• Journal of Korean Philosophical Society
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• v.147
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• pp.333-356
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• 2018

Shang Yang was a person who, as a representative of the former School of Law, not only had an effect of thought on Han Fei Tzu, but also put a cornerstone of Qin Shi Huang's great universal unification by placing small and weak Qin Dynasty in a border area in the rank of a newly rising powerful nation. He is especially regarded as a person who valued laws and established the theoretical framework of legalist thought of School of Law systematically. To begin with, this writing examines the contents of the enforcement of legal reforms relevant to the prerequisite of Shang Yang's legal thought in historical archives, and confirms that Shang Yang succeeded in accomplishing legal reforms twice and that the aim of the legal reforms was to realize national prosperity and military power for the universal unification. This writing also takes notice of the fact that Shang Yang's legal thought went through specific steps for unifying the legal authority and the power of the monarch. Especially this writing focuses on applying the three-step theory of norms that was presented in the western social and political norm theory to Shang Yang's legal thought and on examining the characteristic and meaning explicitly. In short, the social and political norms go through emergence, cascade, and internalization. This writing aims to confirm that Shang Yang's legal thought also went through these three steps and was specified. Specifying this critical mind, this writing is a result which discusses that Shang Yang's legal thought went though the steps of the selective prescriptivism of emergence, the monarchical absolutism through sever punishment, and the internal monarchism for national prosperity and military power, and that the thought was systemized. Finding that the contents of Shang Yang's legal thought correspond to the three-step theory of norms and produce the individual meaning is the independent characteristic of this writing. It is the aim of this writing that the system and meaning of Shang Yang's legal thought will be confirmed more explicitly through this contextual examination.

• (The)Study of the Eastern Classic
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• no.32
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• pp.279-310
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• 2008

In this research, the writer investigated the thought in realism and view on education appeared in the text, GUANZI("管子") roughly. The thoughts and contemplation in GUANZI mostly contain practical issues of politics, law and economy, as well as military policy and also get involved in the education pursuing an organic relationship therewith. In GUANZI, the rule of law and morality were applied to the politics in a harmonious fashion. Although the text upheld agrarian-oriented policy in connection with nation's economy, it, however, succeeded to secure the national wealth by having implemented the polices concerned with industry and commerce in an appropriate manner. In addition, he established strong military organization through political stability and by securing economic strength. In short, this is the policy in order to pursue 'a rich nation with a strong military.' Under such situation, education made a positive contribution to meet the realistic needs in order for reinforcement of politics, economy, and military. In the level of moral education that will set right the decorum and proprieties of the people, and their loyalty and integrity, vocational training that enabled the four divisions of society, that is, the official class, farmers, artisans and merchants, to carry out their given jobs successfully was highly valued in GUANZI. These are substantial efforts in order to establish the order of community by means of putting emphasis on people's morality and loyalty, and also to create the public weal through reinforcement of producing activities of each class of society. After all, the realistic thought and view on education appeared in GUANZI can be understood as an expression of strong will to accomplish national prosperity and military strength in order to overcome disturbing situations in the society in those days.

• Journal of Korean Philosophical Society
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• v.131
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• pp.33-48
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• 2014

is Plato's last great philosophical work. 'Nocturnal Council' is located in the end of this work. Many scholars interpret 'Nocturnal Council' into opposite directions. According to one interpretation, this Council is a kind of an addition to supplement the philosophical elements. So this is Plato's 'after-thought'. But another interpretation is that 'Nocturnal Council' is a climax in Plato's political thought. Plato didn't abandon the theory of Idea in . In this respect, we find a coherence between and . Finally, a vague position of 'Nocturnal Council' in remains an opposite interpretations each other.

• Journal of Korean Philosophical Society
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• v.148
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• pp.1-27
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• 2018

