• Journal of Legislation Research
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• no.54
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• pp.303-343
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• 2018

In 2013 a new era for EU patent law system was launched. The creation of the EU patent with unitary effect and the establishment of the Unified Patent Court established a new legal framework on substantive patent protection and patent litigation in Europe. This year the EU Patent Package would become a reality. It includes a regulation on a unitary patent, a regulation on the translation regime and an international Agreement on the Unitary Patent Court. In contrast to the classical European patent, the post-grant life of unitary patent will be governed by the newly created unified patent court and it will have unitary effect. In this article, I highlight the effect of the unitary patent and the jurisdiction of the unified patent court over unitary patents (and 'traditional' patents granted under the EPC that are not opted-out) for actions in relation to patent infringement or to revocation of a European patent and to licences of right. This article explores on the one hand the relation between national patent, the classical European patent and EU patent with unitary effect and on the other hand the relation of unified patent court to the Brussels $I^{bis}$ Regulation. Particular attention is paid to the institutional changes created by the unitary patent package abd the new supplementary forum that enables the UPC to hear disputes involving defendants from third States that relate to an infringement of a European patent and give rise to damage inside as well as outside the Union. Furthermore on the perspective North-east Asia this essay examines the lessons from the experiences of EU patent package.

• (The) Research of the performance art and culture
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• no.34
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• pp.133-172
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• 2017

Mansuseongjeol was originally a term that referred to the birthday of Chinese emperors. In October 1897, when Emperor Gojong ascended the throne, his birthday could be called mansuseongjeol. The celebratory events for mansuseongjeol took place throughout various levels of society and regions. Various places and classes including government officials, foreigners, students, religious people, journalists, merchants, civic groups, and nation-wide open ports celebrated the birth of Emperor Gojong, and the classes celebrating the day became stronger and wider. In other words, in the sense that the celebration had the nature of being universal, national, and global in terms of classes, regions, and races, the event was distinguished. Due to such nature, celebrating culture proceeded in various ways and the imperial family provided donation. Celebration on mansuseongjeol extended to respect toward the emperor and patriotism so it contributed to strengthening the emperor's power and solidifying the unity of the people. Also, such an event was reported around the world through diplomats and reporters living in Korea, raising the national status of Korea in the world. However, after the breakout of Russo-Japanese War, Japan controlled the finance of the royal family, reduced the power of the emperor, and the celebration of mansuseongjeol was also reduced. Due to the suspension of royal family's financial support, crackdown from Japan, and the dethronement of Emperor Gojong, events for mansuseongjeol disappeared and only inside the palace, did formal celebrations continue centering on pro-Japan officials and Japanese people. The abdication of Emperor Gojong came with the collapse of Korean Empire and along with that, celebration of mansuseongjeol came to an end. In the circumstances, the culture of court banquet disintegrated, and the best performers of Korean Empire degenerated into mere entertainers. Though mansuseongjeol, the medium of expressing respect toward the emperor and patriotism, lost its status, it is significant that the cultural achievements, which were created during the process established with the support of the financial power of the royal family, serve as internal power that drove Korea's modern and contemporary cultural history.

• Journal of Korean Classical Literature and Education
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• no.39
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• pp.137-180
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• 2018

This article examines the constitutional characteristics of the works in the "Shinbi Apartment" (Mysterious Apartment) series produced by Tooniverse, a domestic animation channel, and considers the meaning of the contents of the ghoststory (鬼神談). The "Shinbi Apartment" series is a horror animation for children. It was produced for the first time in Korea and recorded high ratings. Additionally, it is different from Japanese horror animations that were dubbed and broadcast in Korea in terms of composition and narrative direction, and it succeeds in the form and direction of the traditional Korean ghost story. "Shinbi Apartment - The Secret of Ghost Ball" enriches narrative stories by embracing the structure of the "female ghost story" in traditional ghost stories while following the form of ghosts that suddenly pop up in the daily routines of contemporary ghost stories. The ghost's shape, which has a bizarre and unpredictable aspect, embodies the ghost as the object of fear that modern horror stories intend. However, it does not stop there, but puts the attention on the hero who focuses on the emerging ghost and listens and communicates with it, placing the emphasis of the story on communication, understanding, forgiveness, and reconciliation. The structure and contents of the unique story of "The Secret of Ghost Ball" contribute to the transformation of the ghost into a subject of friendliness and entertainment, not merely as one of shock, fear, and anxiety. Additionally, as the concept of "child" is being created, the custom of modernity, which deals with the story of ghosts in the dimension of teaching and edification, is also manifested in "The Secret of Ghost Ball." In other words, through the figure of the devil, it is to continue the lesson of the story by revealing the adventure, the courage necessary for the "child," and the boundaries for substance and appearance. The "Shinbi Apartment" series has also contributed to the success of ghosts as commercial contents. The structure of the story and its characters have been actively used as educational tools and toys for children. It can be said that ghost culture contributed to this popularization by establishing a base for enjoying ghosts for amusement and entertainment.

