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Legal Issue in Case of Death or Injury of an International Crew While on Board (국제항공운송 승무원이 항공기내에서 사상(死傷)을 당한 경우 법률관계 - 국내외 판례의 분석을 중심으로 -)

  • Kim, Sun-Ah
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.137-168
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    • 2020
  • Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.

Dynamic Limit and Predatory Pricing Under Uncertainty (불확실성하(不確實性下)의 동태적(動態的) 진입제한(進入制限) 및 약탈가격(掠奪價格) 책정(策定))

  • Yoo, Yoon-ha
    • KDI Journal of Economic Policy
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    • v.13 no.1
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    • pp.151-166
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    • 1991
  • In this paper, a simple game-theoretic entry deterrence model is developed that integrates both limit pricing and predatory pricing. While there have been extensive studies which have dealt with predation and limit pricing separately, no study so far has analyzed these closely related practices in a unified framework. Treating each practice as if it were an independent phenomenon is, of course, an analytical necessity to abstract from complex realities. However, welfare analysis based on such a model may give misleading policy implications. By analyzing limit and predatory pricing within a single framework, this paper attempts to shed some light on the effects of interactions between these two frequently cited tactics of entry deterrence. Another distinctive feature of the paper is that limit and predatory pricing emerge, in equilibrium, as rational, profit maximizing strategies in the model. Until recently, the only conclusion from formal analyses of predatory pricing was that predation is unlikely to take place if every economic agent is assumed to be rational. This conclusion rests upon the argument that predation is costly; that is, it inflicts more losses upon the predator than upon the rival producer, and, therefore, is unlikely to succeed in driving out the rival, who understands that the price cutting, if it ever takes place, must be temporary. Recently several attempts have been made to overcome this modelling difficulty by Kreps and Wilson, Milgram and Roberts, Benoit, Fudenberg and Tirole, and Roberts. With the exception of Roberts, however, these studies, though successful in preserving the rationality of players, still share one serious weakness in that they resort to ad hoc, external constraints in order to generate profit maximizing predation. The present paper uses a highly stylized model of Cournot duopoly and derives the equilibrium predatory strategy without invoking external constraints except the assumption of asymmetrically distributed information. The underlying intuition behind the model can be summarized as follows. Imagine a firm that is considering entry into a monopolist's market but is uncertain about the incumbent firm's cost structure. If the monopolist has low cost, the rival would rather not enter because it would be difficult to compete with an efficient, low-cost firm. If the monopolist has high costs, however, the rival will definitely enter the market because it can make positive profits. In this situation, if the incumbent firm unwittingly produces its monopoly output, the entrant can infer the nature of the monopolist's cost by observing the monopolist's price. Knowing this, the high cost monopolist increases its output level up to what would have been produced by a low cost firm in an effort to conceal its cost condition. This constitutes limit pricing. The same logic applies when there is a rival competitor in the market. Producing a high cost duopoly output is self-revealing and thus to be avoided. Therefore, the firm chooses to produce the low cost duopoly output, consequently inflicting losses to the entrant or rival producer, thus acting in a predatory manner. The policy implications of the analysis are rather mixed. Contrary to the widely accepted hypothesis that predation is, at best, a negative sum game, and thus, a strategy that is unlikely to be played from the outset, this paper concludes that predation can be real occurence by showing that it can arise as an effective profit maximizing strategy. This conclusion alone may imply that the government can play a role in increasing the consumer welfare, say, by banning predation or limit pricing. However, the problem is that it is rather difficult to ascribe any welfare losses to these kinds of entry deterring practices. This difficulty arises from the fact that if the same practices have been adopted by a low cost firm, they could not be called entry-deterring. Moreover, the high cost incumbent in the model is doing exactly what the low cost firm would have done to keep the market to itself. All in all, this paper suggests that a government injunction of limit and predatory pricing should be applied with great care, evaluating each case on its own basis. Hasty generalization may work to the detriment, rather than the enhancement of consumer welfare.

