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A Critical Review and Legislative Direction for Criminal Constitution of Piracy (해적행위의 범죄구성요건에 대한 비판적 고찰과 입법 방향)

  • Baeg, Sang-Jin
    • 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.

Traditional Music Reflected in the Shaman Documentary Films - Focusing of and - (무당 다큐멘터리 영화에 투사된 전통음악 - <사이에서>와 <땡큐 마스터 킴>을 중심으로 -)

  • Lee, Yong-Shik
    • (The) Research of the performance art and culture
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    • no.34
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    • pp.111-131
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    • 2017
  • Korean Shamanism has long been regarded as the peripheral cult or supersition by the majoriy of the society. This fact is a result by the influence of the mass media, especially the motion pictures, which intentionally reflected the negative images of the Shamanism. The documentary films, which stress the objectivity and the reality, rather disclose the neutral position toward the Shamanism. In fact, the directors of the documentary films who have more or less close relationship with the Shamanism have tried to exhibit the mental world and the traditionality of the Shamanism. In this paper, I will explore the value of Shamanism reflected in the documentary films. I focus of two films; directed by the Korean and directed by a foreigner. In this way, I can compare the attitudes of the two directors toward the Korean Shamanism. The director of confessed that he was attracted by the aspect of a musical underlied in the shaman ritual. However, the film does not show the artistic beauty of the shaman music because the director failed to understand the essential aspect of the shaman ritual, that is, the music. In this way, the director failed to show the distinct characteristics of the shamanism to the audience. The director of , a music herself, was focused on the music of the shamanism. The story flows to the adventure to seek a "master" with a long journey to enjoy diverse genres of Korean performing arts. This story resembles the epic shaman song, the Princess Bari. In this way, the audience can easily grasp the beauty of Korean culture. Music is said to be a universal language and, at the same time, a non-universal language which reflects a special trait of a cultural community. The Korean shaman ritual music is a non-universal language that is an accumulation of the Korean culture for a long time. The Korean director fails to exhibit the essential characteristics of the Shamanism since he does not have enough knowledge toward the shaman ritual music in . However, the foreign director, who is a music herself, successively disclose the underlying beauty of Korean shaman ritual music and Korean traditional culture in .

The Character of Confucianism, Buddhism and Taoism and Intermixture of Three Religions in Journey to the West (『서유기』에 나타난 유불도의 특징과 삼교회통론)

  • Kim, Kyeong-soo
    • (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.

A Study on the Caligraphy as a modern concept of art (근대적 예술 개념으로서의 서예에 관한 연구)

  • Kim, Hee Jeong
    • (The)Study of the Eastern Classic
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    • no.50
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    • pp.295-318
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    • 2013
  • The purpose of this study was to define the 'caligraphy as a modern concept of art. For this purpose, it was necessary to exclude the elements betraying 'the caligraphy as a pure art' in reference to 'autonomy' as an indicator of modernity in order to reflect on the current topology of the caligraphy in our age. Checking the current conditions facing the caligraphy from the pre-modern, modern and post-modern perspectives will clarify the current topology of the caligraphy and further exploring 'the caligraphy as a post-modern art concept. To this end, this study defines the caligraphy 'as a pure formative art' and thereby discusses it in terms of nature and form. In terms of nature, the caligraphy should be subsumed into a spacial art, but it has a nature of a temporal art created and appreciated over time. Hence, among the spacial arts, the painting is most similar to the caligraphy, while among the temporal arts, the caligraphy is most similar to such rhythmic (of high mobility) or performing arts as music and dance. Merely, the painting does not reveal the flow of time on the canvas, while music and dance leave no residual in terms of audibility and visuality. All in all, the caligraphy is sort of 'temporal-spacial art' like dance in that the visible letters express the artist's sense of life on the plane over time like music. In terms of form, this study compares the caligraphy with engraving, wood print and character design to define the caligraphy as a pure art concept. The caligraphy as a modern art concept, namely, the autonomy of the caligraphy is associated with legibility and meaning in addition to the question whether it is an applied or a pure art. The legibility and meaning of the characters are not only the essential elements of the caligraphy but also are the factors limiting its autonomy, which must be a paradox. All in all, the legibility and meaning of the characters must be the key criteria for determining the caligraphy as a practical art or literary art or as a pure figurative art. In this context, this study discusses the caligraphy as a pure art by comparing it with the spatial art 'painting' and the temporal art 'music.' It might be impossible to define the caligraphy or a genre of art as an autonomous art of self-perfection and categorical identity. Moreover, any attempt to define the caligraphy would fail to interpret the caligraphy appropriately. Merely, we are obliged to position the caligraphy in the process of localizing 'their modernity' and thereby, discuss how to respond to their scheme.

