• Journal of Environmental Policy
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• v.8 no.4
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• pp.125-147
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• 2009

The Basic Environmental Policy Act (BEPA) (Law No. 4257 effective 1. August 1990) sets forth the basic policies and administrative framework for environmental preservation, leaving more detailed regulations, and emission controls to separate laws targeting air, water, and solid waste, etc. The BEPA Article 31 adopts an unprecedented strict liability standard for damages as an absolute liability. The BEPA Article 31 provides for liability as follows. If a company is alleged to have caused damage through pollution of the environment, it will be liable for damages unless it can show that the pollution did not cause damages, or that it did not actually cause pollution. If the company did cause pollution, and if the pollution is the cause for the damages in question, the company will be liable irrespective of whether it was negligent or otherwise at fault. If there are two or more companies involved in the pollution, but it is unclear which company caused the damages, all of the companies will be jointly and severally liable for the damages. In this paper, the author attempts to uncover the problems of BEPA Article 31 and then seeks desirable amendments by comparing it to the German Environmental Liability Act. First, it will be necessary to provide definitions of 'companies etc.'. Second, it will be necessary to enumerate the kinds of company facilities. Third, it will be necessary to provide exclusionary clauses on material damages. Fourth, it will be necessary to show 'presumption of cause and effect'. Fifth, it will be necessary to provide a clause on 'right to information'. Sixth, it will be necessary to provide a clause for force majeure. Seventh, it will be necessary to take measures to secure abundant liability for damages which can be caused by the owner of the facility, the potential polluter. Finally, it is appropriate that Korea now legislate an Environmental Liability Act akin to the German Environmental Liability Act.

• The Korean Society of Law and Medicine
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• v.16 no.2
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• pp.159-193
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• 2015

Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

• (The)Study of the Eastern Classic
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• no.37
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• pp.33-61
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• 2009

In the late Koryo period, until 14th century, there had been at least two groups of Manchurians who were conferred citizenships; one group was living as an original inhabitant in the coastal area of north­eastern part of Korean peninsular, long time ago, and they were over one thousand households. The other was coming down from inland, eastern part of Yoha River, to the area of Tuman River to settle down and they were at least around one hundred and sixty households, including such tribes as Al-tha-ry, Ol-lyang-hap, Ol-jok-hap and others. They were treated courteously, from the early days of Choson dynasty, with governmental policies in an economic, political, and social ways. They were given, for instance, a house, a land, household furniture, and clothes. They were allowed to get marry with a native Korean to settle down. They were educated how to cultivate their lands. It was also possible for them to be given an official position politically or allowed to take a National Civil Official Examination. The fact they could take such an Examination, in particular, means they were treated fairly and equally, because they also had a privilege to improve their social positions through the formal system as much as common people. Two typical families were scrutinized, in this paper, family Chong-hae Lee and family Chon-ju Ju. All of them were successful to settle down with different backgrounds each other. The former were from a headman, Lee Jee-ran, who controlled his tribe, over five hundred households. He was given three titles of a meritorious retainer at the founding of Chosun dynasty, at the retrieval of armies, and an enshrined retainer. His son, Lee Wha-yong, was also given a vassal of merit who kept a close tie successfully with the king's family through a marriage. Upon the foundation of their ancestors, their grandsons, family Lee Hyo-yang and family Lee Hyo-gang, each, had taken solid root as an aristocratic Yang-ban class. The former became a high officer family, generation by generation, while the latter changed into a civil official family through Civil Official Examinations. They lived mainly around Seoul, Kyong-gi Province and some lived in their original places, Ham-kyong Province. Chu-man, the first ancestor, was given a meritorious retainer at the founding of the dynasty and Chu-in was also given a high officer position from the government. They kept living at the original place, Ham-heung, Ham-kyong Province, and then became an outstanding local family there. They began to pass the Civil Official Examinations. After 17th century on the passers were 17 in Civil Official Examinations and 40 were passed in lower civil examinations. The positions in government they attained usually were remonstrance which position was prohibited particularly to North­Western people at that time. The Chosun dynasty was open to Machurians widely through the system of envoy, convoy, and naturalization. It was intended to build up an enclosure policy through a friendly diplomatic relation with them against any possible invasion from outside. This is one reason why they were supported fully that much in a various way.