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Dietary Effects of an Animal Fat with High Free- Fatty Acid Content on Feed Utilization and Meat Quality in Broilers (고산가 동물성 지방의 첨가가 육계의 사료이용성과 육질에 미치는 영향)

  • 오미향;지규만;최인숙
    • Korean Journal of Poultry Science
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    • v.12 no.1
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    • pp.7-16
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    • 1985
  • Present experiment was undertaken to compare the effects of two dietary fats whose free fatty acid content was quite different on performances and on meat quality of broilers. Yellow grease or animal fat (trade name) containing 15 or 38.6% free fatty acid, respectively, was added to the broiler starter and finisher diets at levels of 3.0 and 5,0%, respectively. A total of 108, day old, male Maniker(Chunho) broiler chicks was alloted to 3 dietary treatments with 3 replications per treatment and 12 chicks per replication Though control diet was not supplemented with fat, the three dietary groups were made isocaloric and isonitrogenous. All the chicks were ad libitum fed the test diets for 8 weeks. Feed intake and body weight were measured every other week. Shank color was measured at the end of feeding trial by Roche Color Fan. To evaluate meat quality, 7 chicks of mean body weight were selected from each treatment group after the trial. Measurements were made for abdominal fat content, organoleptic scores for thigh and breast, and for contents of total lipids, free fatty acids, iodine values and peroxide values of the breasts. During the period from 0 to 4 weeks of age, the broilers fed the diets added with fats performed the same as those fed the control diet. However, the body weight gam (25%), feed intake (10.8%) and feed efficiency (11.3%) of chicks fed the fat-supplemented diets, during the finisher period (5-8 weeks), appeared significantly improved compared to those of control group (p<0.05). During overall period of 8 weeks, body weight gain, feed intake, and feed efficiency of chicks fed the diets added with fats were, on the average, 16.2. 8.8 and 6.8%, respectively, better than, those of control Monwhile the performance between the chicks fed diets added with the two different fat sources appeared to be of the same tendency. Though the shank pigmentation was not statistically different among the treatments, the chicks fed the fat-supple ented diets tended to have slightly less pigments than the control. Organoleptic scores of thigh or breast of chicks fed the animal fat diet were of the same range as those of the other two groups. The contents of total lipids, free fatty acids, iodine values and peroxide values of breasts from broilers fed the various diets appeared to be in the same ranges among the treatments. The values for control, yellow grease and animal fat groups were 7.77, 6.66 and 6.32% for total lipids, 9.23, 9.7 and 9.31mg oleic acid/g fat for free fatty acids, 65.36, 63.89 and 59.25g/ 100g fat for iodine values, and 9.62, 10.46 and 8.79 meq/kg fat for peroxide values, respect vely. Changes of free fatty acids contents of breast during a storage for 10 da s at 4$^{\circ}C$ were also not different among the dietary groups. From the observations n. this experiment, it seems possible to conclude that the animal fat containing 38.6% free fatty acid can be used as efficiently as yellow grease in broiler diets without any adverse effects on meat quality.

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A STUDY ON THE IONOSPHERE AND THERMOSPHERE INTERACTION BASED ON NCAR-TIEGCM: DEPENDENCE OF THE INTERPLANETARY MAGNETIC FIELD (IMF) ON THE MOMENTUM FORCING IN THE HIGH-LATITUDE LOWER THERMOSPHERE (NCAR-TIEGCM을 이용한 이온권과 열권의 상호작용 연구: 행성간 자기장(IMF)에 따른 고위도 하부 열권의 운동량 강제에 대한 연구)

