• Journal of Legislation Research
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• no.53
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• pp.553-591
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• 2017

This article discussed whether so-called 'foreign judgments obtained by fraud' is in breach of public policy provided in Article 217(1)(3) of Civil Procedure Act and, if so, what the specific requirements could be. The summary of the conclusion is as follows. The 'foreign judgments obtained by fraud' is against the municipal procedural public policy and then shall not be recognized. In this regard one more question comes up whether reviewing if 'foreign judgments obtained by fraud' is in breach of the municipal procedural public policy is allowed in consideration of the principle of prohibition of $r{\acute{e}}vision$ au fond. Since the principle is applied entirely in the course of the above reviewing, it is allowed only when it does not breach the principle. The two instances that the reviewing is allowed are where the defendant was not able to produce evidences of fraud during foreign procedures and where the defendant's claim of fraud without evidences was rejected by the foreign court and then evidences of fraud were found after the foreign procedure was completed. On the other hand, the specific requirements for 'foreign judgments obtained by fraud' to be against public policy are following four requirements based on principle of strict interpretation of public policy. (1) plaintiff's intention to fraud, (2) preventing the defendant from being involved in the procedure by fraud or cheating the foreign court using manipulated evidences, (3) the defendant could not present himself in the foreign court procedure due to the plaintiff's extraneous fraud or the foreign court decided wrongly due to intrinsic fraud, and (4) defendant's fundamental procedural rights were breached to the extent that recognizing the effect of foreign judgments was against justice defendant's fundamental procedural rights. These results differ from the Supreme Court 2004. 10. 28. ruling 2002da74213 in many aspects. Most of all, in my opinion there is no need to distinguish between intrinsic fraud and extraneous fraud and reviewing 'foreign judgments obtained by fraud' is not in conflict with the principle of prohibition of $r{\acute{e}}vision$ au fond but the both may coexist. In this regard I expect the variation of the Supreme Court's position and hope to contribute to academia and practitioners.

• Journal of Korean Classical Literature and Education
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• no.34
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• pp.115-147
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• 2017

This paper compared and reviewed the poetic theories and Chinese poems of the Korean author Kim Chang Heup and his Japanese counterpart, Kan Chazan. Kim Chang Heup and Kan Chazan shared largely the same opinions on poetry, and both rejected archaism. First, they did not just copy High Tang poetry. Instead, they focused on the (sometimes trivial) scenery right in front of them, and described the calm feelings evoked by what they had seen. They also adopted a sincere tone, instead of an exaggerated one, because both believed that poetry should be realistic. However the differences between the two poets are also noteworthy. Kim Chang Heup claimed that feelings and scenery meet each other within a literary work through Natural Law, and the linguistic expressions that mediate the two are philosophical in nature. However, Kan Chazan did not use Natural Law as a medium between feelings and scenery. Instead the Japanese writer said the ideal poetical composition comes from a close observation and detailed description of scenery. In sum, while Kim Chang Heup continued to express reason through scenery, Kan Chazan did not go further than depicting the scenery itself. In addition, Kim Chang Heup believed poetry was not only a representation of Natural Law, but also a high-level linguistic activity that conveys a poetic concern about national politics. As a sadaebu (scholar-gentry), he held literature in high esteem because he thought that literature could achieve important outcomes. On the other hand, Kan Chazan regarded it as a form of entertainment, thereby insisting literature had its own territory that is separate from that of philosophy or politics. In other words, whereas Kim Chang Heup considered literature as something close to a form of learning, Kan Chazan viewed it as art. One might wonder whether the poetics of Kim Chang Heup and Kan Chazan reflect their individual accomplishments, or if the characteristics of Chinese poetry that Korean and Japanese poets had long sought after had finally surfaced in these two writers. This paper argued that the two authors' poetics represent characteristics of Chinese poetry in Korea and Japan, or general characteristics of Korean and Japanese literatures in a wider sense. Their request to depict actual scenery in a unique way, free from the ideal model of literature, must have facilitated an outward materialization of Korean and Japanese literary characteristics that had developed over a long time.

