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The State Hermitage Museum·Northwest University for Nationalities·Shanghai Chinese Classics Publishing House Kuche Art Relics Collected in Russia Shanghai Chinese Classics Publishing House, 2018 (아라사국립애이미탑십박물관(俄羅斯國立艾爾米塔什博物館)·서북민족대학(西北民族大學)·상해고적출판사(上海古籍出版社) 편(編) 『아장구자예술품(俄藏龜玆藝術品)』, 상해고적출판사(上海古籍出版社), 2018 (『러시아 소장 쿠차 예술품』))

  • Min, Byung-Hoon
    • MISULJARYO - National Museum of Korea Art Journal
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    • v.98
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    • pp.226-241
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    • 2020
  • Located on the right side of the third floor of the State Hermitage Museum in St. Petersburg, the "Art of Central Asia" exhibition boasts the world's finest collection of artworks and artifacts from the Silk Road. Every item in the collection has been classified by region, and many of them were collected in the early twentieth century through archaeological surveys led by Russia's Pyotr Kozlov, Mikhail Berezovsky, and Sergey Oldenburg. Some of these artifacts have been presented around the world through special exhibitions held in Germany, France, the United Kingdom, the Netherlands, Korea, Japan, and elsewhere. The fruits of Russia's Silk Road expeditions were also on full display in the 2008 exhibition The Caves of One Thousand Buddhas - Russian Expeditions on the Silk Route on the Occasion of 190 Years of the Asiatic Museum, held at the Hermitage Museum. Published in 2018 by the Shanghai Chinese Classics Publishing House in collaboration with the Hermitage Museum, Kuche Art Relics Collected in Russia introduces the Hermitage's collection of artifacts from the Kuche (or Kucha) region. While the book focuses exclusively on artifacts excavated from the Kuche area, it also includes valuable on-site photos and sketches from the Russian expeditions, thus helping to enhance readers' overall understanding of the characteristics of Kuche art within the Buddhist art of Central Asia. The book was compiled by Dr. Kira Samosyuk, senior curator of the Oriental Department of the Hermitage Museum, who also wrote the main article and the artifact descriptions. Dr. Samosyuk is an internationally renowned scholar of Central Asian Buddhist art, with a particular expertise in the art of Khara-Khoto and Xi-yu. In her article "The Art of the Kuche Buddhist Temples," Dr. Samosyuk provides an overview of Russia's Silk Road expeditions, before introducing the historical development of Kuche in the Buddhist era and the aspects of Buddhism transmitted to Kuche. She describes the murals and clay sculptures in the Buddhist grottoes, giving important details on their themes and issues with estimating their dates, and also explains how the temples operated as places of worship. In conclusion, Dr. Samosyuk argues that the Kuche region, while continuously engaging with various peoples in China and the nomadic world, developed its own independent Buddhist culture incorporating elements of Gandara, Hellenistic, Persian, and Chinese art and culture. Finally, she states that the culture of the Kuche region had a profound influence not only on the Tarim Basin, but also on the Buddhist grottoes of Dunhuang and the central region of China. A considerable portion of Dr. Samosyuk's article addresses efforts to estimate the date of the grottoes in the Kuche region. After citing various scholars' views on the dates of the murals, she argues that the Kizil grottoes likely began prior to the fifth century, which is at least 100 years earlier than most current estimates. This conclusion is reached by comparing the iconography of the armor depicted in the murals with related materials excavated from the surrounding area (such as items of Sogdian art). However, efforts to date the Buddhist grottoes of Kuche must take many factors into consideration, such as the geological characteristics of the caves, the themes and styles of the Buddhist paintings, the types of pigments used, and the clothing, hairstyles, and ornamentation of the depicted figures. Moreover, such interdisciplinary data must be studied within the context of Kuche's relations with nearby cultures. Scientific methods such as radiocarbon dating could also be applied for supplementary materials. The preface of Kuche Art Relics Collected in Russia reveals that the catalog is the first volume covering the Hermitage Museum's collection of Kuche art, and that the next volume in the series will cover a large collection of mural fragments that were taken from Berlin during World War II. For many years, the whereabouts of these mural fragments were unknown to both the public and academia, but after restoration, the fragments were recently re-introduced to the public as part of the museum's permanent exhibition. We look forward to the next publication that focuses on these mural fragments, and also to future catalogs introducing the artifacts of Turpan and Khotan. Currently, fragments of the murals from the Kuche grottoes are scattered among various countries, including Russia, Germany, and Korea. With the publication of this catalog, it seems like an opportune time to publish a comprehensive catalog on the murals of the Kuche region, which represent a compelling mixture of East-West culture that reflects the overall characteristics of the region. A catalog that includes both the remaining murals of the Kizil grottoes and the fragments from different parts of the world could greatly enhance our understanding of the murals' original state. Such a book would hopefully include a more detailed and interdisciplinary discussion of the artifacts and murals, including scientific analyses of the pigments and other materials from the perspective of conservation science. With the ongoing rapid development in western China, the grotto murals are facing a serious crisis related to climate change and overcrowding in the oasis city of Xinjiang. To overcome this challenge, the cultural communities of China and other countries that possess advanced technology for conservation and restoration must begin working together to protect and restore the murals of the Silk Road grottoes. Moreover, centers for conservation science should be established to foster human resources and collect information. Compiling the data of Russian expeditions related to the grottoes of Kuche (among the results of Western archaeological surveys of the Silk Road in the early twentieth century), Kuche Art Relics Collected in Russia represents an important contribution to research on Kuche's Buddhist art and the Silk Road, which will only be enhanced by a future volume introducing the mural fragments from Germany. As the new authoritative source for academic research on the artworks and artifacts of the Kuche region, the book also lays the groundwork for new directions for future studies on the Silk Road. Finally, the book is also quite significant for employing a new editing system that improves its academic clarity and convenience. In conclusion, Dr. Kira Samosyuk, who planned the publication, deserves tremendous praise for taking the research of Silk Road art to new heights.