  • Kwak, Young-Sil;Richmond, Arthur D.;Ahn, Byung-Ho;Won, Young-In
    • Journal of Astronomy and Space Sciences
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    • v.22 no.2
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    • pp.147-174
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    • 2005
  • To understand the physical processes that control the high-latitude lower thermospheric dynamics, we quantify the forces that are mainly responsible for maintaining the high-latitude lower thermospheric wind system with the aid of the National Center for Atmospheric Research Thermosphere-Ionosphere Electrodynamics General Circulation Model (NCAR-TIEGCM). Momentum forcing is statistically analyzed in magnetic coordinates, and its behavior with respect to the magnitude and orientation of the interplanetary magnetic field (IMF) is further examined. By subtracting the values with zero IMF from those with non-zero IMF, we obtained the difference winds and forces in the high-latitude 1ower thermosphere(<180 km). They show a simple structure over the polar cap and auroral regions for positive($B_y$ > 0.8|$\overline{B}_z$ |) or negative($B_y$ < -0.8|$\overline{B}_z$|) IMF-$\overline{B}_y$ conditions, with maximum values appearing around -80$^{\circ}$ magnetic latitude. Difference winds and difference forces for negative and positive $\overline{B}_y$ have an opposite sign and similar strength each other. For positive($B_z$ > 0.3125|$\overline{B}_y$|) or negative($B_z$ < -0.3125|$\overline{B}_y$|) IMF-$\overline{B}_z$ conditions the difference winds and difference forces are noted to subauroral latitudes. Difference winds and difference forces for negative $\overline{B}_z$ have an opposite sign to positive $\overline{B}_z$ condition. Those for negative $\overline{B}_z$ are stronger than those for positive indicating that negative $\overline{B}_z$ has a stronger effect on the winds and momentum forces than does positive $\overline{B}_z$ At higher altitudes(>125 km) the primary forces that determine the variations of tile neutral winds are the pressure gradient, Coriolis and rotational Pedersen ion drag forces; however, at various locations and times significant contributions can be made by the horizontal advection force. On the other hand, at lower altitudes(108-125 km) the pressure gradient, Coriolis and non-rotational Hall ion drag forces determine the variations of the neutral winds. At lower altitudes(<108 km) it tends to generate a geostrophic motion with the balance between the pressure gradient and Coriolis forces. The northward component of IMF By-dependent average momentum forces act more significantly on the neutral motion except for the ion drag. At lower altitudes(108-425 km) for negative IMF-$\overline{B}_y$ condition the ion drag force tends to generate a warm clockwise circulation with downward vertical motion associated with the adiabatic compress heating in the polar cap region. For positive IMF-$\overline{B}_y$ condition it tends to generate a cold anticlockwise circulation with upward vertical motion associated with the adiabatic expansion cooling in the polar cap region. For negative IMF-$\overline{B}_z$ the ion drag force tends to generate a cold anticlockwise circulation with upward vertical motion in the dawn sector. For positive IMF-$\overline{B}_z$ it tends to generate a warm clockwise circulation with downward vertical motion in the dawn sector.

The Relationship between Expression of EGFR, MMP-9, and C-erbB-2 and Survival Time in Resected Non-Small Cell Lung Cancer (수술을 시행한 비소세포 폐암 환자에서 EGFR, MMP-9 및 C-erbB-2의 발현과 환자 생존율과의 관계)

  • Lee, Seung Heon;Jung, Jin Yong;Lee, Kyoung Ju;Lee, Seung Hyeun;Kim, Se Joong;Ha, Eun Sil;Kim, Jeong-Ha;Lee, Eun Joo;Hur, Gyu Young;Jung, Ki Hwan;Jung, Hye Cheol;Lee, Sung Yong;Lee, Sang Yeub;Kim, Je Hyeong;Shin, Chol;Shim, Jae Jeong;In, Kwang Ho;Kang, Kyung Ho;Yoo, Se Hwa;Kim, Chul Hwan
    • Tuberculosis and Respiratory Diseases
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    • v.59 no.3
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    • pp.286-297
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    • 2005
  • Background : Non-small cell lung cancer (NSCLC) is a common cause of cancer-related death in North America and Korea, with an overall 5-year survival rate of between 4 and 14%. The TNM staging system is the best prognostic index for operable NSCLC . However, epidermal growth factor receptor (EGFR), matrix metalloproteinase-9(MMP-9), and C-erbB-2 have all been implicated in the pathogenesis of NSCLC and might provide prognostic information. Methods : Immunohistochemical staining of 81 specimens from a resected primary non-small cell lung cancer was evaluated in order to determine the role of the biological markers on NSCLC . Immunohistochemical staining for EGFR, MMP-9, and C-erbB-2 was performed on paraffin-embedded tissue sections to observe the expression pattern according to the pathologic type and surgical staging. The correlations between the expression of each biological marker and the survival time was determined. Results : When positive immunohistochemical staining was defined as the extent area>20%(more than Grade 2), the positive rates for EGFR, MMP-9, and C-erbB-2 staining were 71.6%, 44.3%, and 24.1% of the 81 patients, respectively. The positive rates of EGFR and MMP-9 stain for NSCLC according to the surgical stages I, II, and IIIa were 75.0% and 41.7%, 66.7% and 47.6%, and 76.9% and 46.2%, respectively. The median survival time of the EGFR(-) group, 71.8 months, was significantly longer than that of the EGFR(+) group, 33.5 months.(p=0.018, Kaplan-Meier Method, log-rank test).. The MMP-9(+) group had a shorter median survival time than the MMP-9(-) group, 35.0 and 65.3 months, respectively (p=0.2). The co-expression of EGFR and MMP-9 was associated with a worse prognosis with a median survival time of 26.9 months, when compared with the 77 months for both negative-expression groups (p=0.0023). There were no significant differences between the C-erbB-2(+) and C-erbB-2 (-) groups. Conclusion : In NSCLC, the expression of EGFR might be a prognostic factor, and the co-expression of EGFR and MMP-9 was found to be associated with a poor prognosis. However, C-erbB-2 expression had no prognostic significance.

