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Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)

  • Cho Dae-Yun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.273-314
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    • 2004
  • There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

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The Recognition and Utilization of Middle School Technology.Home Economics Teacher's Guidebook (중학교 "기술.가정" 교과 교사용 지도서에 대한 가정 교사의 인식 및 활용)

  • Kang, Eun-Yeong;Shin, Hye-Won
    • Journal of Korean Home Economics Education Association
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    • v.19 no.2
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    • pp.1-12
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    • 2007
  • This study analyzed the recognition and utilization regarding teacher's guidebook for middle school technology-home economics class in the 7th Educational Curriculum. The data were collected via e-mail to teachers teaching home economics in middle schools. These e-mail addresses were acquired from middle school web pages registered on the Educational Board. The 355 data were analyzed using the SPSS program. The results were as follows: First, teachers recognized highly the necessity of teacher's guidebook. However, as the actual guidebook was not adequately helpful, the overall degree of satisfaction was relatively low. Teachers utilizing guidebook had more positive recognition on teacher's guidebook than teachers who did not. And teachers majored in technology education thought teacher's guidebook more helpful compared with teachers majored in home economics education. Second, teachers referenced teacher's guidebook mostly for field practice guidance. Third, teachers who did not utilize teacher's guidebook used other reference materials such as Internet Web sites and audiovisual materials. They were most commonly used for the reason that the contents were ample and easy to access. Fourth, the followings were suggested to improve teacher's guidebook. The provision of learning contents that can be practically used in class, the various samples of teaching-learning method, the specified methods of planning and criteria for performance assessment, the adequate supplementations regarding textbook contents, and the improvement of the outward layout format of the guidebook.

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Predicting the Performance of Recommender Systems through Social Network Analysis and Artificial Neural Network (사회연결망분석과 인공신경망을 이용한 추천시스템 성능 예측)

  • Cho, Yoon-Ho;Kim, In-Hwan
    • Journal of Intelligence and Information Systems
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    • v.16 no.4
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    • pp.159-172
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    • 2010
  • The recommender system is one of the possible solutions to assist customers in finding the items they would like to purchase. To date, a variety of recommendation techniques have been developed. One of the most successful recommendation techniques is Collaborative Filtering (CF) that has been used in a number of different applications such as recommending Web pages, movies, music, articles and products. CF identifies customers whose tastes are similar to those of a given customer, and recommends items those customers have liked in the past. Numerous CF algorithms have been developed to increase the performance of recommender systems. Broadly, there are memory-based CF algorithms, model-based CF algorithms, and hybrid CF algorithms which combine CF with content-based techniques or other recommender systems. While many researchers have focused their efforts in improving CF performance, the theoretical justification of CF algorithms is lacking. That is, we do not know many things about how CF is done. Furthermore, the relative performances of CF algorithms are known to be domain and data dependent. It is very time-consuming and expensive to implement and launce a CF recommender system, and also the system unsuited for the given domain provides customers with poor quality recommendations that make them easily annoyed. Therefore, predicting the performances of CF algorithms in advance is practically important and needed. In this study, we propose an efficient approach to predict the performance of CF. Social Network Analysis (SNA) and Artificial Neural Network (ANN) are applied to develop our prediction model. CF can be modeled as a social network in which customers are nodes and purchase relationships between customers are links. SNA facilitates an exploration of the topological properties of the network structure that are implicit in data for CF recommendations. An ANN model is developed through an analysis of network topology, such as network density, inclusiveness, clustering coefficient, network centralization, and Krackhardt's efficiency. While network density, expressed as a proportion of the maximum possible number of links, captures the density of the whole network, the clustering coefficient captures the degree to which the overall network contains localized pockets of dense connectivity. Inclusiveness refers to the number of nodes which are included within the various connected parts of the social network. Centralization reflects the extent to which connections are concentrated in a small number of nodes rather than distributed equally among all nodes. Krackhardt's efficiency characterizes how dense the social network is beyond that barely needed to keep the social group even indirectly connected to one another. We use these social network measures as input variables of the ANN model. As an output variable, we use the recommendation accuracy measured by F1-measure. In order to evaluate the effectiveness of the ANN model, sales transaction data from H department store, one of the well-known department stores in Korea, was used. Total 396 experimental samples were gathered, and we used 40%, 40%, and 20% of them, for training, test, and validation, respectively. The 5-fold cross validation was also conducted to enhance the reliability of our experiments. The input variable measuring process consists of following three steps; analysis of customer similarities, construction of a social network, and analysis of social network patterns. We used Net Miner 3 and UCINET 6.0 for SNA, and Clementine 11.1 for ANN modeling. The experiments reported that the ANN model has 92.61% estimated accuracy and 0.0049 RMSE. Thus, we can know that our prediction model helps decide whether CF is useful for a given application with certain data characteristics.

