• (The)Study of the Eastern Classic
• /
• no.35
• /
• pp.415-445
• /
• 2009

A well-known historian, Ahn Jeong-Bok(Sun-Am, 1712~1791) was an expert on the country village community. He was a scholar of the "Nam-In" group, who was excluded from the corridors of power in those days. He kept on the move in various parts of country villages from his childhood. After settling down in Deok-Gok, Kwang-Ju, he stayed in the place devoting himself to the self-culture and the literary works. By his surrounding of environment, he had an academic interest in a concrete science rather than metaphysics and country villages rather than the central city. He considered the country villages as the link holding between a family and a country and had the conception of a confucianist community based on country villages, emphasizing the practice of confucianist virtues in everyday life. First of all, his confucianist community was the community based on country villages. He thought that the enlightenment was a matter of great importance for solving problems in country villages. As a solution to those problems, he suggested Hyang-Yak, the self-governed regulations of country villages. In his own village he made the self-governed rules Dong-Yak. When he was a provincial governer of Mok-Cheon, he put Hyang-Yak, the self-governed regulations of country villages in operation. It aimed for a kind of gentry-centric country village community. But Hyang-Yak was the regulations based on the agreement with each other, stressed the regard on the popular mind and the setting the pace of the gentry, and aimed for the harmony and order in a community through the practice of moral virtues in daily life. On the other hand, he had a conception of a country village's academic community. He thought of the development of educational intuitions as a pressing need of the enlightenment of country village. With young people he read confucianist books with comments in a village school, Seo-Jae. In his seventies, he made and put the self-regulations for academic community, Hak-Yak, in operations. It is considered that Hak-Yak was an example of his idea of academic community and his point of view on learning, which emphasized on the coincidence with reading and practice.

• Journal of Legislation Research
• /
• no.44
• /
• pp.757-799
• /
• 2013

Ever since Korea and Vietnam reestablished diplomatic relations, the two countries'bond has become stronger than ever, augmenting the range of exchange between them in almost every possible field including politics, economy, society, and culture at such a high speed. Among many, an increase in number of Vietnamese immigrant women in international marriage is worthy of close attention. Since 2010, Vietnamese has topped the proportion of total foreign women married to Korean men, having surpassed Chinese. Nonetheless, the quick international marriage between Korean men and Vietnamese women, which usually happens without sufficient time to get to know about different cultures and languages, has not only raised problems for people concerned, but numerous social issues as well. Recognizing these problems, a number of government departments have provided various support on policies and legal issues toprotect multicultural families as a means of social integration and settlement support. Nevertheless, the support policies until now have been generalizing all of the immigrant women in international marriage as people subject to protection. Thus, considering every immigrant women as people in need, and trying to help them with various social issues have caused the government a high cost and low efficiency. This thesis emphasizes the point that through the cases of Vietnamese immigrant women in international marriage, there should be a specific support plan for specific people in need, reflecting various traits of different cultures and societies, in order to ease their settlement in Korea. Moreover, it suggests detailed plans for improvements on legal and institutional problems. Although the Vietnamese government forbids commercial agents for international marriage, many of agencies are still active and to help the immigrant women, who desire to return and resettle in Vietnam in case of divorce, this thesis suggests legal and institutional remedies for Korean and Vietnamese government. The composition of the thesis follows below: Part II on social and cultural traits of international marriage between Korean men and Vietnamese women. Part III on institutional problems and plans for improvements regarding settlement of immigrant women in international marriage. Part IV on legal and institutional problems and plans for improvements regarding divorced immigrant women and their return to Vietnam. Part V on conclusion. Divorce is not a flaw anymore nowadays, but in case of Vietnamese immigrant women ininternational marriage, an inadequate legal system hampers their resettlement process. Cases of not being ableto remove their own names from the family register due to poor financial and legal abilities are often identified and it is both the Vietnamese and Korean governments'duty to acquit their ethical responsibilities by seeking ways to institutionally and financially support them.

