• The Korean Journal of Air & Space Law and Policy
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• v.35 no.1
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• pp.63-101
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• 2020

'Flight safety zone' means a zone that the Minister of National Defense designates under Articles 4 and 6 of the Protection of Military Bases and Installations Act (hereinafter 'PMBIA') for the safety of flight during takeoff and landing of military aircrafts. The purpose of flight safety zone is to contribute to the national security by providing necessary measures for the protection of military bases and installations and smooth conduct of military operations. In this case, when the state set and used the flight safety zone, the landowner claimed restitution of unjust enrichment against the country. This article is an analysis based on the existing legal theory regarding the legitimacy of plaintiff's claim, and the summary of the discussion is as follows. A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall be bound to return such benefit (Article 741 of the Civil Act). Since the subject matter is an infringing profit, the defendant must prove that he has a legitimate right to retain the profit. The State reserves the right to use over the land designated as a flight safety zone in accordance with legitimate procedures established by the PMBIA for the safe takeoff and landing of military aircrafts. Therefore, it cannot be said that the State gained an unjust enrichment equivalent to the rent over the land without legal cause. Expropriation, use or restriction of private property from public necessity and compensation therefor shall be governed by Act: provided, that in such a case, just compensation shall be paid (Article 23 (1) of the Constitution of The Republic of KOREA). Since there is not any provision in the PMBIA for loss compensation for the case where a flight safety zone is set over land as in this case, next question would be whether or not it is unconstitutional. Even if it is designated as a flight safety zone and the use and profits of the land are limited, the justification of the purpose of the flight safety zone system, the appropriateness of the means, the minimization of infringement, and the balance of legal interests are still recognized; thus just not having any loss compensation clause does not make the act unconstitutional. In conclusion, plaintiff's claim for loss compensation based on the 'Act on Acquisition of and Compensation for land, etc. for Public Works Projects', which has no provision for loss compensation due to public limits, is unjust.

• Journal of the Korean Geographical Society
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• v.29 no.2
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• pp.166-182
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• 1994

Kyonggi Province in the late Chosun dynasty was a center of superior government offices including 'Han' River water-road transportation and was located in the middle of an 'X'-shaped arterial road network. Because of these reasons, Kyonggi Province had a faster inflow of commodities, informations and technics compared with the other province. At this period of time, every local 'Eup' (name of administrative district) had not been affected by their above administrative districts and had their own autonomy. For this reason, every 'Eup' could be developed as a town, even if its size was small when it had sufficient internal growing conditions. Moreover, the markets ('Si-Jon') in big towns and periodical markets which were spread over the Kyonggi Province played role of commercial functions of town. And because military bases for the defence of the royal capital in Kyonggi Province also took parts of a non-agricultural city role, Xyonggi Provinc had much more possibilities of growing as a town rather than the other provinces. The towns of the late Chosun Dynasty were, except the capital and superior administrative districts which were governed by the 'You-Su', small towns which had only about 3, 000-5, 000 people. Most of the town dewellers were local officials, nobles, merchants, craftmen and slaves. And the farmers who lived near town became a pseudo-towner through suburb agriculture. Among these people, the merchants were leaders of townization. The downtowns were affected by the landform and traffic roads. The most fundamental function of towns were administrative. The opcial's grade, which was dispatched to the local administrative district ('Kun' or 'Hyun'), was decided by the size of population and agricultural land of each county. Large county which was governed by a high ranking opcial had more possibilities to develop as a large town. Because they supervised other opcials of lower rank and obtained more land and population for the town. The phonomena of farm abandonment after the Japanese Invasion of Korea in 1592-1598 stimulated the development of towns for commercial function. The commercial functions of towns were evident in the Si-Jon or Nan-Jon (names of markets) in the big cities such as Hansung and Kaesung, meanffwhile in the local areas it was emerged in the shape of periodical market networks as allied with near markets (which were called as Jang-Si) or permanent markets which were grown up from periodical markets. These facts of commercial development induced the birth of commercial town. Kyonggi Province showed the weak points of its defense system during both wars (Japanese Invasion in 1592 and Manchu's Invasion in 1636). The government reinforced its defense system by adding 4 'You-Su-Bus' and several military bases. Each local districts ('Eup'), where Geo-Jins were established, were stimulated to be a town while Jin-Kwan system were, adjusted and enforced. Among Dok-Jins(name of solitary military bases), Youngjongjin was grown up as a large garrison town which only played a role of defense. The number of towns that took roles of non-agricultural functions in Kyonggi Province was 52. Among these towns, 29 were developed as big towns which had above 3, 000 people and most of these towns were located on the northwest-southeast axes of 'X'-shaped arterial trafic network in the Chosn Dynasty, This fact points out that the traffic road is one of the important causes of the development of towns. When we make hierarchy of the towns of Kyonggi Province according to its population and how many functions it had, we can make it as 6 grades. The virst grade town 'Hansung' was the biggest central town of administration, commerce and defdnse. The 2nd grade town includes 'Kaesung' which had historical inertia that it had been the capital of the Koryo Dynesty. The 3rd grade towns include some 'You- Su-Bus' such as Soowon, Kanghwa, Kwangju and also include Mapo, Yongsan and from this we can imagine that the commercial development in the late Chosun Dynasty extremely affected the townization. The 4th-6th grade towns had smiliar population but it can be discriminated by how many town functions it had. So the 4th grade towns were the core of administration, commerce and defense function. 5th grade towns had administrative functions and one of commercial and defense functions. 6th grade towns had only one of these functions. When we research and town conditions of each grades as the ratio of non-agricultural population, we can find out that the towns from the 1st grade to 4th grade show difference by degree of townization but from the 4th grade to 6th grade towns do not show big difference in general.