The 10th constitution established in 1987 serves as the theoretical foundation of democracy in South Korea in the 21st century. Respect for human rights, resistance to injustice, and equality consciousness inherent in this constitution do not conflict with the content of Confucian philosophy. This means that the spirit of the constitution of South Korea in the 21st century was formed under the influence of the idea of democracy and Confucian philosophy. However, the 10th constitution attaches importance to the idea of the 'Basic free and democratic order', which was accepted in the Yushin constitution and inherited by the military forces. The Yushin constitution was affected by liberalism that prioritizes freedom over equality rather than supporting the compatibility between freedom and equality. Therefore, policies to expand the interests of the bourgeoisie rather than public welfare or the interests of the public have been implemented frequently. In particular, during the Lee Myeong-bak and Park Geun-hye regimes, many unequal phenomena were mass-produced. Confucian philosophy in the 21st century critically sees this unequal society. Confucian philosophy thinks that a sense of relative deprivation plays a role of alienating humans and emphasizes the importance of equal relationships. In addition, this constitution emphasizes the rule of law. However, the rule of law attaches importance to positive laws when the spirit of the constitution that contains natural law is applied to reality through systems. This rejects autonomous judgments and choices while inducing reliance on heteronomy. These heteronomous laws as such are accompanied by forcibleness. The positive laws as such can degrade humans into passive beings that indiscriminately adapt themselves to frames already set instead of active beings that think freely and creatively. Confucian philosophy regards and criticizes the rule of law as a system that makes humans into a means. Confucian philosophy regards humans as moral beings instead of tools. Confucian philosophy seeks to build a healthy society through morality accomplished through conscious realization of the principles of life. Confucian philosophy regards humans as originally free beings. Therefore, human beings are autonomous beings, not heteronomous beings. According to Confucian philosophy, humans beings that can realize the morality contained in their inner side by themselves to responsibly carry out their own judgments and choices. Therefore, Confucian philosophy, which considers human beings as beings to be trusted instead of beings to be distrusted, attaches importance to the realization of human decency through edification rather than by punishment through the law. This means that human values cannot be kept by the heteronomy termed positive laws but the identity of humans can be maintained by voluntary choices and judgments. As such, the comment of Confucian philosophy on the problems of liberal democracy and positive laws contained in the 10th constitution can be helpful in essentially solving the contradictions of modern South Korean society.

• The Journal of Korean Philosophical History
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• no.31
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• pp.263-287
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• 2011

Li-Gu was a Confucianist who criticized traditional 'attend to Righteousness and neglect Profit' idea and insisted that people affirmed 'Proprietiy' and 'Interest', which accorded with human nature and desire. He said that 'Proprieties' was made by adjusting one's material life and natural desire. Therefore, if we want 'Propriety' is manifested itself, we must affirm and satisfy the material life and natural desire first. He asserted that if we didn't follow this, the people's life would be devastated and the nation would face a big crisis. Li-Gu's thought not only gave Wang An Suk's Reformation a theoretical basics, but also attached the new and reformist meanings to 'Propriety', which had been changing meaningless and abstract, by criticizing Songming Confucian School and put great stress on uniting the inside and outside. In this article, through examining Li-Gu's the idea of Righteousness and Profit, King and Ruler, Inside and Outside, we can consider what the real 'Propriety' is and what kind of practical meaning 'Propriety' has.

• Journal of Service Research and Studies
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• v.11 no.4
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• pp.1-20
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• 2021

This study was conducted to derive a model of the legal system that is the basis for realizing the service economy, political administration, and social education system. Based on the experience of mankind's legal system operation in the historical era for the past 5,000 years, a legal system model that will make the future human society sustainable has been established. The problems of the current legal system were analyzed at the fundamental level. The root cause of injustice and unfairness was analyzed and a new legal system was designed. Through the legal systems of various national societies that have been attempted in the history of mankind, the structure of the legal system that is desirable for the modern society was designed. Human society, which has experienced how much good legal system has been and is being abused by human irrationality and nonsense, needs to make an effort to change the legal system paradigm itself by learning lessons from failure. This study derives the basis for a legal system that can realize justice and a fair society in the long term. It proposed a model for improving the legal system that allows human society to be happy for a long time. To this end, the fundamental role of the legal system was analyzed at the ideological level and the problems of the current legal system were presented. In addition, the problem of fundamental assumptions about human nature was analyzed and improved assumptions were presented. The structural system of the current legal system was analyzed and a new structure was proposed. In addition, a plan for the operation of a new legal system based on a new structure was suggested. The new legal system was named servicism system. This is because it is a model centered on thorough checks and balances between all opponents, not a simple linear one-dimensional legal system, but a multidimensional legal system, and because it is a viewpoint that clearly recognizes both human reason and desire. The new system is a model that reflects the confrontation between the rule of law and the non-law rule and the confrontation between the power people and the general public. A follow-up study is needed on a concrete plan for transitioning from the current legal system to a new legal system.

• Journal of Legislation Research
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• no.44
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• pp.103-153
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• 2013

This article aims at the legislation of User-Protection Act in area of ICT. In these days telecommunication and broadcasting are getting more and more convergent. The paradigm of ICT is turning over from the service provider to the end-user. User protection has been in each erea of ICT (C-P-N-D) individually regulated. In the area of telecommunication it is important to protect the interest of user, who stands in contract with the service provider. And in area of broadcasting it is important to protect the interest of viewers, who stands "gratis" with the broadcasters without any contracts. For the more efficient user-protection it is also necessary to make a dedicated organization under KCC(Korean Communications Committee). In this early year the government organization was divided into MSIP(Ministry of Science, ICT and future planing) and KCC. The user-protection act will be very important instrument of ICT regulation in the era of creative economy. It is necessary to establish a new frame act of user protection. It is also necessary to make start to establish a new system of user education in erea of ICT. It is strongly expected the new act will be a turning point of ICT development in Korea.