• (The) Research of the performance art and culture
• /
• no.38
• /
• pp.349-383
• /
• 2019

This discussion is focused on Donghaeanbyulsingut's 'gutchum-pan to pray'. 'Gutchum-pan to pray' is repeated in almost all of the geori in Byulsingut, so it is a crucial chum-pan that can never be disregarded in understanding Byulsingutchum. Meanwhile, it supposes that Donghaeanbyulsingut is grounded on the activity of producing 'praying (words) and dance (motions)' within its relationship with the structure of capitalistic society along with the context of traditional rituals. The motion that is newly generated as a response to the concrete expression of 'praying' conducted by a mudang (a shaman), that is, the expression coming from the inside associated with the praying is seen as gutchum. This dance is bound to be in competition and interest among shaman groups, and they tend to influence one another. If praying leads to dance, a mudang can gain profits from capital as well as the value of labor. When the mudang succeeds in forming a bigger bond of sympathy with her praying, the object of praying gets more eager to select byulbi and dances a heoteunchum (impromptu dance) more vigorously. This means that a mudang's ability to perform a ritual is associated with the object of praying's consumption. With his impromptu motions, the object of praying comes to go into 'the field of consumption' within the structure of capitalistic competition before he is aware of it. Behind the communication that praying leads to dance, a lot of things are associated with one another organically. 'Gutchum-pan to pray' is generated by the continuous movement of diversity and unity that the time has within the ritual of the mudang and the object of praying. It continues to create the future 'self' that is different from the present 'self', and it means that he expects variability from the present 'self' through 'gutchum-pan to pray'. The mudang also prays for him arranging the variability of the other (the object of praying) inside her labor. In a big picture, of course, the mudang expects the variability of herself, too, which is connected to the value of her labor. The variability that they expect forms a crucial axis that determines where the flow of time and space that the 'gutchum-pan to pray' has is directed to. The contents of praying are directly related with the villagers' lives, and what leads to dance is mostly related with their jobs. This implies that what the mudang experiences in her everyday consuming activity is directly associated with the villagers' activity for earning money. In other words, the contents of that praying change constantly according to the flow of capitalistic economy. Also, those striving to respond to it before anyone else also expect better life for them by substituting their self to the 'gutchum-pan to pray' eagerly. If so, who are the ones that generate 'gutchum-pan to pray'? This can be understood through relationship among mudangs, relationship between the mudang and villagers, and also relationship among villagers. Their relationships can never be free from the concepts like labor in capitalistic society, consumption and expenditure, or time; therefore, they come to compete with the other, the present self, or the better self within the diverse relationships. This gets to be expressed in any ways, words or motions. And the range that covers the creation of either group or individual 'gutchum-pan to pray' in the village is the village community. Outside the range, it is upsized to the competition of the village unit, so individual praying may become diminished more easily. Although mudangs pray in each geori, it does not mean all praying leads to dance. Within various relationships between mudangs and villagers, 'gutchum-pan to pray' comes to be generated, repeated, and extinct. As it is mitigated to more positive competition, it does not lead to gutchum any longer. In other words, repeating 'gutchum-pan to pray' previously created has turned the object of praying into the state different from the former. Also, the two groups both have experienced the last step of Byulsingut, and at that point, praying does no longer lead to dance. In other words, from the position of the shaman group, it is the finish of their labor time and ritual performance, and from the perspective of the villagers, it means the finish of consuming activity and participation in a ritual. The characteristics of 'gutchum-pan to pray' can be summarized as follows. First, it goes through the following process: competition in the village group → competition in the group → competition among individuals. Second, repeated praying does not lead to 'gutchum'. Third, in the cases of praying for each of the occupation groups, the mudang can induce a bond of sympathy from the objects of praying directly, and this lead to dance. Fourth, the group that fails in being included in the category of praying gets to be alienated from 'gutchum-pan to pray' repeatedly.

