• Journal of Legislation Research
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• no.44
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• pp.211-239
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• 2013

In 2012, the Korean government has hosted the AFoCO Secretariat in Seoul. The AFoCO Secretariat is established by Agreement between the Governments of the Member States of the Association of Southeast Asian Nations and the Republic of Korea on Forest Cooperation (AFoCO Agreement) which is initiated by the Korea. The Korea government, however, does not have any laws and regulations to regulate the matter of legal status and legal personality of nationally hosted international organizations including the AFoCO Secretariat. Therefore, the legal status and legal personality of AFoCO Secretariat in international and domestic arena are still not clear. To articulate such issues and to propose some answers, this article analyzes the international and domestic legal theory and practice about the status and legal personality of public international organizations. As a result, it is common in the literature to delimit international organizations by some standards. One characteristic is that international organizations are usually created between states. A second characteristic is that they are established by means of a treaty. And as a third characteristic, international organizations must possess at least one organ which has a will distinct from the will of its members. According to those criteria, the AFoCO Secretariat can be categorized as a public international organization. It means that the AFoCO enjoys certain privileges and immunities as a public international organization and must confer legal capacity in Korea even there is no domestic laws and regulations conferred the status and legal personality to it. It, however, will be a better way to confer domestic legal personality on the AFoCO Secretariat through a domestic act like an "Act on the Assistance of International Organization Attraction". This act will stipulate the legal status of international organization in Korea including the privileges and immunities as well as the matter of assistance of hosting international organizations.

• (The) Research of the performance art and culture
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• no.34
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• pp.315-353
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• 2017

This study examined the music policies of the three kings, Seongjong, Jungjong, and Injo, who were in power for about 200 years from the late 15th century to the early 17th century. These three kings deserve attention in musical history for different reasons. Sungjong published "Gugjooryeui"(1474), "Gyeong-gugdaejeon"(1476), and "Aghaggwebeom"(1493), the typical etiquette books, law books, and musical books that take the most important position in the history of Joseon, so his direction of music policy deserves attention. Jungjong was the king who rose to the throne after there was a revolt against Yeonsangun's tyranny. Injo ascended to the throne by starting a military coup d'etat himself. One may wonder how the aspect of music policies developed by a king, who was crowned by a revolt, is different from other cases. As each of these three kings had different background of enthronement and the contents of music policies in the royal family also developed with different emphasis, this study examined each aspect separately. Sungjong emphasized the importance of music and regarded it important to cultivate officials who know music. To this end, he gave a special order to Yejo(the office of protocol) and this study tried to clarify the contents first. In addition, this study examined the process, contents, and meaning of various modification works related to the revision of the lyrics used in the ceremonies. Jungjong supplemented the institutional aspects of music. This is the result of expressing the will to correct the anomalous and reckless music policies of the period of Yeonsangun. In addition, many words in the lyrics had been about Buddhist doctrines and love songs between male and female, so there were efforts to reform these. As for the period of Injo, this study examined the music policies that were made in the process of resolving the crisis after the war. It was a time when court musicians were scattered after two times of war and it was not possible to hold the national ritual properly, so music policies in this period were different from the ones in stable era. This study covered discussions on the measures to collect lost instruments and scattered musicians. It also looked at how the restoration effort was made in the situation that the music used in ancestral rites was abolished.

• Journal of Legislation Research
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• no.55
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• pp.167-191
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• 2018

Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

• (The) Research of the performance art and culture
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• no.33
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• pp.329-354
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• 2016

