• Title/Summary/Keyword: relevant Act

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Analysis of Factors and Preventive Effects of Crack in Educational Facilities Using Quadrant Analysis Techniques (사분면 분석기법을 활용한 교육시설 균열하자 발생 원인 및 예방효과 분석)

  • Park, Hyun Jung;Kim, Moon Sik;Kim, Hyoung Woo;Kim, Dae Young
    • Journal of the Korea Institute of Building Construction
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    • v.23 no.6
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    • pp.773-784
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    • 2023
  • Since 2007, the government has been actively working to enhance the quality of public buildings, as evidenced by initiatives like the "National Basic Architecture Plan" and, since 2014, the "Building Service Industry Promotion Act." Despite these efforts, educational facilities continue to experience more frequent defects compared to large-scale apartment constructions. This study aims to analyze the primary causes of crack formation in educational facilities, employing the 2×2 MATRIX and IPA techniques to develop efficient crack prediction models. The research includes a review of relevant literature and an analysis of data from the Office of Education spanning 2019 to 2021 to pinpoint significant defects. Subsequently, 15 factors related to crack defects were identified through surveys and expert consultations. The 2×2 Matrix analysis of these factors highlighted the challenges in work processes and the effectiveness of preventative measures for crack formation, focusing on key areas for improvement. The findings from this study are anticipated to significantly contribute to the prevention and management of structural cracks in educational facilities, ensuring their long-term integrity.

Review on the Justifiable Grounds for Withdrawal of Meaningless Life-sustaining Treatment -Based on a case of Supreme Court's Sentence No. 2009DA17417 (May 21, 2009)- (무의미한 연명치료 중단 등의 기준에 관한 재고 - 대법원 2009.5.21 선고 2009다17417사건 판결을 중심으로 -)

  • Moon, Seong-Jea
    • The Korean Society of Law and Medicine
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    • v.10 no.2
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    • pp.309-341
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    • 2009
  • According to a case of Supreme Court's Sentence No. 2009DA17417 (May 21, 2009), the Supreme Court judges that 'the right to life is the ultimate one of basic human rights stipulated in the Constitution, so it is required to very limitedly and conservatively determine whether to discontinue any medical practice on which patient's life depends directly.' In addition, the Supreme Court admits that 'only if a patient who comes to a fatal phase before death due to attack of any irreversible disease may execute his or her right of self-determination based on human respect and values and human right to pursue happiness, it is permissible to discontinue life-sustaining treatment for him or her, unless there is any special circumstance.' Furthermore, the Supreme Court finds that 'if a patient who is attacked by any irreversible disease informs medical personnel of his or her intention to agree on the refusal or discontinuance of life-sustaining treatment in advance of his or her potential irreversible loss of consciousness, it is justifiable that he or she already executes the right of self-determination according to prior medical instructions, unless there is any special circumstance where it is reasonably concluded that his or her physician is changed after prior medical instructions for him or her.' The Supreme Court also finds that 'if a patient remains at irreversible loss of consciousness without any prior medical instruction, he or she cannot express his or her intentions at all, so it is rational and complying with social norms to admit possibility of estimating his or her own intentions on withdrawal of life-sustaining treatment, provided that such a withdrawal of life-sustaining treatment meets his or her interests in view of his or her usual sense of values or beliefs and it is reasonably concluded that he or she could likely choose to discontinue life-sustaining treatment, even if he or she were given any chance to execute his or her right of self-determination.' This judgment is very significant in a sense that it suggests the reasonable orientation of solutions for issues posed concerning withdrawal of meaningless life-sustaining medical efforts. The issues concerning removal of medical instruments for meaningless life-sustaining treatment and discontinuance of such treatment in regard to medical treatment for terminal cases don't seem to be so much big deal when a patient has clear consciousness enough to express his or her intentions, but it counts that there is any issue regarding a patient who comes to irreversible loss of consciousness and cannot express his or her intentions. Therefore, it is required to develop an institutional instrument that allows relevant authority to estimate the scope of physician's medical duties for terminal patients as well as a patient's intentions to withdraw any meaningless treatment during his or her terminal phase involving loss of consciousness. However, Korean judicial authority has yet to clarify detailed cases where it is permissible to discontinue any life-sustaining treatment for a patient in accordance with his or her right of self-determination. In this context, it is inevitable and challenging to make better legislation to improve relevant systems concerning withdrawal of life-sustaining treatment. The State must assure the human basic rights for its citizens and needs to prepare a system to assure such basic rights through legislative efforts. In this sense, simply entrusting physician, patient or his or her family with any critical issue like the withdrawal of meaningless life-sustaining treatment, even without any reasonable standard established for such entrustment, means the neglect of official duties by the State. Nevertheless, this issue is not a matter that can be resolved simply by legislative efforts. In order for our society to accept judicial system for withdrawal of life-sustaining treatment, it is important to form a social consensus about this issue and also make proactive discussions on it from a variety of standpoints.

