• The Korean Journal of Air & Space Law and Policy
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• v.33 no.2
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• pp.169-197
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• 2018

The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

• The Korean Journal of Archival Studies
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• no.33
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• pp.85-112
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• 2012

Group for the People without History(GPH) was launched at September 2002 and had worked for around five years with the following purposes; Firstly, GPH collects first-hand data on people's everyday lives based on fieldworks. Secondly, GPH constructs digital archives of the collected data. Thirdly, GPH guarantees the accessibility to the archives for people. And lastly, GPH promotes users to utilize the archived data for the various levels. GPH has influenced on the construction of archives on everyday life history as well as the research areas such as anthropology and social history. What is important is that GPH tried to construct digital archives even before the awareness on archives was not widely spreaded in Korea other than formal sectors. Furthermore, the GPH archives proposed a model of open archives which encouraged the people's participation in and utilization of the archives. GPH also showed the ways in which archived data were used. It had published forty seven books of people's life histories and five photographic books, and held six photographic exhibitions on the basis of the archived data. Though GPH archives had contributed to the ignition of the discussions on archives in various areas as leading civilian archives, it has a few limitations. The most important problem is that the data are vanishing too fast for researchers to collect. It is impossible for researchers to collect the whole data. Secondly, the physical space and hardware for the data storage should be ensured. One of the alternatives to solve the problems revealed in the works of GPH is to construct community archives. Community archives are decentralized archives run by people themselves to preserve their own voices and history. It will guarantee the democratization of archives.

• The Korean Journal of Archival Studies
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• no.54
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• pp.179-210
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• 2017

By redefining the concept of history, my colleagues and I have reformed our department in terms of curriculum and faculty members. This paper is a report of some of the conclusions that we have obtained from this procedure. Despite a long relationship, two disciplines do not seem to match or complement each other in the Korean education system. We believe that this is due to the fact that the Department of Korean History has focused on "national history (NH)." By conferring a privilege on NH, persons, families, societies, regions, and others were removed from NH. To make matters worse, a biased view that history is just an interpretation has prevailed, and the empiricism of history was weakened, which brought about an indifference in keeping records and archives. In East Asia, "history" means both modern history and archives. The concern about the authenticity of records did not come from H. Jenkinson or L. Duranti, and not even from the electronic environment or the Public Records Act of 1998. Key concepts such as records, documents-archives, manuscripts, authenticity, compilation-appraisal, arrangement, and description are different from their signifiant but are same or similar to their $signifi{\acute{e}}$. In case of "provenance" and "original order," they are used in education and practice in the traditional archives. History includes the recording, archiving, and the story or historiography of an event. In this context, the Department of Korean History should contain a more archives-oriented curriculum and select an archival-trained faculty. On the other hand, the department has accumulated long-term experience with appraisal and description of records; thus, archival science should absorb the criticism of the material. History will be shaken without the help of archives, while archives will lose their root without history. We are at the point in which we need to be reminded why we want to be a historian or an archivist, and for this, the more colleagues, the better.

• Journal of Ginseng Culture
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• v.1
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• pp.11-27
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• 2019