A Study on the Location of Retail Trade in Kwangju-si and Its Inhabitants와 Effcient Utilization (광주시 소매업의 입지와 주민의 효율적 이용에 관한 연구)

  • ;Jeon, Kyung-sook
    • Journal of the Korean Geographical Society
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    • v.30 no.1
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    • pp.68-92
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    • 1995
  • Recentry the structure of the retail trade have been chanaed with its environmantal changes. Some studies may be necessary on the changing process of environment and fundamental structure analyses of the retail trade. This study analyzes the location of retail trades, inhabitants' behavior in retail tredes and their desirable utilization scheme of them in Kwangju-si. Some study methods, contents and coming-out results are as follows: 1. Retail trades can be classified into independent stores, chain-stores (supermarket, voluntary chain and frenchiise system and convenience store), department stores, cooperative associations, traditional, markets mail-order marketing, automatic vending and others by service levels, selling-items, prices, managements, methods of retailing and store or nonstore type. 2. In Kwangju, the environment of retail trades is related to the consumers of population structure: chanes in consumers pattern, trends toward agings and nuclear family, increase of leisur: time and female advances to society. Rapid structural shift in retail trade has also been occurred due to these social changes. Traditionl and premodern markets until 1970s altere to supermarkets or department stores in 1980s, and various types, large enterprises and foreign capitals came into being in 1990s. 3. The locational characteristics of retail trades are resulted from the spatial analysis of the total population distribution, and from the calculation of segregation index in the light of potential demand. The densely-populated areas occurs in newly-built apartment housing complex which is distributed with a ring-shaped pattern around the old urban core. The numbers and rates of the aged over sixty in Kwangsan-gu and the circumference area of Mt.Moodeung, are larger and higher where rural elements are remarkable. A relation between population distribution and retail trade are analysed by the index of population per shop. The index of the population number per shop is lower in urban center, as a whole, being more convenient for consumers. In newly-formed apartment complex areas, on the other, the index more than 1,000 per shop, meeting not the demands for consumers. Because both the younger and the aged are numerous in these areas, the retail trade pattern pertinent to both are needed. Urban fringes including Kwangsan-gu and the vicinity of Mt.Moodeung have some problems owing to the most of population number per shop (more than 1, 500) and the most extensive as well. 4. The regional characteristic of retail trade is analyzed through the location quotient of shops by locational patterns and centerality index. Chungkum-dong is the highest-order central place in CBD. It is the core of retail trades, which has higher-ordered specialty store including three big department stores, supermarkets and large stores. Taegum-dong, Chungsu-dong, Taeui-dong, and Numun-dong that are neiahbored to Chungkum-dong fall on the second group. They have a central commercial section where large chain stores, specialty shopping streets, narrow-line retailing shops (furniture, amusement service, and gallary), supermarkets and daily markets are located. The third group is formed on the axis of state roads linking to Naju-kun, Changseong-kun, Tamyang-kun, Hwasun-kun and forme-Songjeong-eup. It is related to newly, rising apartment housing complex along a trunk road, and characterized by markets and specialty stores. The fourth group has neibourhood-shopping centers including older residential area and Songjeong-eup area with independent stores and supermarkets as main retailing functions. The last group contains inner residential area and outer part of a city including Songjeong-eup. Outer part of miscellaneous shops being occasionally found is rural rather than urban (Fig. 7). 5. The residents' behaviors using retail trade are analyzed by factors of goods and facilities. Department stores are very high level in preference for higher-order shopping-goods such as clothes for full dress in view of both diversity and quality of goods(28.9%). But they have severe traffic congestions, and high competitions for market ranges caused by their sma . 64.0% of respondents make combined purpose trips together with banking and shopping. 