• Title/Summary/Keyword: 대립

Search Result 1,173, Processing Time 0.024 seconds

A Study on the Restructuration of Norm System in the Field of ICT for the Smart Media (Smart미디어시대 정보통신·미디어(ICT) 분야 규범체계의 재구조화에 관한 연구)

  • Ji, Seong-Woo
    • Journal of Legislation Research
    • /
    • no.44
    • /
    • pp.33-62
    • /
    • 2013
  • In this paper, the consolidation of ICT basic legislation and ICT special legislation concerning "Ministry of Science, ICT and Future Planning" and "Korea Communications Commission" which came on the back of governmental reorganization in recent years is discussed in the theoretical and practical aspect. Development of "data communication technology" innovatively changed the method of livelihood of mankind, the emergence of network under global dimension provided financial social benefit and posed a challenge and a threat at the same time. Form digital revolution human kind can expect to receive many important blessings. Nevertheless, there are many advantages of development of technology by digital revolution, cyberspace like online media, internet etc. has realistically many problems that must be solved. To maximum positive aspects like the expansion of freedom of expression and creating plan of economy by the advance of transmission technology is needed. And to minimize side effects of informatization is required more. The First, Special Act on ICT has an adaptation in normative standardization to be fit in media convergence beyond convergence of broadcasting and telecommunications. Henceforth, there must be established a legal basis for the achievement of protection of economic evolution and freedom of speech in digital media, information, communication technology and content development. The second, the government action is to accomplish economic development and freedom of information in structural aspect of norm. Therefore minimizing normative problem by reorganization of organization remains clearly unresolved in politics. The third, Special Act on ICT must be basic law covering info-communications field, pay telecommunication and media contents field. The forth, from a technical point of view, net neutrality, conflict of interest for digital content and so on can be fixed easily. Special Act on ICT must not only pursuit of development of industry. Special Act on ICT and pursuit of enhancing quality of life of people and preparing program to promote democratization. From now on, we need to make powerful nation of information& communications technology and in information human rights protection field got to be one step ahead of others with reference to appear all the various aspects must be brought together in the discussion of legislation process of Special Act on ICT.

The Achievements and Limitations of Petit Bourgeois Desires in "Oksosun Story" (<옥소선 이야기> 속 소시민적 욕망의 성취와 한계)

  • Lee, Won-young
    • Journal of Korean Classical Literature and Education
    • /
    • no.32
    • /
    • pp.327-355
    • /
    • 2016
  • This study aims to identify petit bourgeois desires through the characters in "Oksosun Stories" from Cheonyerok, an eighteenth-century Yadam anthology. The desires and motivations of the characters are quite secular and egocentric. Because of this, their shared characteristics are similar to those of the petit bourgeois, as neutral existence begins to emerge during the transition from feudal to modern society. The concept of petit bourgeois generally means the public and the working class of modern society. The main character's behavior in the story differs little from general petit bourgeois attitudes. An important belief in petit bourgeois is not the ruling ideology in society but the achievement and stability of realistic and ordinary desires to fulfill their lives' satisfaction. Also selfish or antisocial attitudes and boundary characteristics appear in the process, depending on whether subject having any desire. However, the character's actions are limited in the governance system of a huge reality. And It is characterized by end goal being to meet their upward mobility and stability. This corresponds with Seang's (書生) actions of turning his back on his family and country as well as promising Jaran his love; and, he redeems himself with his family and society by acquiring stability after he passed the state examination. Furthermore, the contemporary significance of this work demonstrates Seang (書生) discovering his desires for human love; therefore, in order to affirm and gratify this desire, he endures the societal state of semi-feudalism against filial duty (不孝), disloyalty (不忠), and non-chastity (不烈), and he acts independently. In addition, on the strength of his pursuit of his desires, Oksosun frees herself from the caste restraint called gisaeng (妓生) and affirms her desire to become a subject of love, but she then deviates from the social system. Moreover, the limitations and achievements of the petit bourgeois are indicated in the actions of recognizing the social threshold of their past in the process, making independent efforts using their capabilities, fulfilling success in the state examination with their intellectual capacity, and re-entering society. From the late Chosun Dynasty to modern times, there is not only the type of contemporary people who hunger for fulfillment of their personal desire and live in free will, but there is also the feudal type that is still lacking in the understanding of independent life. This is not as different as in these present times. This literature asserts the meaning of awakening one's self-existence and assigning great value to the fulfillment of self-desires against the odds that are created by socio-political, cultural, economic norms of the era. "Oksosun Story" affirms the small efforts and successes of private individuals in reality. It also validates the search for life happiness through positivity. In this sense, even the contemporary reader would derive valid meaningfulness from this literature.

