• Journal of Korea Fair Competition Federation
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• no.150
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• pp.14-29
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• 2010

비록 부정경쟁방지법의 제정 목적이 부정경쟁행위 등의 방지를 통하여 건전한 거래질서를 유지한다는 의미의 경쟁체제 확립에 있기는 하지만, 우리나라의 경우는 법 제정 당시와는 달리 사실상 산업스파이에 대한 영업비밀의 보호나 주지의 상표 영업표지의 보호와 같은 지적재산권의 보호 법률로서의 역할로 점차 변화하고 있고, 특히 부정경쟁방지법이 주지의 상표에 대한 출처의 혼동에 대한 규제뿐만이 아니라 별도로 저명상표의 희석화(稀釋化) 방지라는 법익, 이에 더 나아가 도메인 네임(Domain Name)의 선점과 원산지 및 품질의 오인(誤認) 야기행위, 주지 저명한 타인의 디자인(Design), 캐릭터(Character)와 같은 상품의 표지에 이르기까지 지적재산권과 관련된 보다 넓은 법익의 보호까지 수행하게 되면서 그 기능은 날로 강화되고 있는 상태이다. 이에 반하여 부정경쟁방지법상의 부정경쟁행위 자체에 대한 규제는 사실상 주지 저명한 타인의 상표나 상품표지의 식별력이나 출처표시기능 등의 보호라는 의미의 분쟁수준을 넘지 못하고 있어, '경쟁법'으로서의 역할은 상대적으로 미약해지고 있는 것 또한 현실이다. 또한, 공정거래법 제23조 제1항 제8호를 비롯하여 현행 공정거래법상의 불공정거래행위에 대한 규정체제를 살펴보면, 해석 여하에 따라서는 부정경쟁방지법상의 부정경쟁행위가 대부분 공정거래법상의 불공정거래행위의 범위 내로 포섭될 수도 있는 상황이기도 하다. 이에 양 법률의 성격과 역할, 앞으로 나아가야 할 방향을 고민하지 않을 수 없고, 이와 같은 논의는 발전적 입법론으로서의 가치를 갖는다. 물론 불공정거래행위(부정경쟁행위)에 대한 규제에 있어서 반드시 독일법체계에 따를 것인지 아니면 미국의 경우를 따를 것인지에 대한 선택 자체가 논리적으로 양립 불가능한 것은 아닐 것이지만 우리나라의 경우는 1980년 "독점규제 및 공정거래에 관한 법률"이 제정되는 과정에서 당시 부정경쟁방지법에 담겨 있던 기존의 부정경쟁행위에 대한 규정과 공정거래법상의 불공정거래행위와의 경합이나 중복문제는 마땅히 검토되었어야 했음에도 불구하고 공정 거래법의 제정과정에서 사실상 부정경쟁방지법의 존재 자체가 간과되어 오늘에 이르고 있다. 그동안 양 법률상의 규정 중복이나 충돌을 정식으로 문제 삼았던 바는 없었지만 '발전적 입법론' 이라는 차원에서 살펴 보면 부정경쟁방지법상의 부정경쟁행위에 대한 규제는 앞으로 공정거래법체계 내의 불공정거래행위로 포섭할 필요가 있고 이를 통하여 경쟁정책의 전문 전담기구로서 불공정거래행위에 대한 규제의 중심에 서 있는 공정거래위원회를 중심으로 효율적이고 통일적인 경쟁정책을 확립을 기대하여 볼 수 있을 것이다. 이 과정에서 공정거래법의 변화 또한 뒤따라야 하는데, 부정경쟁방지법상의 부정경쟁행위의 편입에 따라 불공정거래행위에 대한 규정 일부를 알맞게 다시 수정하는 것에 그치지 않고, 기존 부정경쟁방지법이 인정하고 있었던 사인간(私人間) 금지 또는 예방청구권 또한 공정거래법으로 그대로 편입되는 방향으로의 입법 개선이 이루어질 필요가 있으며, 그동안 '부정경쟁방지법의 공정거래법으로의 편입문제'와는 전혀 무관하게 공정거래법의 사적 구제 및 사소(私訴)의 활성화 차원의 논의로서 공정거래법상 사인간 금지청구권의 도입 여부가 검토되어 왔지만, 앞으로 이 문제는 부정경쟁방지법상 부정경쟁행위의 공정거래법체계 내로의 편입문제와 함께 이를 포함한 더욱 큰 논의로서 다시 적극적으로 검토될 필요가 있다고 본다. 이를 통하여 앞으로 부정경쟁방지법은 특허청을 중심으로 산업스파이에 대한 규제나 영업비밀의 보호와 기타 지적재산권의 보호에 온 힘을 다하고, 공정거래법은 공정거래위원회를 중심으로 불공정거래행위 (부정경쟁행위에 대한 보다 포괄적이고 통일적인 규제를 담당하여 '선택과 집중' 이라는 차원의 각 법률체계의 한 차원 높은 발전 또한 기대해 볼 수 있을 것으로 확신한다. 이러한 합의점을 시작으로 미시적인 다음 단계의 논의에 해당하는 사인간 금지청구권의 허용범위나 허용요건, 남용을 방지하기 위한 제도적 장치, 단체소송 등의 허용 여부 등의 논의도 함께 하여야 할 것이고, 이 과정에서 미국의 클레이튼법(Clayton Act)이나 가까운 일본의 입법례를 참고하여 우리의 실정에 맞는 규제의 틀을 마련함이 타당할 것이고, 이를 통하여 궁극적으로 그동안 공정거래법의 사적 집행의 활성화를 통한 경쟁질서의 확립의 강화라는 이상에 더욱 가까워질 수 있는 좋은 입법적 변화의 모습을 볼 수 있을 것이라 생각한다.