• Korean Journal of Comparative Education
• /
• v.28 no.3
• /
• pp.135-159
• /
• 2018

This thesis compares and analyzes the dynamics between policy, knowledge and power of Myanmar's higher education development. The papers begins by exploring the dynamics during the Socialist Military Regime(1962~1988), the Collapse of Higher Education Era(1988~2010), Thein Sein's Reform Era(2010~2015) and the current Aung San Suu Kyi's Civilian Era(2015~Now). By highlighting recent dramatic policy changes, the article argues that the policy discourse on the subject of internationalization of higher education and the technocratization of education development policy by the current Civilian Government in its new policy discourse, that resulted in the active participation as well as the contributions of international donors has directly impacted on the policy dynamics around the Comprehensive Education Sector Review and the introduction of the National Education Strategic Plan 2016~2020. Further, by examining complex interaction between the current domestic education stakeholders and international donors in education sector in Myanmar, this thesis argues that the new analytical framework on the understanding of policy dynamics in developing countries goes beyond the national level. The paper argues that there needs to be broadening of the analytical framework towards the multidimensional analysis perspective that includes global, national as well as local level policy, knowledge and power dynamics in Myanmar's dynamically changing higher education sector.

• Journal of Legislation Research
• /
• no.44
• /
• pp.283-314
• /
• 2013

Das koreanische Verwaltungsprozessgesetz (KVwPG) wurde am 24. 8. 1951 kodifiziert. Es hat bisher mehrmals $ge{\ddot{a}}ndert$. Der Regierungsentwurf des KVwPG-${\ddot{A}}nderungsgesetzes$ vom 30. 3. 2013, ist fast $drei{\ss}ig$ jahre nach der Novellierung des KVwPGs 1984 erfolgt und auch spiegelt sich die Erfolge der $Bem{\ddot{u}}hungen$ in Literatur und Rechtsprechung wider. Aber es gibt nicht nur einige Unterschiede zwischen dem Regierungsentwurf und dem Entwurf der Kommission des Justizministeriums zur ${\ddot{A}}nderung$ des KVwPG (dem sog. Kommissionsentwurf), sondern auch der Regierungsentwurf ist theoretisch nicht problemlos. Vor allem sind Begriff und Umfang der neuen Klagebefugnis nicht klar. Des weiteren sind in ${\S}$ 12 des Regierungsentwurfs die Klagebefugnis mit dem $Rechtsschutzbed{\ddot{u}}rfnis$ identisch gesehen. Der $Rechtsschutzbed{\ddot{u}}rfnis$ nach ${\S}$ 12 Satz 2 des Regierungsentwurfs kann aus meiner Sicht relativ eng ausgelegt. Die $Einf{\ddot{u}}hrung$ der Verpflichtugnsklage in den Regierungsentwurf ist sehr gut, aber es kann trotzdem als problematisch angesehen werden dass Feststellungsklage der Rechtswidrigkeit der Unterlassung und Anfechtungsklage gegen Ablehnung bestehen noch. Der Begriff der Unterlassung ist $unn{\ddot{o}}tig$ und auch strikt. $Vorl{\ddot{a}}ugier$ Rechtsschutz des Regierungsentwurfs ist unter dem Gesichtpunkt der Rechtsschutz der $B{\ddot{u}}rger$ noch zu verbessern, aber doch das Modell des japanischen Verwaltungsprozessgesetzes darf nicht befolgt werden. Aufbau und System des $vorl{\ddot{a}}ufigen$ Rechtsschutzes sind auch nicht eindeutig. Nach Gegenstand und Klageart muss das Institut des $vorl{\ddot{a}}ufigen$ Rechtsschutzes in Ordnung gebracht werden. Es ist nicht ${\ddot{u}}berzeugend$ dass die $Einw{\ddot{a}}nde$ gegen die $Einf{\ddot{u}}hrung$ der vorbeugenden Unterlassung mit dem Gewaltenteilungsprinzip und der $Eigenst{\ddot{a}}ndigkeit$ der Verwaltung erhoben sind. $Dar{\ddot{u}}ber$ hinaus ist ADR (Alternative Dispute Resolution) zu beachten. In Bezug darauf ist Rechtgrundlage $f{\ddot{u}}r$ Mediation in der Verwaltungsgerichtsbarkeit zu stellen.

