" and "picnic" for activities, "family", "child" and "dogs" for accompanying types, and "playground" and "walking trail" for park facilities. Looking at the characteristics of each park, Seoul Forest shows many outdoor activities based on nature, while the lack of parking spaces and congestion on weekends negatively impacted users. Boramae Park has the appearance of a city park, with various facilities providing numerous activities, but reviewers often cited the park's complexity and the negative aspects in terms of dog walking groups. At Olympic Park, large-scale complex facilities and cultural events were frequently mentioned, emphasizing its entertainment functions. Google Maps Review can function as useful data to identify parks' overall users' experiences and general feelings. Compared to data from other social media sites, Google Maps Review's data provides ratings and understanding factors, including user satisfaction and dissatisfaction.