• Title/Summary/Keyword: Acceptance of Succession

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The Challenges and Prospects Regarding Acceptance and Renunciation of Succession on Civil Law (민법상 상속의 승인과 포기에 관한 과제와 전망)

  • Park, Jong-Ryoel
    • Proceedings of the Korean Society of Computer Information Conference
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    • 2013.07a
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    • pp.181-184
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    • 2013
  • 우리 민법에 상속인이 민법 제1019조 제1항의 기간 내에 한정승인 또는 포기를 하지 아니한 때에는 단순승인을 한 것으로 본다고 하여 그동안 상속인들에게 지나치게 불리하다는 비판을 받아왔던 규정이 1998년 8월 27일 선고된 헌법재판소 결정(96헌가 22 등)에 의하여 헌법불합치결정을 받았다. 이에 따라 2002년 1월 14일 법률 제6591호로 공포 시행된 개정민법 제1019조 제3항으로 "민법 제1019조 제1항의 규정에 불구하고 상속인은 상속채무가 상속재산을 초과하는 사실을 중대한 과실 없이 제1항의 기간 내에 알지 못하고 단순승인을 한 경우에는 그 사실을 안 날부터 3월내에 한정승인을 할 수 있다."는 규정이 신설되었다. 그러나 민법 제1019조 제3항은 상속인들에게 구제의 길이 열리기는 하였으나 상속인의 보호가 제한적이고 상속인에게 한정승인만을 허용하고 상속포기의 선택을 제한하여 상속인의 승인 포기의 선택권행사에 문제가 있다고 본다. 따라서 이 논문에서는 상속의 승인과 포기에 관한 문제점을 검토해보고 상속인과 이해당사자들 간 모두에게 불리함이 없이 가장 공평하고 합리적인 개선방안을 제시하고자 한다.

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Adaptability and Fatalism as Southeast Asian Cultural Traits

  • Dhont, Frank
    • SUVANNABHUMI
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    • v.9 no.2
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    • pp.35-49
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    • 2017
  • This paper will concentrate on how various particular Southeast Asian conditions created a distinct Southeast Asian cultural identity despite a very challenging geographical and historical diversity in the region. The paper will argue that Southeast Asians demonstrate an ability to adapt to changes and new values but also exhibit fatalism through a very high degree of passive acceptance to political and other changes that affect their society. The paper identifies a degree of environmental and geographical uniqueness in Southeast Asia that shapes context and gives rise to very distinct cultural traits. The historical transformation in the region brought about by colonialism and nationalism, combined with this geographical and political make-up of the region, had an immense impact on Southeast Asian society as it fostered adaptability. Finally, the political transitions brought about by various conflicts and wars that continued to affect the area in rapid succession all throughout the 20th century likewise contributed immensely to a local Southeast Asian fatalistic response towards change. Historically, Southeast Asia demonstrated these socio-cultural responses to such an extent that these are argued to permeate the region forming a distinct aspect of Southeast Asian culture.

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Review of Traditional Concepts for Modernization of Tradition and Strategy of Modernization (전통의 현대화 원칙 및 전략 수립을 위한 전통 재조명)

  • Han, Sung Gu;Chi, Chun-Ho
    • The Journal of Korean Philosophical History
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    • no.53
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    • pp.131-163
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    • 2017
  • We were already thrown into the modern by the Japanese before reflecting the relevance of modernization and acceptance, and the value of the modern was postponed. The late period of Chosun, people sank into a state of torpor and traditional culture and ideology has caused people to have a negative perception of modern times.Modern times, however, are defined in the relative concept of tradition and modernity in the history of modern times. In order to understand the modern era and its origin, it is necessary to look squarely at the face of modernity. Failure of modern times is a failure of traditional succession.So, if we analyze the causes of the failure of the traditional heritage, why can't we see some of the reasons why we perceive it as a failure? In this thesis, it seeks to understand the diverse views of the traditional elites of the journal and the newspaper, which are published in the traditional education of the journal, and are looking at a variety of views. Moreover, we should seek to explore the traditional elements of the new tradition by discussing the aspects of the educational problems caused by the cause of the accidental break and the educational problems caused by its results.

