• The Korean Journal of Air & Space Law and Policy
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• v.24 no.1
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• pp.35-58
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• 2009

A treaty that governs the compensation on damage caused by aircraft to the third parties on surface was first adopted in Rome in 1933, but without support from the international aviation community it was replaced by another convention adopted again in Rome in 1952. Despite the increase of the compensation amount and some improvements to the old version, the Rome Convention 1952 with 49 State parties as of today is not considered universally accepted. Neither is the Montreal Protocol 1978 amending the Rome Convention 1952, with only 12 State parties excluding major aviation powers like USA, Japan, UK, and Germany. Consequently, it is mostly the local laws that apply to the compensation case of surface damage caused by the aircraft, contrary to the intention of those countries and people who involved themselves in the drafting of the early conventions on surface damage. The terrorist attacks 9/11 proved that even the strongest power in the world like the USA cannot with ease bear all the damages done to the third parties by the terrorist acts involving aircraft. Accordingly as a matter of urgency, the International Civil Aviation Organization(ICAO) picked up the matter and have it considered among member States for a few years through its Legal Committee before proposing for adoption as a new treaty in the Diplomatic Conference held in Montreal, Canada 20 April to 2 May 2009. Accordingly, two treaties based on the drafts of the Legal Committee were adopted in Montreal by consensus, one on the compensation for general risk damage caused by aircraft, the other one on compensation for damage from acts of unlawful interference involving aircraft. Both Conventions improved the old Convention/Protocol in many aspects. Deleting 'surface' in defining the damage to the third parties in the title and contents of the Conventions is the first improvement because the third party damage is not necessarily limited to surface on the soil and sea of the Earth. Thus Mid-air collision is now the new scope of application. Increasing compensation limit in big gallop is another improvement, so is the inclusion of the mental injury accompanied by bodily injury as the damage to be compensated. In fact, jurisprudence in recent years for cases of passengers in aircraft accident holds aircraft operators to be liable to such mental injuries. However, "Terror Convention" involving unlawful interference of aircraft has some unique provisions of innovation and others. While establishing the International Civil Aviation Compensation Fund to supplement, when necessary, the damages that exceed the limit to be covered by aircraft operators through insurance taking is an innovation, leaving the fate of the Convention to a State Party, implying in fact the USA, is harming its universality. Furthermore, taking into account the fact that the damage incurred by the terrorist acts, where ever it takes place targeting whichever sector or industry, are the domain of the State responsibility, imposing the burden of compensation resulting from terrorist acts in the air industry on the aircraft operators and passengers/shippers is a source of serious concern for the prospect of the Convention. This is more so when the risks of terrorist acts normally aimed at a few countries because of current international political situation are spread out to many innocent countries without quid pro quo.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.36 no.4
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• pp.39-49
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• 2018

"Annals of The Joseon Dynasty" is a book recording the Joseon Dynasty's historical facts in an annalistic format. The King's amusement activities through "Annals of The Joseon Dynasty" which were established by the Ye-ak(禮樂) system were analyzed. The results are as follows. The king's amusement activities that were performed during the Joseon Dynasty period could be classified as state banquets, military banquets, and banquets for play. The analysis of the king's amusement activity was divided into five stages. The characteristic of [1 period : King Taejo~Sejo(Yejong)] was dominated the military banquets of the Goryeo Dynasty. Neo-Confucianism is the establishment of political and social turning of the ballast, considerations of military culture, culture, and Hoeryeyeon Jinpungjeong, a cloud of dust and elders banquets such as Giroyeon and Yangnoyeon on the nature of the party. A lasting ordinance was institutionalized[2 period : King Seongjong~Jungjong]. In the chopper and jeongyujaeran, Hong Kyung Rae led a royal amusement activities are stagnant, often produce isolated storage compute in the gloomy situation[3 period : King Injong~Hyeonjong]. Revival period is pride of the amusement activity through the culture of Joseon Dynasty royal culture [4 period : King Sukjong~Jeongjo]. The throne, crashed due to political power is an ebb of royal amusement activities, while also rapidly waning[5 period : King Seonjo~Seonjong]. During the early Joseon Dynasty, hunting took place around the forest area northeast of Hanyang and during King Seongjong's period, it took place closer to the capital city, while in Lord Yeonsan's period, it was expanded to a 39 kilometer radius area from the palace, and banquets such as various forms of entertainment of Cheoyongmu, and Flower-viewing. The Joseon kings who enjoyed hunting were King Sejong, Sejo, Seongjong, Yeonsan, and Jungjong. Most of hunting objects were tigers, bears, deer and roe deer, leopards, boars, their animals and falconry took, and the purpose of the hunting was to perform ancestral rites to the royal ancestry or the royal tombs. Lord Yeonsan's hunting activities had negative effects after King Jungjong the king's hunting activity decreased sharply. However, there were also positive aspects of Lord Yeonsan's Prohibition of cutting woods ect. In conclusion, the expansion of the King's garden(庭:courtyard${\rightarrow}$園:privacy garden${\rightarrow}$苑:king's garden${\rightarrow}$苑?:national hunting park) is evident which starts from formal and informal activities that took place in Oejo, Chijo, and Yeonjo, which went further to the separate and secret gardens, and then even further, thus setting the amusement activity area as a 39 kilometer radius range from Hanyang.