• The Korean Journal of Air & Space Law and Policy
• /
• v.23 no.2
• /
• pp.31-66
• /
• 2008

Until Montreal Convention was established in 1999, the Warsaw System is undoubtedly accepted private international air law treaty and has played major role on the carrier's liability in international aviation transport industry. But the whole Warsaw System, though it was revised many times to meet the rapid developments of the aviation transport industry, is so complicated, tangled and outdated. This thesis, therefore, aim to introduce the Montreal Convention by interpreting it as a new legal instrument on the air carrier's liability, specially on the passenger's, and analyzing all the issues relating to it. The Montreal Convention markedly changed the rules governing international carriage by air. The Montreal Convention has modernized and consolidated the old Warsaw System of international instruments of private international air law into one legal instrument. One of the most significant features of the Montreal Convention is that it sifted its priority to the protection of the interest of the consumers from the protection of the carrier which originally the Warsaw Convention intended to protect the fledgling international air transport business. Two major features of the Montreal Convention adopts are the Two-tier Liability System and the Fifth Jurisdiction. In case of death or bodily injury to passengers, the Montreal Convention introduces a two-tier liability system. The first tier includes strict liability up to 100,000SDR, irrespective of carriers' fault. The second tier is based on presumption of fault of carrier and has no limit of liability. Regarding Jurisdiction, the Montreal Convention expands upon the four jurisdiction in which the carrier could be sued by adding a fifth jurisdiction, i.e., a passenger can bring suit in a country in which he or she has their permanent and principal residence and in which the carrier provides a services for the carriage of passengers by either its own aircraft or through a commercial agreement. Other features are introducing the advance payment, electronic ticketing, compulsory insurance and regulation on the contracting and actual carrier etc. As we see some major features of the Montreal Convention, the Convention heralds the single biggest change in the international aviation liability and there can be no doubt it will prevail the international aviation transport world in the future. Our government signed this Convention on 20th Sep. 2007 and it came into effect on 29th Dec. 2007 domestically. Thus, it was recognized that domestic carriers can adequately and independently manage the change of risks of liability. I, therefore, would like to suggest our country's aviation industry including newly-born low cost carrier prepare some countermeasures domestically that are necessary to the enforcement of the Convention.

• Journal of Intelligence and Information Systems
• /
• v.22 no.4
• /
• pp.19-43
• /
• 2016

This study examines the causes of the Asian exchange rate crisis and compares it to the European Monetary System crisis. In 1997, emerging countries in Asia experienced financial crises. Previously in 1992, currencies in the European Monetary System had undergone the same experience. This was followed by Mexico in 1994. The objective of this paper lies in the generation of useful insights from these crises. This research presents a comparison of South Korea, United Kingdom and Mexico, and then compares three different models for prediction. Previous studies of economic crisis focused largely on the manual construction of causal models using linear techniques. However, the weakness of such models stems from the prevalence of nonlinear factors in reality. This paper uses a structural equation model to analyze the causes, followed by a neural network model to circumvent the linear model's weaknesses. The models are examined in the context of predicting exchange rates In this paper, data were quarterly ones, and Consumer Price Index, Gross Domestic Product, Interest Rate, Stock Index, Current Account, Foreign Reserves were independent variables for the prediction. However, time periods of each country's data are different. Lisrel is an emerging method and as such requires a fresh approach to financial crisis prediction model design, along with the flexibility to accommodate unexpected change. This paper indicates the neural network model has the greater prediction performance in Korea, Mexico, and United Kingdom. However, in Korea, the multiple regression shows the better performance. In Mexico, the multiple regression is almost indifferent to the Lisrel. Although Lisrel doesn't show the significant performance, the refined model is expected to show the better result. The structural model in this paper should contain the psychological factor and other invisible areas in the future work. The reason of the low hit ratio is that the alternative model in this paper uses only the financial market data. Thus, we cannot consider the other important part. Korea's hit ratio is lower than that of United Kingdom. So, there must be the other construct that affects the financial market. So does Mexico. However, the United Kingdom's financial market is more influenced and explained by the financial factors than Korea and Mexico.