6. For more efficiency of retail-trading, it is necessary to induce spatial distribution policy with regard to opportunity frequency of goods selection by central place, frontier regions and age groups. Also we must consider to analyze competition among different types of retail trade and analyze the consumption behaviors of working females and younger-aged groups, in aspects of time and space. Service improvement and the rationalization of management should be accomplished in such as cooperative location (situation) must be under consideration in relations to other functions such as finance, leisure & sports, and culture centers. Various service systems such as installment, credit card and peremium ticket, new used by enterprises, must also be carried service improvement. The rationalization and professionalization in for the commercial goods are bsically requested.

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Factors Related to Waiting and Staying Time for Patient Care in Emergency Care Center (응급의료센터 내원환자 진료시 소요시간과 관련된 요인)

  • Han, Nam Sook;Park, Jae Yong;Lee, Sam Beom;Do, Byung Soo;Kim, Seok Beom
    • Quality Improvement in Health Care
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    • v.7 no.2
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    • pp.138-155
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    • 2000
  • Background: Factors related to waiting and staying time for patient care in emergency care center (ECC) were examined during 1 month from Apr. 1 to Apr. 30, 1997 at an ECC of Yeungnam university hospital in Taegu metropolitan city, to obtain the baseline data on the strategy of effective management of emergency patients. Method: The study subjects consisted of the 1,742 patients who visited at ECC and the data were obtained from the medical records of ECC and direct surveys. Results: The mean interval between ECC admission time and initial care time by each ECC duty residents was 83.1 minutes for male patients and 84.9 minutes for female patients, and mean ECC staying time (time interval between admission and final disposition from ECC) was 718.0 minutes in men and 670.5 minutes in women. As the results, the mean staying time in ECC was higher in older age, and especially the both of initial care time and staying time were highest in patients of medical aid, and shortest in patients of worker's accident compensation insurance. The on admission or not, previously endotracheal-intubation state of patient. The ECC staying ti initial care time was much more delayed in patients of not having previous medical records and the ECC staying time was higher in referred patients from out-patient department, in transferred patients from the other hospitals and patients having previous records, and in patients partly used the order-communicating system. The factors associated with the initial care time were the numbers of ECC patients and the existence of any true emergent patients, being cardiopulmonary resuscitation (CPR) statusme was much more longer in patients of drug intoxication, in CPR patients, in medical department patients, in transfused patients and in patients related to 3 or more departments. And according to the numbers of duty internships, the ECC staying time for four internships was more longer than for five internships and after admission ordering was done, also-more longer in status being of no available beds. As above mentioned results, the factors for the ECC staying time were thought to be statistically significant (P<0.01) according to the patient's age and the laboratory orders and the X-ray films checked. And also the factor for the ECC staying time were thought to be statistically significant (P<0.01) according to the status being of no available beds, the laboratory orders and/or the special laboratory orders, the X-ray films checked, final disposing department, transferred to other hospital or not, home medication or not, admission or not, the grades of beds, the year grades of residents, the causes of ECC visit, the being CPR status on admission or not, the surgical operation or not, being known personells in our hospital. Conclution: Authors concluded that the relieving method of long-staying time in ECC was being establishing the legally proved apparatus which could differentiate the true emergency or non-emergency patients, and that the methods of shortening ECC staying time were doing definitely necessary laboratory orders and managing beds more flexibly to admit for ECC patients and finally this methods were thought to be a method of unloading for ECC personnels and improving the quality of care in emergency patients.