The Jurchens, the ancestors of the Qing Manchus, had lived scattered in Manchuria and had made their living mostly on ginseng gathering and animal hunting. Their residential areas, rich with deep forest and numerous rivers, provided great habitation for all kinds of flora and fauna, but not so proper for agriculture. Based on their activities of foraging and hunting, the Jurchens developed a unique social organization that was later transformed into the Banner System, the most distinctive Qing military institution. By the sixteenth century, that the external trade brought considerable changes to Jurchen society. A huge amount of foreign silver, imported from Japan and South America to China, first invigorated commercial economy in China proper, and later caused a huge influence on Ming frontier regions, including Manchuria. In the late sixteenth century when the tradition of foraging and hunting encountered with silver economy, the Jurchen tribes became unified after years of competition and transformed themselves into the Manchus to build the Qing empire in 1636. In 1644 the Manchus succeeded in conquering the China Proper and moved into Beijing. Even after that, the Manchu imperial court never forgot the value of Manchurii ginseng; instead, they paid great efforts to monopolize this profitable root. Until the late seventeenth century, the Qing court used the Banner System to manage Manchurian ginseng. The banner soldiers stationed in Manchuria checked unauthorized civilian entrances in this frontier and protected its ginseng producing mountains from the Han Chinese people. All the process of ginseng gathering was managed by the institutions under the direct control of the imperial court, such as the Imperial Household Department, the Butha Ula Office, and the Three Upper Banner in Shengjing. Banner soldiers were dispatched to the given mountains, collect the given amount of ginseng, and send them to the imperial court in Beijing. The state monopoly of ginseng was maintained throughout the eighteenth and nineteenth centuries under the principle that Manchuria and its natural resources should be guarded from civilian encroachment. At the same time, Manchurian ginseng was considered as an important source of state revenue. The imperial court and financial bureau wanted to collect ginseng as much as they needed. By the late seventeenth century as the ginseng management by the banner soldiers failed in securing the ginseng tax, the Qing court began to invite civil merchants to ginseng business. During the eighteenth century the Qing ginseng policy became more dependent on civil merchants, both their money and management. In 1853 the Qing finally ended the ginseng monopoly, but it was before the early eighteenth century that wealthy merchants hired ginseng gatherers and paid ginseng tax to the state. The Qing monopoly of ginseng was in fact maintained by the active participation of civil merchants in the ginseng business.

• Korean Journal of Heritage: History & Science
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• v.53 no.4
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• pp.136-149
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• 2020

It is generally believed that Douglas Fir timber imported from North America is used in repair work for Korean wooden heritage sites due to an insufficient supply of extra-large sized Korean pine timber. Based on this understanding in the cultural heritage repair field, Cultural Heritage Repair Business Entities ("CHRBE") prefer North American Douglas Fir timber which is more easily acquired on the market than large Korean pine timber. However, if CHRBE use large quantities of foreign-origin wood in the heritage repair field, this presents the threat of negative domestic impacts on cultural heritage such as breaching the preservation principal and ultimately weakening material authenticity. Therefore, this study aims to investigate the current supply status of large Korean pine timber through examination of existing research, interviews with experts engaged in CHRBE, and timber mills. With this information, the authors seek to identify whether the market supply of large Korean pine timber is indeed insufficient or not. In addition to this, this paper identifies the reasons why large Korean pine timber is not widely used if such timber supply is actually sufficient. In order to propose suggestions regarding the issues above, the authors study the distribution channel for large Korean pine timber and the price spectrum of this timber through examination of price information from the public agencies under the Korea Forest Service, research papers from the Cultural Heritage Administration, and estimation documents from timber mills. This paper also identifies two main opinions about why Korean timber has not been commonly used in the Korean heritage repair field. The first opinion is that the supply of large Korean pine timber really is insufficient in Korea. However, the second opinion is that it is hardly used due to inappropriateness of the government's procurement and estimation system, despite the fact that the supply of the timbers on the market is actually sufficient. Through the aforementioned research, this paper comes to the conclusion that the second opinion has strong grounds in many aspects. In terms of suggestions, alternative routes are proposed to stimulate the use of large Korean pine timber via supply by the 'Korea Foundation for Traditional Architecture and Technology' and surveys of the price spectrum of the timber, etc.

• Korean Journal of Heritage: History & Science
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• v.54 no.2
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• pp.56-77
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• 2021