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Evaluating the Visual Contrast Rating of the Landscape Impact Factors - A case study for the Buildings in Natural Landscape - (경관영향 요소별 경관 대비성 평가 - 자연경관에 도입되는 건축물을 중심으로 -)

  • Choi, Won-Bin;Shin, Ji-Hoon
    • Journal of Korean Society of Rural Planning
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    • v.24 no.3
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    • pp.87-96
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    • 2018
  • While cities became bigger and bigger since 1990s, many indiscretely high buildings started to be built in the mountain areas inside a city and in the rural areas in the suburb of each city. To regulate such indiscrete developments, the government prepared for some relevant legal and institutional criteria by having enacted the "Landscape Act" and established a strong management means in the legal and institutional aspects by having introduced the natural landscape deliberation system and the landscape deliberation one into the "Natural Environment Conservation Act." However, since some uniform levels of absolute height and no. of stories are suggested legally and institutionally, it is hard to consider the effects of a real building structure onto the relevant landscape. Accordingly, this thesis is intended to grasp the contrast of the landscape elements in the allowable height section, which is presented through landscape sensitivity. As the results from the visual contrast rating on a small apartment complex located in Dangjin and a large scale of apartment complex in Seosan as the apartment complexes surrounded with natural landscapes that were selected as the subjects of this study, the following conclusion can be finalized. First, there were deducted some factors, that is, forms, lines, colors, textures and sizes as the ones with which can measure and evaluate the contrasting properties when a structure gets into a natural landscape. Second, in case of a small scale of apartment complex (in the foreground) compared to a large one (in the foreground), it was found that the contrasting properties were bigger. In addition, it was also found that the contrasting property of the landscape factor of the foreground compared to that of the middle one becomes bigger depending on a distance. Third, as the results from an evaluation on the contrasting properties of the landscape factor depending on the changes of each floor of a structure, it was found that the factors, that is, forms, lines, colors, textures and sizes are very significant. Among those factors, the factors, forms and lines in a small scale of apartment complex (in the foreground) showed each log regression. But in all of the other cases, they showed each line regression. Fourth, as the results from examining the regression coefficients of the landscape factor, the coefficients of the shapes and lines have similar coefficients and the colors and the textures have similar ones, too. In case of the sizes of apartment complexes, the colors and the textures of a large apartment complex (in the foreground) have similar coefficients, in case of that in the middle ground, the shapes and lines have similar coefficients. Fifth, as the results from estimating the contrasting properties of the landscape factor on the floors within the allowed scope of the landscape sensitivity, it was found that the contrasting property was 3.5 to 4.9 in case of a small scale of apartment complex (in the foreground), but 2.5to 3.7 in case of a small scale of one. In case of a large scale of apartment complex, the value was 3.5 to 5.3, but in case of a large one in the middle ground was 2.9 to 4.9. Sixth, it was comprehended that the contrasting properties of the landscape factor become different depending on each size of apartment complex and the distance of a view point. In this study, it is intended to find the meaning from the aspect that the results can be used as the baseline data for comprehending a proper range of heights of structures objectively during a natural landscape deliberation or a landscape deliberation.