• The Journal of Art Theory & Practice
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• no.4
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• pp.123-144
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• 2006

Foreigners who arrived in Korea after the age of enlightenment were Japanese, Chinese and 'Westerners' who were Europeans and Americans. The westerners were diplomats who visited Korea for colonization or for increasing their economical profits by trading after the spread of imperialism, and tourists curious of back countries, artists, explores and missionaries to perform their roles for their religious beliefs. They contacted with Korean cultural and educational people as missionaries and instructors during Japanese colonial period. In 1945, the allied forces occupied Korea under the name of takeover of Japanese colony after Japan's surrender and the relation between foreigners and Korean cultured men enter upon a new phase. For 3 years, American soldiers enforced lots of systems in Korea and many pro-American people were educated. This relationship lasted even after the establishment of the government of Korean Republic and especially, diplomats called as pro-Korean group came again after Korean War. Among them, there were lots of foreigners interested in cultures and arts. In particular, government officials under American Forces who were influential on political circles or diplomats widened their insights toward Korean cultural assets and collected them a lot. Those who were in Korea from the period of independence to 1950s wrote their impressions about Korean cultural assets on newspapers or journals after visiting contemporary Korean exhibitions. Among them, A. J. McTaggart, Richard Hertz and the Hendersons were dominant. They thought the artists had great interests in compromising and uniting the Orient and the West based on their knowledge of Korean cultural assets and they advised. However, it was different from Korean artist's point of view that the foreigners thought Korean art adhered oriental features and contained western contents. From foreigners' point of view, it is hard to understand the attitude Korean artists chose to keep their self-respect through experiencing the Korean war. It is difficult to distinguish their thought about Korean art based on their exotic taste from the Korean artists' local and peninsular features under Japanese imperialism. We can see their thought about Korean art and their viewpoint toward the third world, after staying in Korea for a short period and being a member of the first world. The basic thing was that they could see the potentialities through the worldwide, beautiful Korean cultural assets and they thought it was important to start with traditions. It is an evidence showing Korean artists' pride in regard to the art culture through experiencing the infringement of their country. By writing about illuminating Korean art from the third party's view, foreigners represented their thoughts through it that their economical, military superiority goes with their cultural superiority. The Korean artist's thought of emphasizing Korean history and traditions, reexamining and using it as an original creation may have been inspired by westerners' writings. 'The establishment of national art' that Korean artists gave emphasis then, didn't only affect one of the reactions toward external impact, 'the adhesion of tradition'. In the process of introducing Korean contemporary art and national treasure in America, different view caused by role differences-foreigner as selector and Korean as assistant-showed the fact evidently that the standard of beauty differed between them. By emphasizing that the basis to classify Korean cultural assets is different from the neighborhood China and Japan, they tried to reflect their understanding that the feature of Korean art is on speciality other than universality. And this make us understand that even when Korean artists profess modernism, they stress that the roots are on Korean and oriental tradition. It was obviously a different thought from foreigners' view on Korean art that Korean artists' conception of modernism and traditional roots are inherent in Korean history. In 1950s, after the independence, Korea had different ideas from foreigners that abstract was to be learned from the west. Korea was enduring tough times with their artists' self-respect which made them think that they can learn the method, but the spirit of abstract is in the orient.