• Journal of Legislation Research
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• no.53
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• pp.61-107
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• 2017

It has been seventy-two years since the Korean Peninsular was divided into South and North Korea. When Korea was liberated from Japanese colonial rule in August 1945, the South and North established a capitalist system and a socialist system (communism) respectively, intensifying the ideological conflict and confrontation. The division of Korea was not confined to political and economical aspects, but extended to legal system, making it difficult to find legislative homogeneity in the two. The long-term situation of the divided nation results in a social phenomenon accompanied by legal division. For instance, shortly after its liberation from Japan's colonial rule, North Korea responded quickly to secure legal stability to govern the northern part while the Soviet army troops were stationed in it. Based on Marx and Engels' historical materialism, the North drove a change in its ideological superstructure by repealing the privatization of land property which was the means of production and finally enforced land nationalization, in common with other socialist states including the former Soviet Union. The North's land reform made under the guise of fulfilling national independence and doing away with anti-seigneurial and anti-feudalistic relations, has led to a wide difference in the systems between the South and Korea. This paper focuses on the legal systems of South and North Korea and is aimed at exploring the legal characteristics and environment of the North which became secluded from the world while engaging in socialist experiments for the past seventy two years against capitalism. Ongoing studies of legal system integration will be briefly discussed. The legal status of South and North Korea as a political entity will be investigated to overcome legal system division; and the characteristics of South-North relationship in legal terms and the limitations of the North's legal system will be also examined. Moreover, the directions for integrating legal systems and the plan for resolving legal system division will be suggested.

• KOREAN JOURNAL OF CROP SCIENCE
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• v.64 no.3
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• pp.269-277
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• 2019

It is important to determine sowing date as it decisively affects the quality as well as quantity of waxy corn. In the central northern area of Korea, optimum sowing date of waxy corn is May and requires about 20-26 reproductive growth days from silking date to harvest. We determined adaptable sowing date of waxy corn varieties using growing degree days (GDDs), especially in the central northern area. Earlier sowing required many more emergence days owing to the low temperature. All waxy corn varieties required about 16~22 emergence days when sown in April. Otherwise, less than 15 emergence days were needed for sowing from May to August. Sowing dates to maximize ear yield of waxy corns were different depending on the eco-types of corn varieties as well as GDDs during the growth period. Early maturity type Mibaek2' showed the highest ear yield at the May $15^{th}$ sowing date. Middle maturity 'Iimichal' and late maturity 'Chalok4' showed the highest ear yield at the May $25^{th}$ and June $5^{th}$ sowing dates, respectively. GDDs of 26 days after silking was an index to determine the highest yield sowing date of 'Mibaek2'. The total GDDs from sowing to harvest and to silking were other indexes to determine the highest yield sowing date of 'Ilmichal' and 'Chalok4', respectively. Generally, it required about $2,400^{\circ}C$ GDDs from sowing date to maturity and at least 65 days of silking date from sowing to obtain about 1,200kg of ear yield of waxy corn in the central northern area of the Korean peninsula. The results of the study will be helpful for corn farmhouses to determine optimum sowing date of waxy corn in the central northern area of Korea.

• Journal of Bio-Environment Control
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• v.28 no.4
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• pp.286-292
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• 2019

This study aimed to investigate the suitable of layer on growth of six baby leaf vegetables using existing facilities and equipment in rice seedling nursery. Three kinds of Lactuca(lettuce 'Jinppallola' and 'Romain white', and indian lettuce), two of Brassica(tatsoi and red tatsoi) and amaranth were used as the materials. After sowing, the rice seedling tray was placed in multi bench system($L120{\times}W60{\times}H195cm$, 10th floor), which were low(1st) layer above 15cm, middle(4th) layer above 115cm and high(7th) layer above 175cm apart from ground. Irrigation was sprayed 2~3 times a day using a automatic irrigation system. The growth characteristics and leaf color were investigated when leaf vegetables were reached the optimum size(within 10cm of plant height). During the culture periods(29th Jun.~31th Jul. 2017), daytime average temperature was $27.4{\sim}28.3^{\circ}C$ regardless of layers but solar irradiance was higher in the high-layer than low and middle-layer of 37% and 22%, respectively. The leaf length, leaf width and number of leaves in middle and high-layer have a tendency to increase but, fresh weight was different according to the layer. When the correlation between accumulation radiation and growth was analyzed, all of growth factor of Amaranth showed a high correlation and other cultivars showed correlation with each growth factors. As a result, It is suitable that amaranth and red tatsoi for high-layer, Indian lettuce and tatsoi for middle and high-layer and 'Romain white' for middle-layer. The growth of red lettuce 'Jinppallola' was good at low layer, but leaf color expression was poor. So the high layer is suitable for 'Jinppallola'.