Global Cosmetics Trends and Cosmceuticals for 21st Century Asia (화장품의 세계적인 개발동향과 21세기 아시아인을 위한 기능성 화장품)

  • T.Joseph Lin
    • Journal of the Society of Cosmetic Scientists of Korea
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    • v.23 no.1
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    • pp.5-20
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    • 1997
  • War and poverty depress the consumption of cosmetics, while peace and prosperity encourage their proliferation. With the end of World War II, the US, Europe and Japan witnessed rapid growth of their cosmetic industries. The ending of the Cold War has stimulated the growth of the industry in Eastern Europe. Improved economies, and mass communication are also responsible for the fast growth of the cosmetic industries in many Asian nations. The rapid development of the cosmetic industry in mainland China over the past decade proves that changing economies and political climates can deeply affect the health of our business. In addition to war, economy, political climate and mass communication, factors such as lifestyle, religion, morality and value concepts, can also affect the growth of our industry. Cosmetics are the product of the society. As society and the needs of its people change, cosmetics also evolve with respect to their contents, packaging, distribution, marketing concepts, and emphasis. In many ways, cosmetics mirror our society, reflecting social changes. Until the early 70's, cosmetics in the US were primarily developed for white women. The civil rights movement of the 60's gave birth to ethnic cosmetics, and products designed for African-Americans became popular in the 70's and 80's. The consumerism of the 70's led the FDA to tighten cosmetic regulations, forcing manufacturers to disclose ingredients on their labels. The result was the spread of safety-oriented, "hypoallergenic" cosmetics and more selective use of ingredients. The new ingredient labeling law in Europe is also likely to affect the manner in which development chemists choose ingredients for new products. Environmental pollution, too, can affect cosmetics trends. For example, the concern over ozone depletion in the stratosphere has promoted the consumption of suncare products. Similarly, the popularity of natural cosmetic ingredients, the search of non-animal testing methods, and ecology-conscious cosmetic packaging seen in recent years all reflect the profound influences of our changing world. In the 1980's, a class of efficacy-oriented skin-care products, which the New York Times dubbed "serious" cosmetics, emerged in the US. "Cosmeceuticals" refer to hybrids of cosmetics and pharmaceuticals which have gained importance in the US in the 90's and are quickly spreading world-wide. In spite of regulatory problems, consumer demand and new technologies continue to encourage their development. New classes of cosmeceuticals are emerging to meet the demands of increasingly affluent Asian consumers as we enter the 21st century. as we enter the 21st century.

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A Study on the Problems and Resolutions of Provisions in Korean Commercial Law related to the Aircraft Operator's Liability of Compensation for Damages to the Third Party (항공기운항자의 지상 제3자 손해배상책임에 관한 상법 항공운송편 규정의 문제점 및 개선방안)