Development and application of Technology.Home Economics Teaching-Learning Lesson Plan on Clothing Lifes to Raise youth's awareness of traditional clothing culture (청소년의 전통 의생활 문화 인식 고취를 위한 가정과 교수.학습 과정안 개발 및 적용 -고등학교 1학년 '가정생활 문화의 변화' 단원을 중심으로-)

  • Ban, Youn-Ja;Kim, Nam-Eun;Lee, Hye-Ja
    • Journal of Korean Home Economics Education Association
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    • v.23 no.4
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    • pp.1-17
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    • 2011
  • We investigated youth's awareness of traditional clothing culture in order to promote it, and we developed and applied the Teaching-Learning process related to clothing life chapters. We analyzed 12 types of high school freshman textbooks under the revised $7^{th}$ national curriculum and selected 5 major subjects of learning 'traditional culture', 'History of Han-bok', 'colors of Han-bok', 'pattern & material of Han-bok', 'globalization of Han-bok' related to 'change of home life & culture' chapter. Also we developed 5-period Teaching-Learning Lesson Plan and 48-teaching materials(22 for students, 22 - for classes, 4 for teachers) and applied it to usual classes. The mean score of youth's awareness of traditional clothing culture in the post-test was significantly higher than in the pre-test. We concluded it was highly efficient in the youth's awareness of traditional clothing culture as right awareness about traditional clothing life culture, acceptance of foreign culture, positive attitude in traditional culture. Awareness about traditional clothing culture education was improved significantly, so we recognized importance of traditional culture education through it. We suggest that various themes on traditional culture should be developed and more reinforced. Also we need various traditional culture succession research as field of food life, house life and study Korea's cultural heritage.

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The Methodology of 'Woori Philosophy': an Analysis of this Philosophical Thought Contained in the Jeon-gyeong (『전경』의 사상분석으로 살펴본 '우리철학'의 방법론)

  • Lee, Jong-lan
    • Journal of the Daesoon Academy of Sciences
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    • v.30
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    • pp.201-234
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    • 2018
  • 'Woori Philosophy' is the modern philosophy of Korea. The purpose of this study is to make a hypothetical model of the methodologies used in Woori Philosophy, to analyze and classify this system of thought as it appears in the Jeon-gyeong (『典經』), to confirm the effectiveness of the model's application, and to present the model's methodological best practices. In this paper, I have made a standard for Woori Philosophy by combining existing studies. Thereby, although it is preliminary, I have presented the model as a way of achieving Woori philosophy by analysis and division of this thought in the Jeon-gyeong. As a result, the Jeongyeong's content is organized into an order in frequency which emerges as Model②, Model①, Essential Model, Model④, and Model③. These models can be evaluated to show that the Jeon-gyeong progressively inherited different schools of traditional Korean thought, while simultaneously characterizing them as Korean in many areas, never ignored the problems of the times or an awareness of the world, and furthermore, did not senselessly or blindly accept foreign objects spread into Korea from 1880~1890. Therefore, the Jeon-gyeong shows a comprehensive methodology for the implementation of Woori philosophy based on its own historical setting. It can be evaluated as the best practices which took many ideas and made those ideas its own. Through this, I was able to confirm its effectiveness as a methodology of Woori Philosophy and was able to extract its best practices. However, the ideas in the Jeon-gyeong did not directly become Woori Philosophy. To solve our problems in the 21st century, there is still an assignment to interpret these ideas through the application of this model. If the existing research on Daesoon Thought (大巡思想) is to become Woori Philosophy, then it should do so through the application of this model.

The Study on Modern Neo-Confucianism in China : Accepting and Understanding Modern Neo-Confucianism in China (중국의 현대신유학 수용과 이해 - 1980년대 현대신유학 연구를 중심으로 -)

  • Park, Young-Mi
    • The Journal of Korean Philosophical History
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    • no.23
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    • pp.349-392
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    • 2008
  • Modern Neo-Confucianism was formed as a school by solving the modern problems in China through accepting western philosophies with Chinese basic philosophies since New Cultural Movement. Marxism, Liberalism, and Modern Neo-Confucianism are called three representatives of Chinese modern philosophies. Since the People's Republic of China was founded in 1949, Modern Neo-Confucianists have tried to keep their philosophy and cultural conservatism in Hong Kong and Taiwan. Modern Neo-Confucianism which had been prohibited before 1978 was brought again to people's attention in the middle of 1980s by their active lectures and writings. Furthermore, the study on Modern Neo-Confucianism was supported by the Chinese government in 1987. China was trying to find the way to enhance Chinese tradition and to develop China to a modern society at the same time through the study on Modern Neo-Confucianism. The purpose of Modern Neo-Confucianism is to keep Chinese tradition which was broken off, to develop China to a modern society, to control the problems caused by capitalism socially, and ultimately to strengthen socialism in China in the political aspect. The study on Modern Neo-Confucianism in the 1980s focused on introducing, organizing, and understanding Modern Neo-Confucianism as its early stage. This study was led by Marxists with their methods and viewpoints. Even though the acceptance and understanding of Modern Neo-Confucianism was limited in a short period, the study on Modern Neo-Confucianism in the 1980s propagated Modern Neo-Confucianism. Modern Neo-Confucianism also played an important role to grow the argument about the critical succession of Chinese tradition and to reconsider the fact that modernization does not mean only westernization.