• Cross-Cultural Studies
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• v.46
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• pp.435-463
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• 2017

This paper aims to identify the structural characteristics of Okawa Syumei(大川周明), Wakamiya Unosuke(若宮卯之助) and Okakura Tensin(岡倉天心). In fact, after Okawa Syumei studied the Principles of Wakamiya Unosuke and Okakura Tensin, he derived a conclusion and wrote a book named "yeolseongjeon". This book talks about the emperor dynasty. Based on this, the theory presented by Wakamiya Unosuke and Okakura Tensin described the characteristics of the East European culture. Okakura Tensin crossed the western part and discovered that western culture is only western culture and not a universal culture. Western culture has developed from its own experience. Wakamiya Unosuke translated a book by William Knox, The spirt of the orient. They have the same point of view, but they have a different culture and they must follow their own culture. Okakura Tensin insisted that culture is dynamic and it improves by adapting different cultures of different countries. Wakamiya appealed and he opposed Tensin's studies about culture. Wakamiya's definition of culture has not changed or is fixed from the past, which still exists in the modern times. Culture must be cultivated and it must be introduced to people who have forgotten their own culture. Despite such methodological differences, the commonality between Okakura and Wakamiya is that Western civilization is nothing more than a regional culture, as the West is not a universal civilization, but as a whole, it is a regional culture. Okawa Syumei learned the Okakura and Wakamiya's theory about culture and derived a conclusion. He stated that both opinions are correct as culture can be adapted as explained by Okakura. For example, Japanese people are now adapting and embracing the culture of Chinese people and Indian people. On the other hand, he also learned Wakamiya Unosuke's theory that culture does not change. Japanese have their own culture that was created in the past or it was developed by their ancestors; for example, the emperor dynasty. Okawa Syumei learned different cultures of different countries and Japanese people are adapting those cultures, and Wakamiya stated that the emperor dynasty must be instilled and it must be universal. Japanese emperors have different cultures, especially the Meiji emperor who is willing to accept different cultures of different countries. Finally, he claimed that the emperor dynasty created a new Japanese civilization and they are now embracing the new adapted culture.

• Journal of The Korean Society of Grassland and Forage Science
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• v.39 no.1
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• pp.1-8
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• 2019

This study was conducted to predict the energy requirements for maintenance and growth of female Korean black goats during their growth and pregnancy phases. Fifty female goats ($18.7{\pm}0.27kg$) in their growth phase with an average age of 5 months were stratified by weight and randomly assigned into 5 groups. They were fed 5 diets varying in metabolic energy (ME) [2.32 (G1), 2.49 (G2), 2.74 (G3), 2.99 (G4), and 3.24 (G5) Mcal/kg] until they were 9-month-old. After natural breeding, 50 female goats ($30.7{\pm}0.59kg$) were stratified by weight and randomly assigned into 5 groups. They were fed 5 diets varying in ME [2.32 (P1), 2.43 (P2), 2.55 (P3), 2.66 (P4), and 2.78 (P5) Mcal/kg]. The average feed intake ranged between 1.5 and 2.0% of the body weight (BW), and there was no significant difference between the treatment groups with goats in growth or pregnancy phases. Average daily gain (ADG) in diet demand during the growth phase increased with an increasing ME density and ranged from 46 to 69 g/d (p<0.01). Feed conversion ratio (FCR) improved with the ME density during the growth phase (p<0.01). The intercept of the regression equation between ME intake and ADG indicated that energy requirement for maintenance of goats during growth and pregnancy phases was $103.53kcal/BW^{0.75}$ and $102.7kcal/BW^{0.75}$, respectively. These results may serve as a basis for the establishment of goat feeding standards in Korea. Further studies are required to assess the nutrient requirement of goats using various methods for improving accuracy.

• The Critical Review of Religion and Culture
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• no.32
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• pp.257-287
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• 2017