  • Kim, Ji-Hoon
    • The Korean Journal of Air & Space Law and Policy
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    • v.29 no.2
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    • pp.3-54
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    • 2014
  • The Republic of Korea enacted the Air Transport Act in Commercial Law which was entered into force in November, 2011. The Air Transport Act in Korean Commercial Law was established to regulate domestic carriage by air and damages to the third party which occur within the territorial area caused by aircraft operations. There are some problems to be reformed in the Provisions of Korean Commercial Law for the aircraft operator's liability of compensation for damages to the third party caused by aircraft operation as follows. First, the aircraft operator's liability of compensation for damages needs to be improved because it is too low to compensate adequately to the third party damaged owing to the aircraft operation. Therefore, the standard of classifying per aircraft weight is required to be detailed from the current 4-tier into 10-tier and the total limited amount of liability is also in need of being increased to the maximum 7-hundred-million SDR. In addition, the limited amount of liability to the personal damage is necessary to be risen from the present 125,000 SDR to 625,000 SDR according to the recent rate of prices increase. This is the most desirable way to improve the current provisions given the ordinary insurance coverage per one aircraft accident and various specifications of recent aircraft in order to compensate the damaged appropriately. Second, the aircraft operator shall be liable without fault to damages caused by terrorism such as hijacking, attacking an aircraft and utilizing it as means of attack like the 9 11 disaster according to the present Air Transport Act in Korean Commercial Law. Some argue that it is too harsh to aircraft operators and irrational, but given they have also some legal duties of preventing terrorism and in respect of helping the third party damaged, it does not look too harsh or irrational. However, it should be amended into exempting aircraft operator's liability when the terrorism using of an aircraft by well-organized terrorists group happens like 9 11 disaster in view of balancing the interest between the aircraft operator and the third party damaged. Third, considering the large scale of the damage caused by the aircraft operation usually aircraft accident, it is likely that many people damaged can be faced with a financial crisis, and the provision of advance payment for air carrier's liability of compensation also needs to be applied to the case of aircraft operator's liability. Fourth, the aircraft operator now shall be liable to the damages which occur in land or water except air according to the current Air Transport Act of Korean Commercial Law. However, because the damages related to the aircraft operation in air caused by another aircraft operation are not different from those in land or water. Therefore, the term of 'on the surface' should be eliminated in the term of 'third parties on the surface' in order to make the damages by the aircraft operation in air caused by another aircraft operation compensable by Air Transport Act of Korean Commercial Law. It is desired that the Air Transport Act in Commercial Law including the clauses related to the aircraft operator's liability of compensation for damages to the third party be developed continually through the resolutions about its problems mentioned above for compensating the third party damaged appropriately and balancing the interest between the damaged and the aircraft operator.

A Study on Garden Design Principles in "Sakuteiki(作庭記)" - Focused on the "Fungsu Theory"(風水論) - (「사쿠테이키(作庭記)」의 작정원리 연구 - 풍수론(風水論)을 중심으로 -)

