• Journal of Korean Philosophical Society
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• v.137
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• pp.57-79
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• 2016

The purpose of this paper is to explain MacIntyre's critique of moral pluralism of modern society and reveal the limits of his critique of liberalism. It is a distinctive feature of the social and cultural order that we inhabit that disagreements over central moral issues are peculiarly unsettleable. Debates concerned with the value of human life such as those over abortion and euthanasia, or about distributive justice and property rights, or about war and peace degenerate into confrontations of assertion and counter-assertion because the protagonists of rival positions invoke incommensurable forms of moral assertion against each other. We usually call this situation 'modern moral pluralism' and concede as the natural outcome of the activities of human reason under free institution. But in After Virtue, MacIntyre vigorously criticizes modern moral pluralism. The main cause he took which brought about this state of affairs was the failure of 'the Enlightenment project'. According to MacIntyre, the Enlightenment project which has dominated philosophy for the past three hundred years promised a conception of rationality independent of historical and social context, and independent of any specific understanding of man's nature or purpose. But not only has that promise in fact been unfulfilled, the project is itself fundamentally flawed and the promise could never be fulfilled. In consequence, modern moral and political thought are in a state of disarray from which they can be rescued only if we revert to an Aristotelian paradigm, with its essential commitment, and construct an account of practical reason premised on that commitment. But one of the deepest difficulties with the argument of After Virtue is that the very extent of its critique of the modern world seems to cast doubt on the possibility of any realistic revival under the conditions of modernity of the Aristotelianism which MacIntyre advocates. Especially when we consider we are not only the characters found in our narratives but also we ourselves are the author of our own narratives. Moral pluralism is not seen as disaster but rather as the natural outcome of the activities of human reason under enduring free institutions.

• Korean Journal of Heritage: History & Science
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• v.49 no.1
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• pp.146-165
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• 2016

With the introduction of the system of recognizing masters of craft and performance skills in 1970, the principle of "preserving the original form," which was already in general use, was adopted as a legal principle in the Cultural Heritage Protection Act. While the concept "original form" can be related to tangible elements of heritage through the Act, the intangibility of craft and performance skills does not allow their pinpointing at a particular temporal period or the identification of a particular master from the past as the basis of an original form. Therefore, those craft or performance skills that are available at the point of recognition of relevant masters must serve as the basis of the original form for the intangible heritage concerned. This means that the principle of preserving the original form of intangible heritage has been implemented not based on a fundamental form of materiality, but rather on the craft or performance skills that may be held by a master at the time of his/her recognition as a "temporary original form." This principle has been observed through intangible heritage transmission and education policies for recognized masters and their trainees, contributing to establish an elitist transmission environment in which public were denied to join the education on intangible heritage. Even with policies guided by the principle of preserving the original form, designated craft and performance skills have been transformed contingent upon given social and environmental conditions, thus hindering the preservation of the original form. Despite the intrinsic limitations of the principle of preserving the original form when applied to intangible heritage, this principle has served as a practical guideline for protecting traditional Korean culture from external influences such as modernization and Westernization, and also as an ultimate goal for the safeguarding of intangible heritage, engendering actual policy effects. The Act on the Safeguarding and Promotion of Intangible Cultural Heritage that comes into effect in March 2016 takes the constantly evolving nature of intangible heritage into consideration and resultantly adopts a concept of "essential form" (jeonhyeong) in place of "original form" (wonhyeong). This new concept allows for any transformations that may take place in the environment surrounding the intangible heritage concerned, and is intended to mitigate the rigidity of the concept of "original form." However, it should be noted that "essential form," which is manifested as the unique significance, knowledge, and skills delivered by the intangible heritage concerned, should be maintained according to the guidelines and principles related to heritage conservation. Therefore, the new concept can be understood not as a rupture, but more as a continuum of the concept of "original form."

• Korean Journal of Heritage: History & Science
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• v.43 no.2
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• pp.40-59
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• 2010