• Journal of Korean Historical Folklife
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• no.52
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• pp.7-46
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• 2017

The elderly in the Joseon Dynasty consistently attracted attention from the national herb as objects of social respect. Based on the Confucian ideology, the old man was considered to be a receiving body, since he was a person with complete character as a man. The elderly, who have the character of being a slave, transcended their status, and both the souls and the people were transcended beyond their identities and attributes and became objects of respect. The perception of the elderly is divided by age. The persons who are 50 years old and start to be in physical decline were regarded as senior citizens. However, this was just mentioned as an inflection point between the prime of manhood and senior citizens and was not defined as the elderly. As a public duty called a national work ends when they are 60 years old, the age is truly the lowest limit of senior citizens who are applicable to all the social beings. However, because their public duties end when they are 60 years old and they were regarded as general members of society, special benefits were not granted to them. In the caste system and bureaucratic society, senior citizens' treatment were differently done by age. For the senior citizens who are 70 years old, various benefits were just granted to high government officials. Bokho(復戶) and Seojeong were first given to them. And the retirement age of government officials was not specially set. It was done in the way to treat Jonno with exceptional respect by Chisa(致仕: regular retirement). It is the most respectful treatment given to high government officials and ministers. For the senior citizens who are 80 years old, Yangnoyeon(養老宴) was held for both of Yangmin and Cheonmin as an measure to treat them considerately. In addition, official ranks(官品) with social value were allowed by giving them Noinjik (老人職). Official ranks given to Seoin and Cheonin were the best Jonno(尊老) policy. However, the Jonno policy related to senior citizens was different according to position and official ranks as follows: Kings were subjected to social treatment when they were 60 years old. High government officials and royal relatives of the senior grade of the second court rank were subjected to social treatment when they were 70 years old. And general Seoin and slaves were subjected to social treatment when they were respectively 80 and 90 years old. Senior citizens were individually supported. However, social value was granted because the nation supervised it. As Bokho and Sijeong were assigned according to position and official ranks and kinds of things were different, the social limit was clearly shown. Social order was put above the ideology called Jonno thought. However, Jonno acts by age and position did not stay at the individual level and the nation took care of the senior citizens who are the members of society in various ways based on Jonno thought. Society tried to take care of the senior citizens who had difficulties in their activities because of being in physical decline. The nation increased the existence value of the senior citizens by giving things(賜物) including chairs, rice, meat, and ice economically, exoneration(免罪), the reduction system, and wergild legally, and Noinjik called Gaja(加資) socially to them and changing them to the members of society. Yangnoyeon and Gaja held targeting people of every class by transcending position and official ranks make the point that the senior citizens who are more than 80 years old are subject to social jonno clear. That is, the senior citizens were subject to respect for the elderly as the persons who were socially respected transcending their position when they got to be 80 years old.