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Training, Working State and Ways of Improving Work of Sex Education Counselors in Health Centers (대구·경북지역 보건소 성교육 담당자의 훈련 및 업무현황과 개선방안)

  • Yeom, Seok-Hun;Kim, Chang-Yoon;Lee, Kyeong-Soo
    • Journal of agricultural medicine and community health
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    • v.27 no.2
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    • pp.159-175
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    • 2002
  • This present study was conducted to reduce problems by analyzing training and work of sex education counselors and to come up with ways of improving sex education counseling. A survey was performed in 57 subjects at health centers who finished training on sex education counseling in Taegu Metropolitan City and cities, kuns, and gus of Kyongsangbuk Province from December, 1999 to February, 2000 on general characteristics, items relating to the work of sex education, and ways of improving work. The results are as follows. Out of the sex education counselors, there were 55 females, taking 99% out of the total counselors, and the average age of these counselors was 42 years. There were 26 nurses, and their government grade was level 7 in 36 and level 6 in 14. The members who had finished sex education counseling at each public health center was 2.1 counselors at an average. Among those had finished sex education training, 30 was not in sex counseling. When analyzed the answers given by 27 sex counselors who were counseling at the time and the results are as follows. As for the amount of work, 15 answered to have too much work and 1 little; as for having pride on being a sex education counselor, 18 answered to felt pride and 7 so-so; as for materials for sex education and counseling, 25 answered to use videos, 23 books, 10 pictures, 8 beam projectors, and 7 slides. All of the subjects answered to have other responsibilities besides sex education and counseling, and the satisfaction felt on having other responsibilities was 6 satisfied, 12 average, and 2 dissatisfied. The proportion of work load in sex education counselors was other work besides sex education 76.2%, sex education at schools 7.6%. collecting sex education materials 5.7%, counseling of adolescents 4.9%. development of sex education materials 3.5%, and administrative work related to sex education 3.1%. The biggest problem of their work was over-load in 9 respondents, lack of sex education materials in 8, lack of training in 6, and shortage of professionals in 2. As for the answer on the ways of improving matters related to work of sex education counselors, the most frequent answer was that the organizations responsible for sex education needs to be more professional and systematic, followed by dividing the work load so that they could concentrate on developing education materials and sex education and counseling. Thus, the results of the present study indicated that in order to utilize human resources efficiently, the speciality of counselors needs to be considered when making personnel transfers among health centers, and continued activity as a sex education counselor needs to promoted by reducing other overloading tasks. And systematic re-training of the counselors needs to be done, and education manuals that are diverse and realistic to applicable to the children, who are to be the subjects of sex education, need to be developed and distributed.