• Archives of design research
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• v.18 no.3 s.61
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• pp.117-128
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• 2005

The French Belle Epoque is a period where the literary and artistic movement was very activated. The birth of the cubism reflects this atmosphere of the times and the change of paradigm in all fields. The Bergsonism is often designated as one of the important backgrounds of cubism. The problem consists in knowing if Bergsonian ideas gave real influence on the cubist movement and up to what point. Our analysis will show that it is not homogenous and very variable according to painters. In the case of Picasso and Braques it seems be a simple inspiration of Zeitgeist. But the influence upon Metzinger and Gleizes is explicit. The text of 1912, Du cubism, prove their attachment to his thought. The key concept of cubist theory, influenced by Bergsonian philosophy, is the concept of simultaneity. Cubist simultaneity is in one hand a reflection of an artist's psychological experience and the other hand a synthesis of multiple views for grasping the object in itself by the way of conceptual representation. The temporal simultaneity could be identified with the notion of memory, which is a temporal continuity connecting the past to dynamic present. The spatial simultaneity is a juxtaposition of multiple views obtained by the movement around the object. But the dose reading of Bergson's text shows that there is a divergence between the notion of cubist simultaneity and his ideas. The biased interpretation is often, as well as the strict understanding, like the history shows us well, a great source of inspiration and creativity. The cubist mouvement is not far from this case.

• Journal of the Korean Institute of Landscape Architecture
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• v.43 no.2
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• pp.87-104
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• 2015

As the influence of Landscape Urbanism has grown, various criticisms on the discourse also have increased. A study on critical opinions of Landscape Urbanism is necessary to fully comprehend the theoretical structure of the discourse and its limitations. This study introduced the concept of Intension and Extension, which is used in the field of Logics and Semiotic, as an analytical tool to interpret various criticisms based on different views in a more objective and synthetic way. After examining the development of criticisms of Landscape Urbanism, 30 texts with important critiques on the theory were selected and analyzed. Criticisms can be classified as internal criticism and external criticism according to specific topics they are engaged with. The study only covers internal criticism as a research scope. The internal criticisms on Landscape Urbanism are re-categorized into topics of theory, practice and the relation between theory and practice. Vagueness of concepts and error in concepts are two types criticism related to the issue of theory. Lexical Ambiguity and Intensional Vagueness are the main causes of conceptual vagueness in Landscape Urbanism. Conceptual vagueness related with the problem of redefining an existing concept through expanding its meaning reveals a structural dilemma. There are three types of criticism included in the topic of practice: absence of practical results, form-oriented practice, and ambiguous identity in practical results. Ambiguous identity is caused by Extensional Vagueness allowing borderline cases. Because these borderline cases overlap with extensions of landscape architecture, it is hard to differentiate projects of Landscape Urbanism and those of conventional landscape architecture. Most criticisms on the relation between theory and practice raise the question on the practical method. Two types of criticism are engaged with the topic of the practical method: errors in practical methods and absence of practical methods. The absence of practical methods is a fundamental problem of Landscape Urbanism which is hard to solve by the proposed solutions. However, these structural problems are not only the weak point but also the factor that is able to prove the potentials expand the scope of Landscape Urbanism. In addition to the results of the study, internal criticisms on Landscape Urbanism should be examined in the following studies in order to predict the next direction of Landscape Urbanism.