A Study on Gusadang Kim Nakhaeng's Writing for Ancestral Rites - Exploring the source of his appealing (구사당(九思堂) 김낙행(金樂行)의 제문(祭文) 연구(硏究) - 호소력의 근원에 대한 탐색 -)

  • Jeong, Si-youl
    • (The)Study of the Eastern Classic
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    • no.59
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    • pp.93-120
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    • 2015
  • The purpose of this study is to explore the source of appealing which Gusadang Kim Nakhaeng's writing for ancestral rites is equipped with. Gusadang was one of the Confucianists in Yeongnam during the 18th century and was praised for his scholarly virtue of jihaenghapil and silcheongunghaeng. Although Gusadang's writing for ancestral rites and his teacher Milam Lee Jaeui's letters were even specially named as 'gujemilchal', there has been almost no research on Gusadang's writing for ancestral rites yet. Therefore, this study selects three pieces of Gusadang's writing for ancestral rites which are especially rich in emotional expression for discussion. Chapter 2 titled as 'the Reconstruction of Memory in a Microscopic Perspective' presents the reason why Gusadang's writing for ancestral rites is recognized even as a piece of work equipped with appealing. Writing for ancestral rites begins from the point that there exists memory that can be shared by both the living and the dead. In reconstructing the anecdote with the dead on the stage of ritual writing in detail, the writer's memory plays an important role. Chapter 3 titled as 'the Rhetorical Reconstruction of Elevated Sensitivity' examines rhetorical devices needed for writing for ancestral rites. Proper rhetoric is needed to upgrade the dignity of the ritual writing and arouse sympathy from the readers. Although writing for ancestral rites is supposed to express sadness in terms of its formal characteristics, it should not end up being a mere outlet of emotion. Chapter 4 looks into 'the Descriptive Reconstruction of Lamenting Sentiment'. There should be a clear focus of description to make the gesture of the living towards the being not existing in the world any longer an appealing story. While maintaining a distinct way of description, Gusadang organizes the noble character of the dead, pitiable death, the precious bond in the past, and the longing of those left for the dead systematically. Writing for ancestral rites is a field to mourn over the death and reproduce the sadness of the living through writing. To make the text written in that way get to work as ritual writing properly, it should be appealing necessarily. This study has found the fact that such appealing that gives life to ritual writing is grounded on authenticity.

Research on the Soul & Body Thought of 'Dong-Jin Northern & Southern Dynasty' (동진남북조시기(東晉南北朝時期) 형신문제(形神問題)의 초보적(初步的) 탐구(探究))

  • CHO, Won-il
    • The Journal of Korean Philosophical History
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    • no.23
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    • pp.275-294
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    • 2008
  • The specific concern of 'Xing'(形) & 'Shen'(神) theory is considering the body and the soul of human being. If either of the body and the soul including the life of human as of basic items is not existed, it may not seem to be alive. A great number of philosophers during 'Dong-Jin Northern & Southern Dynasty'(東晉南北朝) had the most active and furthest discussion throughout the history of China to study the concerns; Having a question such as "Where the body and the soul come out around us?", "What is the essence of complicated and delicate mental operation?" "Are there any relationships between the body and the soul?" and then "How do the human soul exist after death?" First, during 'Don-Jin' period as body and soul theory was based on 'Yin'(陰) and 'Yang'(陽). 'He Cheng Tian'(何承天) said that everything which was burn on earth should die because the soul couldn't stay the dead body longer. In the same age, 'Ming Fo Run'(明佛論) and 'Da Xing Run'(達性論) which denied that the soul couldn't exist forever were main topics of the discuss among the distinguished philosophers. Next, during 'Northern & Southern dynasty', body and soul theory was divided into two. First of all, body and soul of 'Heng Cun'(恒存) might be harmonized, however, that was not perfectly put together. Because, after human death, even if the body of human might be existed, the soul left elsewhere but always stayed around us. The body was the soul which meant that the soul was to the nature of the body and the body was to the usage of soul. Many philosophers insisted that nobody meant no soul according to 'Shen Bu Mie Run'(神不滅論) and 'Shen Mie Run'(神滅論) which was the main topic as an academic argument in those days. Finally, during Dong-Jin dynasty covered the significance of Body and Soul theory and analyzed the influence into the history of the history philosophy in china.