A Legislative Study on the Plans for its Improvements and Problems of the Lien in the Real Estate Auction (부동산경매에서 유치권의 문제점과 개선방안에 대한 입법론적 검토)

  • Jun, Jang-Hean
    • Journal of Legislation Research
    • /
    • no.41
    • /
    • pp.261-302
    • /
    • 2011
  • A lien is the right to possession the thing until receiving repayment of its bonds in some cases that the property of other person or the occupant for marketable securities receive the bond that has occurred on that property or marketable securities. This has own purpose to break 'principle of creditor equality' to protect especially the bond of the subject occupant in terms of justice. These lien on our civil law come according to the law in prepared certain requirements. However, an incomplete real rights granted by way of security that does not have a preferential performance right or seniority on the exchange value of the object suffer from the problems a lot in the real estate auction process because of the feature that is not announced in the register unlike the mortgage. In addition, the lien of real estate is not lapsed in an auction process. There is no preferential performance righ in a positive law as providing that can oppose to the buyer(a successful bidder) until received repayment the secured bond price to be compliant with the lien(Civil Case Execution Law the 91st clause of Article 5). However, as asserted the super preferential performance righ to a buyer in real terms, acts as primary cause of breaking unexpected loss and according unfair law relation to a senior mortgagee and seizor, etc. and the principles of the creditors equality to the persons concerned in other words, the principles of justice. All of these issues are the establishment of the lien and theory conflict on the effects. In spite of the fluctuations of a real right about real estate is announced as a registration by the current law, only the lien come into unclear announcement means for possession. In addition, Civil Case Execution Law argument is caused by the adoption abernahmeprinzip about the lien (Civil Case Execution Law the 91st clause of Article 5). Therefore, this paper was examined briefly the significance and purpose, history and law-making examples of each country and the valid requirements and effect of the lien that is basic principle of law about the lien system above all. And then, it will be reviewed the improvement plan for de lege ferenda to improve the issues about this after reviewing the objection, theory and judicial precedent about opposing power and preferential performance right of the lien in the real estaKey Words : Lien, Oppose Power, Mortgage right, Preferential Performance right, Seizure, Real Estate Auction, Lien who can not Opposing against Successful Bidder, Lien who can Oppose against Successful Bidder, Possessionte auction that is a fundamental problem on requirement and effect of the lien.

South-North Legal System Division: Challenge for the Integration of Legal Systems beyond the Division of Korea (남북 법제분단: 분단을 넘어 법제통합을 위한 과제)

  • Choi, Eun-Suk
    • Journal of Legislation Research
    • /
    • no.53
    • /
    • pp.61-107
    • /
    • 2017
  • It has been seventy-two years since the Korean Peninsular was divided into South and North Korea. When Korea was liberated from Japanese colonial rule in August 1945, the South and North established a capitalist system and a socialist system (communism) respectively, intensifying the ideological conflict and confrontation. The division of Korea was not confined to political and economical aspects, but extended to legal system, making it difficult to find legislative homogeneity in the two. The long-term situation of the divided nation results in a social phenomenon accompanied by legal division. For instance, shortly after its liberation from Japan's colonial rule, North Korea responded quickly to secure legal stability to govern the northern part while the Soviet army troops were stationed in it. Based on Marx and Engels' historical materialism, the North drove a change in its ideological superstructure by repealing the privatization of land property which was the means of production and finally enforced land nationalization, in common with other socialist states including the former Soviet Union. The North's land reform made under the guise of fulfilling national independence and doing away with anti-seigneurial and anti-feudalistic relations, has led to a wide difference in the systems between the South and Korea. This paper focuses on the legal systems of South and North Korea and is aimed at exploring the legal characteristics and environment of the North which became secluded from the world while engaging in socialist experiments for the past seventy two years against capitalism. Ongoing studies of legal system integration will be briefly discussed. The legal status of South and North Korea as a political entity will be investigated to overcome legal system division; and the characteristics of South-North relationship in legal terms and the limitations of the North's legal system will be also examined. Moreover, the directions for integrating legal systems and the plan for resolving legal system division will be suggested.