• Journal of Science and Technology Studies
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• v.4 no.2 s.8
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• pp.67-101
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• 2004

Although the study of citation patterns is an important theme within the sociology of science, due to the fact that it is intimately related to the production, reproduction, and evaluation of knowledge, only sustained theoretical research outlining the differences of citation patterns between the hard and soft sciences has been conducted, and empirical studies nevertheless remain few and far between. The perspectives of institutionalism and constructivism have to attempted to explain different citation patterns between the hard and soft sciences as a contrast between 'what one says' and 'who one is'. Therefore, against this background this study examines the 'theoretical' controversy empirically by comparing the contrasting citation patterns of physics, as a representative of hard science, and sociology, as a representative of soft science. The results, in brief, are as follows: the citaton patterns in physics, as in sociology, vary according to the author's status within the hierarchical employment structure, i. e. whether s/he is a full-time lecturer or not, but diversity of citation patterns according to Ph. D. diploma area is unique to sociology. These results would suggest that the explanation of constructivism is more relevant in explaining variance according to the author's status in the employment hierarchy, but the approach of institutionalism is more appropriate to understanding variance due to Ph. D. diploma area. Furthermore, this implies the complex diversity of the citation patterns between the hard and soft sciences, pointing us to the more qualified conclusion that rather than having to choose between institutionalism and constructivism according to a mutually exclusive either/or logic, these two approaches can in fact be mutually complementary, and these approaches should also be applied piecemeal to different levels of phenomena. In conclusion, this comparative research enables us to assert the following two claims: firstly that physics, as a 'science in society', produces knowledge dependent on social context, and secondly that it also possesses a characteristic that transcends locality from the view of a sociology of knowledge.

• Journal of Legislation Research
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• no.41
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• pp.367-399
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• 2011

This Article examines the regulation of outsider trading under the Financial Investment Services and Capital Markets Act (the "Capital Markets Act"). Outsider trading occurs when a market participant who is not a traditional corporate insider trades securities based on either "inside" or "outside" nonpublic information. Unlike "inside" information, "outside" information is referred to as information not derived directly or indirectly from the issuer. "Outside" information includes both "corporate" and "market" information. "Corporate information" is information about events or circumstances which affect the company's assets or earning power. "Outside corporate information" is information about the company's assets or earning power not derived directly or indirectly from the issuer. "Market information" is information about events or circumstances which affect the market for a company's securities but which do not affect the company's assets or earning power. The Capital Markets Act prohibits both "temporary insiders" from using "corporate" information in trading securities and "outsiders" from using "market" information, such as (i) information regarding the initiation or discontinuance of a tender offer; or (ii) information regarding acquisition or disposition of stocks in bulk. However, the Act does not encompass circumstances (i) where an outsider trades securities based on confidential corporate information obtained through certain types of wrongful conduct; (ii) where an outsider trades securities based on corporate information obtained through eavesdropping; and (iii) where an outsider trades securities based on either outside corporate information or market information created by the outsider himself. In order to plug a few of the gaps left open in the law of outsider trading under the Capital Markets Act, this Article suggests that regulators adopt a relatively broad reading of the scope of ${\S}$ 178(1) of the Act, which is similar to SEC Rule 10b-5, to include outsiders with no relationship to the corporation that had issued the securities. Since ${\S}$ 178(1) of the Act does not require "deception" for liability, it would seem to evade the limitations imposed by the U.S. misappropriation theory. Key Words : Outsider Trading, Insider Trading, Material Nonpublic Information, the Capital Markets Act, Misappropriation Theory, Fiduciary Theory.

• Korean Journal of Heritage: History & Science
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• v.39
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• pp.165-189
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• 2006