• The Journal of Dong Guk Oriental Medicine
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• v.1
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• pp.161-191
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• 1992

The purpose of this study is how have the form and theory of the five element theory in the (黃帝內徑) by the investigation of the course of the course of the five element introduced the ancient oriental medicine from ancient oriental philosophy. The following results were obtained. 1. The five elements in (尙書) meaned the uses of water, fire, earth, wood, metal which were important in living. Because these had very important meaning in ancient political and economic society, emphasized to big law(洪範) 2. The five elements in (左傳) and (國語) mean the five uses too, and there are the phases of "five win metal"(火勝金) and "wather win fire"(水勝火), but these only meaned the physical interrelation. 3. In the five circulating factor theory made by Chu Yen(鄒衍) which have the attribute of the five elements, he more reasonably had argued human affairs like that a dynasty become different in step with the circulating five favors. There is the regular annual policy in the (呂氏春秋) which closely connected nature and human living, and attached the various colors, animals, visceras, flavors, sounds, the sexagenary cycle and so on to the five elements. 4. In the (春秋繁露) writed in fore-period of Han(漢) dynasty, the interactions of the five elements are concretely applicated to policy, Dong Jung Soe(童仲舒) had discrived the interactions of the five elements by Dong Lyu Sang Dong theory(同類相動說) and the misfortune theory(災異說), emphasized the sympathy of nature and human. Thought there is many content which are superstitious and contradictory, I concider which that affcted many effects in the formation of five element theory of oriental medicine. In the (淮南子) the order of matters were explained by the five element theory too, as the interrelations of the five elements were explained by the sexagenary ctcle, I assume that the bud of O-Un theory(五運理論). And there was not founded the fullscale intriduction of the five element theory in the Ma Wang Tye(馬王堆) excavated finds, the Mu Yyi medical writings formed the dynasty(武威漢代醫簡) and the documents about Pyun Jak(偏鵲) and Sun U Ie(淳于意). 5. The application of the five element theory in the (Whang Di Nei Qing) (黃帝內徑) is devided into the attachement to the five elements, the interelations of the five elments, and Un Gi theery(運氣論). In the attachment to the five elemeant theory, it made the attachment of the five viseras of (今文尙書) party a standard and attached the sections of a human body, the whole internal organs of sense, the five colors, the five flavors and the five sounds and so on to the five elements. It put to use by means of the apllivation of the interrelation of the five elements in the transferations of the diseases and the relative severeness of a disease in step with change of time and season. Un Gi theory(運氣論) which synthesized by the attachment to the five elements, the inter-relations of the five elements and the climate which observerd from ancient times systematically argued the effects of weather to human. 6. The application of the five elements theory in (黃帝內徑) have the significant what had get rid of irrational factors like that the emotion and action of human could to influense the weather, what had been formes more rational thingking by the obesrvation of human and nature. It is required more reserches about the possibility of the formation of the doctrinal faction bt the geographical effect of the Yon, Je(燕,薺) region, the application of the five element theory in other ancient medical books and the relationship of the five element theory and Yin Yang(陰陽)

• KDI Journal of Economic Policy
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• v.32 no.4
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• pp.153-195
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• 2010