• Korean Journal of Heritage: History & Science
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• v.45 no.3
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• pp.80-99
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• 2012

It is known that there are two Gabong taesil (shrine for King's umbilical cord) of King Danjong, the 6th king of Joseon, remaining today. One of them is Mt. Sogok in Sacheon-city, Gyeongsangnam-do and the other is Mt. Beomnim in Seongju-gun, Gyeongsangbuk-do. The academic sector argued about this matter as there cannot be two Gabong taesil for one king. I once argued that Taesil on Mt. Beomnim in Seongju is King Danjong's Gabong taesil and Danjong taesil in Sacheon is the one for Prince Inseongdaegun, the eldest son of King Yejong. At that time, however, I had not examined the archaeological relics found in these places. In result of making an archaeological approach, I have come to the following conclusions :1. King Danjong had two Taesil : Agi taesil(shrine for baby's umbilical cord) and Gabong taesil. The first Agi taesil was created on Taebong of Mt. Seonseok in Seongju on November 26, 1441, but was moved to Mt. Beomnim in Seongju in 1451 to form the second Agi taesil. In 1458, King Sejo eliminated his Taesil. The stone structures of Gabong taesil still remains on Taebong of Mt. Beomnim, so it has been assumed that King Danjong established them during his reign (1452-1455). 2. Taesil in Sacheon has been known as King Danjong's Taesil because of King Danjong's reinstatement during the reign of King Sukjong. His Taesil was repaired with the reinstatement and King Sukjong was mistaken that Taesil in Sacheon was King Danjong's Taesil to fix it. The time of restoration has been assumed to be soon after the restoration of King Danjong's tomb (1699-1719). Taesil is missing the book of records and rails around the stone structure because the tombs of reinstated kings were restored without rails. 3. It is incorrect that Taesil in Sacheon was known as King Danjong's Taesil, It has been concluded that this Taesil was for Prince Inseongdaegun who was born in 1462. I focused on the fact that Prince Inseongdaegun's Taesil was in Seosamneung Taesil instead of King Danjong's Taesil. When Yiwangjik stored King Danjong's Taesil in Seoul in 1928 and moved it to Seosamneung in 1930, he found that the epitaph on the tombstone recorded that it was Prince Inseongdaegun, not King Danjong, and created Prince Inseongdaegun's Taesil in Seosamneung. I referred to "Taebong", which was created when Seosamneung Taesil was built during the Japanese imperial rule over Joseon, and the relics found in Taesil in Sacheon and Seosamneung.

• Korean Journal of Heritage: History & Science
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• v.52 no.3
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• pp.112-129
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• 2019

This study investigates the influence and implications of the supervised process of production of flower vessels (花器) in 1411. The type, the production method, and the purpose of flower vessels (花器) were determined based on the workshops appearing in King Sejong-Sillok, Chiriji ("世宗實錄" "地理志") and Gyeongsang-do Chiriji ("慶尙道地理志"), considering articles excavated from Sangju kiln sites. In addition, the implications and the starting point of production of flower vessels (花器) in the Joseon Dynasty were identified. During the Joseon Dynasty, an effort was made to reorganize the government offices, to align ritual systems in the early 15th century. Preparation for rituals, preparation of supplemental utensils used in ancestral rites (祭器), the construction of architecture related to the Royal Family, and the production of weaponry (武器) were supervised. In 1411, flower vessels (花器) had a preferred supervised process of production as well, which means being recognized as a subject of maintenance for the Joseon Dynasty's aims. Flower vessels (花器) had been produced using grayish-blue powdered celadon (粉靑沙器) as flower pots (花盆), and as celadon flower pot-support (花臺), at Sangju kiln sites in particular, since 1411. Interestingly, products had been manufactured in royal kilns as well as in a few other kilns similar to the supervised process of production of flower vessels (花器) in the middle of the 15th century. It means that this effected the Gyeon-yang (見樣) supervised process of flower vessel (花器) production in 1411. At that time, the Joseon Dynasty used Gyeon-yang (見樣) for imperial gifts for the Ming Dynasty and on separate manufactured articles to ensure the standards of production. Gyeon-yang (見樣) affected the production of ceramic utensils used in ancestral rites (祭器), and government officials in Saongwon (司饔院) supervised the production of ceramics for the Royal Family year after year. In sum, it was flower vessels (花器) using Gyeon-yang (見樣) that provided precise production rules to supervise the process of production in 1411.