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Records Management and Archives in Korea : Its Development and Prospects (한국 기록관리행정의 변천과 전망)

  • Nam, Hyo-Chai
    • Journal of Korean Society of Archives and Records Management
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    • v.1 no.1
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    • pp.19-35
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    • 2001
  • After almost one century of discontinuity in the archival tradition of Chosun dynasty, Korea entered the new age of records and archival management by legislating and executing the basic laws (The Records and Archives Management of Public Agencies Ad of 1999). Annals of Chosun dynasty recorded major historical facts of the five hundred years of national affairs. The Annals are major accomplishment in human history and rare in the world. It was possible because the Annals were composed of collected, selected and complied records of primary sources written and compiled by generations of historians, As important public records are needed to be preserved in original forms in modern archives, we had to develop and establish a modern archival system to appraise and select important national records for archival preservation. However, the colonialization of Korea deprived us of the opportunity to do the task, and our fine archival tradition was not succeeded. A centralized archival system began to develop since the establishment of GARS under the Ministry of Government Administration in 1969. GARS built a modem repository in Pusan in 1984 succeeding to the tradition of History Archives of Chosun dynasty. In 1998, GARS moved its headquarter to Taejon Government Complex and acquired state-of-the-art audio visual archives preservation facilities. From 1996, GARS introduced an automated archival management system to remedy the manual registration and management system complementing the preservation microfilming. Digitization of the holdings was the key project to provided the digital images of archives to users. To do this, the GARS purchased new computer/server systems and developed application softwares. Parallel to this direction, GARS drastically renovated its manpower composition toward a high level of professionalization by recruiting more archivists with historical and library science backgrounds. Conservators and computer system operators were also recruited. The new archival laws has been in effect from January 1, 2000. The new laws made following new changes in the field of records and archival administration in Korea. First, the laws regulate the records and archives of all public agencies including the Legislature, the Judiciary, the Administration, the constitutional institutions, Army, Navy, Air Force, and National Intelligence Service. A nation-wide unified records and archives management system became available. Second, public archives and records centers are to be established according to the level of the agency; a central archives at national level, special archives for the National Assembly and the Judiciary, local government archives for metropolitan cities and provinces, records center or special records center for administrative agencies. A records manager will be responsible for the records management of each administrative divisions. Third, the records in the public agencies are registered in the computer system as they are produced. Therefore, the records are traceable and will be searched or retrieved easily through internet or computer network. Fourth, qualified records managers and archivists who are professionally trained in the field of records management and archival science will be assigned mandatorily to guarantee the professional management of records and archives. Fifth, the illegal treatment of public records and archives constitutes a punishable crime. In the future, the public records find archival management will develop along with Korean government's 'Electronic Government Project.' Following changes are in prospect. First, public agencies will digitize paper records, audio-visual records, and publications as well as electronic documents, thus promoting administrative efficiency and productivity. Second, the National Assembly already established its Special Archives. The judiciary and the National Intelligence Service will follow it. More archives will be established at city and provincial levels. Third, the more our society develop into a knowledge-based information society, the more the records management function will become one of the important national government functions. As more universities, academic associations, and civil societies participate in promoting archival awareness and in establishing archival science, and more people realize the importance of the records and archives management up to the level of national public campaign, the records and archival management in Korea will develop significantly distinguishable from present practice.

The Implications of Changes in Learning of East Coast Gut Successors (동해안굿 전승자 학습 변화의 의미)