A study on security independent behavior in social game using expanded health belief model (건강신념모델을 확장한 소셜게임(Social Game) 보안의지행동에 관한 연구)

  • Ahn, Ho-Jeong;Kim, Sung-Jun;Kwon, Do-Soon
    • Management & Information Systems Review
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    • v.35 no.2
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    • pp.99-118
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    • 2016
  • With the development of Internet and popularization of smartphones over recent years, social network services are experiencing rapid growth. On top of this, smartphone gaming market is showing a rapid growth and the use of mobile social games is on the significant rise. The occurrence of game data manipulation targeting these services and personal information leakage is highlighting the importance of social gaming security. This study is intended to propose development plans effective and efficient in social game services by figuring out factors putting effects on security dependent behavior of social game users in Korea and carrying out a practical study on the casual relationship between factors influencing security dependent behavior through recognized behavioral control and attitudes for privacy infringement of these factors. To do this, proposed was a study model in which the HBM(Health Belief Model) allowing the social game user to influence security dependent behavior was expanded and applied as a major variable. To verify the study model of this study practically, a survey was conducted among university students in Seoul-based K University and S University who had experienced using social game services. According to the study findings, firstly, the perceived seriousness turned out to provide positive influence to trust. But, the perceived seriousness turned out not to put positive effects on self-efficacy. Secondly, the perceived probability turned out not to put positive effects on self-efficacy and trust. Thirdly, the perceived gain turned out to put positive effects on self-efficacy and trust. Fourthly, the perceived disorder turned out not to put positive effects on self-efficacy and trust. Fifthly, self-efficacy turned out to put positive effects on trust. But, self-efficacy turned out not to put positive effects on security dependent behavior. Sixthly, trust turned out not to put positive effects on security dependent behavior. This study is intended to make a strategic proposal so that social game users can raise awareness of their level of security perception and security willingness through this.

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Effect of Storage Conditions on the Dormancy Release and the Induction of Secondary Dormancy in Weed Seeds (저장조건이 잡초종자의 휴면타파와 이차휴면 유도에 미치는 효과)

  • Kim, J.S.;Hwang, I.T.;Cho, K.Y.
    • Korean Journal of Weed Science
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    • v.16 no.3
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    • pp.200-209
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    • 1996
  • It is assumed to be an efficient method for keeping a germinability of weed seeds as long as possible, if a secondary dormancy is not induced by transferring the seeds of which dormancy was broken in wetting condition into drying condition. To investigate its validity, two experiments were carried out on seeds of 9 weed species ; to find out the most effective storage condition in breaking the dormancy of each weed species and to know whether there is a decrease in the germinability by transferring into drying storage condition. The dormancy of Chenopodium album and Stellaria aquatica was released well under the drying condition, but that of Echinochloa crus-galli var. oryzicola by soaking in water. Other weed species were released from dormancy by storage in wetting condition. When the seeds stored in the wetting or soaking condition, are air-dried and then restored at room or low temperature, a decreasing tendency of germinability which might cause a trouble in using them practically, was not observed except on the seeds of Persicaria vulgaris. In the case of Persicaria vulgaris, the low germination since 3 month-storage seemed not to be caused by drying, because a decrease of its germinability was observed with increasing storage period in all of the storage conditions. In contrast, high germination was induced as the seeds of Echinochloa crusgalli var. oryzicola, which were not germinated during the storage in low temperature and wetting condition, were transferred into the room temperature and drying condition. These results suggest that this approach can be one of the efficient methods for keeping a good germinability as long as possible in most weed seeds.