Hyupryulrang was the position that announced the start and end of music in royal ceremonies. It appeared when the royal etiquette was categorized and implemented due to the five etiquette system, which was formed by the influence of Confucianism. Confucianism valued etiquette and music and this aspect was reflected in royal five etiquette, making music involved in royal ceremonies. So there was a need to have a mediator who will announce the insertion of music according to the process of royal ceremonies. For harmonious realization of royal ceremonies and music, hyupryulrang was indispensible. In Korea hyupryulrang appeared in Goryo era and lasted until Joseon era. Hyupryulrang during Joseon was handled by bongsanshi and once was taken by jeonak( 典樂) temporarily but finally was managed by officials in jang-akwon(掌樂院). Among the officials in jang-akwon, jang-akwon jeong(正) mainly served the role but jang-akwon chumjeong(僉正) and jang-akwon juboo(主簿) were sometimes recruited for the role according to circumstances. What was common among jang-akwon jeong, chumjeong, and juboo was that they were all danghakwan(堂下官). Danghakwan was an official who had the fundamental limitation of not being able to participate in policy making so was in a lower position compared to dangsangkwan. Meanwhile, according to circumstances of ceremonial process or the characteristics of ceremonies, gyeraseonjeonkwan(啓螺宣傳官), mushingyungseonjeonkwan(武臣兼宣傳官), and yeojipsa(女執事) were recruited as hyupryulrang instead of officials of jang-akwon, so that there would be no problems in ceremonies and performance of music. The activities of hyupryulrang can be summarized as setting up or laying down hui in most ceremonies that involved band. At night, however, as hui(麾) was invisible, jochok(照燭) or sometimes geumgogi(金鼓旗) was used. As for the term that referred to hyupryulrang, in case of royal banquet, the names of the ceremonial tools were borrowed such as geohuichabi(擧麾差備) and jochokchabi(照燭差備). The location of hyupryulrang was in the west on top of seogye(西階) facing toward the east, which was a position where hyupryulrang could watch the ceremonial process easily and be close to the band. That is, it was a position where one can see the space of ceremony and the space of music at the same time. Also, hyupryulrang was involved in musical parts related to ceremonies such as rehearsals, arrangement of the band, controlling the speed of music, and prevention of missing any musical pieces, and was in charge of such tasks. Hyupryulrang, who had to take charge of music in accordance with ceremonial procedure, was a mediator between royal ceremonies and music.

• (The) Research of the performance art and culture
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• no.34
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• pp.133-172
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• 2017

Mansuseongjeol was originally a term that referred to the birthday of Chinese emperors. In October 1897, when Emperor Gojong ascended the throne, his birthday could be called mansuseongjeol. The celebratory events for mansuseongjeol took place throughout various levels of society and regions. Various places and classes including government officials, foreigners, students, religious people, journalists, merchants, civic groups, and nation-wide open ports celebrated the birth of Emperor Gojong, and the classes celebrating the day became stronger and wider. In other words, in the sense that the celebration had the nature of being universal, national, and global in terms of classes, regions, and races, the event was distinguished. Due to such nature, celebrating culture proceeded in various ways and the imperial family provided donation. Celebration on mansuseongjeol extended to respect toward the emperor and patriotism so it contributed to strengthening the emperor's power and solidifying the unity of the people. Also, such an event was reported around the world through diplomats and reporters living in Korea, raising the national status of Korea in the world. However, after the breakout of Russo-Japanese War, Japan controlled the finance of the royal family, reduced the power of the emperor, and the celebration of mansuseongjeol was also reduced. Due to the suspension of royal family's financial support, crackdown from Japan, and the dethronement of Emperor Gojong, events for mansuseongjeol disappeared and only inside the palace, did formal celebrations continue centering on pro-Japan officials and Japanese people. The abdication of Emperor Gojong came with the collapse of Korean Empire and along with that, celebration of mansuseongjeol came to an end. In the circumstances, the culture of court banquet disintegrated, and the best performers of Korean Empire degenerated into mere entertainers. Though mansuseongjeol, the medium of expressing respect toward the emperor and patriotism, lost its status, it is significant that the cultural achievements, which were created during the process established with the support of the financial power of the royal family, serve as internal power that drove Korea's modern and contemporary cultural history.

• 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.