  • Kim, Seung-Yoon
    • Journal of the Korean Institute of Landscape Architecture
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    • v.41 no.6
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    • pp.1-19
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    • 2013
  • This study tries to review 'Sakuteiki(作庭記)', the Book of Garden Making, compiled at the end of the 11th Century during the Heian Period of Japan, from the East-Asian perspective. 'Sakuteiki' is a Garden Theory Book, the oldest in the world as well as in Asia, and it contains the traditional knowledge of Japanese ancient garden culture, which originated from the continent(Korea and China). Traditional knowledge related to East-Asian garden culture reviewed in this paper is "Fungsu Theory"(風水, Asian traditional ecology: Fengshui in Chinese; Fusui in Japanese), stemmed from the culture to seek sound and blessed places to live in. Viewed from modern landscape architecture, the Fungsu Theory corresponds to ecology(science). The Fungsu Theory was established around the Han Dynasty of China together with the Yinyangwuxing(陰陽五行) Theory and widely used for making human residences including gardens. It was transmitted to Japan via Korea as well as through direct transaction between Japan and China. This study reinterprets garden design principles represented in Sakuteiki, which were selected in 5 key words according to the Fungsu Theory. The 5 key words for the Fungsu Theory are "the place in harmony of four guardian gods(四神相應地)", "planting trees in the four cardinal directions", "flow of Chi(氣)", "curved line and asymmetry", and "mountain is the king, water is the people". Garden design principles of "the place in harmony of four guardian gods(四神相應地)" and "planting trees in the four cardinal directions" are corresponding to "Myeongdang-ron(明堂論, Theory of propitious site)". The place in harmony of four guardian gods mentioned in Sakuteiki is a landform surrounded by the flow of water to the east, the great path to the west, the pond to the south, and the hill to the north. And the Theory originated from Zhaijing(宅經, Classic of dwelling Sites) of China. According to this principle, the city was planned and as a miniature model, the residence of the aristocrat during the Heian period was made. At the residence the location of the garden surrounded by the four gods(the flow of water, the great path, the pond, and the hill) is the Myeongdang(明堂, the propitious site: Mingtang in Chinese; Meido in Japanese). Sakuteiki explains how to substitute for the four gods by planting trees in the four cardinal directions when they were not given by nature. This way of planting originated from Zhaijing(宅經) and also goes back to Qiminyaoshu (齊民要術), compiled in the 6th Century of China. In this way of planting, the number of trees suggested in Sakuteiki is related to Hetu(河圖) and Luoshu(洛書), which are iconography of Yi(易), the philosophy of change, in ancient China. Such way of planting corresponds to that of Yongdoseo(龍圖墅, the villa based on the principle of Hetu) presented in Sanrimgyeongje (山林經濟), an encyclopedia on agriculture and living in the 17th Century of Korea. And garden design principles of "the flow of Chi(氣)", "curved line and asymmetry" is connected to "Saenggi Theory(生氣論, Theory of vitality)". Sakuteiki explains the right flow of Chi(氣) through the proper flow and the reverse flow of the garden stream and also suggests the curved line of the garden stream, asymmetric arrangement of bridges and stones in the garden, and indented shape of pond edges, which are ways of accumulating Chi(氣) and therefore lead to "Saenggi Theory" of the Fungsu Theory. The last design principle, "mountain is the king, water is the people", is related to "Hyeongguk Theory(形局論, Theory of form)" of the Fungsu Theory. Sakuteiki explains the meaning of garden through a metaphor, which views mountain as king, water as the people, and stones as king's retainers. It compares the situation in which the king governs the people with the help of his retainers to the ecological phenomena in which mountain(earth) controls water with the help of stones. This principle befits "Hyeongguk Theory(形局論, Theory of form)" of the Fungsu Theory which explains landform on the analogy of social systems, people, animals and things. As above, major garden design principles represented in Sakuteiki can be interpreted in the context of the Fungsu Theory, the traditional knowledge system in East Asia. Therefore, we can find the significance of Sakuteiki in that the wisdom of ancient garden culture in East-Asia was integrated in it, although it described the knowhow of a specific garden style in a specific period of Japan.

Changes of Weed Community in Lowland Rice Field in Korea (한국(韓國)의 논 잡초분포(雜草分布) 현황(現況))

  • Park, K.H.;Oh, Y.J.;Ku, Y.C.;Kim, H.D.;Sa, J.K.;Park, J.S.;Kim, H.H.;Kwon, S.J.;Shin, H.R.;Kim, S.J.;Lee, B.J.;Ko, M.S.
    • Korean Journal of Weed Science
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    • v.15 no.4
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    • pp.254-261
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    • 1995
  • The nationwide weed survey was conducted in lowland rice fields over whole country of Korea in 1992 in order to determine a change of weed community and to identify a major dominant weed species and/or problem weed. Based on morphological characteristics of weeds, population ratio of broad leaf weed was 42.6%, grasses weed-9.0%, sedges-33.4% and others were 15.0%. Annual weed was 33.4% while perennial weed was 66.6% in terms of life cycle of weeds. Meanwhile, there was different weed occurrence as affected by planting method of the rice plant. In hand transplanted paddy fields predominant weed species was Sagittaria trifolia L., Monochoria vaginalis Presl., and Aneilema japonica Kunth. In machine transplanted rice fields of infant and young rice seedling Eleocharis kuroguwai Ohwi. and S. trifolia L. were more predominant. There was high occurrence of M. vaginalis, Echinochloa crus-galli L., and Leesia japonica Makino in water seeding while E. crus-galli and Cyperus serotinus Rottb. were predominant weed species in dry seeded rice. Monoculture of the rice plant would cause to high occurrence of E. kuroguwai, S. trifolia, M. vaginalis, E. crus-galli, and Sagittaria pygmaea Miq and there was higher population of S. trifolia, S. pygmaea, M. vaginalis, E crus-galli, and E. kuroguwai in double cropping system based on rice culture. In particular, there was high different weed occurrence under different transplanting times. E. kuroguwai, S. trifolia, S. pygmaea, M. vaginalis, and C. serotinus were higher population at the transplanting of 25 May and S. trifolia, E crus-galli, C. serotinus, and M. vaginalis at 10 June and S. pygmaea, E. kuroguwai, M. vaginalis, S. trifolia, and E. crusgalli at 25 June in Korea, respectively. Autumn tillage in terms of tillage time would cause more predominant weed species such as S. trifolia, E. kuroguwai, M. vaginalis, and S. pygmaea while spring tillage was higher population of E. kuroguwai, S. trifolia, E. crusgalli, M. vaginalis, and S. pygmaea. In plain area of paddy field there was higher occurrence of E. kuroguwai, S. trifolia, M. vaginalis, E. crus-galli, and S. pygmaea and in mid-mountainous area S. trifolia, E. kuroguwai, M. vaginalis, E. crus-galli, and Ludwigia prostrate Roxb. while in mountainous area S. trifolia, M. vaginalis, Potamogeton distinctus Ben., E. kuroguwai, and E. crus-galli were. In 1992 the most ten predominant weed species at the rice field of Korea based on summed dominant ratio(SDR) were E. kuroguwai > S. trifolia > E. crus-galli > M. vaginalis > S. pygmaea > C. serotinus > L. prostrate > P. distinctus > A. japonica > Scirpus juncoides Roxb.