• The Korean Journal of Air & Space Law and Policy
• /
• v.34 no.1
• /
• pp.3-38
• /
• 2019

In 1984, Congress enacted a new measure of administrative sanctions which is a civil money penalty program for violations of Aviation Act and its implementing regulations. This civil money penalty system has been in operations in lieu of suspending or revoking certificates issued by Korean government, Ministry of Land, Infrastructure, and Transport. According to the rules of Aviation Business Act or Aviation Safety Act, where the Minister of Land, Infrastructure and Transport should order an air carrier to suspend operation because of her violation under certain rules, in which case the suspension of operation is likely to cause serious inconvenience to consumers of air transport services or to harm public interest, the Minister of the department may impose an administrative monetary penalty in lieu of the suspension of operation. In this regard, airline related civil money penalties are somewhat different from those of fair trade, which is the origin of the money penalties system in Korea. Civil money penalties in the field of fair trade are imposed on executive duty violations that undermine the value of the market economy order, and focus on reimbursement of profits due to violations and compensation for unfair spending by consumers. However, in the aviation sector, breach of duty by a business operator does not simply cause the property loss of the public, but it has a direct impact on life or property of the public. In this respect, aviation penalties are more likely to be administrative sanctions or punitive measures than refunds of unfair benefits, compared to penalties in the field of fair trade. In general, civil money penalties have been highly preferred as administrative sanctions because they are subject to investigations by administrative experts and thus, efficiency can be ensured and execution is quicker than judicial procedures. Moreover, in Korea, because punitive civil damages cannot awarded by the courts, the imposition of civil money penalties is recognized as a means of realizing social justice by recognizing the legal feelings of the people. However, civil money penalties are administrative sanctions, and in terms of effectiveness, they are similar to criminal fines, which are a form of punishment. Inadequate legislation and operation of penalties imposition may cause damage to the value of Constitution. Under the above recognition, this paper has been described for the purpose of identifying the present status of the civil money penalties imposition system and operating status in the area of air transport under the laws and regulations in Korea. Especially, this paper was focused on exploring the problem and improvement direction of Korean system through the comparative study with foreign laws and regulations.

• The Korean Society of Law and Medicine
• /
• v.24 no.1
• /
• pp.3-42
• /
• 2023

The Supreme Court en banc decision on December 12, 2022 (docket number 2016Do21314) ruled that the diagnosis of endometrial hyperplasia by an oriental medical doctor using a diagnostic ultrasound device was not an unlicensed medical practice for an oriental medical doctor, which shall be scrutinized by the article 27 (1) of the Korean Medical Service Act. This ruling did not determine that a specific medical practice, especially diagnosis, based on the radiology, which is a part of western medicine, was not an unlicensed medical practice for an oriental medical doctor. Rather, it intended to clarify that the prosecutor should specify and prove the way of diagnosis and he should not prosecute mere the use of a diagnostic ultrasound device itself. To that extent, the ruling is agreeable because, as the oriental medicine community has argued, there is no regulation prohibiting the use of certain devices. It is probable, however, that the way of diagnosis established in radiology, which is a part of western medicine, was actually used in the case. In that case, there is undeniably an unlicensed medical practice for an oriental medical doctor. While many of the cases where the demarcation between (western) medicine and oriental medicine have been problematized thus far have been experimental treatment in nature, the above practice of using ultrasound appears to be frequently done in many oriental clinics, and so it is necessary to cope with the possibility of a disguised unlicensed medical practice. Another problem is the prevention of unfair practice or the protection of medical consumers. In fact, many oriental medical clinics' practice appear to have a tendency of inducing medical consumers' misunderstanding that a diagnosis based on radiology, which is a part of western medicine, were provided. It is hard to respond to this problem with demarcation between (western) medicine and oriental medicine. A new regulation against unfair practice might be necessary to implement.