  • Jung, Youn-rak
    • (The) Research of the performance art and culture
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    • no.36
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    • pp.441-471
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    • 2018
  • East Coast Gut, Korean shamanism ritual on its east coastal area, is a Gut held in fishing villages alongside Korean east coastal area from Goseong area in Gangwon-Do to Busan area. East Coast Gut is performed in a series mainly by a successor shaman, Korean shaman, who hasn't received any spiritual power from a God, and the implications of this thesis lie in that we look over the learning aspects of Seokchool Kim shaman group among other East Coast Gut successor shaman groups after dividing it into 2 categories, successor shaman and learner shaman and based upon this, we reveal the meaning of the learning aspects of East Coast Gut. For successor shamans, home means the field of education. Since they are little, they chased Gut events performing dance in a series to accumulate onsite experiences. However, in the families of successor shamans that have passed their shaman work down from generation to generation, their descendents didn't inherit shaman work any longer, which changed the way of succession and learning of shaman work. Since 1980's, Gut has been officially acknowledged as a kind of general art embracing songs, dance and music and designated as a cultural asset of the state and each city and province, and at art universities, it was adopted as a required course for its related major, which caused new learner shamans who majored in shamanism to emerge. These learner shamans are taking systematical succession lessons on the performance skills of East Coast Byeolshin Gut at universities, East Coast Byeolshin Gut preservation community, any places where Guts are held and etc.. As changes along time, the successor shamans accepted the learner shamans to pass shaman work down and changes appeared in the notion of towners who accept the performer groups of Gut and Gut itself. Unlike the past, as Gut has been acknowledged as the origin of Korean traditional arts and as the product of compresensive learning on songs, dance and music and it was designated as a national intangible cultural asset, shaman's social status and personal pride and dignity has become very high. As shaman has become positioned as the traditional artist getting both national and international recognition unlike its past image of getting despised, at the site of Gut event or even in the relation with towners, their status and the treatment they get became far different. Even towners, along with shift in shaman groups' generation, take position to acknowledge and accept the addition of new learning elements unlike the past. Even in every town, rather than just insisting on the type or the event purpose of traditional Gut, they think over on the type of festival and the main direction of a variety of Guts with which all of towners can mingle with each other. They are trying to find new meanings in the trend of changing Gut and the adaptation of new generation to this. In our reality of Gut events getting minimalized along with rapid change of times, East Coast Gut is still very actively performed in a series until now compared to Guts in other regions. This is because following the successor shamans who have struggled to preserve the East Coast Gut, the learner shamans are actively inflowing and the series performance groups preserve the origin of Gut and try hard to use Gut as art contents. Besides, the learner shamans systematically organize what they learned on shamanism from the successor shamans and get prepared and try to hand it down to descendents in the closest possible way to preserve its origin. In the future, East Coast Gut will be succeeded by the learner shamans from the last successor shamans to inherit its tradition and develop it to adapt to the times.

A Study on the Types and Changes of the King's Amusement Activities through 『Annals of The Joseon Dynasty(朝鮮王朝實錄)』 (『조선왕조실록(朝鮮王朝實錄)』을 통해 본 왕의 위락활동 유형과 변천)

  • Kang, Hyun-Min;Shin, Sang-Sup;Kim, Hyun-Wuk;Ma, Yi-Chu;Han, Rui-Ting
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.36 no.4
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    • pp.39-49
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    • 2018
  • "Annals of The Joseon Dynasty" is a book recording the Joseon Dynasty's historical facts in an annalistic format. The King's amusement activities through "Annals of The Joseon Dynasty" which were established by the Ye-ak(禮樂) system were analyzed. The results are as follows. The king's amusement activities that were performed during the Joseon Dynasty period could be classified as state banquets, military banquets, and banquets for play. The analysis of the king's amusement activity was divided into five stages. The characteristic of [1 period : King Taejo~Sejo(Yejong)] was dominated the military banquets of the Goryeo Dynasty. Neo-Confucianism is the establishment of political and social turning of the ballast, considerations of military culture, culture, and Hoeryeyeon Jinpungjeong, a cloud of dust and elders banquets such as Giroyeon and Yangnoyeon on the nature of the party. A lasting ordinance was institutionalized[2 period : King Seongjong~Jungjong]. In the chopper and jeongyujaeran, Hong Kyung Rae led a royal amusement activities are stagnant, often produce isolated storage compute in the gloomy situation[3 period : King Injong~Hyeonjong]. Revival period is pride of the amusement activity through the culture of Joseon Dynasty royal culture [4 period : King Sukjong~Jeongjo]. The throne, crashed due to political power is an ebb of royal amusement activities, while also rapidly waning[5 period : King Seonjo~Seonjong]. During the early Joseon Dynasty, hunting took place around the forest area northeast of Hanyang and during King Seongjong's period, it took place closer to the capital city, while in Lord Yeonsan's period, it was expanded to a 39 kilometer radius area from the palace, and banquets such as various forms of entertainment of Cheoyongmu, and Flower-viewing. The Joseon kings who enjoyed hunting were King Sejong, Sejo, Seongjong, Yeonsan, and Jungjong. Most of hunting objects were tigers, bears, deer and roe deer, leopards, boars, their animals and falconry took, and the purpose of the hunting was to perform ancestral rites to the royal ancestry or the royal tombs. Lord Yeonsan's hunting activities had negative effects after King Jungjong the king's hunting activity decreased sharply. However, there were also positive aspects of Lord Yeonsan's Prohibition of cutting woods ect. In conclusion, the expansion of the King's garden(庭:courtyard${\rightarrow}$園:privacy garden${\rightarrow}$苑:king's garden${\rightarrow}$苑?:national hunting park) is evident which starts from formal and informal activities that took place in Oejo, Chijo, and Yeonjo, which went further to the separate and secret gardens, and then even further, thus setting the amusement activity area as a 39 kilometer radius range from Hanyang.