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Failure Behavior and Separation Criterion for Strengthened Concrete Members with Steel Plates (강판과 콘크리트 접착계면의 파괴거동 및 박리특성)

  • 오병환;조재열;차수원
    • Journal of the Korea Concrete Institute
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    • v.14 no.1
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    • pp.126-135
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    • 2002
  • Plate bonding technique has been widely used in strengthening of existing concrete structures, although it has often a serious problem of premature falure such as interface separation and rip-off. However, this premature failure problem has not been well explored yet especially in view of local failure mechanism around the interface of plate ends. The purpose of the present study is, therefore, to identify the local failure of strengthened plates and to derive a separation criterion at the interface of plates. To this end, a comprehensive experimental program has been set up. The double lap pull-out tests considering pure shear force and half beam tests considering combined flexure-shear force were performed. The main experimental parameters include plate thickness, adhesive thickness, and plate end arrangement. The strains along the longitudinal direction of steel plates have been measured and the shear stress were calculated from those measures strains. The effects of plate thickness, bonded length, and plate end treatment have been also clarified from the present test results. Nonlinear finite element analysis has been performed and compared with test results. The Interface properties are also modeled to present the separation failure behavior of strengthened members. The cracking patterns as well as maximum failure loads agree well with test data. The relation between maximum shear and normal stresses at the interface has been derived to propose a separation failure criterion of strengthened members. The present study allows more realistic analysis and design of externally strengthened flexural member with steel plates.

An Experimental Study on Establishing Criteria of Gripping Work in Construction Site (건설 현장 악력 작업안전 기준 설정에 관한 실험적 연구)

  • 손기상;이인홍;최만진;안병준
    • Journal of the Korean Society of Safety
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    • v.10 no.3
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    • pp.81-95
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    • 1995
  • Now, safety assurance in construction sites should be accomplished by its own organization rather than control of the code or government. It is believed that the safety assurance can be considerably improved by a lecture or an education using the existing theories or literatures up to now, but it is thought that fundamental safety assurance we not able to be accomplished without developing safety devices '||'&'||' equipment or taking fundamental measures, based on the result analyzed from workers behaviors. There are various behaviors of the workers showed in construction site, but only tests for hammerusing works such as form, re-bar, stone workers directly related to the grip strength are mainly performed, investigated and measured here for the study. The above works are similar to power grip, 7th picture on seven items which are categorized for hand grip types(Ammermin 1956 ; Jones ; Kobrick 1958). Measurements of grip strength are commonly taken in anthropometric surveys. They are easy to administer but unfortunately it is rather dubious whether they yield any data that are of interest to the engineer. Very fewer controls of tools are grasped and squeesed studies showed very little overall correlation between grip strength and other measures of bodily strength (Laubach, Kromer, and Thordsen 1972), but hammer-using work which is practically progressed in construction site are mainly influenced with grip strength. According to the investigation on work measurement, it is shown that 77% of form worker are using hammer to be related to grip strength. In this study, it is particularly noticed that wearing safety gloves in construction site is required for workers safety but 20% difference between grip strength with safety gloves and without ones are commonly neglected in the site(Fig. 1). Nevertheless, safety operation with consideration of the above 20% difference is not considered in the construction site. Factors of age, kinds of work, working time, with or without safety gloves are in vestigated '||'&'||' collected at the sites for this study. Test, not at each working hour but at 14 : 00 when the almost all of the workers think the most tired, resulting from the questionaires, also when it is shown on the research report has been performed and compared for main kinds of works : form '||'&'||' re-bar work. Tests were performed with both left SE rightand of the workers simultaneously in construction site using Rand Dynamometer(Model 78010, Lafayette Instrument Co., Indiana, U.S.A) by reading grip strength on the gauge while they are pulling, and then by interviewing on their ages, works, experiences and etc., directly. The above tests have been performed for the dates of 15th march-26th May '95 with consideration of site condition. And even if various factors of ambient temperature on the testing date, working condition, individual worker's habit and worker's condition of the previous ate are concerned with the study. Those are considered as constants in this study. Samples are formwork 53, rebar 62, electrician 5, plumber 4, welding 1 from D construction Co., Ltd, ; formwork 12, re-bar 5, electrician 2, from S construction Co., Ltd, , formwork 78, re-bar 18, plumber 31, electrician 13, labor 48, plumber 31, plasterer 15, concrete placer 6, water proof worker 3, maisony 5 from B construction Co., Ltd. As In the previously mentioned, main aspect to be investigated in this study will be from '||'&'||' re-bar work because grip strength will be directly applied to these two kinds of works ; form '||'&'||' re-bar work, eventhough there are total 405 samples taken. It is thought that a frequency of accident occurrence will be mainly two work postures "looking up '||'&'||' looking down" to be mainly sorted, but this factor is not clarified in this study because It will be needed a lot of work more. Tests has been done at possible large scale of horizontally work-extended sites within one hour in order to prevent or decrease errors '||'&'||' discrepancies from time lag of the test. Additionally, the statistical package computer program SPSS PC+has been used for the study.