The purpose of this study is to examine process and organization of local government-managed construction by reviewing official documents and materials in regard to the official residences and castles officially constructed in Dongnae in the 19c Chosun Dynasty. Results of this study can be described as follows. 1) The construction of official residences requires exchanges of official documents among upper and lower governmental agencies concerned. Previously prepared for some 1 or 2 months, the construction was proceeded through proceeded from Paok to Gaegi, Ipju, Sangryang, Gaeok and to Iptaek. Such construction was carried out independently and concurrently Gijang and Yangsan neighboring Dongnae provided cooperation by way of supplying labor and timbers. 2) Dongnaebu castle was constructed under local autonomy system, like other government-oriented works, as governor of Dongnae became responsible for defending such establishment in 1739. The castle was built up in 1731 as an establishment with 6 gated and 15 forts. Directly controlled by governor of Dongnae, the castle continued to be partially repaired until the 19th century. Under the regime of Daewongun, the castle was enlarged and extended for military strengthening. Besides the gate having double-gated structure for the outside wall, the other five gates came to have bastions and 30 forts were additionally established, dramatically changing the structure of the castle as whole. 3) Government-managed construction was often implemented by an organization whose members included local government officials, lower administrative agencies and local influential persons. The construction of official residences was implemented by Gamyeokdogam which was headed by Jwasu of Hyangcheong. In the construction, chief of military officials became supervisor, who was responsibly supported by Saekri. The construction of castled were divided into several works, for example, establishments of fortress, tower gate and quarrying stone were implemented by the organization of Paejang, Gamkwan and Saekri. As a military official, Gamkwan supervised the construction. Saekri was in charge of related internal affairs. Paejang was an technical expert leading several workers. The construction of castles in 1870 were organized as a general rule having particularity of social conditions on Dongnae.

• Journal of the Daesoon Academy of Sciences
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• v.39
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• pp.69-97
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• 2021

'Déconstruction' is a system of thought that induces the emergent property that characterizes contemporary philosophy. The tradition of ancient Greek philosophy evolved over and over again, giving rise to the Renaissance and Enlightenment. It seemed to have reached its end under the historical perspective of modernity. However, contemporary philosophy wanted to see more possibilities through the deconstruction of modern philosophy. If modern philosophy dreams of a strange cohabitation between God and man with the humanistic completion of Plato's philosophy, modern philosophy rejects even that through deconstruction. Although Plato's classical metaphysics is a stable system centered around the absolute, it is ultimately based on God and religion. Under that system, human autonomy is only the autonomy bestowed by God. Contemporary philosophy is one of the results of efforts that try to begin philosophy from the original human voice through deconstruction. Instead of epistemology dependent on metaphysics, they wanted to establish epistemology from human existence and realize the best good that would set humans free through deconstruction. As such, it is no mistake to say that deconstruction is also an extension of the modern topic of human freedom. Deconstruction and human freedom act as one body in that the two cannot be separated from each other. Oddly enough, Daesoon Thought, which seems to have religious faith and traditional conservatism as main characteristics, has an emergent property that encompasses modern and contemporary times. The period of Korea, when Kang Jeungsan was active and founded Daesoon Thought, has an important meaning for those who have a keen view of history. Such individuals likely think that they have found a valuable treasure. This is because that period was a time when ideological activities were conducted due to an intense desire to discover the meaning of human freedom and envision a new world without copying the ways of the West. Instead they looked to face internal problems and raise people's awareness through subjectivity. In other words, the subtle ideas created by Korea's self-sustaining liberalism often take the form of what is commonly called new religions in modern times. Among these new religions, Daesoon Thought, as a Chamdonghak (true Eastern Learning), aims to spread a particular modern value beyond modern times through the concept of Haewon (the resolution of grievances) that was proclaimed by Jeungsan. The Haewon espoused in Daesoon Thought is in line with the disbandment of modern philosophy in that it contains modernity beyond modern times. First, Haewon means to resolve the fundamental resentment of human existence, which arose from Danju's grievance. Secondly, Haewon in Daesoon Thought encompasses the Haewon of the Three Realms of Heaven, Earth, and Humanity centers on a Haewon-esque style of existence called Injon (Human Nobility). Haewon in Daesoon Thought can be understood in the same context as Derrida's philosophy of Deconstruction. Modern deconstruction attempts to expose the invisible structures and bonds within human society and attempt to destroy them. In a similar way, Haewon endeavors to resolve the conflicts among the Three Realms by releasing the bonds of fundamental oppression that hinder the Three Realms of Heaven, Earth, and Humanity.

