• The Korean Journal of Air & Space Law and Policy
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• v.31 no.1
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• pp.37-62
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• 2016

Two controversial issues exist in interpretation of "Force Majeure" set forth in the Article 931 (4) of the Korean Commercial Code. Firstly, its scope of application is ambiguous. Secondly, there is a concern that the "immunity" under paragraph 1 and "Force Majeure" may overlap each other. "Force Majeure" refers an event resulted from either natural disaster or 3rd-party. Meanwhile, the latter implies relatively extensive and comprehensive meaning and its interpretation may vary depends on law enforcement. In general, the aircraft accident hardly results in damage or loss to the 3rd-party. Additionally, it is worth to review newly enacted clause and to define its applicability. When the 3rd party is suffered from damage or loss incurred by any external act, it is necessary to explicit the concept of the non-contractual liabilities with respect to 3rd party. From the perspective of protecting aviation industries, the commercial aviation operator may be entitled to immunity in respect of claim for damage incurred by the event of Force Majeure. However, this approach is directly opposite to the victim's benefit and protection by the law. Therefore, the priority of the legal protection should be considered. Although the interest of the commercial aviation operator is not negligible, the protection of the law should be favorable to the 3rd party. Otherwise, the innocent party has no right to claim for damage incurred by aviation accident. Another issue is about the possibility of overlapping of the provision set forth in the paragraph 1 and 4. The former states that the liabilities shall be exempted on account of either the unsettled political or economic situation but this clause is inconsistent with the interpretation on Force Majeure under the latter. As argued above, this may include any event resulted from either political or economic account by the external influence of the 3rd party, thus these two provisions are overlapped. Consequently, in order to develop ordinances and guidelines and to ensure an equal protection to both parties, above two issues must remain open for further discussions.

• (The)Study of the Eastern Classic
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• no.37
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• pp.7-31
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• 2009

The word, 'Naturalization(向化)' is an unfamiliar term for us; however, to us as citizens who live in a multicultural society, it is a word worthy of hearty appreciation even once. At the present Korean dictionary, it has been defined as the word related to those terms such as Enlightenment(敎化) which are used to explicate the governance through a virtue of moral excellence(德治主義) of Confucianism, and the word, 'Hyanghwa(向化)' itself has already included the meaning of Enlightenment(敎化). On many occasions, people who were dubbed the converts or the naturalized citizens(向化人) emigrated to Chosun because there were such substantial reasons as economic and political advantages, rather than living in a society for reasons to the governance through a virtue of moral excellence(德治主義). Therefore, to understand the converts or the Naturalized citizens(向化人) correctly, it shall be required to examine the cause which is the governance through a virtue of moral excellence together with the true realities which are economic and political advantages. The word, such as Hwangjoin(皇朝人) should be considered in order to understand the meaning of 'Naturalization(向化)'. Hwangjoin(皇朝人) were those displaced people who had been forced to leave the fallen Ming Dynasty, and they will be contrasted with the converts or Naturalized citizens(向化人) that were mainly composed of the Northern tribes or Japanese. Actually, Naturalized citizens(向化人) and Hwangjoin(皇朝人) had all emigrated to Chosun because of changes in international affairs, meanwhile, however, they were treated differently for the reason that they were 'Hwai'(華夷). If we dub Chosun 'Self'(我), Naturalized citizens(向化人) and Hwangjoin(皇朝人) are equally called as 'The Other persons'(他者). Can we say that Chosun had established the right relationship with Other persons(他者)? Judging from the facts that there was occurrence of convert or naturalization for the other persons, dubbed Naturalized citizens(向化人) and that there was another occurrence of emigrants, called Hwangjoin(皇朝人), it is evident that the Relationships between the two had not rightly established. Also, the names so called Naturalized citizens(向化人) and Hwangjoin(皇朝人) were not given according to the preference of the other person, but provided by Chosun one-sidedly. The reasons for occurrence of convert or naturalization for the other persons, dubbed Naturalized citizens(向化人) and for occurrence of other emigrants, called Hwangjoin(皇朝人) were ideology such as 'Hwai'(華夷). It is thought that the Relationships between 'Self'(我) and 'The Other Person'(他者) can be established only after excluding ideology.