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The Effect of Patent Citation Relationship on Business Performance : A Social Network Analysis Perspective (특허 인용 관계가 기업 성과에 미치는 영향 : 소셜네트워크분석 관점)

  • Park, Jun Hyung;Kwahk, Kee-Young
    • Journal of Intelligence and Information Systems
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    • v.19 no.3
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    • pp.127-139
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    • 2013
  • With an advent of recent knowledge-based society, the interest in intellectual property has increased. Firms have tired to result in productive outcomes through continuous innovative activity. Especially, ICT firms which lead high-tech industry have tried to manage intellectual property more systematically. Firm's interest in the patent has increased in order to manage the innovative activity and Knowledge property. The patent involves not only simple information but also important values as information of technology, management and right. Moreover, as the patent has the detailed contents regarding technology development activity, it is regarded as valuable data. The patent which reflects technology spread and research outcomes and business performances are closely interrelated as the patent is considered as a significant the level of firm's innovation. As the patent information which represents companies' intellectual capital is accumulated continuously, it has become possible to do quantitative analysis. The advantages of patent in the related industry information and it's standardize information can be easily obtained. Through the patent, the flow of knowledge can be determined. The patent information can analyze in various levels from patent to nation. The patent information is used to analyze technical status and the effects on performance. The patent which has a high frequency of citation refers to having high technological values. Analyzing the patent information contains both citation index analysis using the number of citation and network analysis using citation relationship. Network analysis can provide the information on the flows of knowledge and technological changes, and it can show future research direction. Studies using the patent citation analysis vary academically and practically. For the citation index research, studies to analyze influential big patent has been conducted, and for the network analysis research, studies to find out the flows of technology in a certain industry has been conducted. Social network analysis is applied not only in the sociology, but also in a field of management consulting and company's knowledge management. Research of how the company's network position has an impact on business performances has been conducted from various aspects in a field of network analysis. Social network analysis can be based on the visual forms. Network indicators are available through the quantitative analysis. Social network analysis is used when analyzing outcomes in terms of the position of network. Social network analysis focuses largely on centrality and structural holes. Centrality indicates that actors having central positions among other actors have an advantage to exert stronger influence for exchange relationship. Degree centrality, betweenness centrality and closeness centrality are used for centrality analysis. Structural holes refer to an empty place in social structure and are defined as efficiency and constraints. This study stresses and analyzes firms' network in terms of the patent and how network characteristics have an influence on business performances. For the purpose of doing this, seventy-four ICT companies listed in S&P500 are chosen for the sample. UCINET6 is used to analyze the network structural characteristics such as outdegree centrality, betweenness centrality and efficiency. Then, regression analysis test is conducted to find out how these network characteristics are related to business performance. It is found that each network index has significant impacts on net income, i.e. business performance. However, it is found that efficiency is negatively associated with business performance. As the efficiency increases, net income decreases and it has a negative impact on business performances. Furthermore, it is shown that betweenness centrality solely has statistically significance for the multiple regression analysis with three network indexes. The patent citation network analysis shows the flows of knowledge between firms, and it can be expected to contribute to company's management strategies by analyzing company's network structural positions.

Financial Fraud Detection using Text Mining Analysis against Municipal Cybercriminality (지자체 사이버 공간 안전을 위한 금융사기 탐지 텍스트 마이닝 방법)