• Korean Journal of Heritage: History & Science
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• v.47 no.4
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• pp.210-223
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• 2014

When sarira reliquary was found in stone pagoda of Mireuksa Temple, there were 494 gold artifacts, including inner gold pot, gold plate with inscription for Sarira enshrinement, etc. Most of gold artifacts were crafted, but there were 22 gold plates and 4 gold ingots, which did not have any specific shape. It was considered that they had not been crafted. Since gold exists as a metal rather than a metallic oxide in nature, in general, it can be crafted by melting and shaping. However, gold in nature has impurities so it has to be refined to have malleability. The characteristic features were identified through the analysis of gold artifacts from sarira reliquary found in stone pagoda of Mireuksa Temple. The analysis result showed that there were 3 types of gold; pure gold artifacts, artifacts produced with silver containing gold and natural gold ingots. Inner gold pot, gold earrings and gold small beads were produced with pure gold and they contained less than 1wt.% of copper. It seemed like they were produced as pure gold to be shaped by hammering. Gold plate with inscription, tweezers, gold earrings, ingots, etc. were produced with silver containing gold as they had to be more solid. Gold ingots seemed to be natural gold considering the distribution of silver and copper in them, but it cannot be concluded as there are not enough information on gold ingots in Korea. The comprehensive research on gold ingots from various regions in Korea has to be carried out to confirm the above. Sarira Reliquary showed the very sophisticated gold craftsmanship. Gold ingots with the inscriptions, which say 1 nyang, were approximately 14g. Considering the weight of these ingots as standard, weights of other ingots were half nyang(7g), 2 nyang(28g), etc.

• The Journal of the Convergence on Culture Technology
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• v.7 no.1
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• pp.175-183
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• 2021

Gongjae Yoon DuSeo(1668~1715), from Haenam in the late Joseon Dynasty, is a scholar-born painter who was active during King Sukjong. He is the person who created the foundation as a pioneer of realist paintings in the late Joseon period during the transition from the middle to the latter period. He was born in Namin's prestigious family, but he ended his career as part of a partisan fight and immersed himself in painting and learning. 18C, the beginning of the late Joseon Dynasty, was a period when Silhak emerged and the Jinkyung era opened with awareness of nationalism. At this time, by incorporating the Silhak thought into the art world, the real reformed aesthetic consciousness was demonstrated to pioneer common people's customs, the application of Western painting methods, the pursuit of realist techniques, and the introduction of Namjongmuninhwa. His view of painting, who thoroughly learned the old things and pursued change, must have both the form and spirit that he can achieve 'HwaDo' only when it has the science of 'learning and knowledge' and the technical elements of 'practice and quality' emphasized. He has worked in a variety of reconciliations. In particular, portrait paintings are characterized by ihyeongsasin's realistic expressions of aesthetics. His masterpiece, 「Self-portrait」, excels in extreme-realistic depiction and innovation in composition, and stands out with an unconventional experimentation spirit that expresses his mind and thoughts in a painting with a sense of resentment. His landscape paintings combine to express the form as it is and mental notions, and beautifully embodied Do as a form, thus achieving ihyeongmido, which reached the level of'joyfulness forgotten even the heart of joy'. On the other hand, the generalization of the common people using various common people's lives as the subject of an open-mindedness aimed at gaining the facts of ihyeongsajin, a passive protest against corrupt power and an expression of a spirit of love. Since then, his painting style has been passed down from generation to generation to his eldest son Yoon Deok-hee and his grandson Yoon Yong, leading the change and revival of calligraphy art in the late Joseon Dynasty.

• The Journal of Korean Philosophical History
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• no.56
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• pp.47-80
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• 2018

The traditional laws of Korea have undergone various stages of development over time. This includes the voluntary standards of the clean society. Korea's traditional legal systems, ranging from those of the Goryeo(高麗) to those of the Republic of Korea, have taken Confucian Phiosophy as their major ideological bases. At the center of these Confucian ideals, particularly in regards to pre-Qin Confucian Philosophy(先秦儒家思想) from where these ideals originated, lie the core ideals which emphasize the responsibility of each individual regardless of the social status(正名), the needs for a democracy in which people are empower and guide the state(民本), the importance of reigning with benevolence, moral excellence, and rite (仁義), and the differential love centered on kinship and humanity(親親愛人). These were the ideas as set forth by Confucius(孔子), Mencius(孟子) and Xun Zi(荀子). The current laws of Korea, especially in regards to the Constitution and the Civil and Criminal Laws, include a number of provisions that contain the Confucian Ideas of Law. The Constitution, in particular, which is also supported by the judgement of the Constitution Court, reflects several core Confucian ideals including filial duty (孝) and respect for ascendants and the traditional culture. The Court also suggested the two important standards of the constitutional legitimacy of the Traditional Culture. One is 'Age Compatibility (時代 適合性)', the other is 'Manifested Universally Validity(現在的 普遍妥當性)'. So we have burdened with the reestablishment of the Universal Ethics of the Confucian Ideology.