Assessment Selective Breeding Effect of Israeli carp (Cyprinus carpio) from Korea (국내 이스라엘 잉어의 선발육종효과 평가)

  • Kim, Jung Eun;Hwang, Ju-ae;Kim, Hyeong Su;Im, Jae Hyun;Lee, Jeong-Ho
    • Korean Journal of Ichthyology
    • /
    • v.32 no.4
    • /
    • pp.210-221
    • /
    • 2020
  • Since the introduction of Israeli carp into Korea for farming in 1973, there are no breeding studies on developing Korea Israeli carp (domestic) so far. This study performed gene-based cross-breeding studies to restore genetic diversity of lowered Israeli carp through continuous inbreeding, and for rapid growth and better scales. This study produced four cross-breeding groups (F1) using Koean Israeli carp and Chinese Songpu mirror carp for the improvement of growth and scale of Israeli carp in Korea. And mating scheme for breeding groups was set in consideration of the morphological analysis and genetic distance of broodstock. In addition, this study used microsatellite markers and genotype data to analyze genetic diversity and parentage analysis. As a result, the average NA and HE values of Korean select broodstock are 8.3 and 0.743, and F1 is 13.0 and 0.764. This study shows that the genetic diversity of F1 has been recovered over Korean Israeli carp through breeding between Korean Israeli carp and Chinese Songpu mirror carp. Common Israeli carp in Korea reached 1.7 kg in 17 months, and improved Israeli carp reached to 2.2 kg. The KC (Korea×China, KC) group was 2.52 and broodstock group was 3.15. F1 showed lower scale score (0.63) than broodstock. The improved carp (F1; CK, KC) had 20% better scales than the parent group (F0), which improved 27% in weight and 25% in scales compared to common Israeli carp. The Israeli carp developed by the genetics-based breeding grew quicker and had improved genetic diversity and fewer scales, which will be of great value for Korean Israeli aquaculture industry due to good marketability.

The Relation of Particular Good, Common Good and the Highest Good and its Metaphysical Foundation according to Thomas Aquinas (토마스 아퀴나스에게서 개별선, 공동선, 최고선의 관계와 형이상학적 근거)

  • Lee, Sang-sup
    • Journal of Korean Philosophical Society
    • /
    • v.130
    • /
    • pp.219-246
    • /
    • 2014
  • Do the particular good and the common good stand in relation of opposition or superiority each other? With regard to this question, some argue that the relevant Thomas texts reveal the superiority of the common good over the particular good, while others argue for the superiority of the particular good. The argument of this articles is, however, that closer examination of texts shows that Thomas Aquinas seeks to the unity of the common good and the particular good instead of seeing the conflict between them. It is true that Thomist moral and political theory emphasizes the value of the individual, but it should be noted that for Thomas the individual as individual does not exist, but shares specific formal determination with other members of the same species and, therefore, is the individualized, concrete universal. Good, meanwhile, means perfection which each being pursues and a thing is called good in the absolute sense when it actualizes its potentialities as a whole. An individual person is said to pursue only partial good, if it only seeks its perfection as an individual. The nature of individual person should be fully realized only in and through the community pursuing the common good. But the aim of living together which is rooted in the nature of human being as a rational being is for its members to live virtuously. The political community is said to try to bring its individual members to perfection, since the virtues are what renders human beings and their acts good. In this sense the particular good of the individual person is achieved through the pursuit of the common good and the common good is realized through the pursuit of the particular good so that they coincide each other. But this unity remains imperfect, when it would not be rightly ordered to its due end which is non other than the highest good, that is God. Accordingly the goodness of the human being in an absolute sense lies in the unity of the particular good and the common good rightly oriented towards the highest good, which is also called common good which every being pursues.

Return of Self-identity and Story of the Other which disappeared in Advaita Vedanta (아드와이따 베단따의 자아정체성 귀환과 사라진 타자의 이야기)