Anssolim is the unique technique which standing columns lean in a inward direction of buildings in traditional architecture, which has not been thoroughly investigated to this day. With a dearth of previous studies, the anssolim technique can only be examined through detailed three-dimensional surveys. The main halls of Korean palaces can be seen as buildings that were built with the regulations of the day in mind, making them excellent research subjects when studying the anssolim technique. The findings can be summarized as follows. 1. In the main halls that were studied, anssolim was applied most to main space (eokan) columns, then lessened for peripheral columns. 2. The largest second-floor cheoma columns were placed inward in the eokan, then became smaller as with the peripheral columns. In the case of the eokan, the columns were arranged according to the size of the anssolim. 3. The second-floor cheoma column anssolim in the middle-floor main hall were generally a third or a quarter of the size of those on the first floor. As on the first floor, the largest anssolim were applied to the eokan columns, then became gradually smaller towards the periphery columns. 4. In the palace main halls, the largest anssolim were used for the eokan columns, and became smaller with the peripheral columns. This unique structure can be seen to be a Korean technique that deviates from the Chinese "Yingzaofashi(營造法式)" techniques. Although this study is limited in that it only studies the main hall of Korean palaces, it is significant in that it shed new light on the technological implications of the anssolim technique, and can be used as important data for research into the history of technology. Although this type of data is difficult to extrapolate, it has been made as accurate as possible by minimizing the margin of error in the data for the palaces that were actually studied.

• Korean Journal of Heritage: History & Science
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• v.37
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• pp.405-444
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• 2004

The Cultural Heritage Committee is an advisory committee established under the Cultural Heritage Administration with the aim of carrying out examination and deliberation on preservation, management and use of cultural heritage. The Cultural Heritage Administration is the highest administrative organization in terms of Korean cultural heritage. It was founded to produce and execute policies on cultural heritage, an important task that requires a high level of specialized knowledge, skills and academic expertise. It involves in-depth investigation and consultation of experts in the field of cultural heritage. An organization consisting of distinguished experts, the Cultural Heritage Committee plays an important role in policymaking on cultural heritage of Korea. The Korean government established the Bureau of Cultural Heritage in October 1961, and enacted provisions (as a presidential decree) on the organization on March 27, 1962, according to the Cultural Heritage Act established on January 10 of the same year. The Cultural Heritage Committee was opened as a deliberation committee according to the law, on which currently 90 members serve in 8 subcommittees. The term of office of a committees member is two years. The deliberation of the committee, which covers the entire range of cultural heritage, including their designation and cancellation, is normally concluded by the deliberation and decision of each subcommittee. This study aims to analyze of the survey of the Cultural Heritage Committee as the highest organ for the deliberation of policies on the matters of cultural heritage. The subject of the analysis in this study is a questionnaire survey that was conducted between Oct. 20 and Nov. 29, 2003, of 116 former and current members of the committee.

• Korean Journal of Heritage: History & Science
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• v.52 no.2
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• pp.38-61
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• 2019

Up until the early twentieth century in Germany, there were two research trends: 1) emphasizing objectives and making detailed observations of archaeological artifacts and sites, 2) tracing the remains of specific nations or ethnic groups and defining their temporal-spatial boundaries by conducting research on material culture in terms of nationalism or ethnocentrism. After the Second World War ended and Germany was divided, West German archaeology focused on observations of artifacts and sites, cataloging them, and doing research on chronology and distribution following their own traditional methodologies. East German archaeology attempted to prove the developing process of history and its Marxist principles based upon material culture and to examine the historic value of inherent specific cultural heritage based on criteria regarding how it corresponded to socialism and contributed to the development of socialism. Nevertheless, East and West German archaeology shared traditional archaeological methods inherited from German archaeology since the nineteenth century, and contact between archaeologists in West and East Germany continued to a degree. Furthermore, East German archaeology produced significant archaeological achievements acknowledged by West German and European archaeologists. These facts provided the momentum to complete rapid incorporation of the archaeologies of West and East Germany in spite of a one-sided process imposed by West German archaeology. In the case of Korea, it seems necessary to make an effort to share common research history and traditions and to encourage mutual academic exchange (e.g. joint excavation and archaeological research). Furthermore, it is also imperative to have open-minded attitudes toward accepting substantial results and interpretations achieved by North Korean archaeologists under scrutiny when and where necessary, despite seeming to have been fossilized by Marxism and Juche ideology. Any efforts to narrow the gap in archaeological research and conservation of cultural heritage between the archaeologies of South and North Korea should be made immediately. The case of Germany demonstrates how such a project could proceed efficaciously.