  • Choi, Sukjae;Lee, Jungwon;Kwon, Ohbyung
    • Journal of Intelligence and Information Systems
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    • v.23 no.3
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    • pp.119-138
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    • 2017
  • Recently, SNS has become an important channel for marketing as well as personal communication. However, cybercrime has also evolved with the development of information and communication technology, and illegal advertising is distributed to SNS in large quantity. As a result, personal information is lost and even monetary damages occur more frequently. In this study, we propose a method to analyze which sentences and documents, which have been sent to the SNS, are related to financial fraud. First of all, as a conceptual framework, we developed a matrix of conceptual characteristics of cybercriminality on SNS and emergency management. We also suggested emergency management process which consists of Pre-Cybercriminality (e.g. risk identification) and Post-Cybercriminality steps. Among those we focused on risk identification in this paper. The main process consists of data collection, preprocessing and analysis. First, we selected two words 'daechul(loan)' and 'sachae(private loan)' as seed words and collected data with this word from SNS such as twitter. The collected data are given to the two researchers to decide whether they are related to the cybercriminality, particularly financial fraud, or not. Then we selected some of them as keywords if the vocabularies are related to the nominals and symbols. With the selected keywords, we searched and collected data from web materials such as twitter, news, blog, and more than 820,000 articles collected. The collected articles were refined through preprocessing and made into learning data. The preprocessing process is divided into performing morphological analysis step, removing stop words step, and selecting valid part-of-speech step. In the morphological analysis step, a complex sentence is transformed into some morpheme units to enable mechanical analysis. In the removing stop words step, non-lexical elements such as numbers, punctuation marks, and double spaces are removed from the text. In the step of selecting valid part-of-speech, only two kinds of nouns and symbols are considered. Since nouns could refer to things, the intent of message is expressed better than the other part-of-speech. Moreover, the more illegal the text is, the more frequently symbols are used. The selected data is given 'legal' or 'illegal'. To make the selected data as learning data through the preprocessing process, it is necessary to classify whether each data is legitimate or not. The processed data is then converted into Corpus type and Document-Term Matrix. Finally, the two types of 'legal' and 'illegal' files were mixed and randomly divided into learning data set and test data set. In this study, we set the learning data as 70% and the test data as 30%. SVM was used as the discrimination algorithm. Since SVM requires gamma and cost values as the main parameters, we set gamma as 0.5 and cost as 10, based on the optimal value function. The cost is set higher than general cases. To show the feasibility of the idea proposed in this paper, we compared the proposed method with MLE (Maximum Likelihood Estimation), Term Frequency, and Collective Intelligence method. Overall accuracy and was used as the metric. As a result, the overall accuracy of the proposed method was 92.41% of illegal loan advertisement and 77.75% of illegal visit sales, which is apparently superior to that of the Term Frequency, MLE, etc. Hence, the result suggests that the proposed method is valid and usable practically. In this paper, we propose a framework for crisis management caused by abnormalities of unstructured data sources such as SNS. We hope this study will contribute to the academia by identifying what to consider when applying the SVM-like discrimination algorithm to text analysis. Moreover, the study will also contribute to the practitioners in the field of brand management and opinion mining.

Interpretation of Cultural Landscape Elements at the Management of Udam Chae Deug-gi's Gyeongcheondae(擎天臺) (우담 채득기의 경천대 경영에 나타난 문화경관 요소의 해석)

  • Lee, Yoo-Jin;Kim, Soo-Jin;Sim, Woo-Kyung
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.28 no.4
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    • pp.127-143
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    • 2010
  • This research was made on the interpretation of cultural landscape elements which is shown at nature management around Gyeongcheondae managed by Udam Chae Deug-gi, scholar in Joseon dynasty. Naming the nature management and natural features not only reflected on the formation toward the view of nature by the contemporary intellectuals, but influenced on the fashion of garden culture. Udam Chae Deug-gi dwelt in the riverside of Sangju, Kyungbuk as the characteristics of hermitage and managed landscape and had a willing to live a life free from worldly cares. The Gyeongchundae 28 landscapes, which was managed by himself, represent that natural features are named on the basis of neo-confucian principle and loyalty and he imposed symbolic meaning on landscape management by practically translating his aesthetic consciousness to reality; the name of detailed landscape is largely 'loyalty to Ming dynasty and to king's order and loyalty', 'Taoism' and 'Management will of landscape' by the life of metaphor and enjoyment, and symbolizes 'Searching for learning'. In addition, by selecting 10 out of 28 landscapes around Gyeongcheondae, lyrically describing the landscape by representing the change of time, season and the climate which is the scenic term of Great 8 Sosang views in fashion at that time focusing on the place he strolled or enjoyed watching himself; it can be seen that such moves are related with the landscape management in fashion in order to understand microcosmic providence with the change of natural environment. Therefore, Udam Chaedeug-gi is regarded as the neo-confucian view of nature for which any value scholars in Joseon dynasty have to own - 'loyalty' and 'integrity' - he usually emphasized himself to name the natural features and overcome the darkness of society comparing the landscape management around Gyeongchundae he lived a life free from worldly cares to the situation of Joseon dynasty when a transition times between Ming and Chung comes from China.