A case study on monitoring the ambient ammonia concentration in paddy soil using a passive ammonia diffusive sampler (논 토양에서 암모니아 배출 특성 모니터링을 위한 수동식 암모니아 확산형 포집기 이용 사례 연구)

  • Kim, Min-Suk;Park, Minseok;Min, Hyun-Gi;Chae, Eunji;Hyun, Seunghun;Kim, Jeong-Gyu;Koo, Namin
    • Korean Journal of Environmental Biology
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    • v.39 no.1
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    • pp.100-107
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    • 2021
  • Along with an increase in the frequency of high-concentration fine particulate matter in Korea, interest and research on ammonia (NH3) are actively increasing. It is obvious that agriculture has contributed significantly to NH3 emissions. However, studies on the long-term effect of fertilizer use on the ambient NH3 concentration of agricultural land are insufficient. Therefore, in this study, NH3 concentration in the atmosphere of agricultural land was monitored for 11 months using a passive sampler. The average ambient NH3 concentration during the total study period was 2.02 ㎍ m-3 and it was found that the effect of fertilizer application on the ambient NH3 concentration was greatest in the month immediately following fertilizer application (highest ambient NH3 concentration as 11.36㎍ m-3). After that, it was expected that the NH3 volatilization was promoted by increases in summer temperature and the concentration in the atmosphere was expected to increase. However, high NH3 concentrations in the atmosphere were not observed due to strong rainfall that lasted for a long period. After that, the ambient NH3 concentration gradually decreased through autumn and winter. In summary, when studying the contribution of fertilizer to the rate of domestic NH3 emissions, it is necessary to look intensively for at least one month immediately after fertilizer application, and weather information such as precipitation and no-rain days should be considered in the field study.

Brazilin downregulates CCL20 expression via regulation of STAT3 phosphorylation in TNF-α/IL-17A/IFN-γ-induced HaCaT cells (TNF-α/IL-17A/IFN-γ 유도된 HaCaT 세포에서 브라질린의 STAT3 인산화 억제를 통한 CCL20 저해 효과)

  • Kim, Mi Ran;Hwang, Hyung Seo
    • Journal of Applied Biological Chemistry
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    • v.64 no.2
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    • pp.185-192
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    • 2021
  • Psoriasis is a chronic intractable skin disease caused by various inflammatory cytokines such as IL-6, CXCL8, TNF-α, and IFN-γ, as well as IL-17A secreted from Th17 cells and is characterized by hyperkeratosis and chronic inflammation of the epidermis. Brazilin, an active ingredient of Caesalpinia sappan L., is known to exert antioxidant and anti-inflammatory activity, and function in skin barrier improvement. In particular, it was shown as a potential material for treating psoriasis in a tumor necrosis factor (TNF)-α-stimulated HaCaT keratinocyte model. However, the direct regulation of the C-C motif chemokine ligand (CCL) 20, a psoriasis-inducing factor, by brazilin has not been reported. Therefore, in this study, we investigated the suppression of CCL20 and the regulatory mechanism by brazilin using a psoriasis-like model. First, brazilin downregulated CCL20 and CXCL8 in IL-17A-stimulated HaCaT cells in a concentration-dependent manner by inhibiting signal transducer and transcription (STAT)3 phosphorylation. In addition, brazilin significantly inhibited the expression of psoriasis-related genes CXCL8, CCL20, IL-1, IL-6, and TNF-α in TNF-α/IL-17A/IFN-γ-stimulated HaCaT cells. Moreover, brazilin also had a positive effect on improving the skin barrier in TNF-α/IL-17A/IFN-γ-stimulated HaCaT cells. The above results indicated that brazilin ultimately downregulated CCL20 expression by inhibiting STAT3 phosphorylation, and also suppressed the expression of psoriasis-induced cytokines. If the efficacy of brazilin in improving psoriasis is verified through animal models and clinical trials in the future, it may represent a potentially therapeutic substance for psoriasis patients.