• The Journal of Korean Philosophical History
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• no.36
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• pp.101-133
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• 2013

In this paper, the writer investigated the thoughts on military art and science with a focus on the typical books on military art and science, which was published in the latter period of Joseon, and the discussion of literati in that time. Joseon had been happy to enjoy the piping times of peace for about 200 years ever since the establishment of the dynasty. However, having had to gone through two major wars, the Joseon Dynasty, revolving around scholarly people, had awakened the limits of military art and science of Joseon. It can be said that the countermeasure against Japanese pirates, which were reflected in the "Jingbirok" (懲毖錄 - Records of the 1592 Japanese Invasion) written by Yu Seong-ryong, and the experiences of war had formed the basis of the thoughts on military art and science in the latter period. Regrettably, there were no suggestions or proposals of preparing countermeasure against Japanese raiders in the books of military art and science in the early period of the Joseon Dynasty. Meanwhile, as the argument about the battle formation in the early period of Joseon, the process of establishing the military science had not gone smoothly in the latter period of Joseon. Right after the Japanese invasion of 1592, "Gihyo-Sinseo" (紀效新書 - New Text of Practical Tactics written by Cheok Gye-gwang) was brought into the country by the army of Ming (明) Dynasty. At first, this was used in the form of its original edition, or of abstract version in the military drill. But, later, it was published under the title of "Byeonghak-jinam" (兵學指南 - Military Training Manual about Action Rules by combat situation). This book, same as in Zhejian (浙江) province in China, had achieved a positive effect on counteracting the Japanese raiders in our country. However, these military tactics were conflicted with "Owi Jinbeop" - Rules of Deployment of the Five Military Commands, which had been handed down ever since the early period of the Joseon Dynasty, and, at the same time, it was pointed out that those tactics would not be able to apply to the situation uniformly, since Korea and China were geographically different. Furthermore, having gone through Manchu Invasion of 1636 (丙子胡亂, Byeongja horan) Joseon had used "Yeonbyeongsilgi" (練兵實記 - the Actual Records of Training Army), which was compiled in China on the basis of the experiences of wars against the nomad, including Mongolia and so on. And, this had become a typical training manual together with "Byeonghak-jinam". King Yeong Jo and King Jeong Jo of the Joseon Dynasty had tried to establish uniformity in military training by publishing the books of military science representing the latter period of Joseon such as "Sokbyeongjangdoseol" (續兵將圖說- Revision of the Illustrated Manual of Military Training and Tactics,) "Byeonghaktong" (兵學通 Book on Military Art and Science,) "Byeonghakjinamyeonui" (兵學指南演義 - Commentary on 'Byeonghak-jinam') and "Muyedobotongji"(武藝圖譜通志 - Comprehensive Illustrated Manual of Martial Arts,) and so on. King Jeong Jo had actively participated in the arguments in those days. So then the arguments that had been continued for about 200 years, ever since King Seon Jo, put to an end. To sum up the distinctive features of military art and science in both former and latter period of the Joseon Dynasty, in the former period of Joseon, the reasoning military science was proceeded with the initiative of civic official based on "Mugyeongchilseo"(武經七書- the Seven Military Classics). However, in the latter period of Joseon, "Gihyo-Sinseo"(紀效新書 - New Text of Practical Tactics written by Cheok Gye-gwang) had served as a momentum, and also comparatively a large numbers of military official had participated in arguments, so then such an occasion had made the military science turn into the Practical Theory. Meanwhile, King Sejo and King Jeong Jo had played a leading role in the process of establishing the theory of military science of Joseon, however, there are something in common that their succession to the throne was not smooth. This is the part that reminds us "War is an extension of politics," the thesis of Clausewitz

• Korean Journal of Heritage: History & Science
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• v.49 no.3
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• pp.32-51
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• 2016