• Cross-Cultural Studies
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• v.25
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• pp.695-721
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• 2011

The purpose of this study is to provide the case study of expression education using story-telling about their cultures from which they came to the women who get interracial married and study korean cultures with the pride of their homeland. This research is also for the diverse members of korean society to deeply understand interracial married women, get higher understanding cultural diversities. And it is expected that these women could learn and study more korean cultures, too. In this study, process-based instruction method is used in the first step and second step such as brainstorming, questioning, discussing, investigating, teacher's asking in order to create some ideas about their home countries. Suggesting an example answer by teacher and free-writing are also involved. As the core of the process-based writing activity, the second step is focused on revising and correcting. Through reviewing their own writing task, feedback from teacher, interviewing from the difficulty of writing after this activity to cultural and linguistic backgrounds, they could appreciate their errors or mistakes in writing are natural and this affects their learning abilities positively. In third step which is focused on speaking activities, teacher provides feedback to learners after checking their common errors or habits in speaking. Meanwhile, by evaluating the role of the appraiser, It is helpful for the learners to have self-esteem of their own. When interviewing after fourth step's activities, the teacher compliments each learner's improvement while pointing out some errors. Afterward, We can see they show more positiveness to learn and understand korean cultures and set their identities. And they indicate interests and concerns each other's cultures by story-telling. It means they identify the popularity and interaction which the story-telling contains. Also, they confirm the participation in story-telling by expressing their willingness to revise their stories. After the activities in fifth step, there have been relatively positive changes in establishing identity and cultivating a sense of pride of learner's homeland cultures. Furthermore, we could find the strong will to be a story-teller about their homeland cultures. On this research, the effectiveness of expression education case study using story-telling about local cultures of interracial married women's homeland has been examined centrally focused on popularity, interaction, and participation. Afterward, interracial married women could not only cultivate the understanding about korean cultures but also establish their identity, improve their korean language skills through this education case study. Finally, the studies of the education programs to train interracial married women as story-tellers for their homeland local cultures are expected.

• (The)Study of the Eastern Classic
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• no.69
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• pp.451-479
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• 2017

The objective of this study is to examine the tasks for listing martial arts of "Muyedobotongji" on the UNESCO Representative List of Intangible Cultural Heritage of Humanity. The conclusions are like below. First, "Muyedobotongji" was published in 1790(14th year of King Jeongjo). The 24 martial arts of "Muyedobotongji" were basically divided into three types like stabbing, chopping & cutting, and hitting. Second, the value of martial arts of "Muyedobotongji" is highly evaluated because it has systematically put together the martial arts of three countries like Korea, China, and Japan of the 18th century, suitable for the actual status of Joseon Dynasty, in the new perspective. The value of "Muyedobotongji" as a Memory of the World is the martial arts book emphasizing the practicality, so that everyone including officers and soldiers could easily learn. Third, the procedure of registering martial arts of "Muyedobotongji" in the UNESCO Representative List of Intangible Cultural Heritage of Humanity has three stages including preparation/submission, screening, and decision, which takes two years. Especially, the screening assistance organization, as an organization under the Intangible Cultural Heritage Convention Intergovernmental Committee is composed of total six countries(one for each area) out of 24 member countries. Fourth, the tasks for listing martial arts of "Muyedobotongji" in the UNESCO Representative List of Intangible Cultural Heritage of Humanity are like following. (1) It would be necessary to conduct a total inspection of the collection of "Muyedobotongji". (2) It would be necessary to designate the martial arts of "Muyedobotongji" as the municipal/provincial/national intangible cultural heritage. (3) It would be needed to standardize the practical martial arts technique/movement of "Muyedobotongji". (4) The historical evidence of martial arts costumes/weapons of "Muyedobotongji" should be studied. (5) A committee for the registration of martial arts of "Muyedobotongji" in the UNESCO Representative List of Intangible Cultural Heritage of Humanity should be organized. (6) There should be a close cooperation system between relevant departments like the World Heritage Team of Cultural Heritage Administration and the Ministry of Foreign Affairs. (7) Domestic/foreign data related to martial arts of "Muyedobotongji" should be comprehensively collected to meet the registration standard of UNESCO. (8) The registration type of Intangible Cultural Heritage of Humanity should be prepared.