Toponyms are located not only in the site between human cognition and the physical environment but also in the name of cultural heritage. Accordingly, certain identities and ideologies for which human groups and community have sought, their holistic way of life, and all cultural symbols and cosmos, such as sense of place and genius loci, are included in their toponymic heritage. Denoting, symbolizing, integrating and representing the culture and nature belong to the human community. Based on these perceptions of the toponymic heritage, the aims of this article are to examine the values of a toponym as an Intangible Cultural Heritage (ICH) and to suggest the application methods using the toponymic functions for governing of tangible cultural heritage. This article discusses the multivocality, diversity, and non-representational theory of landscape phenomenology intrinsic to the terms of culture and cultural landscape and then the domestic and international issues on the toponymic heritage in the first chapter on the values of toponym as a part of the ICH. In particular, it analyzes the preceding research in the field of toponymy, as well as the Resolutions of UNCSGN and UNGEGN on "Geographical names as culture, heritage and identity" including indigenous, minority and regional language names since 1992, which is related to the UNESCO's Convention for the Safeguarding of the Intangible Cultural Heritage in 2003. Based on this, I suggest that the traits of toponymic cultural heritage and its five standards of selection, i.e., cultural traits of toponyms, historical traits, spatial traits, socio-economic traits and linguistic traits with some examples. In the second chapter discussing on the methods using the toponymic denoting functions for creating and governing of the tangible cultural heritage, it is underlined to maintain the systematic and unified principle regarding the ways of naming in the official cultural heritage and its governing. Lastly, I introduce the possible ways of establishing a conservative area of the historical and cultural environment while using the toponymic scale and multi-toponymic territory. Considering both the spatial and participatory turns in the field of heritage studies in addition to the multiple viewpoints and sense of cultural heritage, I suggest that the conservative area for the cultural heritage and the historical and cultural environment should be set up through choosing the certain toponymic scale and multi-toponymic territory.

• Korean Journal of Heritage: History & Science
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• v.54 no.2
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• pp.78-97
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• 2021

Seojangdaeyajodo is a drawing of military night training on February 12th (lunar leap month), 1795. Focusing on the Seojangdaeyajodo, the characteristics and of the costumes worn by various types of officials were examined. There were 34 officials located near King Jeongjo in and around Seojangdae, with 27 Dangsanggwan and 7 Danghagwan. They wore three types of costumes, including armor, yungbok, and military uniforms. All of the twelve armor wearers and the five officials wearing yungbok were dangsanggwan, and the military uniform wearers included eleven dangsanggwan and six danghagwan. For the shape of the armor, the armor relics of General Yeoban, suitable for riding horses, and the armor painting of Muyedobotongji were referenced, and the composition of the armor was based on practicality. The armor consists of a helmet, a suit of armor, a neck guard, armpit guards, arm guards, and a crotch guard. The color of the armor was red and green, which are the most frequently used colors in Seojangdaeyajodo. The composition of yungbok was jurip, navy cheollik, red gwangdahoe, socks made of leather, and suhwaja. The composition of the military uniform was a lined jeolrip, dongdari, jeonbok, yodae, jeondae, and suhwaja. There were differences in the fabrics used in dangsanggwan and danghagwan military uniforms. Dangsanggwan used fabric with depictions of clouds and jewels, and danghagwan used unpatterned fabric. Moreover, jade, gold, and silver were used for detailed ornamental materials in dangsanggwan. The weapons included bows and a bow case, a sword, a rattan stick, wrist straps, and a ggakji. In the records of the King Jeongjo period, various colored heopsu were mentioned; the colors of the dongdari and jeonbok of dangsanggwan and danghagwan were referenced in various colors. It was presented as an illustration of costumes that could be used to produce objects accurately reflecting the above historical results. The basic principle of the illustration was to present the modeling standards for 3D content production. Samples of form, color, and material of the corresponding times and statuses were presented. The front, the side, and the back of each costume and its accessories were presented, and the colors were presented in RGB and CMYK.

• Journal of Legislation Research
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• no.44
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• pp.241-281
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• 2013

First and foremost, a discussion concerning government structure has to be done in connection with the state form and the governmental form. For practical reasons, there is a need to balance the principle of legality and its exceptions under the Government Organization Act. To ensure the flexibility of government structure with respect to the principle of legality, the National Assembly should accept the government structure requested by the newly elected government. This mitigates the rigidity of the principle of the legality within the government organizations. However, excessive changes by each government could violate the principle of legality asked by Constitution. In this sense, arbitrary modification with respect to the government structure by the newly elected government is not desirable. The long term stability of the government organization is required in any case. Secondly, general administrative agencies, other than Executive Ministries, should not be established under the direct order of the President without the control of the Prime Minister. A hierarchy of the executive branch (President->Prime Minister-> Executive Ministries) is stipulated in the Constitution. Establishing a hierarchy of President -> executive institution should be considered unconstitutional. Therefore, only the Presidential Secretariat and institutions with special functions can be established in the Presidential Office. Establishing general administrative agencies in the Presidential Office for convenience purposes is against the spirit of the current Constitution. Consequently, only the office of staffs and special agencies can be placed in the presidential office. It is against the spirit of the current Constitution to found administrative agencies under the presidential office for convenience. Thirdly, the office of the Prime Minister should be the backbone of internal affairs. In that sense, the President, as the head of state, should focus on the big picture such as the direction of the State, while the Cabinet headed by the Prime Minister should be responsible for the daily affairs of the State. The cabinet surrounding the Prime Minister must control all the ordinary affairs of the State, while the President, as the head of the State, should focus on the big picture of blueprinting the aim of the State. Lastly, the Office of the Prime Minister and Executive Ministries are the two main bodies of the executive branch. It is important to reduce the confusion caused by repeated changes in the names of Executive Ministries, to restore the traditional names and authorities of these institutions, and to rehabilitate the legitimacy of the State. For the Korean democracy to take its roots, a systematic way of stabilizing a law-governed democratic country is needed. There is also the need not only to reform security and economic agencies, but also to rationally solve the integration of technique and policy, according to the changes of time.