The recent global financial crisis has been the outcome of, among other things, the mismatch between institutions and the reality of the market in the current global financial system. The International financial institutions (IFIs) that were designed more than 60 years ago can no longer effectively meet the challenges posed by the current global economy. While the global financial market has become integrated like a single market, there is no international lender of last resort or global regulatory body. There also has been a rapid shift in the weight of economic power. The share of the Group of 7 (G7) countries in global gross domestic product (GDP) fell and the share of emerging market economies increased rapidly. Therefore, the tasks facing us today are: (i) to reform the IFIs -mandate, resources, management, and governance structure; (ii) to reform the system such as the international monetary system (IMS), and regulatory framework of the global financial system; and (iii) to reform global economic governance. The main focus of this paper will be the IMS reform and the role of the Group of Twenty (G20) summit meetings. The current IMS problems can be summarized as follows. First, the demand for foreign reserve accumulation has been increasing despite the movement from fixed exchange rate regimes to floating rate regimes some 40 years ago. Second, this increasing demand for foreign reserves has been concentrated in US dollar assets, especially public securities. Third, as the IMS relies too heavily on the supply of currency issued by a center country (the US), it gives an exorbitant privilege to this country, which can issue Treasury bills at the lowest possible interest rate in the international capital market. Fourth, as a related problem, the global financial system depends too heavily on the center country's ability to maintain the stability of the value of its currency and strength of its own financial system. Fifth, international capital flows have been distorted in the current IMS, from EMEs and developing countries where the productivity of capital investment is higher, to advanced economies, especially the US, where the return to capital investment is lower. Given these problems, there have been various proposals to reform the current IMS. They can be grouped into two: demand-side and supply-side reform. The key in the former is how to reduce the widespread strong demand for foreign reserve holdings among EMEs. There have been several proposals to reduce the self-insurance motivation. They include third-party insurance and the expansion of the opportunity to borrow from a global and regional reserve pool, or access to global lender of last resort (or something similar). However, the first option would be too costly. That leads us to the second option - building a stronger globalfinancial safety net. Discussions on supply-side reform of the IMS focus on how to diversify the supply of international reserve currency. The proposals include moving to a multiple currency system; increased allocation and wider use of special drawing rights (SDR); and creating a new global reserve currency. A key question is whether diversification should be encouraged among suitable existing currencies, or if it should be sought more with global reserve assets, acting as a complement or even substitute to existing ones. Each proposal has its pros and cons; they also face trade-offs between desirability and political feasibility. The transition would require close collaboration among the major players. This should include efforts at the least to strengthen policy coordination and collaboration among the major economies, and to reform the IMF to make it a more effective institution for bilateral and multilateral surveillance and as an international lender of last resort. The success on both fronts depends heavily on global economic governance reform and the role of the G20. The challenge is how to make the G20 effective. Without institutional innovations within the G20, there is a high risk that its summits will follow the path of previous summit meetings, such as G7/G8.

• Cartoon and Animation Studies
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• s.45
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• pp.321-343
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• 2016

The purpose of this thesis is to look through the political and social background of China preparing for a new era after getting out of the Communist Party of Mao Zedong, rapid inflow of the Western modernism and the avant-garde art arising in China with the focus of art works of Xu Bing, which contributed to the expansion of printmaking of China. Particularly, 85 New Wave Movement arose by young artists since 1985 and the China/Avant-Garde Exhibition held in Beijing in 1989 are the two important issues which reflect a new change from the traditional Chinese art. The artists of 85 New Wave Movement, who pursued a historical revolution and novelty, worked very actively by leading private exhibitions. Since the Cultural Revolution, the government owned the National Museum of Fine Art Beijing had exhibitions on a large scale displaying various visual arts such as performing art, installation, painting, sculpture but the Chinese government interrupted exhibitions two time due to bold performing art and unconcealed installation. Some artists were even taken to the police when performing art. Under these circumstances, Xu Bing, who majored printmaking, produced one of his major works, Books from the sky(1988), while he was working on various experiments focusing on the production process of printmaking and its repetitiveness. Xu Bing devised letters, carved them in trees and finally created approximately 2000 characters. Going further he displayed it as installation work, which means the developed characters go beyond a printed form, for audiences. This made him earn favorable reviews since it was a form of western art coupled with Chinese contents 'Chinese character'. After he received unfavorable reviews, however, he went to America leaving his last work in China, Ghost Pounding the Wall, in 1990, which was not able to exhibited. In those days, China society was going through a chaotic era thanks to the extinction of the Cultural Revolution and Deng Xiaoping's(1904-1997) reformation after the debacle of Tiananmen Massacre. This study looks into Xu Bing's artworks from his initial print works until he went to the US in 1991 and examines how he performed experiments utilizing reproductivity and plurality of prints tinged with Chinese traditional elements, and ultimately became one of the avant-garde artists representing the period.

• 재활복지
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• v.22 no.2
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• pp.1-30
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• 2018