A Plan for Activating Elderly Sports to Promote Health in the COVID-19 Era (코로나19 시대 건강증진을 위한 노인체육 활성화 방안)

  • Cho, Kyoung-Hwan
    • Journal of Korea Entertainment Industry Association
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    • v.14 no.7
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    • pp.141-160
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    • 2020
  • The purpose of this study was to devise a specific plan for activating sports to promote health in old age against the prolonged COVID-19 pandemic. Through literature review, it also analyzed the association between health status and COVID-19 in old age, suggested health promotion policies and projects for elderly people, and presented a plan for activating sport to promote health in old age against COVID-19 era. First, it is necessary to revise the relevant laws, including the Sport Promotion Act and the Elderly Welfare Act, partially or entirely, make developmental and convergent legislations for elderly health and sports, and establish an institutional device as needed. Second, it is necessary to build an integrated digital platform for the elderly and make a supporting system that links facilities, programs, information, and job creation as part of a New Deal program in the field of sports on the basis of the Korean New Deal. Third, it is necessary to train elderly welfare professionals. Efforts should be made to establish more departments related to elderly sports in universities and make it compulsory to place elderly sports instructors at elderly leisure and welfare facilities. Fourth, it is necessary to develop contents related to health in old age. This means performing diverse movements by manipulating them through a virtual reality (VR) simulation. Fifth, it is necessary to make a greater investment in research and development related to elderly sports and relevant fields. This means the need to conduct constant research on healthy and active aging in a systematic and practical way through multidisciplinary cooperation. Sixth, it is necessary to establish and operate an elderly management agency (elderly health agency) under the influence of the Office of the Prime Minister. This means the need to secure independence in implementing the functions related to health promotion in old age and make comprehensive operation, which involves all the issues of health promotion in old age, daily function maintenance and rehabilitation, social adjustment, and long-term care, by establishing an elderly management agency in an effort to give lifelong health management to the elderly and cope with the untact, New Normal age.

The Liability for Space Activity of Launching State of Space Object and Improvement of Korea's Space Policy (우주물체 발사국의 우주활동에 대한 책임과 우리나라 우주정책의 개선방향)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.295-347
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    • 2013
  • Korea launched the science satellite by the first launch vehicle Naro-ho(KSLV-1) at the Naro Space Center located at Oinarodo, Cohenggun Jellanamdo in August, 2009 and October, 2010. However, the first and second launch failed. At last, on January 30, 2013 the third launch of the launch vehicle Naro-ho has successfully launched and the Naro science satellite penetrated into the space orbit. Owing to the succeed of the launch of Naro-ho, Korea joined the space club by the eleventh turn following the United States, Russia, Japan and China. The United Nations adopted the Outer Space Treaty of 1967, the Rescue Agreement of 1968, the Liability Convention of 1972, the Regislation Convention of 1976, and Moon Agreement of 1979. Korea ratified the above space-related treaties except the Moon Agreement. Such space-related treaties regulate the international liability for the space activity by the launching state of the space object. Especially the Outer Space Treaty regulates the principle concerning the state's liability for the space activity. Each State Party to the Treaty that launches or procures the launching of an object into outer space is internationally liable for damage to another State Party or to its natural or judicial persons by such object or its component parts on the earth, in air space or in outer space. Under the Liability Convention, a launching state shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight. The major nations of the world made national legislations to observe the above space-related treaties, and to promote the space development, and to regulate the space activity. In Korea, the United States, Russia and Japan, the national space-related legislation regulates the government's liability of the launching state of the space object. The national space-related legislations of the major nations are as follows : the Outer Space Development Promotion Act and Outer Space Damage Compensation Act of Korea, the National Aeronautic and Space Act and Commercial Space Launch Act of the United States, the Law on Space Activity of Russia, and the Law concerning Japan Aerospace Exploration Agency and Space Basic Act of Japan. In order to implement the government's liability of the launching state of space object under space-related treaties and national legislations, and to establish the standing as a strong space nation, Korea shall improve the space-related policy, laws and system as follows : Firstly, the legal system relating to the space development and the space activity shall be maintained. For this matter, the legal arrangement and maintenance shall be made to implement the government's policy and regulation relating to the space development and space activity. Also the legal system shall be maintained in accordance with the elements for consideration when enacting the national legislation relevant to the peaceful exploration and use of outer space adopted by UN COPUOS. Secondly, the liability system for the space damage shall be improved. For this matter, the articles relating to the liability for the damage and the right of claiming compensation for the expense already paid for the damage in case of the joint launch and consigned launch shall be regulated newly. Thirdly, the preservation policy for the space environment shall be established. For this matter, the consideration and preservation policy of the environment in the space development and use shall be established. Also the rule to mitigate the space debris shall be adopted. Fourthly, the international cooperation relating to the space activity shall be promoted. For this matter, the international cooperation obligation of the nation in the exploration and use of outer space shall be observed. Also through the international space-related cooperation, Korea shall secure the capacity of the space development and enter into the space advanced nation.