• (The)Study of the Eastern Classic
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• no.49
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• pp.161-185
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• 2012

This thesis reorganized the life of Mrs. Yun who was a noble woman in the middle of the Joseon period with main material of Seopo, Kim, Man Joong(1637-1692)'s "Seonbijungkyungbuinhaengjang(先?貞敬夫人行狀)" and considered yeosa(女師)'s image of noble woman embodied by her son. Although women who were remarkable in premodern period nurtured their son well and they became excellent, it's easy that the life of their mother can be hidden by sons' shadow. Luckily, materials of Mrs. Yun were kept by her descendants, so people could analogize how she could endure difficulties and how she educate her children. In a word, the life of Mrs. Yun can be yeosa(女師)'s life. She was born as a only daughter of the best ancestry in the period and grown to be a considerable woman with strong will and discipline under the strict training of her grandmother, Junghye Ongju. And then, she married Gwangsan Kimmun, the best literature house of Joseon period, but her husband, Kim, Ik Kyum was died by unexampled difficulty, Byungjahoran. During the tribulation, Mrs. Yun was in charge of not only parents supporting but also two sons' education excellently. She educated not only her children but also grandchildren and nephews around her, so she had extraordinary passion and sincerity for the education. As the result, she enjoyed a glory that two sons and grandchildren became on daejehak. Mrs. Yun was living with thrift and saving continuously regardless of her circumstances. When her granddaughter became inkyungwanghoo who is a wife of sookjong, she didn't kick her common habit and trained strictly the mind of family members who could be easily in disorder. In spite of the richness, he obeyed manners and showed thrift and saving continuously and thoroughly. When there was a crisis in her family, the first son, Kim, Man Ki was died and the second son, Kim, Man Joong and grandson went into exile during the continuous political upheaval. But, she supported her house, obeyed the rules and promised the future. At that time, she continuously encouraged grandchildren and the eldest grandsons of the head family to study without any stop for themselves in spite of the difficulties. Mrs. Yun pursued truly valuable life. She considered that the life which didn't get praised by other people wasn't valid although he or she lived a pleasant life in luck and richness. Mrs. Yun was a true teacher yeosa (女師) who placed a true value on the life enduring hardship and poorness without fear and becoming an example of other people.

• (The)Study of the Eastern Classic
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• no.34
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• pp.167-206
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• 2009

This paper discovers and introduces the collection of letters, "A Collector of Correspondence from Chinese Intellectuals (中朝學士書翰錄)" which was made by Kim Youngjak(1802~1868) who had collected the letters from Chinese intellectuals. "A Collector of Correspondence from Chinese Intellectuals (中朝學士書翰錄)" is a collector which contains handwritten letters to Kim Youngjak from Chinese people such as cheng gong shou(程恭壽), weng xue han(翁學涵), zhang bing yan(張丙炎), shao yan han(少言翰), and li wen yuan(李文源). Kim Youngjak had frequent meetings with Chinese intellectuals not only directly but also indirectly. He had exchanged letters with li bo heng(李伯衡), shuai fang wei(帥方蔚) for 30 years. In 1858, he went to Beijing and met Chinese intellectuals ye ming li(葉名澧), zhang bing yan(張丙炎), wu kun tian(吳昆田), cheng gong shou(程恭壽), and zhao guang(趙光). After coming back to Chos?n, he continued to exchange letters with them. "A Collector of Correspondence from Chinese Intellectuals (中朝學士書翰錄)" contains autograph letters by Kim Youngjak and Chinese intellectuals. It has ten letters for Kim Youngjak written by cheng gong shou(程恭壽), weng xue han(翁學涵), zhang bing yan(張丙炎), shao yan han(少言翰) and so on. One letter and five poems which zhao ting huang(趙廷璜) wrote to the son of Kim are also contained. The letters by zhao ting huang(趙廷璜) shows a sincere friendship with Kim Youngjak. The relationship between li bo heng(李伯衡) (who had exchanged letters with Kim for 30 years) and his son li wen yuan(李文源) proves that the cultural interchange between Korea and China had lasted successively. Kim Youngjak has not been widely known in academic circles yet but should not be ignored for the study in the cultural interchange between Korea and China. He proposed to have a relationship with li bo heng(李伯衡) and shuai fang wei(帥方蔚) first and they sent back positively. Therefore, they had a literal and private relationship by only exchanging letters each other. Also considering the fact that Kim Youngjak, as a man of high birth, had a close relationship with Chinese intelletuals, we can notice that Chinese and Korean intellectuals had open minds based on sincerity and trust. This was possible because many intellectuals before him like Hong Daeyong made a basis of the tradition of companionship. At this point, the relationship between Kim Youngjak and Chinese intellectuals and "A Collector of Correspondence from Chinese Intellectuals (中朝學士書翰錄)" have an important value. The collections of Kim Youngjak's works contain only several letters and poems which he sent to Chinese intellectuals. Accordingly, the letters in "A Collector of Correspondence from Chinese Intellectuals (中朝學士書翰錄)" are important to understand the aspects of their interchange.