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Awareness Activation of Dance Copyrights and Research of Effectiveness Plans (무용의 저작권 인식 활성화와 실효성 방안 연구)

  • LEE, Seoeun
    • Trans-
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    • v.2
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    • pp.1-38
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    • 2017
  • Dance, as an art which expresses thoughts and emotions by movement human, is included in work that its copyright has to be protected, choreographers who are creators and dancers who are performing can exercise their rights included in copyright laws. However, artists who work in the dancing scene have lack of awareness about copyrights and the application level is low. The purpose of this thesis is to look into the current status and issues about dance copyright and to discuss activation plans and effectiveness plans for dance copyrights. The main point is to check into the level of awareness for dance copyrights with choreographers, dancers and students majoring in dance who are in charge of the art of dancing, to present issues about the necessity of the dance copyrights protection plans by analyzing interviews-in-depth and to prepare the dance copyrights protection plans which are concretely realistic. For the research methods, first, I looked into ideas and contents about copyrights through a document research and then, wanted to prepare theoretical background by reviewing actual cases of performing art copyrights related to dance. Next, I carried out surveys about awareness of copyrights with students majoring in dance, choreographers and dancers then carried out analysis of actual proof. Also, I chose three famous dancers who are actively performing in the current dancing scene and did interviews-in-depth about dance copyrights then carried out a recording analysis. I tried to complement the analysis by discussing deeper which I couldn't deal with in the previous surveys and to contemplate awareness activation of dance copyrights and plans. As a result of the research, the level of the awareness about dance copyrights through age, major, education and career was very low. The level of awareness was almost same compared to the previous research 10 years ago. 'Music', which can be an element of copyright issue in dance, was the highest in rate, and dance was recognized as an art which is combined with various elements as a combination work. The way of protection for works of choreography and performance only used data preservation and contracts and didn't register copyrights or record in dace notation. Majority of responders answered that they couldn't have any education about copyrights while they were recognizing the necessity of education and management for copyrights. The analysis of interviews-in-depth was also matched to the result of the previous surveys and a deeper discussion about the status of dance copyrights and issues was carried out. The plans of effectiveness for dance copyrights through the result of previous research are as followings. First, an advanced education is necessary above all to increase the awareness and application of copyrights in dancing scene. Long-term education like study curriculums and short-term education like special courses and seminars should be combined, and education about copyrights for dance groups, choreographers, dancers and students majoring in dance should keep on going. Second, revision of performing art works is necessary for the activation of dance copyrights, and establishing a dance copyright association to manage copyrights systematically and training dance copyright experts are necessary as well. Third, as the way of copyright protection for choreographers and dancers, an establishment for relation gain and loss about copyrights is necessary when creating dance works and performing, and registration of dance works should be activated. Also, the dancing scene should sign contracts for choreography and performance and this contract culture should be activated, and it should systematically preserve and manage choreography and performance records through basic ways. Hereby, it is considered to prepare a foundation to foster the awareness of dance copyrights and activate dance copyrights.

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