• Journal of Legislation Research
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• no.54
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• pp.193-216
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• 2018

Das Leben des Embryos ist als solche ein Rechtsgut, das einen durch das Strafrecht hinreichend $gesch{\ddot{u}}tzt$ werden sollen. Daher versteht es sich von selbst, $da{\ss}$ auch bei der Schwangere die ihren eigenen $empf{\ddot{a}}ngenen$ Embryo beseitigenden Handlungen nicht $unbeschr{\ddot{a}}nkt$ gebilligt werden $k{\ddot{o}}nnten$. Es $k{\ddot{o}}nnte$ bei der Schwangere wegen ihrer $Interessenverh{\ddot{a}}ltnisse$ mit ihrem Embryo z. B. endlosen deren Verantwortlichkeiten nur die $Erlaubnism{\ddot{o}}glichkeiten$ ${\ddot{u}}bergelegt$ werden. Wie der Bundesverfassungsgericht schon ${\ddot{u}}berzeugt$ hat, $k{\ddot{o}}nnte$ das Leben des Embryos keinen vom Strafrechtschutz $ausschlie{\ss}enden$ Teil anerkannt werden, sondern nur in besonderen $F{\ddot{a}}llen$ ausnahmsweise dessen Verletzung erlaubt werden. ${\ddot{U}}ber$ die Reichweite der ausnahmsweisen anerkannten Erlaubnisse gegen einer Rechtsgutsverletzung sollte es im Allgemeinen $abh{\ddot{a}}ngig$ unter Zeitraum und Umwelt konkret ausgefargt werden. Daher kann eine konkrete Diskussion ${\ddot{u}}ber$ Rechtsfertigungsgrund des Schwangerschaftsabbruchs nur erstenmal anfangen, nachdem ein strafrechtlicher Schutz des Embryolebens $pr{\ddot{a}}zis$ ausgeforscht wird. Bis jetzt hat das Strafrecht das Rechtsgut als Leben des Embryos zu leicht bewertet und damit hat die Strafe des Schwangerschaftsabbruchs zu niedrig bestimmt. Die niedrige Strafe des Schwangerschaftsabbruchs $enth{\ddot{a}}lt$ die Gefahr, die die Erlaubnisreichweite des Schwangerschaftsabbruchs ungerecht ausdehnt. Die Handlung der Schwangere sollte minder bestraft werden, um das Sebstbestimmungsrecht der Schwangere hoch $w{\ddot{u}}rdigen$ zu $k{\ddot{o}}nnen$. Letztlich braucht der Versuch des Schwangerschaftsabbruchs zu bestrafen. Der Versuch und die Vollendung ${\ddot{u}}ber$ die Verletzung des Embryolebens sollten deren Unterschiede im ihren Unrechtsgehalt anerkannt werden, weil der Normzweck des Schwangerschaftsabbruchs im Schutz des Lebens des Embryos besteht. Und damit in den $F{\ddot{a}}lle$, die in Folge des versuchten Schwangerschaftsabbruchs die Schwangere verletzt oder gestorben wird, $k{\ddot{o}}nnten$ die Meinungsstreiten $aufgeh{\ddot{o}}rt$ werden.

• (The) Research of the performance art and culture
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• no.34
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• pp.215-240
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• 2017