• Journal of Food Hygiene and Safety
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• v.34 no.3
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• pp.219-226
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• 2019

This study was conducted to understand the overall status of the monitoring program for pesticide residues in foods of South Korea. Further propositions for its improvement were made, and from this study, the status on this program can be summarized as follows. In South Korea, the Ministry of Food and Drug Safety (MFDS) is responsible for overall control of pesticide residue monitoring. Depending on the time of monitoring (sampling at distribution or production step), the government agency responsible for monitoring is different: MFDS, Regional Offices of Food and Drug Safety and local governments are responsible for monitoring of foods at the distribution step, while the National Agricultural Products Quality Management Service (NAQS) and local governments are responsible for monitoring of foods in the production step (partially at sale and distribution steps). According to purpose of monitoring, domestic monitoring programs could be divided into two types: MFDS's "Residue Survey" and NAQS's "National Residue Survey" are conducted mainly for risk assessment purposes and various monitoring programs by the Regional Offices of Food and Drug Safety and local governments are conducted mainly for regulation purposes. For imported foods, monitoring should be conducted at both steps of customs clearance and distribution: the MFDS and the Regional Offices of Food and Drug Safety are responsible for the former, and for the latter, local governments are also responsible. However, it appeared that systematic and consistent monitoring programs are not being conducted for imported foods at the distribution step. Based on the information described above and more detailed information included in this paper, the following proposals for improving the monitoring program were forwarded: i) further clarification of monitoring program purpose, ii) strengthening of the monitoring program for imported foods, iii) providing the public with monitoring results by publication of an annual report and database. It is thought that exhaustive review on the pesticide residue monitoring program and efforts for its improvement are needed in order to assure both food safety and the success of the recently begun positive list system (PLS).

• Journal of Intelligence and Information Systems
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• v.27 no.3
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• pp.199-230
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• 2021

Innovative new products and services are being launched through the convergence between heterogeneous industries, and social interest and investment in convergence industries such as AI, big data-based future cars, and robots are continuously increasing. However, in the process of commercialization of convergence new products and services, there are many cases where they do not conform to the existing regulatory and legal system, which causes many difficulties in companies launching their products and services into the market. In response to these industrial changes, the current government is promoting the improvement of existing regulatory mechanisms applied to the relevant industry along with the expansion of investment in new industries. This study, in these convergence industry trends, aimed to analysis the existing regulatory system that is an obstacle to market entry of innovative new products and services in order to preemptively predict regulatory issues that will arise in emerging industries. In addition, it was intended to establish a regulatory impact analysis system to evaluate adequacy and prepare improvement measures. The flow of this study is divided into three parts. In the first part, previous studies on regulatory impact analysis and evaluation systems are investigated. This was used as basic data for the development direction of the regulatory impact framework, indicators and items. In the second regulatory impact analysis framework development part, indicators and items are developed based on the previously investigated data, and these are applied to each stage of the framework. In the last part, a case study was presented to solve the regulatory issues faced by actual companies by applying the developed regulatory impact analysis framework. The case study included the autonomous/electric vehicle industry and the Internet of Things (IoT) industry, because it is one of the emerging industries that the Korean government is most interested in recently, and is judged to be most relevant to the realization of an intelligent information society. Specifically, the regulatory impact analysis framework proposed in this study consists of a total of five steps. The first step is to identify the industrial size of the target products and services, related policies, and regulatory issues. In the second stage, regulatory issues are discovered through review of regulatory improvement items for each stage of commercialization (planning, production, commercialization). In the next step, factors related to regulatory compliance costs are derived and costs incurred for existing regulatory compliance are calculated. In the fourth stage, an alternative is prepared by gathering opinions of the relevant industry and experts in the field, and the necessity, validity, and adequacy of the alternative are reviewed. Finally, in the final stage, the adopted alternatives are formulated so that they can be applied to the legislation, and the alternatives are reviewed by legal experts. The implications of this study are summarized as follows. From a theoretical point of view, it is meaningful in that it clearly presents a series of procedures for regulatory impact analysis as a framework. Although previous studies mainly discussed the importance and necessity of regulatory impact analysis, this study presented a systematic framework in consideration of the various factors required for regulatory impact analysis suggested by prior studies. From a practical point of view, this study has significance in that it was applied to actual regulatory issues based on the regulatory impact analysis framework proposed above. The results of this study show that proposals related to regulatory issues were submitted to government departments and finally the current law was revised, suggesting that the framework proposed in this study can be an effective way to resolve regulatory issues. It is expected that the regulatory impact analysis framework proposed in this study will be a meaningful guideline for technology policy researchers and policy makers in the future.