This study examines, based on the database of the Institute for the Translation of Korean Classics(ITKC), the garden plants and their symbolism, and the landscape culture recorded in 'Jipkyungjaeyoungsi(the Series of Poems on Gardens Poetry)' in relevance to traditional houses. First, Jipkyungjaeyoungsi had been continuously written since mid-Goryeo dynasty, when it was first brought in, until the late Joseon dynasty. It was mainly enjoyed by the upper class who chose the path of civil servants. 33 pieces of Jaeyoungsi(題詠詩) in 25 books out of a total of 165 books are related to residential gardens. The first person who wrote a poem in relation to this is believed to be Lee GyuBo(1168~1241) in the late Goryeo dynasty. He is believed to be the first person to contribute to the expansion of natural materials and the variation of entertainment in landscape culture with such books as 'Toesikjaepalyoung(退食齋八詠)', 'Gabeunjeungyukyoung(家盆中六詠)'and 'Gapoyukyoung(家圃六詠)'. Second, most of the poems used the names of the guesthouses. Out of the 33 sections, 19(57.5%) used 8 yeong(詠), then it was in the sequence of 4 yeong(詠), 6 yeong, 10 yeong, 14 yeong, 15 yeong, 16 yeong, 36 yeong(詠) and so on. In the poem writing, it appears to break the patterns of Sosangpalkyung(瀟湘八景) type of writings and is differentiated by (1) focusing on the independent title of the scenery, (2) combining the names of the place and landscape, (3) focusing on the name of the landscape. Third, the subtitles were derived from (1) mostly natural landscape focused on nature and garden plants(22 sections, 66.7%), (2) cultural landscape focused on landscape facilities such as guesthouses, ponds and pavilions(3 sections), (3) complex cultural scenery focused on the activities of people in nature(8 sections). Residents enjoy not only their aesthetic preferences and actual view, but the ideation of the scenery. Especially, they display attachment to and preference for vegetables and herbs, which had been neglected. Fourth, the percentage of deciduous tree population(17 species) rated higher(80.9%) compared to the evergreens(4 species). These aspects are similar results with the listed rate in 'Imwonkyungjaeji(林園經濟志)' by Seo YuGu [evergreen 18 species(21.2%) and deciduous trees 67 species(78.8%)] and precedent researches [Byun WooHyuk(1976), Jung DongOh(1977), Lee Sun(2006)]. Fifth, the frequency of the occurrence of garden plants were plum blossoms(14 times), bamboos(14 times), pine trees(11 times), lotus(11 times), chrysanthemum(10 times), willows(5 times), pomegranates(4 times), maple trees(14 times), royal foxglove trees, common crapemyrtle, chestnut trees, peony, plantains, reeds and a cockscombs(2 times). Thus, the frequency were higher with symbolic plants in relations to (1) Confucian norms(pine trees, oriental arbor vitae, plum blossoms, chrysanthemums, bamboos and lotus), (2) living philosophy of sustain-ability(chrysanthemum, willow), (3) the ideology of seclusion and seeking peace of mind(royal foxglove ree, bamboo). Sixth, it was possible to trace plants in the courtyard and outer garden, vegetable and herb garden. Many symbolic plants were introduced in the courtyard, and it became cultural landscape beyond aesthetic taste. In the vegetable and herb garden, vegetables, fruits and medicinal plants are apparently introduced for epigenetic use. The plants that were displayed to be observed and enjoyed were the sweet flag, pomegranate, daphne odora, chrysanthemum, bamboo, lotus and plum blossom. Seventh, it was possible to understand garden culture related to landscaping materials through poetic words such as pavilions, ponds, stream, flower pot, oddly shaped stones, backyard, orchard, herb garden, flower bed, chrysanthemum fence, boating, fishing, passing the glass around, feet bathing, flower blossom, forest of apricot trees, peach blossoms, stroking the pine tree, plum flower blossoming through the snow and frosted chrysanthemum.

• (The) Research of the performance art and culture
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• no.41
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• pp.285-320
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• 2020

This study aims to examine the processes of changes of the two main roles, Sangjwa(the young Buddist monk) chum and Omjung(the monk with a boil on his face) chum, performed in Yangju Byeolsandae Nori, on the basis of Chumsawi (dance-movement). Above all, having studied many artistic remains performed by Jo jong sun, Jung han gyu, Park jun seup, Kim sung tae from 1929 to 1942, two main roles, in which Geodeureum chum is now an essential part in almost all performances, were then played only in Kkaekki chum to Taryong Jangdan without performances of Geodeureum chum. In case of Sangjwa chum, players had performed ad libitum and without restraint only on the basis of five sorts of Kkaekki chum's movements. In Omjung chum, witty remarks along with the drama had become more important factors than dances. Let alone two main roles, other parts then also showed no big changes in dance performance. Performers just tried to maintain its slender existence within stifling atmosphere because of oppressions and restraints during the Japanese imperialism. After the restoration of independence in 1945, Kim sung tae and his disciples made a great effort on the restoration of Talnori. During the Korean war, many players also endeavored to keep a good track of Talnori, teaching and training their young followers. Especially performers such as Park jun seup, Park sang hwan, Kim sung tae, and Lee jang sun put much more efforts on restoring Talnori. From that time, Geodeureum chum began to appear in two main roles' performances. In Sangjwa's performances, Byeogsa ritual dance, which was performed to Taryong Jangdan, changed into performances to Yeombul Jangdan, and Kkaekki chum -originally slow and ritual dance, became very fast and active one. Geodeureum chum, called Yongteulim, was added in Omjung chum, so that dance had more important role in performance. Even at this time, dance movements were not clearly and completely organized and arranged, because Geodeureum chum's performance was not clearly defined as orderly dance movements but was regarded as just a movement. After Geodeureum chum being designated as a cultural treasure, Lee byeong kwon took over the task from Park sang hwan, Sangjwa chum's performer, so Geodeureum chum became much more well organzied, arranged and orderly. Geodeureum chum played by Sangjwa had almost the same order of scenes and movements as Geodeureum chum played by Yeonnip. Based on this performance, the order of dances and movements was consistently arranged and settled. Following Park jun seup's performances, Jangsam was more widely applied and used in Omjung chum than ever before, so Omjung chum became much more organized and arranged. Well-arranged Omjung chum had also almost the same dances and movements as Nojang chum's. Yeonnip and Nojang's performances were not directly and intentionally studied and applied to two main roles in Yangju Byeolsandae Nori. Players seemed to borrow those parts naturally through many times of performances. Through their persistent efforts, Jangdan and dance movements have more clearly and completely been organized, establied, and improved through many years' performances. And dance movement can be performed exactly to Jangdan, so we have more complete and orderly types of dance movements. Thanks to many performers' efforts, Sangjwa chum has been established as one that only top performer can play, and Omjung chum has become an integral part in Yangju Byeolsandae Nori.