It seems to be quite an ambitious endeavor to trace back the translation history of Catholic Vulgate Bible from Latin language to Asian languages since 16th century. I try to bring out the translation(translative) procedure of Latin Bible to the Chinese Version, which is eventually come up (and the latter)to the Korean Version. It has been supported and funded by the National Research Foundation of Korea. This task has a three-year plan. For the first step(operation), I examined and searched the European situation of the Vulgate Bible in the Catholic Church, i.e. the ritual use of Vulgate Bible in the Mass and the religious retreat. The liturgical texts, to begin with, were analysed to disclose how the Vulgate Bible was reflected in them. The Lectionary and the Evangeliary were the typical ones. The structure or the formation system of the Lectionaries for Mass was based on the liturgical year cycle. From this point, the Vulgate Bible was rooted in the religious life of European Catholics after the Council of Trent which had proclaimed the Vulgate to be authentic source of the Revelation, therefore, to be respected as the only authoritative Bible. How did the Catholic Church use the Vulgate Bible out of the context and the boundary (sphere) of liturgy? The Meditation guide books for the purpose of instructing the religious retreat was published and (diffused) circulated among the priests, the religious persons and even the laymen. In those books also were included (found) the citation, the interpretation and the commentaries of the Vulgate Bible. The most of the devotees in Europe read the biblical phrases out of the meditation guide books. There are still remained the unsolved problems of how to understand (for understanding) the actual aspect of the Vulgate Bible in the European Catholic Church. All the Biblical verses were translated into French and included in the meditation guide books published in France. What did the Holy See think the French translation of the Vulgate Bible? Unfortunately, there were not found the Vatican Decrees about the European translation of the Vulgate Bible. The relationship between the Vulgate Bible and the Meditation guide (Those) will be much important for the study of Chinese translation of it. The search for the Decrees and the researches on it and the European and the non-European translations of the Vulgate Bible will be a continuous task for me as well as the other researchers on these subjects in the future.

• Korean Journal of Psychosomatic Medicine
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• v.26 no.2
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• pp.77-85
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• 2018

Objectives : This study aimed to investigate the level of distress using the distress thermometer (DT) and the factors associated with distress in postoperative breast cancer (BC) patients. Methods : DT and WHOQOL-BREF (World Health Organization Quality of Life Scale Abbreviated Version) along with sociodemographic variables were assessed in patients undergoing surgery for their first treatment of BC within one week postoperatively. The distress group consisted of participants with a DT score ${\geq}4$. The prevalence and associative factors of distress were examined by descriptive, univariable, and logistic regression analysis. Results : Three hundred seven women were recruited, and 264 subjects were finally analyzed. A total of 173 (65.5%) were classified into the distress group. The distress group showed significantly younger age (p=0.045), living without a spouse (p=0.032), and worse quality of life (QOL) as measured by overall QOL (p=0.009), general health (p=0.005), physical health domain (p<0.000), and psychological health domain (p=0.002). The logistic regression analysis showed that patients aged 40-49 years were more likely to experience distress than those aged ${\geq}60years$ (Odds ratios [OR]=2.992, 95% confidence interval [CI] 1.241-7.215). Moreover, the WHOQOL-BREF physical health domain was a predictive factor of distress (OR=0.777, 95% CI 0.692-0.873). Conclusions : A substantial proportion of patients are experiencing significant distress after BC surgery. It would be expected that distress management, especially in the middle-aged patients and in the domain of physical QOL (e.g., pain, insomnia, fatigue), from the early BC treatment stage might reduce chronic distress.

• (The) Research of the performance art and culture
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• no.34
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• pp.355-382
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• 2017

In this study, pieces of statements of sinawi successors, which served the ground of sinawi theory of Lee(that are found only in reports and theses) were searched from notebooks or cassette tapes of Lee. Then, this study tried to trace the process that the theory of sinawi was established based on the fieldwork of sinawi and relevant data, and to shed light on the significance. With the understanding from the early days that life of minsokak can be found in musical scenes in the region, Lee wandered around the scenes of minsokak(folk music) in the nation, recorded minsokak, and collected dialogues with successors of minsokak with about 2,000 cassette tapes and 300 notebooks. Especially, in the fieldwork data on sinawi that Lee possesses contain dialogues with the newly found sinawi successors that Lee found in the scene of sinawi in Gyeonggido province, Jeollado province, and Gyeongsangdo province over numerous visits for over 20 years from the early 1970s. Sometimes the record includes improvised sinawi performance. As the fieldwork of sinawi by Lee was conducted comparatively early, there are a lot of testimonies of successors who remember the sinawi scene of the past. Using these data, Lee published theories related to sinawi on reports and theses. His representative thesis is about 'Sinawi Chung'(1979). After listening to the testimony of Younghee Ji, the master of Gyeonggi haegeum sinawi in his first fieldwork of sinawi, he started his research on sinawi chung of piri, daegeum, and haegeum in Gyeonggido province and Honam area. Based on the testimonies on sinawi chung of 11 sinawi successors, Lee published 'Sinawi Chung'. In 1987, he extended the scope his research to sinawi-kwon(圈), which includes Gyeongnam area, found 12 new sinawi successors in Gyeonggi, Honam, and Gyeongnam areas, and based on their testimonies, complemented the theory of sinawi chung and published it. Fortunately, most of the dialogues with sinawi successors quoted in his reports or theses are recorded in his notebooks or cassette tapes. When these data are released, it is expected that a new theory of sinawi or minsokak will be born.