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Definition and Division in Intelligent Service Facility for Integrating Management (지능화시설의 통합운영관리를 위한 정의 및 구분에 관한 연구)

  • PARK, Jeong-Woo;YIM, Du-Hyun;NAM, Kwang-Woo;KIM, Jin-Young
    • Journal of the Korean Association of Geographic Information Studies
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    • v.19 no.4
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    • pp.52-62
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    • 2016
  • Smart City is urban development for complex problem solving that provides convenience and safety for citizens, and it is a blueprint for future cities. In 2008, the Korean government defined the construction, management, and government support of U-Cities in the legislation, Act on the Construction, Etc. of Ubiquitous Cities (Ubiquitous City Act), which included definitions of terms used in the act. In addition, the Minister of Land, Infrastructure and Transport has established a "ubiquitous city master plan" considering this legislation. The concept of U-Cities is complex, due to the mix of informatization and urban planning. Because of this complexity, the foundation of relevant regulations is inadequate, which is impeding the establishment and implementation of practical plans. Smart City intelligent service facilities are not easy to define and classify, because technology is rapidly changing and includes various devices for gathering and expressing information. The purpose of this study is to complement the legal definition of the intelligent service facility, which is necessary for integrated management and operation. The related laws and regulations on U-City were analyzed using text-mining techniques to identify insufficient legal definitions of intelligent service facilities. Using data gathered from interviews with officials responsible for constructing U-Cities, this study identified problems generated by implementing intelligent service facilities at the field level. This strategy should contribute to improved efficiency management, the foundation for building integrated utilization between departments. Efficiencies include providing a clear concept for establishing five-year renewable plans for U-Cities.

Constructing A Local Network for Effective Implementation of Integrated Coastal Management (연안통합관리계획의 효과적 실행을 위한 지역 Network 시범모델 연구)

  • Lee, Dae-In;Cho, Hyeon-Seo;Cho, Eun-Il;Lee, Yung-Chul
    • Journal of the Korean Society for Marine Environment & Energy
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    • v.10 no.1
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    • pp.44-52
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    • 2007
  • Integrated Coastal Management(ICM) has been recommended by international organizations and experts as a desirable way of dealing with the current problems of ocean pollution and ocean conservation and dealing with the conflicts among the various users of coastal and ocean resources. As a response, the Korean government legislated Coastal Management Act in 1999. following the Act, local governments were required to make a local integrated coastal management plan(LICMP). Though the LICMPs are made, it is not easy to put LICMP in effect, because the mandates of the Coastal Management Act are not clear and there are conflicts regarding the jurisdiction of the coastal areas among relevant departments of the government and because it is not easy to monitor and supervise the activities along the vast areas of coasts and oceans. The traditional method of Implementing the LICMP was not simply feasible. Community-based approach to the ICM was proposed as an alternative to the traditional method. This study aims to examine and introduce the community-based network of organizations as an alternative form of organization best suited to the integrated coastal management. This study is composed of four major parts. First, it examines the advantages of the network as a form of organization vis-vis the market and the hierarchy. Second, it reviews three well-known cases of integrated coastal management programs - Xiamen ICM program in China, Coastcare in Australia and Atlantic Coastal Action Program in Canada. Third, on the basis of the case study, it proposes principles and guidelines which we need to consider when we introduce the community-based approach to the ICM in Korea. Fourth, this study also reports on the actual networking processes in Yeosu City(the Yeosu Network for the effective implementation of integrated coastal management plan). The networking in Yeosu will serve as a demonstration of networking various stake-holders concerned with the balance between the development and conservation of finite ocean resources.