This paper attempts to explore the place of human and disability rights from the perspective of Social Welfare within the context of the UN Disability Rights Convention of 2006. The overall discussion is focused especially upon the situations of human and disability rights in the Democratic People's Republic of Korea (North Korea) as it is being challenged to drastically address the issues of human rights in general, and disability rights in particular. The UN Disability Rights Convention challenges every ratified State party to commence legal reforms, legal harmonization, and policy and program developments to implement the Convention. Both North and South Korea are not exceptions to this. Even without drawing upon the UN's the Commission of Inquiry on Human Rights in the Democratic People's Republic of Korea, the dire situation of human rights in North Korea is well documented. However, this paper does not assume South Korea's human rights are any way superior to that of North Korea. This paper spells out areas for further action common to two Koreas and to any other nations for that matter. Apart from the general discussion on disability rights, the distinctive contribution of this paper lies in the fact that it has endeavored to draw upon any latest information and data on North Korea. It relied on various sources from UN and also from North Korea itself. One can note that North Korean disability authorities are making strenuous efforts to improve human rights of persons with disabilities in their desires to seek assistance from outside. It also shows an enormous need for international cooperation in seeking financial and material supports. This paper notes the latest political development between North and South Korea in taking "phased" steps for peace and stability as a positive sign for North and South Koreans' DPOs collaboration under the banner of International Cooperation of the article 32 of the UN Disability Rights Convention. More critically, this paper points to the further need to improve the overall data bases to ensure balanced legal reforms, policy developments and sharpen the areas of international collaboration.

• The Korean Journal of Archival Studies
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• no.17
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• pp.3-37
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• 2008

In this article, I outlined the archival management system in Early Joseon Dynasty and examined the characteristics of the system. At first, I explained the three aspects of the archival management; the memory of the past, the documentation of the contemporary, and the vision of the future through the documentation. Secondly, I tried to understand the character of the Veritable Record and its compilation by the concepts of archival science such as 'authenticity', 'reliability'. In the memory of the past, the History of a Dynasty(Koryo-Sa) and the Comprehensive History of Eastern Kingdom were included. The arrangement of the past was accompanied with the systematic study of the domestic and foreign histories. At the beginning of the state building, there was many practical need to the experiences of government and social re-construction. It was also the process of the legitimacy establishment of the new dynasty. And the Bureaucracy promoted the development of the records and archival management system because it needed the continuity and evidence of business. The dualistic structure of the records and archival management system was the most unique character of this age. The management of general administrative records was not different from the modern one. But the historical drafts and the compilation of Veritable record were different. Here, I had to examine the characteristics of these procedures by the concept authenticity, reliability, and custodianship. In doing so, I suggested the need of conceptualization of the historical terms such as 'the primary sources' and 'the secondary sources' in historical study. The archival concepts will be the most useful means to that issue. Through the memory of the past and the documentation of the contemporary, they made visions of the future, new vision of the Literati Governance. In this tradition, in spite of the revision of the Veritable records by the new changed political party, both the orignal and the revised remained as the comparative evidence for the future generation in the name of the Black-Red Revised History.

• 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.

• Korean Journal of Heritage: History & Science
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• v.53 no.4
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• pp.60-77
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• 2020

An assumption can be made that, as a start point for the recognition and utilization of cultural heritage, the "choice" of such would reflect the cultural ideology of the ruling power at that time. This has finally been proved by the case of Korea in the 20th century. First, in the late Korean Empire (1901-1910), the prevailing cultural ideology had been inherited from the Joseon Dynasty. The main objects that the Joseon Dynasty tried to protect were royal tombs and archives. During this time, an investigation by the Japanese into Korean historic sites began in earnest. Stung by this, enlightened intellectuals attempted to recognize them as constituting independent cultural heritage, but these attempts failed to be institutionalized. During the 1910-1945 Japanese occupation, the Japanese led investigations to institutionalize Korean cultural heritage, which formed the beginning of the current cultural heritage management system. At that time, the historical investigation, designation, protection, and enhancement activities led by the Japanese Government-General of Korea not only rationalized their colonial occupation of Korea but also illustrated their colonial perspective. Korean nationalists processed the campaign for the love of historical remains on an enlightening level, but they had their limits in that the campaign had been based on the outcome of research planned by the Japanese. During the 1945-2000 period following liberation from Japan, cultural heritage restoration projects took places that were based on nationalist ideology. People intended to consolidate the regime's legitimacy through these projects, and the enactment of the 'Cultural Heritage Charter' in 1997 represented an ideology in itself that stretched beyond a means of promoting nationalist ideology. During the past 20 centuries, cultural heritage content changed depending on the whims of those with political power. Such choices reflected the cultural ideology that the powers at any given time held with regard to cultural heritage. In the background of this cultural heritage choice mechanism, there have been working trade-off relationships formed between terminology and society, as well as the ideological characteristics of collective memories. The ruling party has tried to implant their ideology on their subjects, and we could consider that it wanted to achieve this by being involved in collective memories related to traditional culture, so called-choice, and utilization of cultural heritage.