• The Korean Society of Law and Medicine
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• v.23 no.3
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• pp.139-207
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• 2022

As various state restrictions on individual freedom were imposed during the COVID-19 pandemic, concerns have been raised that excessive infringements on fundamental rights were indiscriminately permitted based on the public interest of preventing infectious diseases. Therefore, the question of how to set acceptable limits of liberty restrictions on individuals has emerged. However, since the phenomenon of infections spreading to the population is only predicted statistically, how to deal with the risk of the infected individual as a subject of legal analysis has become a problem. In the absence of a theoretical framework of legal analysis of risk, the risk of infected individuals during the pandemic was not analyzed strictly, and proportionality review of infection prevention measures was often only an abstract comparison of the importance of public interest and individual rights. Therefore, this research aims to conduct a theoretical review on how risk can be conceptualized legally in a public health crisis, and to develop a theoretical framework for proportionality review of the risk of liberty-limiting measures during a pandemic. Chapter 2 analyzes the legal philosophical concepts of risk, which are the basis for liberty restrictions during a public health crisis, and applies and extends them to the pandemic. Chapter 3 reviews previous studies related to liberty restriction measures in the context of the COVID-19 pandemic, and points out they have a limitation that specific criteria for the proportionality review of public health measures in the pandemic have not been presented. Accordingly, Chapter 3 specifies the methodological framework for proportionality review, referring to the theoretical discussion on risks in Chapter 2. Chapter 4 reviews the legitimacy of gathering restriction orders, applying the theoretical discussion in Chapter 2 and the criteria for proportionality review established in Chapter 3. In particular, Section 4 examines logic of proportionality review in judicial precedents over the ban on gathering restrictions implemented in the COVID-19 pandemic. In analyzing the precedents, the logic of proportionality review in each case is critically reviewed and reconstructed based on the theoretical framework presented in this research.

• Journal of the Korean Institute of Landscape Architecture
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• v.50 no.5
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• pp.40-53
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• 2022

This study carried out to provide the methodology and basic status material of using Korean national statistics needed to find the actual state of the landscape architecture industry. The landscape architecture industry was classified into 'Design', 'Construction Management', 'construction', 'Maintenance & Management', 'Materials', 'Research', 'Education', and 'Administration' areas. In each field, business types were systemized and associated in accordance with Korean standard industrial classification and legislations pertinent to construction. Among them, the business types directly defined in the construction related legislations under the Ministry of Land, Infrastructure and Transport were focused on, and the establishment, association, integration, distribution, duplication, and omission of national statistics were analyzed. As a result, the business types of statistical analysis were selected. In order for commonality of statistical items and minimized error of interpretation, semantic analysis was conducted. Finally, the number of registered business types, the number of workers, and sales were selected. Based on them, the analysis framework applicable to fundamental analysis and evaluation of the actual state of the industry was proposed. Actual national statical data were applied for analysis and evaluation. In 2019, the number of registered business types related to the landscape architecture industry was 12,160, the number of workers by business type was 106,296, and the sales by business type were 8,308.5 billion KRW. The number of registered business types and the number of workers had been on the rise from 2017, whereas the sales had been on the decrease. It is required to come up with a plan for industrial development. This study was conducted with the national statistics established by multiple public institutions, so that there are limitations in securing consistency and reliability. Therefore, it is necessary to establish systematic and consistent national statistics in accordance with 「Landscaping Promotion Act」. In the future, it will planned to research application and development plans of national statistics according to subjects including park and green.

• Journal of the Korean Institute of Landscape Architecture
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• v.51 no.4
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• pp.56-75
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• 2023

As of 2019, for the 'Island I Want to Visit' project, Banwol and Bakji Islands, located in Shinan-gun, started color marketing to create a tourist attraction by painting roofs, buildings, and facilities purple. As this landscape change was evaluated as a 'dangerous but beautiful attempt,' it was recognized as the 'World's Best Tourism Village' in 2021, drawing attention from domestic and foreign tourists. However, the residents of the islands, who created and enjoy the benefits of the landscape, were alienated from the planning stage. This study investigated the meanings and symbols of residents' perceptions of the purple landscape. The cultural landscape frame of new cultural geography, which interprets the landscape's symbolic meaning and ideological signs, was utilized. In addition, a holistic approach was applied to understand the residents' perceptions of the multi-layered environment. Therefore, the perception of purple, the main color of the islands, the overall landscape and individual places, and the general perception of the Purple Island project were investigated. After the Purple Islands Project, the main senses for recognizing the villages focused on sight, and the residents were satisfied with the purple landscape as it improved the underdeveloped village environment. This satisfaction was based on lessening the negative memories experienced as an island rather than a value judgment on the purple color. In addition, the perception of the symbolic landscape, which has a social and universal system, has been subdivided and reorganized, including for tourism functions. It can be understood as an aspect of the spectacle landscape that appears in cosmopolitanism. However, in the process of transforming into a tourist attraction, it was discovered that the residents recognize the value of local resources and create a new cultural landscape. In addition, the perception of the relationship between Banwol and Bakji has also changed around tourism.