• Korean Journal of Heritage: History & Science
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• v.37
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• pp.405-444
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• 2004

The Cultural Heritage Committee is an advisory committee established under the Cultural Heritage Administration with the aim of carrying out examination and deliberation on preservation, management and use of cultural heritage. The Cultural Heritage Administration is the highest administrative organization in terms of Korean cultural heritage. It was founded to produce and execute policies on cultural heritage, an important task that requires a high level of specialized knowledge, skills and academic expertise. It involves in-depth investigation and consultation of experts in the field of cultural heritage. An organization consisting of distinguished experts, the Cultural Heritage Committee plays an important role in policymaking on cultural heritage of Korea. The Korean government established the Bureau of Cultural Heritage in October 1961, and enacted provisions (as a presidential decree) on the organization on March 27, 1962, according to the Cultural Heritage Act established on January 10 of the same year. The Cultural Heritage Committee was opened as a deliberation committee according to the law, on which currently 90 members serve in 8 subcommittees. The term of office of a committees member is two years. The deliberation of the committee, which covers the entire range of cultural heritage, including their designation and cancellation, is normally concluded by the deliberation and decision of each subcommittee. This study aims to analyze of the survey of the Cultural Heritage Committee as the highest organ for the deliberation of policies on the matters of cultural heritage. The subject of the analysis in this study is a questionnaire survey that was conducted between Oct. 20 and Nov. 29, 2003, of 116 former and current members of the committee.

• The Journal of Korean Philosophical History
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• no.31
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• pp.33-52
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• 2011

This study intends to understand Kobong's thought, especially the problem of Self-cultivation. Kobong, along with Toegye(退溪), is a major figure to understand Confucian ideas of Chosun in the 16th century. There has been a lot of research centered on Kobong's Four-beginnings(四端) and Seven-emotions(七情), but not much on the Self-cultivation of Kobong. Confucianism is basically to seek after actualization of Perfect Virtue(仁) and the way to be a sage, through the pursuit of self-discipline(修己 明明德) and social practice(安人 新民). The problems of Confucianism might be summarized as follows: interest and appreciation for the source of existence(知天/事天); harmony in relationships and practices(愛人/愛物); both of the above together. Therefore, Self-cultivation is to change the self, the subject of one's life, through the relationship between man and heaven. Kobong and Toegye had debated for about eight years(1559-1566) over the problem of human nature, especially emotion(情), and virtue and vice(善惡) fundamental position of Toegye is that the difference between Four-beginnings(四端) and Seven-emotions(七情) can be understood as emotion with qualitative distinction. By contrast, Kobong sees the relationship between Four-beginnings(四端) and Seven-emotions(七情) as that of total and partial. Discussion on the Four-beginnings(四端) and Seven-emotions(七情) is not restricted within the problem of logical analysis of concepts or theoretical validity, but come to a conclusion with the problem of Self-cultivation(修養). In this sense, Kobong tried to follow Neo-Confucian theory of human nature and self-cultivation, on the assumption of Confucian self-discipline and social practice.

• Journal of Legislation Research
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• no.55
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• pp.137-166
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• 2018

Wenn nach dem starken Trinken etwas strafbares passiert, so ist das Gesamtverhalten als $strafw{\ddot{u}}rdig$ und strafbar anzuerkennen. Aber nach dem Schuldprinzip handelt ohne Schuld, wer bei Begehung der Tat $unf{\ddot{a}}hig$ ist, das Unrecht der Tat einzusehen oder nach dieser Einsicht zu handeln(Koinzidenzprinzip). Die Rechtsfigur der "actio libera in causa" dient dazu, diese in $h{\ddot{a}}ufigen$ $F{\ddot{a}}llen$ als kriminalpolitisch $unerw{\ddot{u}}nscht$ empfundene $L{\ddot{u}}cke$ zu umgehen. Dabei kommt auch dem Vollrauschtatbestand in der Praxis $erh{\ddot{o}}hte$ Bedeutung zu. Der deutsche Gesetzgeber war sich bei der Aufnahme des Vollrauschtatbestandes in das Gesetz durchaus $bewu{\ss}t$, $da{\ss}$ die Vorschrift eine Ausnahme zur Schuldzurechnungsregelung darstellte. Er $w{\ddot{a}}hlte$ jedoch die Form eines $selbst{\ddot{a}}ndigen$ Tatbestandes, um die Durchbrechung des reinen Schuldprinzips $ertr{\ddot{a}}glich$ zu machen. Der Vollrauschtatbestand ist ein abstraktes $Gef{\ddot{a}}hrdungdsdelikt$ -demnach die im Rausch verwirklichte rechtswidrige Tat nur objektive Bedingung der Strafbarkeit ist -, das sachlich eine Schuldzurechnungsregelung $enth{\ddot{a}}lt$, und zwar eine Ausnahme $gegen{\ddot{u}}ber$ die Regelungen ${\ddot{u}}ber$ Schuldzurechnung. Dieser Vollrauschtatbestand ist dennoch als regitime $Erg{\ddot{a}}nzung$ der in Schuldzurechnungsregelungen beschriebenen $Schuldzurechnungsgrunds{\ddot{a}}tze$ anzusehen. Er steht $n{\ddot{a}}mlich$ in Einklang mit dem Schuldgrundsatz, wenn als subjektives Tatbestandsmerkmal des Vollrausches die Kenntnis der $Gef{\ddot{a}}hrlichkeit$ des Rauschzustandes $f{\ddot{u}}r$ die Begehung von Delikten vorausgesetzt wird.