• The Southeast Asian review
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• v.27 no.1
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• pp.163-191
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• 2017

This article aims to review the recent, especially focusing on the year of 2016, situations and prospects of the Vietnamese politics, economy, and international relations. Politically, Vietnam completed the election of members for the National Assembly and organized new leadership at the 12th National Congress of the Vietnamese Communist Party in 2016. One characteristic of the new leadership is that the politicians, especially the members of politburo, from the North continue to occupy the position of majority. The other one is that the new leadership promised to carry out the restructuring of economy toward industries producing higher value-added commodities even though Vietnam industries admittedly need to accelerate present industrialization and modernization as a developing country under the seemingly contradictory slogan of "the development of market economy for socialism." The declared goals of the new leadership in Vietnam are inevitable in a sense since the development of Vietnamese economy has been heavily dependent upon Foreign Direct Investment(FDI) taking advantage of Vietnamese cheap labor and simultaneously it is evident that its future is unsecure if it maintains status quo. In fact, the Vietnamese economy has impressively showed high growth rate by the help of foreign capitals since 1990s despite the repetitive recessions of global economy but its growth is not likely to be sustainable anymore if it will not reduce foreign dependency and social economic inequality in a long term. In a short run, global economic recession, the financial and monetary policies of global powers, and recent protectionism and uncertainty of trade agreements will be three crucial variables to affect Vietnamese economy. In terms of international relations, Vietnam is continuously expected to practise the policy of checks and balances among the powerful countries. Vietnam has seriously disputed with China on islands sovereignty in the South China Sea and attempted to maintain close relationship with other powerful countries including especially America. However, mainly due to the new protectionism by the regime of American president Donald Trump, the Vietnamese government also need to keep close relationship with China increasingly for both economic and diplomatic security. Under the circumstances, Vietnam is expected to maintain more practical and balanced international relations.

• The Southeast Asian review
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• v.28 no.3
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• pp.159-212
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• 2018

This paper is focused on analyzing the social environment of a rapidly changing on Vietnamese company. The key analysis of this study is on the change of perception in Vietnam and the regional difference of CSR acception. The social acceptance research of CSR is centered on the comparative analysis of Korean, Japanese and Chinese companies Social Activities in Vietnam. In addition, This paper seek to way of contribute to the sustainable development of Korean companies, and its harmonious cooperation with Vietnamese society through reviewing the CSR activities and direction of their CSR expectation. In the paper, linkage analysis was conducted with the results of the study on CSR value development process in Vietnam society and analysis of social responsibility values obtained from empirical studies. Through this, finally, we trying to search the value of social responsibility in Vietnam and its future directions. When we understand Vietnam's CSR, based on 'locality' of Vietnam, Northern and Southern can be understand on its different backgrounds. And it can be analyzed by their CSR characteristics of acception. As the result of this research, In the North, Foreign companies' CSR is understanded to be viewed from the corporate economic income and distribution. In the South, there is a strong tendency to understand CSR activities of foreign companies as marketing activities. On the whole, In northern Hanoi, there was a strong expectation in terms of 'employment improvement' and 'workers' working conditions'. In the South, there was a greater interest in improving the 'quality of life of residents' and 'consumer protection'. This is due to the influence of the economic system experienced during the process of different colonization, modernization and communization between the two regions. Since the Reform and Opening of Vietnam, Social Awareness of CSR seems that the regional differences were formed by the pace of economic development and the economic environment has played a role. In particular, the social acceptance of CSR values showed a slight difference in recognition between the North and South regions, but as both regions showed common hope for 'intervention in the role of government'. Therefore, Social Awareness of Vietnam's CSR is based on relation of 'government-society' formed from the 'Communitarianism'. As foreign investment flows more, CSR awareness and expectations in Vietnam's society will increase further. And the CSR expectations of local governments and stakeholder will be more complicated. It is time to check the needs of Vietnamese society in relation to locality of the social responsibility activities.

• (The)Study of the Eastern Classic
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• no.54
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• pp.289-318
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• 2014