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Management of plant genetic resources at RDA in line with Nagoya Protocol

  • Yoon, Moon-Sup;Na, Young-Wang;Ko, Ho-Cheol;Lee, Sun-Young;Ma, Kyung-Ho;Baek, Hyung-Jin;Lee, Su-Kyeung;Lee, Sok-Young
    • Proceedings of the Korean Society of Crop Science Conference
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    • 2017.06a
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    • pp.51-52
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    • 2017
  • "Plant genetic resources for food and agriculture" means any genetic material of plant origin of actual or potential value for food and agriculture. "Genetic material" means any material of plant origin, including reproductive and vegetative propagating material, containing functional units of heredity. (Internal Treaty on Plant Genetic Resources for Food and Agriculture, ITPGRFA). The "Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity (shortly Nagoya Protocol)" is a supplementary agreement to the Convention on Biological Diversity. It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources. The Nagoya Protocol on ABS was adopted on 29 October 2010 in Nagoya, Japan and entered into force on 12 October 2014, 90 days after the deposit of the fiftieth instrument of ratification. Its objective is the fair and equitable sharing of benefits arising from the utilization of genetic resources, thereby contributing to the conservation and sustainable use of biodiversity. The Nagoya Protocol will create greater legal certainty and transparency for both providers and users of genetic resources by; (a) Establishing more predictable conditions for access to genetic resources and (b) Helping to ensure benefit-sharing when genetic resources leave the country providing the genetic resources. By helping to ensure benefit-sharing, the Nagoya Protocol creates incentives to conserve and sustainably use genetic resources, and therefore enhances the contribution of biodiversity to development and human well-being. The Nagoya Protocol's success will require effective implementation at the domestic level. A range of tools and mechanisms provided by the Nagoya Protocol will assist contracting Parties including; (a) Establishing national focal points (NFPs) and competent national authorities (CNAs) to serve as contact points for information, grant access or cooperate on issues of compliance, (b) An Access and Benefit-sharing Clearing-House to share information, such as domestic regulatory ABS requirements or information on NFPs and CNAs, (c) Capacity-building to support key aspects of implementation. Based on a country's self-assessment of national needs and priorities, this can include capacity to develop domestic ABS legislation to implement the Nagoya Protocol, to negotiate MAT and to develop in-country research capability and institutions, (d) Awareness-raising, (e) Technology Transfer, (f) Targeted financial support for capacity-building and development initiatives through the Nagoya Protocol's financial mechanism, the Global Environment Facility (GEF) (Nagoya Protocol). The Rural Development Administration (RDA) leading to conduct management agricultural genetic resources following the 'ACT ON THE PRESERVATION, MANAGEMENT AND USE OF AGRO-FISHERY BIO-RESOURCES' established on 2007. According to $2^{nd}$ clause of Article 14 (Designation, Operation, etc. of Agencies Responsible for Agro-Fishery Bioresources) of the act, the duties endowed are, (a) Matters concerning securing, preservation, management, and use of agro-fishery bioresources; (b) Establishment of an integrated information system for agro-fishery bioresources; (c) Matters concerning medium and long-term preservation of, and research on, agro-fishery bioresources; (d) Matters concerning international cooperation for agro-fishery bioresources and other relevant matters. As the result the RDA manage about 246,000 accessions of plant genetic resources under the national management system at the end of 2016.

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A Study of the Cultural Legislation of Historic Properties during the Japanese Colonial Period - Related to the Establishment and Implementation of the Chosun Treasure Historic Natural Monument Preservation Decree (1933) - (일제강점기 문화재 법제 연구 - 「조선보물고적명승천연기념물보존령(1933년)」 제정·시행 관련 -)