• Journal of Legislation Research
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• no.55
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• pp.95-136
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• 2018

Marriage forms a minimal social unit. Marriage can affect not only relative relationship but also possession of property. Regarding legal issues related to marriage, mainly the civil law, especially the family law section, regulates. However, marriage has also a significant legal effect in terms of taxation. This article deals with the taxation of gift tax among them. In Korea, if you give more than 600 million won in assets to your husband and wife, the donee must pay the gift tax. However, there has been little research into the influence of the marital property system on the taxation of gift tax on the donation between married couples. There are two legislative approaches to the attribution of property held by married couples. The one is separate property system, the other is community property system. Under separate property system, husband and wife own property separately. The community property system recognizes marital property of married couple as a common property of married couple. The legal property system in Korea is separate property system. However, married couples can adopt the community property system as a marital property system by their agreement. Currently, most Korean couples are subject to separate property system as a marital property system. There is no legal problem to levy the gift tax on the donation between couples who are subject to separate property system. The problem is the donation of asset between couples who are subject to the community property system. In community property system, most property acquired during marriage (except for gifts or inheritances) is considered community property. community property means property owned jointly by both partners. Some argue that the gift tax can not be taxed between married couples who are subject to the community property system. In this paper, we examine whether these arguments are valid.

• The Journal of Korean Philosophical History
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• no.43
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• pp.9-32
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• 2014

Until now, the studies researching the Taoism theories of Joseon Dynasty have mainly dealt around the latter half of Joseon Dynasty. The reason for that was because the 5 cribs of a book Lao Tzu and the 2 crib of a book Changzi were produced after the Imjin-Year Korean-Japanese War(壬辰倭亂,Imjin Waeran). Therefore this thesis extracted the mentions about Taoism from about 200-year history records from Jeong Do-Jeon's Theory, which was the theoretical foundation for early days of Joseon's foundation and the history book King Taejong's Annals(太宗實錄) contained in The Annals of Joseon Dynasty(朝鮮王朝實 錄) and analyzed the extracted historic data as the first work contemplating how the Taoism theories were developed during the first half of Joseon Dynasty. From the analysis, this study drew out the findings as follows. Jeong Do-Jeon and Gwon Geun sharply criticized the Taoism for that it pursued for the techniques of longevity for oneself without moral. They tried to establish the identity of neo-Confucianism on the foundation criticizing the Taoism and the Buddhism. Since then, the Taoism was transformed through the 3 stages in The Annals of Joseon Dynasty. The first stage was the stage transformed 'Lao Tzu' as the witchcraft master of long-live, the technique of the taoist hermit and the super god in Taoism, and regarded the Taoism as heresy and excluded the Taoism. Second stage was the stage trying to see the book Lao Tzu as the core of Taoism theory separately from the 'Hermit Witchcraft' and the 'Taoist gods' the target of fortune-pursue religion beyond from the primary discussion of exclusion. Third stage was revealed as the respects on the art of politics and the art of living described in the book Lao Tzu. That is, the Taoism theories in the first half of Joseon Dynasty was developed with various spectrums from the early days of Joseon's foundation to 15~16 centuries beyond Joseon's strong suppression against the Taoism and the Buddhism in early days. That is the point that the Taoism in the first half of Joseon Dynasty can't be simply interpreted in the neo-Confucianism. During the firs half of Joseon Dynasty, the warm attitude toward the Taoism was created differently from the attitude against suppressing it as a cult, which had been created in the early days of Josen's foundation, and there appeared the changes accepting the art of living and the art of politics theoretically integrating with the Confucianism theories. That is, the book 'Lao Tus' became accepted as the Confucian country's arts of living and politics from a cult book pursuing for immoral log and immortal life. Such acception is revealed as the appearance actively interpreting the books about Laoism in the latter half o Joseon Dynasty.