The purpose of this study was to compare Gwonbeop motions among "Gihyosinseo", "Mubiji", "Muyejaebobunyuksokjib" and to analysis catalogue of books on Gwonbeop for comprehensive interpretation in "Muyedobotongji". the conclusion through literature review was as follows. First, There were total 16 references which were composed of 14 references of China and 2 references of Korea. In particular there was no reference of Japan for Gwonbeop. In detail, unrepresentative references of China were "Hanseo", "Gihyosinseo", "Mubiji" and unrepresentative reference of Korea was Muyejaebobunyuksokjib". Second, We compared motions of Gwonbeop between China and Korea. There were located 5 motions such as Gyungakguheese(False Prey Posture), Gigose(Flag Beating Posture), Ahnshichukshinse(Goose Wing Posture), Jumjoose(Picking Elbow Posture), Pogase(Throwing Shelf Postere). In other three references unmentioned "Mubiji" there were located 8 motions such as Jungranse(Spring Railing Posture), Gichukgakse(Ghost Kicking and Leg Striking Postere), Jidangse(Open Finger Attacking Posture), Soodoose(Beast Head Shield Posture) Shingwon(Heavenly Fist Posture), Il-jopyunse(Whipping Lunging Posture), Jakjiryongse(Dragon Prey Snatching Posture), Joyangsoose(Slanting Hero Hand Posture), In two references of Korea there were located 2 unique motions such as Nachaluichoolmun Gakabyunhase(Low Encountering Posture), Gumgyedongnipse(Single Leg Throwing Postere). Third, Most of all we found two kinds of unique motions such as Chukcheonse and Eungswaeik on "Muyejaebobunyuksokjib" and such as Nachaluichoolmun Gakabyunhase(Low Encountering Posture), Gumgyedongnipse (Single Leg Throwing Postere) on "Muyedobotongji". Based on chronological table although "Gihyosinseo" is the longest literature, there was begun changing techniques in details on literatures of Korea. Transformed into techniques of Gwonbeop on Korea could be supposed that those skills were reflected in society and culture of the Joseon Dynasty. To sum it up, Gwonbeop of "Muyedobotongji" was written by "Gihyosinseo", "Mubiji", "Muyejaebobunyuksokjib" but most motions of Gwonbeop were begun to change gradually except 5 motions of "Gihyosinseo". Especially, there were 8 unique motions which could not be found in references of China. Those unique motions of Korea literatures were living proof of attempting transfiguration from motions of China. The significance of this study was to be able to put stepping-stone to interpretate history of Taekwondo which takes center stage on bare hands martial arts and analyzed the meaning of historical martial arts on Gwonbeop in Joseon Dynasty.

• The Journal of Korean Philosophical History
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• no.59
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• pp.9-38
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• 2018

Joseon Neo-Confucianism had important disputes throughout its hundred years of history. Starting in mid-16th century, Four-Seven Dispute focused on 'Qing (情, emotion)' while Horak Dispute that emerged in early 18th century put emphasis on whether people and things have the same 'Xing (性, nature).' These two disputes lasted until late Joseon. In that process, their issues were clearly recognized and consequently, characteristics of Joseon Neo-Confucianism were well demonstrated. With Western power surging in since mid-18th century, Joseon Neo-Confucianism should develop logic to cope with the Western power. One of responding logics was Zhulilun (主理論, theory of reason) in Neo-Confucianism. Diverse discussions particularly on 'Xin (心, mind)' were expansively made. From the notion of Xin Tong Xing Qing (心統性情) that Xin converges with Xing and Qing, an argument that Xin should be seen as 'Li (理, reason)' and another that Xin is basically 'Qi (氣, force of nature)' were up against each other. The academia heated up with issues raised such as whether Xin and Mingde (明德, bright virtue) are the same notion and whether Mingde should be seen as 'Li' or 'Qi', etc. Defining morality dispute in the late Joseon along with Four-Seven Dispute and Horak Dispute as 'three major disputes in Joseon Neo-Confucianism,' this paper focuses on clarifying their status, actuality and significance. Morality dispute was not only a theoretical dispute. It has significance in the aspect of 'topicality.' It directly and indirectly affected movements against Western and Japanese power, loyal troop's activities and independence movement as well. Compared to Four-Seven Dispute and Horak Dispute, morality dispute is more complex and expansive. In addition, it requires systematic organization of data. Intercomparison of three major disputes is one of key topics to determine characteristics of Joseon Neo-Confucianism.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.38 no.4
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• pp.25-38
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• 2020

For the purpose of recording Folk House Garden, this study was to review the historical value, location, space composition, Placememnt of the Building, garden composition, and management status of Folk House Garden designated as a cultural asset in Jeolla-do and to promote continuous maintenance and preservation in the future and enhance its value. The results of the study are as follows. First, most of them have been influenced by the trend of the times, such as the creation of a modern private garden and the spread of agricultural and commercial development through the garden components influenced by the royal, Japanese, and Western styles. Second, there are differences in the spatial composition of private households and the way they handle sponsorship, depending on the geographical location. When the geographical features were divided into flat and sloping areas, private houses located on flat land were divided into walls, walls were placed around the support area, and flower systems and stone blocks were created. The private houses located on the slope were divided into two to three tiers of space, and the wooden plant, flower bed, and stone bed were naturally connected to the background forest without creating a wall at the rear hill. Third, the size of the house and the elements of the garden have been partially destroyed, damaged, and changed, and if there is a lack of records of the change process, there is a limit to the drawing floor plan. There were many buildings and garden components that were lost or damaged due to changes in the trend and demand of the times, and some of them without records had to rely on the memory of owners and managers. Fourth, the species in Warm Temperate Zone, which reflects the climatic characteristics of Jeolla-do, was produced, and many of the exotic species, not traditional ones, were introduced. Fifth, fine-grained tree management standards are needed to prepare for changes in spatial function and plant species considering modern convenience.