  • Kim, Jongsoo
    • Korean Journal of Heritage: History & Science
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    • v.53 no.2
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    • pp.156-179
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    • 2020
  • The Preservation Decree (1933) is the basic law relevant to the conservation of cultural property of colonial Chosun, and invoked clauses from the Old History Preservation Act (1897), the Historic Scenic Sites Natural Monument Preservation Act (1919), and the National Treasure Preservation Act (1929), which were all forms of Japanese Modern Cultural Heritage Law, and actually used the corresponding legal text of those laws. Thus, the fact that the Preservation Decree transplanted or imitated the Japanese Modern Cultural Heritage Law in the composition of the constitution can be proved to some extent. The main features and characteristics of the Preservation Decree are summarized below. First, in terms of preservation of cultural property, the Preservation Decree strengthened and expanded preservation beyond the existing conservation rules. In the conservation rules, the categories of cultural properties were limited to historic sites and relics, while the Preservation Decree classifies cultural properties into four categories: treasures, historic sites, scenic spots, and natural monuments. In addition, the Preservation Decree is considered to have advanced cultural property preservation law by establishing the standard for conserving cultural property, expanding the scope of cultural property, introducing explicit provisions on the restriction of ownership and the designation system for cultural property, and defining the basis for supporting the natural treasury. Second, the Preservation Decree admittedly had limitations as a colonial cultural property law. Article 1 of the Preservation Decree sets the standard of "Historic Enhancement or Example of Art" as a criteria for designating treasures. With the perspective of Japanese imperialism, this acted as a criterion for catering to cultural assets based on the governor's assimilation policy, revealing its limitations as a standard for preserving cultural assets. In addition, the Japanese imperialists asserted that the cultural property law served to reduce cultural property robbery, but the robbery and exporting of cultural assets by such means as grave robbery, trafficking, and exportation to Japan did not cease even after the Preservation Decree came into effect. This is because governors and officials who had to obey and protect the law become parties to looting and extraction of property, or the plunder and release of cultural property by the Japanese continued with their acknowledgement,. This indicates that cultural property legislation at that time did not function properly, as the governor allowed or condoned such exporting and plundering. In this way, the cultural property laws of the Japanese colonial period constituted discriminative colonial legislation which was selected and applied from the perspective of the Japanese government-general in the designation and preservation of cultural property, and the cultural property policy of Japan focused on the use of cultural assets as a means of realizing their assimilation policy. Therefore, this suggests that the cultural property legislation during the Japanese colonial period was used as a mechanism to solidify the cultural colonial rules of Chosun and to realize the assimilation policy of the Japanese government-general.

The Application of the Principle of "Preserving the Original Form" to Intangible Heritage and Its Meaning (무형문화재 '원형규범'의 이행과 의미 고찰)

  • Lee, Jae Phil
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.146-165
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    • 2016
  • With the introduction of the system of recognizing masters of craft and performance skills in 1970, the principle of "preserving the original form," which was already in general use, was adopted as a legal principle in the Cultural Heritage Protection Act. While the concept "original form" can be related to tangible elements of heritage through the Act, the intangibility of craft and performance skills does not allow their pinpointing at a particular temporal period or the identification of a particular master from the past as the basis of an original form. Therefore, those craft or performance skills that are available at the point of recognition of relevant masters must serve as the basis of the original form for the intangible heritage concerned. This means that the principle of preserving the original form of intangible heritage has been implemented not based on a fundamental form of materiality, but rather on the craft or performance skills that may be held by a master at the time of his/her recognition as a "temporary original form." This principle has been observed through intangible heritage transmission and education policies for recognized masters and their trainees, contributing to establish an elitist transmission environment in which public were denied to join the education on intangible heritage. Even with policies guided by the principle of preserving the original form, designated craft and performance skills have been transformed contingent upon given social and environmental conditions, thus hindering the preservation of the original form. Despite the intrinsic limitations of the principle of preserving the original form when applied to intangible heritage, this principle has served as a practical guideline for protecting traditional Korean culture from external influences such as modernization and Westernization, and also as an ultimate goal for the safeguarding of intangible heritage, engendering actual policy effects. The Act on the Safeguarding and Promotion of Intangible Cultural Heritage that comes into effect in March 2016 takes the constantly evolving nature of intangible heritage into consideration and resultantly adopts a concept of "essential form" (jeonhyeong) in place of "original form" (wonhyeong). This new concept allows for any transformations that may take place in the environment surrounding the intangible heritage concerned, and is intended to mitigate the rigidity of the concept of "original form." However, it should be noted that "essential form," which is manifested as the unique significance, knowledge, and skills delivered by the intangible heritage concerned, should be maintained according to the guidelines and principles related to heritage conservation. Therefore, the new concept can be understood not as a rupture, but more as a continuum of the concept of "original form."