Influence of Environmental Characteristics on the Community Structure of Benthic Macroinvertebrates in Stream-type Waterways Constructed at Upper Reaches of Guem River (금강 상류 구간 내 샛강형 수로의 서식환경 특성이 저서성 대형무척추동물 군집 구조에 미치는 영향)

  • Son, Se-Hwan;Choi, Jong-Yun
    • Korean Journal of Ecology and Environment
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    • v.54 no.1
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    • pp.24-38
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    • 2021
  • Microhabitat In the upper stream is created by various environment variables such as the bottom substrate and the physicochemical factors, and may influence the distribution of benthic macroinvertebrates. We investigated the bottom substrate and environmental variables influencing the distribution of benthic macroinvertebrate in 26 stream-type waterways established at upper reaches of Geum River. During study period, total 85 families, 160 species, 9305 individuals of benthic macroinvertebrates were recorded. The stream-type waterways, where the bottom substrates consist mainly of pebble (16~64 mm) and cobble (64~256 mm) or with rapid water velocity (more than 0.2 m/s) and high dissolved oxygen (more than 120%), were supported by high species diversity of benthic macroinvertebrate. Hierological cluster analysis and the nonparametric multidimensional scale (NMDS) divided 26 stream-type waterways into a total of three clusters. In Cluster 1, the invertebrate species, such as Branchiura sowerbyi, Cloeon dipterum, Ischnura asiatica, Paracercion calamorum, and Radix auricularia, closely related to aquatic macrophytes, and Chironomidae spp., Limnodrilus gotoi, and Tanypodinae sp. were abundant in waterways, with high coverage of silt and clay as well as high turbidity and total nitrogen. The benthic macroinvertebrate species (Cheumatopsyche brevilineata, Drunella ishiyamana, Dugesia japonica, Ephemera orientalis, Gumaga KUa, Macrostemum radiatum, Potamanthus formosus, Semisulcospira libertine, Stenelmis vulgaris, and Teloganopsis punctisetae) included in Cluster 2 were dominated in sites with high cover rates of pebble and gravel. Cluster 3 was predominantly covered by the Cobbles, was supported by Simulium sp. Such a clear distinction in the study sites means that each stream-type waterways is governed by a clear habitat environment. In the case of some sites with low species diversity, improvement measures are required to restore nature, such as improving the function of inflows and outflows, creating meandering channel, and inducing the settlement of littoral vegetation.

Characterization of compounds and quantitative analysis of oleuropein in commercial olive leaf extracts (상업용 올리브 잎 추출물의 화합물 특성과 이들의 oleuropein 함량 비교분석)

  • Park, Mi Hyeon;Kim, Doo-Young;Arbianto, Alfan Danny;Kim, Jung-Hee;Lee, Seong Mi;Ryu, Hyung Won;Oh, Sei-Ryang
    • Journal of Applied Biological Chemistry
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    • v.64 no.2
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    • pp.113-119
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    • 2021
  • Olive (Olea europaea L.) leaves, a raw material for health functional foods and cosmetics have abundant polyphenols including oleuropein (major bioactive compound) with various biological activities: antioxidant, antibacterial, antiviral, anticancer activity, and inhibit platelet activation. Oleuropein has been reported as skin protectant, antioxidant, anti-ageing, anti-cancer, anti-inflammation, anti-atherogenic, anti-viral, and anti-microbial activity. Despite oleuropein is the important compound in olive leaves, there is still no quantitative approach to reveal oleuropein content in commercial products. Therefore, a validated method of analysis has to develop for oleuropein. In this study, the components and oleuropein content in 10 types of products were analyzed using a developed method with ultra-performance liquid chromatography to quadrupole time-of-flight mass spectrometry, charge of aerosol detector, and photodiode array. The total of 18 compounds including iridoids (1, 3, 4, 14, and 16-18), coumarin (2), phenylethanoids (5, 9, and 11), flavonoids (6-8, 10, 12, and 13), lignan (15), were tentatively identified in the leaves extract based high resolution mass spectrometry data, and the content of oleuropein in each product was almost identical between two detection methods. The oleuropein in three commercial product (A, G, H) was contained more over the suggested content, and it of five products (B, E, H, I, J) were analyzed within 5-10% error range. However, the two products (C, D) were found far lower than suggested contents. This study provides that analytical results of oleuropein could be a potential information for the quality control of leaf extract for a manufactured functional food.