• The Journal of Korean Philosophical History
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• no.56
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• pp.151-180
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• 2018

Since the completion of the theories on human ethics and moral had been established to pursue by Confucian thinkers like Confucius and Mencius, they generally had agreed to present the basic principles for human education which every human could be the sage. In these principles for human ethics and morality there is on the premise that the knowledge about your own ethical and that the completion of the so-called act(爲) and learning(學). They had given to us that how to get a goal for the ethical and moral lives there are several academic oriented methodology will have act and learning set. In the point of achieving complete figures which act and learning for good society, there was named the sage(聖). This concept sage has two major types. One is on for the political figures that completed, and the other one is for the realm of academic side. Confucian as above mentioned the moral human being is equipped with a complete personality and political ability to make man and society perfect. Confucius has been understood as a complete human being. Yes, ideal for these two types of figures will be fulfilled in some way? They take a mystical ability to a priori or a posteriori, such as human effort can reach the sage. There are many thinkers are obvious and logical answer for this major problem in the system of confucian philosophy I have been trying. About the sage(聖), inherently natural learning(生知) occur to the position sage or knowledge (學知), can lead to there are two of the doctrine for that problem. With the study of learning and knowledge on human beings and real society the two systems concerned together. In fact, the main content of the "Analects of Confucius" we have a set of ethical and moral values not the benevolent conversation about Jin(仁) and his disciples a steady emphasis but on in praise of learning (學) for. However, at the time in Han Tang(漢唐) Han Wi(韓愈) and Wang Chung(王充), according to such thinkers the sage is already a priori determined, cannot be reached by human effort. But At the beginning of the Neo-Confucianism, Cheng I(程?) for the pioneer this Song(宋) scholars, regarding this issue could rebirth the thought that every human could be the sage through the learning as the pre-Chin(先秦) times.

• Journal of Distribution Research
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• v.15 no.5
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• pp.103-126
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• 2010

The development of an industry including distribution sector is influenced by not only government policy but the related firms' behaviors. Recently the large-scale retailers have had more enormous channel power than any other distributors including monopolistic makers. Now is the time for government to prepare some policies against the unfair transaction behaviors by large-scale retailers. In this paper I tried to inquire into the distribution competition policy from a political correspondent point of view related with the transition of distribution system. For the purpose of this article I compared the case of Korea with Japan. According to the results so far inquired, there are some commons and differences in the cases of the two. Some suggestions are as follows. Considering the predominant position the concept of large-scale retailers is to be extended from a single store to numerous chain stores in the political level. Government needs to examine the standard propriety for large-scale retailer; the size of selling area and amount of sales a year. When a large-scale retailer store is to be established, it need to be taken a permit or a pre-inspection. The Fair Trade Commission have to secure the neutrality from Government's strategies. And government should find out the examples of unfair transaction behavior types and prepare some proper guidelines continually. For the last time statistical data by distributors are to be fitted out and the actual investigations for estimating the effects of government policies need to be enforced.

• The Journal of Art Theory & Practice
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• no.2
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• pp.169-190
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• 2004

The purpose of this article is to delve into the problems of originality of the artwork by examining issues of reproduction within the contemporary art market. In contemporary arts, especially in terms of art production and consumption, we can't overlook society and its economic structure and its connection with of capitalism. As the purity of art creation has turned into an exchange value, art, especially an object as artwork, has fallen into the status of production in an economic marketing system. Walter Benjamin mainly referred to that point in his thesis Das Kunstwerk im Zeitalter seiner technischen Reproduzierbarkeit, which originated the sociology of plastic arts. This thesis, published in 1936, traced how the artistic functions of photograph and movie had been changed through the social development. His main concerns were movie and photograph but what I am concentrating from his point of view, is that even in the field of plastic arts, the manufacture of reproduction has been practiced as a primary method within the social and political contexts and development. Though I am referring to this in the main body of this article, reproduction in contemporary art strongly needs a new definition since it has been spread all over like a newest virus, not only by collector's personal taste or hut also by commercial circulations of these reproductions to the public. This relates to Benjamin's argument about the value of an exhibition at a museum(Ausstellungswert). Since the function of an artwork has been one of cultural industry, the manufacturing of reproduction raises unexpected problems, such as, the originality of the artwork, the value of an exhibition at a museum, its achievement as documentary and as a territory of art criticism. In this point of view, I want to inquire into the value and criteria of an exhibition in contemporary art through the review of the definitions and the intrinsic attributes of reproduction. Somehow in a broad sense, the reproduction is a product coming out of representation or copy (replica) of an original art work or an model. Therefore, the problems it presents differ from the Simulacre, which is an image without an original one. In terms of the Meanings of reproduction, we can distinguish it as reproductions, copies, and productions. These types of reproductions are not the original artworks reflected by the creative intention of the artists. For example, a publishing company reproduced some of lithographs of Salvador Dali in the 1960s. They are commercial copies in the form of representation or reproduction with no artistic and creative intention of the artist. However, In despite of this theoretical basis, reproductions of the famous artists are still displayed without any verification for of the public's quest for the artworks. Moreover, many commercial companies that are planning to exhibit art works of the world-famous artists only for their profits keep trying to speak ill of and judging by the law the honest art critics' articles which discuss the true values of exhibition. If freedom of expression is one of the ideals of democracy, even the judgment of the originality of the artworks should be freely expressed.