This paper reviewed the aspects of using Seoul gut and Hwanghaedo gut, which are gangshingut(exorcism by possessed shamans), and Gyeonggidodanggut and Southern coast byeolshingut, which are seseupmugut(exorcism by hereditary shamans), and based on that, examined the universality of using beats of mudanggut. This study should have examined the use of beats in donghaeangut and honamgut and it was the limitation of this paper. While it examined the universality and mentioned several cases of donghaeangut, this paper will have a clearer point when it studies the use of beats in donghaeangut. Through the process, this study tried to present that though the groups and aspects of performance differ from region to region, the universal principle may be the same. The beats used in gut of different regions have clearly different systems. Depending on performers and ways of performance, different beats are used. As for the system of beats, the name of beats and composition has uniqueness but there are similarities when compared to gut of other regions. In this paper, this was called universality. It means that there are significant differences in the composition of shaman songs, ways of performance, and use of beats but the system of beats is the same. Different aspects of using beats depending on performers are also regional universality. In Seoul gut, the use of beats is different depending on whether a janggujaebi performs gut in the sitting position, singing shamanistic songs or a shaman performs gut in the standing position. Gyeonggidodanggut is representative when it comes to the use of beats being clearly distinguished depending on performers. Beats differ depending on whether the performer is Miji or Sani. Also it is common that through the use of beats they convey the significance of performing shaman songs. It is found in the gut of all areas to express the meaning of cheongshin and oshin and this is seen more conspicuously when expressing some beats are closely related to the status of spirits. In Seoul gut, as the name sangsanjangdan and byeolsangjangdan show, the name of spirits are used as the name of beats and gut of all regions express the significance of expelling spirits through the use of beats. It means that ways of performance differ depending on regions, but there is an awareness of spirits, the main agent of gut. Though seseupmugut has weaker awareness than gangshingut and there are not various factors of performance that show divine power, the use of beats reveal that there is awareness about spirits.

• The Journal of Korean Philosophical History
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• no.31
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• pp.7-32
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• 2011

Cheng Yi(程?, 1033~1107) understood that nature is full of "changes(易)". And he noted that human being as part of nature also exists only in a series of changes, i.e. birth, growth, extinction and death. All things including human being arise from the same principle, or "Heavenly Principle." Hence human being can fundamentally be one with all other beings, or nature. It is called "Unity of all things(萬物一體)" and "Unity of heaven and human(天人合一)." This philosophical perspective cannot be regarded as being unique to Cheng only; neo-Confucian predecessors called "the five masters of the Northern Song(北宋五子)" anticipated Cheng's vision already. Nevertheless, Cheng elaborated on the shared vision, revealing his philosophical uniqueness. Cheng maintains that only human being receives the principle in the unstained form, and thereby is capable of being one with nature. The one who realizes her/his potential to be one with nature is a sage(聖人); for Cheng, the order and pattern found in nature is nothing other than moral principle that human beings have to live up to and vice versa. Cheng's idea on the principle which human being receives from Heaven no doubt relates to Mencian notion of the innate goodness of human nature(性善); the innate goodness of human nature is no other than Heavenly Principle, and to become a sage depends on whether one can realize her/his potential - human nature, i.e. Heavenly Principle in her/himself. For Cheng, human nature tantamount to Heavenly Principle has no evil quality; all the evil in the world comes from imperfect "physical endowment(氣質)," or "capacity(才)" which is various from person to person, making various personalities. Accordingly, the task of moral cultivation in Cheng's theory can translate into the matter of rectification of one's physical endowment.

• The Journal of Korean Philosophical History
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• no.56
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• pp.119-149
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• 2018

Le 樂 is important in Politics of the Kings. It is the same in Nothern Song period(北宋). There was an argument about Le 樂 and Lu 律 in Nothern Song Period. Those who argued were Fan-Jin(范鎭) and Sima-Guang(司馬光). They argued for 30 years. Fan-Jin insists that a standard of weights and measures is Lu and a standard of Lu is the fundamental tone of twelvenotes scale, Hwang-Jong 黃鍾. On the other hand, Sima-Guang insists that a standard of Lu is weights and measures and a standard of Le is Equilibrium and Harmony, Zonghe 中和. Fan-Jin thinks it is possible to restore a Sage King's music through the right standard of Lu. But Sima-Guang thinks it is impossible. Sima-Guang believes that the only way to restore a Sage King's music is to complete Zonghe. And Fan-Jin thinks Zonghe is the work of the king whereas Sima-Guang thinks Zonghe is the order of man and everything. The key point in the argument is Lu and Zonghe. Fan-Jin regards Lu as the basis of music, whereas Sima-Guang regards Zonghe as the basis of music. Lu is a tangible law and Zonghe is a intangible law. Although the argument between the two ended in a stalemate, the argument shows the difference between the scholars at the time.