• Journal of Legislation Research
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• no.55
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• pp.95-136
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• 2018

Marriage forms a minimal social unit. Marriage can affect not only relative relationship but also possession of property. Regarding legal issues related to marriage, mainly the civil law, especially the family law section, regulates. However, marriage has also a significant legal effect in terms of taxation. This article deals with the taxation of gift tax among them. In Korea, if you give more than 600 million won in assets to your husband and wife, the donee must pay the gift tax. However, there has been little research into the influence of the marital property system on the taxation of gift tax on the donation between married couples. There are two legislative approaches to the attribution of property held by married couples. The one is separate property system, the other is community property system. Under separate property system, husband and wife own property separately. The community property system recognizes marital property of married couple as a common property of married couple. The legal property system in Korea is separate property system. However, married couples can adopt the community property system as a marital property system by their agreement. Currently, most Korean couples are subject to separate property system as a marital property system. There is no legal problem to levy the gift tax on the donation between couples who are subject to separate property system. The problem is the donation of asset between couples who are subject to the community property system. In community property system, most property acquired during marriage (except for gifts or inheritances) is considered community property. community property means property owned jointly by both partners. Some argue that the gift tax can not be taxed between married couples who are subject to the community property system. In this paper, we examine whether these arguments are valid.

• (The)Study of the Eastern Classic
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• no.49
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• pp.161-185
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• 2012

This thesis reorganized the life of Mrs. Yun who was a noble woman in the middle of the Joseon period with main material of Seopo, Kim, Man Joong(1637-1692)'s "Seonbijungkyungbuinhaengjang(先?貞敬夫人行狀)" and considered yeosa(女師)'s image of noble woman embodied by her son. Although women who were remarkable in premodern period nurtured their son well and they became excellent, it's easy that the life of their mother can be hidden by sons' shadow. Luckily, materials of Mrs. Yun were kept by her descendants, so people could analogize how she could endure difficulties and how she educate her children. In a word, the life of Mrs. Yun can be yeosa(女師)'s life. She was born as a only daughter of the best ancestry in the period and grown to be a considerable woman with strong will and discipline under the strict training of her grandmother, Junghye Ongju. And then, she married Gwangsan Kimmun, the best literature house of Joseon period, but her husband, Kim, Ik Kyum was died by unexampled difficulty, Byungjahoran. During the tribulation, Mrs. Yun was in charge of not only parents supporting but also two sons' education excellently. She educated not only her children but also grandchildren and nephews around her, so she had extraordinary passion and sincerity for the education. As the result, she enjoyed a glory that two sons and grandchildren became on daejehak. Mrs. Yun was living with thrift and saving continuously regardless of her circumstances. When her granddaughter became inkyungwanghoo who is a wife of sookjong, she didn't kick her common habit and trained strictly the mind of family members who could be easily in disorder. In spite of the richness, he obeyed manners and showed thrift and saving continuously and thoroughly. When there was a crisis in her family, the first son, Kim, Man Ki was died and the second son, Kim, Man Joong and grandson went into exile during the continuous political upheaval. But, she supported her house, obeyed the rules and promised the future. At that time, she continuously encouraged grandchildren and the eldest grandsons of the head family to study without any stop for themselves in spite of the difficulties. Mrs. Yun pursued truly valuable life. She considered that the life which didn't get praised by other people wasn't valid although he or she lived a pleasant life in luck and richness. Mrs. Yun was a true teacher yeosa (女師) who placed a true value on the life enduring hardship and poorness without fear and becoming an example of other people.

• The Korean Society of Law and Medicine
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• v.21 no.2
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• pp.209-244
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• 2020

TMS and tDCS are non-invasive devices that treat the diseases of patients or individual users, and manage or improve their health by applying stimulation to a brain through magnetism and electricity. The effect and safety of these devices have proved to be valid in several diseases, but research in this area is still much going on. Despite increasing cases of their application, legislations directly regulating TMS and tDCS are hard to find. Legal regulation regarding TMS and tDCS in the United States, Germany and Japan reveals that while TMS has been approved as a medical device with a moderate risk, tDCS has not yet earned approval as a medical device. However, the recent FDA guidance, European MDR changes, recalls in the US, and relevant legal provisions of Germany and Japan, as well as recommendations from expert groups all show signs of tDCS growing closer to getting approved as a medical device. Of course, safety and efficacy of tDCS can still be regulated as a general product instead of as a medical device. Considering multiple potential impacts on a human brain, however, the need for independent regulation is urgent. South Korea also lacks legal provisions explicitly regulating TMS and tDCS, but they fall into the category of the grade 3 medical devices according to the notifications of the Korean Ministry of Food and Drug Safety. And safety and efficacy of TMS are to be evaluated in compliance with the US FDA guidance. But no specific guidelines exist for tDCS yet. Given that tDCS devices are used in some hospitals in reality, and also at home by individual buyers, such a regulatory gap must quickly be addressed. In a longer term, legal system needs to be in place capable of independently regulating non-invasive brain stimulating devices.