• Journal of the Daesoon Academy of Sciences
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• v.17
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• pp.113-134
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• 2004

According to Hans Kippenberg, the foundation of an academic study of religions coincided with the beginnings of modernization. Since the second half of the nineteenth century most European countries were involved in a process of rapid social change. The repercussions that this had for daily life were momentous. Instead of working for their traditional needs, people now had to produce goods for a market. Old customs ceded to private contracts and political laws. The superior knowledge of science replaced the inherited worldview. This deep changed severed societies from their ties to the past. Many educated people in Europe believed in an imminent end of all religions. Had not the scientific progress superseded the religious worldview? Historians had to come to terms with that expectation when they directed their attention to historical religions. Friedrich Max Muller introduced a new science, so-called Religionswissenschaft through the study of the ancient Vedic sources. He thought that genuine religion was a taste for, and sense of, the infinite. From his point of view, the Indian sources confirm that nature is more than mechanical laws. Thus his interpretation sought to contradict the materialist ideology of his day. Edward Burnett Tylor described religions as a kind of natural philosophy. His notion of 'soul' functioned to explain natural events. This legacy of the past cannot be missed even in modern society. Only the concept of the soul may preserve human dignity in an age of materialism. Gerardus van der Leeuw, also tried to perform the same function of the cultural critique for the renewal of the religious imagination in modern, rationalized Europe imprisoned in the iron-cage. In this respect, we could think that the interpretations of the history of the History of Religions in the light of the intellectual history are very suggestive for the korean student of religion. It helps them to describe the early history of the study of religion in Korea. For example, Yi Neung Wha(李能和) is regarded as 'a father of korean religious studies, but no one could present a proper answer for the question of why and through which connection of his intellectual milieu he was interested in the religious history and the study of religion. We would discover its signification in his confrontation of the prevailing social thought, such as social evolutionism.

• The Journal of Art Theory & Practice
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• no.13
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• pp.35-71
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• 2012

The purpose of this essay is to examine the responses of artists on nuclear experiences through an analysis of the nuclear images represented in contemporary Japanese art. Japan has previously as twice experienced nuclear disaster in 20th century. The first atomic bombs were dropped in 1945 as well as the 5th Fukuryumaru, Japanese pelagic fishing boat, exposed by hydrogen bomb test operated by the US in 1954 nearby Bikini atoll. Due to Tsunami taken place by the great earthquake that caused the meltdown of Fukushima Nuclear Power Plant in March 2010, Japan is being experienced a nuclear disaster again. Despite practical experiences, comtemporary Japanese art has avoided the subject of nuclear disasters since the end of the Asia-Pacific War for a variety of reasons. Firstly, GHQ prohibited to record or depict the terrible effect of atomic bomb until 1946. Secondly, Japanese government has tried to sweep the affair under the carpet quite a while a fact of nuclear damage to their people. Because Japan has produced numerous war record paintings during the Second World War, in the aftermath of the defeated war, most of Japanese artists thought that dealing with politics, economics, and social subject was irrelevant to art as well as style of amateur in order to erase their melancholic memory on it. In addition, silence that was intended to inhibit victims of nuclear disasters from being provoked psychologically has continued the oblivion on nuclear disasters. For these reasons, to speak on nuclear bombs has been a kind of taboo in Japan. However, shortly after the atomic bomb dropped on Hiroshima, the artist couple Iri and Toshi Maruki visited to ruin site as a volunteer for Victim Relief. They portrayed the horrible scenes of the legacy of nuclear bomb since 1950 based on their observation. Under the condition of rapid economical growth in 1960s and 1970s, Japanese subculture such as comics, TV animations, plastic model, and games produced a variety of post apocalyptic images recalling the war between the USA and Japanese militarism, and battle simulation based on nuclear energy. While having grown up watching subculture emerged as Japan Neo-Pop in 1990s, New generation appreciate atomic images such as mushroom cloud which symbolizes atomic bomb of Hiroshima. Takashi Murakami and other Neo-Pop artists appropriate mushroom cloud image in their work. Murakami curated three exhibitions including and persists in superflat and infantilism as an evidence in order to analyze contemporary Japanese society. However, his concept, which is based on atomic bomb radiation exposure experience only claimed on damage and sacrifice, does not reflect Japan as the harmer. Japan has been constructing nuclear power plants since 1954 in the same year when the 5th Fukuryumaru has exposed until the meltdown of Fukushima Nuclear Plant although took place of nuclear radiation exposures of Three Mile and Chernobyl. Due to the exploding of Fukushima Nuclear Power Plant, Japan reconsiders the danger of nuclear disaster. In conclusion, the purpose of this paper may be found that the sense of victim which flowed in contemporary art is able to inquire into the response of artist on the subject of nuclear as well as the relationship between society, politics, culture, and modern history of Japan and international political situation.