• Journal of Korean Philosophical Society
• /
• v.137
• /
• pp.151-191
• /
• 2016

Kant and Lacan strongly criticized the epistemological premise of formal logic. However, Lacan was opposed to Kant in terms of subject, object, knowledge and truth. From the viewpoint of Kant's transcendental logic, formal logic does not have the ability to represent the nature of truth. On the other hand, from the viewpoint of Lacan's psychoanalytic logic, Kant's transcendental logic misunderstands or only partially represents the state of things. But I would like to try to criticize the epistemological premise of the two forms of logic. Transcendental logic takes the evident and new function in that it has studied the necessary condition of content rather than the form of thinking which formal logic considers as his object of study. Transcendental logic evidently studies the categories which dominate our way of thinking. Can we say that the 12 categories which Kant provided are sufficient in explaining the necessity of thinking? Lacan's psychoanalytic logics tells us that Kant's categories are only a kind of metaphor related with hypothesis that tries to explain the possibility of synthetical judge a priori. Is Lacan's psychoanalytic logic sufficient in explaining the possibility of science? It is not sufficient in explaining the objectivity and strictness of science, for it depends on metaphor and metonymy which are useful to literature and unconsciousness. I would like to try to synthesize Kant's transcendental and Lacan's psychoanalytic logic in terms of structure-constructivism which combines both formal and dialectical logic, which is consistent with the ideal of human science, and not blinkered science. My conclusion is that Kant's ethical and esthetical theory should be modified though Lacan's psychoanalytic logic, and Lacan's theory of the unconsciousness revised by Kant's transcendental logic.

• Journal of The Geomorphological Association of Korea
• /
• v.19 no.4
• /
• pp.83-96
• /
• 2012

This paper has obtained the following results by investigating the physical geographical names appeared on the school songs of the primary secondary school in Daegu metropolitan city. 1) The physical geographical names appeared many on the school songs in the old-established schools are the traditional physical geographical names such as The Mt. Palgong, The Geumho river, The Nakdong river, The Mt. Biseul and the physical geographical names related to the identity of Daegu such as Dalgubeol, The Mt. Taebaek, Seorabeol and so forth. 2) The physical geographical names appeared many on the school songs in the primary schools are The Mt. Palgong, The Geumho river, The Nakdong river, and The Mt. Biseul in order, while those appeared many on the school songs in the secondary schools are The Mt. Palgong, The Geumho river, The Nakdong river, and The Mt. Biseul in order. 3) Since The Mt. Taebaek and Seorabeol relatively often appear in the physical geographical names, we can find the relationship between Daegu and Silla Dynasty, and that between The Mt. Palgong and The Mt. Taebaek from the viewpoint of feng shui. 4) In case of the school songs in the schools distributed around the area of Suseong-Gu and DalSeo-Gu which are newly developed, the physical geographical names within the two areas in addition to the traditional physical geographical names(including the physical geographical names related to the identity of Daegu) appeared many on the school songs. 5) The Mt. Palgong, which is the representative physical geographical name of Daegu, almost did not appear on the school songs of the schools within the Dalseong-Gun. In other words, the residents in the Dalseong-Gun have recognized the mountain based on The Mt. Biseul rather than The Mt. Palgong. 6) It is special that The Sincheon amounting to the central stream in Daegu almost did not appear on the school songs. 7) It is concluded that the physical geographical names found in this paper can be not only set as main ecological space in Daegu area but also considered in top priority as ecological space in the various plans of development.

• Journal of Korean Classical Literature and Education
• /
• no.34
• /
• pp.41-74
• /
• 2017

This study aimed to investigate the narrative strategy and meaning of fantasy in classic novels and to derive the educational meaning from the fantasy of Sukhyangjeon. This study selected Sukhyangjeon because is considered a suitable literary text that embodies characteristics of fantasy inherent in classical novels through its successful portrayal of the fantasy genre and its high popularity during its time. Specifically, this study observed that the "notice of hardships" which repeatedly appears in the narration of Sukhyangjeon reinforces the fantasy of the novel as it serves as an advance notice of intervention from heaven. Therefore, this study investigated the relationship between the notice of hardships and fantasy by focusing on Sukhyang's life. The way in which the "notice of hardships" is a form of illusion realized it evident in the plot when heaven saves Sukhyang from her hardship even though it was heaven that had granted her those forms of hardship. Firstly, the "notice from heaven" constitutes the macro structure of Sukhyangjeon. Through it, readers realize the enormous power of heaven by seeing how Sukhyang's life has been realized in accordance with heaven's notice with that, it evokes a sense of respect to heaven. In addition, heaven saves Sukhyang from different forms of danger. It enhances a miraculous feeling, which the omnipotent power of heaven shows, against the innocent appearance of Sukhyang during her times of danger. Meanwhile, when heaven notifies Sukhyang and the surrounding people of their fate and subsequently realizes it through dreams, this act creates a mysterious atmosphere and improves the probability of the narrative. If so, the narrative meaning in reinforcing the fantasy of the novel by the use of "notice of hardships" could be revealed through Sukhyang's real life. First, the hardship in which Sukhyang has gone through is so realistic and detailed that the readers' feelings of empathy are evoked with the fear of the coming hardship, wailing together, and trying to resolve the inner anxiety through Sukhyang's happiness. Second, the heavenly beings who are touched by the good behaviors of Sukhyang save her from the dangers of death. This creates the belief in readers that heaven intervenes for the good people. Third, the active attitude that Sukhyang and Leesun show in the process of marriage helps them overcome their earthly hardship and preserve their relationship in heaven. This gives readers hope that they could go to a "higher life" after going through suffering. This fantasy of Sukhyangjeon helps readers overcome their anxieties of reality through fantasy and recognizes the importance of relationships to enhance a sense of unity and solidarity with others. Because of these elements, it is expected that the fantasy of Sukhyangjeon will have a meaningful value to modern readers.