• Korea Real Estate Review
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• v.24 no.1
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• pp.77-90
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• 2014

With the purpose of preventing improper development on the national land, the land development permission system which is performed from 2002 has meaning as a type of limiting the property right, but modification on the details of traditionally understood land ownership is inevitable. Also, releasing the development prohibit on the land not only stop in recovering the freedom for land development, but also can be interpretated as a cause of forming the land development right, therefore the purpose of this study is to develop this into a real right. When we look at the development activity permission as a form of limiting the property right, constitutional problems of basis for that limit and compensation demand can occur. However, that limit can be recovered or relieved through permitting the development activity, therefore the compensation problem can be solved. Due to the development activity permission system, the land development right was separated from the land ownership to be communalized, and now, the land ownership only has condition use right left and don't have the future condition change right in principle, therefore modifying the traditional concept of land ownership is inevitable. By the virtue of the land ownership authority, the land development permission system must have the property to separate the development right as the independent right to be authorized of its legitimacy. Without these properties, the land development permission system cannot satisfy the social necessity of the land development right and its discussion under the category of the land ownership limit theory can't be deviated. In the existing "Civil Law" or in the Land Regulation Law system, there are many difficulties and limits in generalizing the land development right as a real right. Therefore, it is considered that by establishing a social law idea of Framework Act on the Land to characterize the land right theory in the real right theory, the land development permission system or the development right theory should be studied and developed independently and systematically.

• Korean Journal of Comparative Education
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• v.27 no.4
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• pp.187-209
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• 2017

The purpose of this study was to highlight the necessity of a conceptual reestablishment of world university evaluations. The hitherto most well-known and validated world university evaluation systems such as Times Higher Education (THE), Quacquarelli Symonds (QS) or Academic Ranking of World Universities (ARWU) primarily assess big universities with quantitative evaluation indicators and performance results in the rankings. Those Systems have instigated a kind of elitism in higher education and neglect numerous small or local institutions of higher education, instead of providing stakeholders with comprehensive information about the real possibilities of tertiary education so that they can choose an institution that is individually tailored to their needs. Also, the management boards of universities and policymakers in higher education have partly been manipulated by and partly taken advantage of the elitist ranking systems with an economic emphasis, as indicated by research-centered evaluations and industry-university cooperation. To supplement such educational defects and to redress the lack of world university evaluation systems, a new system called 'U-Multirank' has been implemented with the financial support of the European Commission since 2012. U-Multirank was designed and is enforced by an international team of project experts led by CHE(Centre for Higher Education/Germany), CHEPS(Center for Higher Education Policy Studies/Netherlands) and CWTS(Centre for Science and Technology Studies at Leiden University/Netherlands). The significant features of U-Multirank, compared with e.g., THE and ARWU, are its qualitative, multidimensional, user-oriented and individualized assessment methods. Above all, its website and its assessment results, based on a mobile operating system and designed simply for international users, present a self-organized and evolutionary model of world university evaluation systems in the digital and global era. To estimate the universal validity of the redefinition of the world university evaluation system using U-Multirank, an epistemological approach will be used that relies on Edgar Morin's Complexity Theory and Karl Popper's Philosophy of Science.