  • Park, Hyo-yeop
    • Journal of Korean Philosophical Society
    • /
    • v.126
    • /
    • pp.109-132
    • /
    • 2013
  • The most important vocabulary in Advaita $Ved{\bar{a}}nta$, which is anthropology and soteriology on the self, is of course '${\bar{a}}tman$' or 'the self', to which '$an{\bar{a}}tman$' or 'the other' is in opposition. As $Ved{\bar{a}}ntic$ system revolves around the concept ${\bar{a}}tman$, it can be compared favorably with 'final vocabulary' of Richard Rorty. Moreover, $Ved{\bar{a}}ntic$ system can be termed as 'a return of self-identity', in which a process of returning is from a deceived self to the true and original self. After all, story of '$an{\bar{a}}tman$' or 'the other' in $Ved{\bar{a}}nta$ seems to have no significance at all. However, discourse about the other can also lead a something fruitful. There are such doctrines in $Ved{\bar{a}}nta$ that support a procedure of self-realization not according to the Hegelian dialectic but to the transposition and continuous antagonism between the self and the other, as a special meaning of viveka (discrimination) that fixes a boundary between the self and the other, a destruction of falsehood that is more important than establishment of truthfulness, a transposition of the true and the false before and after self-realization. Thus the other is not disappeared but only hidden, even after accomplishing its own methodological role, and the same is with discourse about the other. To revive forgotten vocabulary in $Ved{\bar{a}}nta$ is an attempt to reconstruct devaluated story by means of shifting the pivot of discourse from the self to the other. The essential thing in this attempt may be to revive the conceptions of 'effort' that is intently concealed and of 'self-inquiry' that has lost its true meaning. Out of these, a systematic and continuous self-inquiry, consists in having a scenario on the question 'Who am I?' and utilizing that scenario by experience without interruption. A work of reconstructing the lost narratives in $Ved{\bar{a}}nta$ can be feasible only when the history of self-inquiry is redescribed in the system itself, provided that object of inquiry is not 'a self as the self' but 'a self as the other'.

The Importance of Kant's 'Sensus Communis' in the Contemporary Practical Philosophy : Focused on the Relation between Autonomy and Solidarity (현대 실천철학에서 칸트 공통감 이론의 중요성 - 자율성과 연대성을 중심으로 -)

  • Kim, Suk-soo
    • Journal of Korean Philosophical Society
    • /
    • v.123
    • /
    • pp.57-86
    • /
    • 2012
  • Many contemporary philosophers argue that modern philosophy is only the philosophy being imprisoned in subject and consciousness without communicating other subjects with language. They criticize that it is solipsistic. Today, those who are taking part in the communication theory, hermeneutics, and de-constructivism are trying to overcome this problem. The practical philosophers, especially those who advocate communintarianism criticize that modern libertarianism is not free from the isolated autonomy and breaks the solidarity of the traditional community with treating formally others. They criticize Kant's philosophy in the same way. But it is unreasonable. Because Kant was not the philosopher who pursued the same philosophy of subjectivity and liberalism as the earlier modern philosophers pursued. He tried to criticize its limits and overcome them. Especially he did not remain within the modern subjectivity, but rather tried to come up with the inter-subjectivity communicating between subjects. He showed this side through the 'sensus communis'. He thought of a judgement of taste as an effect resulting from the free play between imagination and understanding, and postulated the 'sensus communis' as a ground of the universal validity of this judgement. Therefore this 'sensus communis' is the subjective principle of a judgement of taste. Furthermore, he did not treat this 'sensus communis' merely as a self-relation of a subject, but rather developed it into an communicative relation among subjects. This position of Kant enables us to seek the harmony between the aesthetic sphere and social-moral sphere, and to overcome the conflicts between the autonomy of the liberalism and the solidarity of the communitarianism. Especially, his 'sensus communis' can be developed into the 'critical hermeneutics' and the 'relational autonomy'. Therefore his 'sensus communis' has the possibility to overcome the negative points of the traditional community and the modern community, and to overcome the conflicts among the isolated selves occurring in today's society. Hence Kant's 'sensus communis' has still the important values in the contemporary philosophy, especially in the practical philosophy being now discussed over the relation between autonomy and solidarity.

The Method of the Cultivation of Taste and the Possibility of the Edification of Personality & the Cultural Development Through It: The Approach to Analyzing the Examples of the Judgment of Negative Taste in Kant's Critique of Judgment(§§32-33) (취미 도야의 방식과 이를 통한 인성의 교화 및 문화발전의 가능성: 칸트의 『판단력비판』 §§32-33 부정적 취미판단의사례 분석을 중심으로)