• The Journal of Korean Philosophical History
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• no.38
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• pp.189-220
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• 2013

In this paper, the discussion on Yin and Yang and the Five Elements in Mohism is examined through the comparison with Hundred Schools of Thought. The ideas of School of Naturalists including Zou Yan or those of the Five Elements were fundamentally for the purpose of observing the regularity of changing dynasty. However, this perspective had not been emphasized as a subject of Contention of a Hundred Schools of Thought until the end of the Era of Warring States. Even though it is true that Hundred Schools of Thought applied the theory of Yin and Yang and the Five Elements in common based on the understanding of the idea, but it failed to be connected to each ideological system. The fundamental reason for this can be found in the difference between the awareness of a reality and the concept of history in Hundred Schools of Thought. Where were the characteristics and reasonable opinions of the theory of Yin and Yang and the Five Elements in Mohism from? The most important feature of Mohism is to form independent, collective, cooperative groups based on the people of lower classes at that time and to consider God an ideological presumption. Therefore, in reality, it concentrated only on sociopolitical stability and maintenance of their own labor activities, and it was difficult for them to focus on an objective regularity of a national system or change of dynasty. In addition, due to the characteristics of individual groups, it was hard to have a macroscopic viewpoint not only on a national system, but also on others as in Zou Yan's Dae-gu-ju-seol(大九州說). With respect to this, at least, Xunzi, before the unification, gives a valid criticism. In the end, the effort to design a new political system and to secure ideological legitimacy on the assumption of the unification of the nations of the Warring States period became more specific through the edition of $L{\ddot{u}}shi$ Chunqiu (呂氏春秋), so-called Mixed School(雜家) or Synthesized School(綜合家).

• The Korean Journal of Archival Studies
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• no.2
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• pp.3-48
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• 2000

The collection and transfer of records is a very basic stage in the whole process of records and archives management. However they are regarded as an non-professional art of work in records management that are performed easily by everyone. Therefore they have been treated not properly in the scholarly discussion of archival sciences in Korea. The collection and transfer of records play an active role in the making of effective administrative system, in accumulating and sharing the knowledge and informations of political, economical, social and cultural values. On the basis of proper collection and transfer of records our democracy can operate regularly and our daily experiences can be preserved as historical resources. For the optimal-functioned collection and transfer of public records the archivists for this task must have a comprehensive understanding of whole process of records management and possess suitable professional skills. Moreover there are many sorts of preliminary works needed for this task, as follows: an accurate defining of administrative organizations and their tasks, thorough understanding of records management institutions on their own competence and ability, and the establishment of technical standards for their tasks. Additionally the archivists are able not only to consider the present informational and evidential values of the records, but also the historical values. It can be said that the collection and transfer of records is a "synthesis of records management skills" exerted by an archivist. According to the newly established law of public records management, the collection and transfer of public records must be registered at first electronically. Through this procedure the whole contents of produced and transmitted records, which are to be transferred, can be reported in detail. By means of this report the archival institutions and the archivists can trace back the each items of records(archives) and the result of their arrangement to identify a certain object. There are also new storage strategies employed to increase the whole sum of stored informations, i. e. records and archives, in spite of reducing the storage costs. It will be achieved by differentiations of the preservation methods for each sorts of records by the criteria of storage-period, -place, and -method. Many supplementary methods are also prepared to help the collection of important records(archives) in a complete structure and form. To let this new concept and system of collection and transfer of records operate properly, a number of professional archivists should be posted in the needed places throughout the whole administrative body. Their training must be also updated for the newly defined task of collection and transfer of records.

• The Korean Journal of Archival Studies
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• no.13
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• pp.205-231
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• 2006

My suggestions in this paper come out of the review of the records on the Korean-Japanese negotiations(1952-1965). Before January 2002, the enforcement of the public records law, we had a poor management system of the diplomatic records. For a long time the diplomatic records of Korean government has not been preserved and managed according to the international and professional standards. So many important records have been probably lost and unsuitably classified, preserved for the future use. By the coming of public records law this deplorable situation in the management of diplomatic records has been much improved. However the registration, classification, compilation, based on the principle of provenance were not so sufficiently realized. It is now very urgent to employ more archivists in the relevant governmental institutions and organizations, and to introduce the concept of record group for the management of diplomatic papers. Also at the preparatory work for the publication of the diplomatic papers it is strongly needed to make a room for the participation of the civil experts such as historians, archivists and political scientists. In the case of publication of the Korean-Japanese papers it is also necessary to take the relevant American and Japanese governmental records on Korean-Japanese negotiations and private records of the actors of the times into account. Moreover it must be also seriously considered to start a big project for the elaborate edition of the important records of the foreign policy of the nation.