• (The)Study of the Eastern Classic
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• no.33
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• pp.31-56
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• 2008

Jang Hyeon-gwang(張顯光, 1554-1637), whose pseudonym or courtesy name is 'Yeoheon(旅軒)', had made a thorough study on the intrinsic nature of Neo-Confucianism in a more sincere fashion, when comparing him with other Neo-Confucianists in Joseon period. Also he was a renowned scholar who expanded its philosophical system in-depth. Yeoheon thereby had strengthened his philosophical system accordant with the Great Learning(大學) and Doctrine of the Mean(中庸), which are the fundamental systems of Neo-Confucianistic education. Based on such considerations, Yeoheon's thought on education can be illuminated from three different perspectives. First, Yeoheon deepened his a theory of good governance by a virtuous ruler(聖人君主論, pronounced, 'Seongingunjuron') as the standard of education. Essentially, his theory pursues Refraining from desire, and preserving the laws of nature(存天理?人欲, pronounced, 'Joncheolliarinnyok'), and put emphasis on ethical awakening, and the governance through a virtue of moral excellence. Second, Yeoheon stressed the learning theories related to 'sincerity' or true heart(誠) and 'piety' or 'respect'(敬)) as the form of education(誠敬, pronounced, 'Seonggyeong'). Also he expounded that people needs "to establish a ground of Respect and Sincerity in their mind." He recognized the differences between the two virtues, meanwhile, however, he understood it as in an identical context. Third, Yeoheon advocated harmony between separation and integration(分合, pronounced, 'Bunhap') as a method for education. Through his unique 'Discourse on Longitude and Latitude', dubbed, 'Li-Gi Gyeongwiseol (理氣經緯說) in which the principle(Li, 理) is equal to the intrinsic energy or material force(Gi, 氣), he maintained his view on the Doctrine of the Mean, in that he was not inclined to either sides according to the logic of Change(易, pronounced 'Yeok'). When reviewing Yeoheon's contemplation in education in the meaning of modern education, he laid the standards for education on the establishment of morality, and he also provides us with an idea which induces us to look through the form and method for education from the perspective of Doctrine of the Mean. In short, Yeoheon's view on education embodies wisdom of traditional Neo-Confucianistic Education having consistency, and it provides for an implication of the review of the importance of the balance in relation to methodological bias toward confusion in the standards for modern education, and unsystematic contents therein.

• (The)Study of the Eastern Classic
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• no.55
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• pp.147-172
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• 2014

Kang Jae Eung translated "Sang-bong-lok" of Kang Ho Boo from Korean into Chinese. There is Yeonhaengnok(燕行錄) written in with Korean and Chinese among 500 Yeonhaengnok(燕行錄). Especially it is very rare that is translated from Korean into Chinese. Because of there aspect, it is valuable and worth studying. "Sang-bong-lok" was 3 series by origin, but now we have only 2 series. That is the original text written in Chinese by Kang Ho Boo, a Korean version by Kang Ho Boo, and Chinese translated of Korean version by his descindants Kang Jae Eung. Original text dosen't exists now undiscovered yet. Chinese version "Sang-bong-lok" is distinguished from the other Yeonhaengnok(燕行錄) and classical novel in form and contents. In formal aspect, Chinese version "Sang-bong-lok" describes an industry remarks in prologue. This industry remark describes standard and form of writing. Looking industry remark, you can find that Kang Jae Eung didn't add or subject the sentence of original text and distinguished between his own sentence and original text. This compiling system distinguishing compiler from original writter is rare enough to so that you cannot find it in other Yeonhaengnok(燕行錄). In contents, Kang Jae Eung almost transcribed Korean Yeonhaengnok(燕行錄) without subtraction and added special information to promote the view of Kang Ho Boo. After discription, Kang Jae Eung covered all information and reviewed it and added opinion to it. Kang Jae Eung's conclusion is sometimes same or different from Kang Ho Boo's. Anyway it is worthy of noticing that Kang Jae Eung wrote his opinion after Kang Ho Boo's sentence.

• (The)Study of the Eastern Classic
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• no.68
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• pp.283-317
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• 2017