  • Yang, Hee-Jin
    • Journal of Korean Philosophical Society
    • /
    • no.117
    • /
    • pp.139-167
    • /
    • 2017
  • This essay attempts to reveal how taste spontaneously cultivates and why it is necessary for cultivating taste to edify our personality and to develop culture. It is a key of the solution of the problems that taste always reflects its judgment through pleasure. Because the grounds of the universal validity of the judgment of taste are found, whenever taste tests the validity of its own judgment, the so-called 'delight of discovery' makes taste cultivate itself. For having the moral personality, we need to practice spontaneously the morality of our own behaviour and for judging whether an artwork to represent the period is succeeded or not, we need to have a high insight to select the cultural heritage. But the autonomous thinking can delightfully be made a habit, judging the beauty of artworks. In the main body of this essay, it is determined from the three examples of the negative judgment of taste which Kant suggested in deduction. According to Kant, the negative judgment of taste means that the beautiful work is displeased, but what it asserts is that taste is cultivated. I formalize the methods of reflection of taste revealed in three negative judgments of taste into'resisting', 'indicating of error', 'self-retracting'.(Chapter 2) And from this, I emphasize the necessity to cultivate taste in the way that these methods of the cultivation of taste can affect building our personality by stimulating our reason to have interest in moral(Chapter 3) and in the way that taste directly judges the product of cultural succession.(Chapter 4) In the end of last chapter, I examine further essentially the method of the reflection of taste, to inquire into how to enable it.(Chapter 5) Especially, I try to illuminate its grounds through Schiller's concept of the "impulse of amusement(Spieltrib)", because his explanation helps us to understand the dynamics of taste's delight of discovery. Although the abilities of mind conflict with each other, taste has the characters that it reflects to encourage them for each other and that it is vitalized by its own activity. We, as it were, can pleasantly handle two tasks, because taste makes the impulse of amusement from conflictive impulses in mind. In conclusion, I state that we have to experience directly the impulse of amusement like creative artist, because it is maximized from creation.

Canopy-Related Characteristics of Korean Soybean Cultivars (한국 콩 품종의 초형관련 형질의 특성)

  • Kim, Hong-Sig;Lee, Ku-Hwan;Song, Hang-Lin;Kim, Seong-Jin;Hur, Gun;Woo, Sun-Hee;Jong, Seung-Keun
    • Korean Journal of Breeding Science
    • /
    • v.40 no.2
    • /
    • pp.143-152
    • /
    • 2008
  • This study was conducted to obtain basic information on mainstem, branch and leaf characteristics related to canopy for development of high yielding cultivar using 70 Korean soybean cultivars developed from 1913 to 2000. Variations of canopy width, branch length, and canopy width/length ratio were higher compared to other characteristics among 12 mainstem and branch characters. Variations of petiole angle, leaflet width/length ratio and compound leaf dry weight were higher than other characteristics among eight leaf characters related to plant canopy. Three classifications of soybean cultivars were used based on usage: I)soy sauce and tofu, II)bean sprout, and III)cooking with rice. Canopy width/length ratio was higher in group III, cooking with rice than group I, soy sauce and tofu, and group II, bean sprout, and there was no difference between the two, group I and group II. The total branch length/main stem height ratio was higher in group II, bean sprout and group III, cooking with rice than group I, soy sauce and tofu. Mainstem and branch characteristics related to plant canopy were classified into four groups by ratio of canopy width/length and total branch length/main stem length, respectively. Soybean cultivars with narrow canopy and high dependence of mainstem were Danweonkong, Keumkangkong, Shelby, and Shinpaldalkong. Soybean cultivars with broad canopy and high dependence of mainstem were Kanglim, Keumkangdaelip, and Jinyulkong, and a cultivar with broad canopy and high dependence of branch were Geomjeongkong 2. Leaflet length/width ratio was lowest in cooking with rice and there was no difference between soy sauce and tofu and bean sprout. Compound leaf area was largest in cooking with rice and smallest in bean sprout. Leaf petiole length was short in bean sprout and there was no difference between soy sauce and tofu and bean sprout. Leaf petiole angle was highest in cooking with rice and lowest in bean sprout. Leaf type was classified into four groups based on leaflet width/length ratio and compound leaf area, respectivly. Buseok and Taekwangkong had an oval leaflet and largest area of compound leaf. Eunhakong and Sohokong had extreme narrow leaflet and smallest area of compound leaf. Leaf petiole type was classified into three and four groups based on leaf petiole length and angle, respectively. A soybean cultivar with the shortest petiole length and smallest petiole angle was Eunhakong and cultivars with short petiole length and large petiole angle were Alchankong, Muhankong, and Pureunkong. A soybean cultivar with long petiole length and small petiole angle was Sinpaldalkong 2. Among a total of 70 Korean soybean cultivars, Eunhakong had an extreme narrow type in leaf, smallest compound leaf area, shortest petiole length, and smallest petiole angle of compound leaf.