• Journal of agricultural medicine and community health
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• v.30 no.1
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• pp.1-14
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• 2005

Objectives: This study attempts to analyze the length of hospital stay and expenses of frequent disease admitted in a Vaterans Hospital. Methods: Data was collected from January 1, 2001 to December 31, 2003 from the Claim records of 9,640 patients in a Vaterans Hospital. Results: The results were as follows: 1. In age & sex distribution, there was male 70.9%, female 29.1%, and 35.8% of them is 70 age group. Frequency by insurance program was Health insurance 78.1%, Medical aid 14.2%, no insurance 4.1%, others 3.6%. Distribution of each department was internal medicine 28.3%, orthopedic surgery 21.3%, surgery 16.6%, neurosurgey 7.1%, pediatrics 5.9%. Also, in the veterans group, male to female patient ratio was 99.3% male to 0.7% female, them over 70 years old was 51.6%, and them which live in daejeon was 43.5%. 2. In frequency of disease, there was gastroenteritis 4.8%, pneumonia 3.8%, cartaract 3.7%, cerebral infarct 3.2%, hyperplasia of prostate 3.0%. In frequency of korean standard classification of diseases, there was injury and poisoning and certain other consequences of external causes 17.1%, diseases of digestive system 16.1%, diseases of musculoskeletal system and connective tissue 13.9%, diseases of respiratory system 9.4%, diseases of genitourinary system 8.6%. Also, in veterans group, frequency of them was diseases of musculoskeletal system and connective tissue 19.4%, diseases of digestive system 16.8%, injury and poisoning and certain other consequences of external causes 15.7%, diseases of genitourinary system 9.7%, diseases of circuatory system 8.2%. 3. Average length of hospital stay was 29.0 days for total patients, 51.8 days for the veterans group, 15.7 days for the non-veterans one. Average total expenses was 3,669,579 won, the veterans group 7,263,877 won, the non-veterans one 1,560,333 won. The ratio of insurer to insuree was 55.2 : 44.8, the ratio of amount paid by patient in the veterans group 61.7%, in the non-veterans one 33.0%. 4. In items of medical expenses, fee for hospital accommodation was 34.7%, fee for medication 13.2%(injection 7.8%, drug 5.4%), fee for service 48.6%(physical therapy 26.3%, operation 9.7%, laboratory examination 5.2%, radiological examination 3.1%, etc), others 3.4%. In them for the veterans group, fee for physical therapy was 35.3%, fee for hospital accommodation 35.2%, fee for injection 6.2%, fee for operation 5.9%, for the non-veterans one, fee for hospital accommodation 35.7%, fee for operation 16.4%, fee for injection 11.4%, fee for laboratory examination 8.3%. 5. In the comparison of the frequency by Korean standard classification of diseases and distance between the hospital and home, the region under 21.5Km was more frequent in symptoms, signs an abnormal clinical and laboratory findings 56.0%, injury and poisoning and certain other consequences of external causes 55.6%, diseases of the eye and adnexa 52.9%, the one over 21.5Km was more frequent in neoplasms 57.4%, diseases of musculoskeletal system and connective tissue 55.9%, diseases of genitourinary system 53.5%.