• Journal of Korean Philosophical Society
• /
• v.145
• /
• pp.271-296
• /
• 2018

In this article, I intend to reveal critically both the intrinsic crux and main problems of the politics of hostile exclusion based on the effect of labeling which was designed precisely as an impure political technique and has been operated for too long in Korean society by the conservative ruling class that centered on various negative ideological labels like 'pro-North Korean leftist forces.' Firstly, what is called the 'conservative ruling class' in Korean society is in itself an antinationalistic and antidemocratic pro-Japanese dictatorship group. Secondly, the conservative ruling class as a pro-Japanese dictatorship group has utilized politically the labeling effect which regards antigovernment Korean members as pro-North Korean or rebellious persons. This group's hostile politics, based on the ideological labelling effect, deprives antigovernment persons and groups of the qualification of Korean citizenship, in order to hold and retain their supreme power in Korean society. Thirdly, the conservative ruling class has attempted to stigmatize the citizens who participate in a movement for democracy as a pro-North Korean leftist force, but such a politically impure manner is typically completely unjustified groundless labeling. Fourthly, the attempt to define the conservative ruling class as a pro-Japanese dictatorship force is normatively justified and resonably appraised insofar as such a definition has been proved to be worthy of confidence. Finally, the trial to consider Roh's regime and pro-Roh (pro-Moon) groups as a kind of Yeongnam hegemonism by several critical intellectuals and current politicians from Honam region is not only merely a groundless and unconvincing labelling, but also the failed outcome of the attempt to systemize logically their emotional antipathy and repulsion toward Roh and pro-Roh (pro-Moon) groups.

• Journal of Legislation Research
• /
• no.41
• /
• pp.43-85
• /
• 2011

Child and youth welfare law in Korea is vague and complex. In a narrow sense it means the research on the provisions of the Child Welfare Act. In a broad sense it embraces all of the social welfare system regarding to the protection for children and youth. Regardless of the scope of child and youth welfare law it should be cleared what the term of child and youth means in Korean legal regulation. Historically, child protection in Korea was based on the good intentions of individuals to protect war orphan children from poverty or danger after the end of the Korean War. It is the story of the evolving status of children from being viewed as dependant of the parents to becoming rights-based citizens, even not in Constitution. In Korea neither parents nor children have constitutionally recognized right. According to Korean Constitution the parents have only the obligation to educate their children. And the state ist obliged to improve the welfare of the youth(section 34). In compliance with this article there are lots of statutes regulating youth welfare. This article reviews the legal definition of child and youth to test the uncertain definition of child and youth welfare in relation to the treatment of children's and youth's legal status in Korea. According to the Child Welfare Act child is the person under age of 18, while the legal definition of youth oscillates between the person under the age of 19 and the person over the age 9 to the age of 23. As a result child welfare is often used as the synonym of youth welfare, and vice versa. The lack of the arrangement of the legal definition of child and youth is based on the historical reasons that the legal definitions of youth (under the age of 19 or over the age 9 to the age of 23) newly appeared in the statutes regulating youth welfare, whereas the Child Welfare Act still maintained the definition of child under the age of 18. In order to get rid of the confusion of the definition of the child and youth, a part of certain statues should combine with another Act according to the purpose of the individual amended statutes. And the definition of child and youth should be subdivided into 3 or 4 classes, namely infant(0-6), child(7-13), youth(14-18) and young adult(19-26). Furthermore this article proposes a reform of the existing legal system pursuant to the nature of the law, i.g. whether the issued or amended Act takes on a selective(residual) or universal character.

• Journal of Legislation Research
• /
• no.44
• /
• pp.571-610
• /
• 2013

The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.