Issues over morality and profit usually address relations between moral principles and material gains. In the history of traditional Oriental philosophy, discussions about them were called "Yi-Li zhi bian." The ideas of Confucius and Mencius also contain various discussions about Yi-Li. Both Confucius and Mencius defined Yi as a value concept to represent "natural," "appropriate" or "just" and regarded Yi as an external moral principle on the one hand and an internal moral emotion on the other hand. They had, at the same time, differences, as well. While Confucius placed importance on the external and acquired nature of Yi as a goal of morality, Mencius argued for the internal and innate nature of Yi as the nature of morality partially while recognizing its externality overall. Such Yi is a general term for subjective moral emotions and objective moral principles. Li was a concept of fact to represent "gain," "profit" or "profit-making." Both of them were against private interest and emphasized public interest. As for their differences, Confucius was positive about Li to some degree by saying "One should think of Yi when making profit," whereas Mencius was almost negative about Li and perceived it to be for Yi by saying "One should give up even his own life for Yi." He meant Li's dependence on Yi and also Yi's absoluteness for Ri. Both of them found a mix of opposite features in Yi such as internality and externality, subjectivity and objectivity, specificity and generality, and uniqueness and universality and also in Li such as individuality and specialty and public and private interest. Those features have both disadvantages including theoretical irrationality and logical contradiction and advantages including ideological diversity and conceptual polysemy. If efforts are made to avoid their disadvantages and highlight their advantages, they will provide some elements to consult in the creation of new global ethics required today when East and West are becoming one. In the modern society, the Yi-Li issues can be divided into the issues of morality and economy, personal and social profit, and moral ideal and material gain. If these modern Yi-Li issues are combined with the traditional Yi-Li issues, two paths will emerge over the order of Yi-Li. Of the many perceptions of Yi-Li issues of Confucius and Mencius, the idea of "Yi First, Li Later" can be very useful for creating a new ethics theory to represent "humanism" that we all need today when everyone considers their own pursuit of profit and satisfaction of needs as the best values. Sound Yi-Li relations will be possible only through Yi's orientation toward externality based on internality and Li's pursuit of private interest on the premise of public interest according to the spirit of "Yi First, Li Later."

• (The)Study of the Eastern Classic
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• no.69
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• pp.593-622
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• 2017

The purpose of this study is to investigate the characteristics of Confucianism, Buddhism, and Taoism and to examine the characteristics of Intermixture of Three Religions in Journey to the West. This novel, which has the structure of satire, hope, and surrogate satisfaction while being the center of satire and humor, is a refuge for the people. Even today, it can be said, however, that for the people, Confucianism, Buddhism, and Taoism was not a distinctly separate system of religions. Journey to the West story is about the liberation of Buddhism that is obtained through Taoism training. In the celestial world, not all gods are perfect, and often make mistakes. In such a story, the mistakes of beings living as human beings are simply insignificant. What is not different from the structure of life in this world is still a world of nature. The world is rife with absurdities, both on earth and in heaven. The characteristics of Intermixture of Three Religions can be summarized in several ways. First, the Trip of Samjang is not just to gain the enlightenment of illegal but rather to seek a greater sense of meaning. Second, the means to gain enlightenment is that it does not claim that one is right or good. Third, mercy, goodwill, and respect for life for oppressed and exploited peoples are common to all religions. Fourth, this story suggests that everything from the beginning is already a matter of mind. Fifth, all of the logic of Three Religions in this novel can be said to be "preliminary." Human life implies that it is going on a planned path, perhaps as a fate. But the important thing is, as in all religions, even if the road is a planned one, Journey to the West is strongly and persuasively speaking that it is the way of life as well as the attitude of living silently in carrying out its duties.

• (The)Study of the Eastern Classic
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• no.54
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• pp.387-416
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• 2014

This article explored the duplicity relation between the Daxue/Zhongyong of Confucianism and the Yonghobigyeol of Taoism, which was advocated by Bongwoo Gwon Tae-hoon, who was a Confucian scholar and the progenitor of Sundoism. The view of Bongwoo Gwon Tae-hoon was that the Confucian scriptures that contain the mind control method handed down from Confucius are Daxue, Zhongyong and Zhouyixicichuan (周易繫辭傳). His another view was that Zhuzi (朱子) intentionally did not expose the original object of Confucian mind control method in the interpretation of Sangangling (三綱領) of Daxuezhangju (大學章句) annotated by him, since he was invoked by the contemporary logic of Sung Period (宋代). Bongwoo Gwon Tae-hoon added a new annotation on Daxue Sangangling and tried to disclose the original object of Confucian mind control method through new interpretation by explaining the implied meaning of character '中' (zhong) of Zhongyong Yunzhijuezhong (允執厥中) by way of Iljungron (一中論). In addition to this new interpretation, Bongwoo Gwon Tae-hoon took the Yuanxiangfa (原象法), which Confucius compiled as the extract of Yijing (易經) from Zhouyixicichuan (周易繫辭傳), as the core of Confucian metaphysical philosophy study. He suggested Yuanxiangfa as a methodology to reach the ultimate target of study together with the Yonghobigyeol of Taoism and paid attention to the close relationship between the two. Bongwoo Gwon Tae-hoon verified the original object of Daxue by new interpretation on Daxue Sangangling, left an analytical thought on the consistency among Daxue, Zhongyong and Xicichuan (繫辭傳) and the study method of Igyohabil (異敎合一), where he integrated the principle of Taoism and Confucianism. Bongwoo Gwon Tae-hoon left a new topic to Korean world of thought, which is as important as the Seondanhosuron (禪丹互修論) of Cheonghaja Gwon Geuk-jung (靑霞子 權克中) in Joseon Period.