Studies on the Natural Distribution and Ecology of Ilex cornuta Lindley et Pax. in Korea (호랑가시나무의 천연분포(天然分布)와 군낙생태(群落生態)에 관한 연구(研究))

  • Lee, Jeong Seok
    • Journal of Korean Society of Forest Science
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    • v.62 no.1
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    • pp.24-42
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    • 1983
  • To develop Ilex cornuta which grow naturally in the southwest seaside district as new ornamental tree, the author chose I. cornuta growing in the four natural communities and those cultivated in Kwangju city as a sample, and investigated its ecology, morphology and characteristics. The results obtained was summarized as follows; 1) The natural distribution of I. cornuta marks $35^{\circ}$43'N and $126^{\circ}$44'E in the southwestern part of Korea and $33^{\circ}$20'N and $126^{\circ}$15'E in Jejoo island. This area has the following necessary conditions for Ilex cornuta: the annual average temperature is above $12^{\circ}C$, the coldness index below $-12.7^{\circ}C$, annual average relative humidity 75-80%, and the number of snow-covering days is 20-25 days, situated within 20km of from coastline and within, 100m above sea level and mainly at the foot of the mountain facing the southeast. 2) The vegetation in I. cornuta community can be divided that upper layer is composed of Pinus thunbergii and P. densiflora, middle layer of Eurya japonica var. montana, Ilex cornuta and Vaccinium bracteatum, and the ground vegetation is composed of Carex lanceolata and Arundinella hirta var. ciliare. The community has high species diversity which indicates it is at the stage of development. Although I. cornuta is a species of the southern type of temperate zone where coniferous tree or broad leaved, evergreen trees grow together, it occasionally grows in the subtropical zone. 3) Parent rock is gneiss or rhyolite etc., and soil is acidic (about pH 4.5-5.0) and the content of available phosphorus is low. 4) At maturity, the height growth averaged $10.48{\pm}0.23cm$ a year and the diameter growth 0.43 cm a year, and the annual ring was not clear. Mean leaf-number was 11.34. There are a significant positive correlation between twig-elongation and leaf-number. 5) One-year-old seedling grows up to 10.66 cm (max. 18.2 cm, min. 4.0 cm) in shoot-height, with its leaf number 12.1 (max. 18, min), its basal diameter 2.24 mm (max. 4.0 mm, min. 1.0 mm) and shows rhythmical growth in high temperature period. There were significant positive correlations between stalk-height and leaf-number, between stalk-height and basal-diameter, and between number and basal diameter. 6) The flowering time ranged from the end of April to the beginning of May, and the flower has tetra-merouscorella and corymb of yellowish green. It has a bisexual flower and dioecism with a sexual ratio 1:1. 7) The fruit, after fertilization, grows 0.87 cm long (0.61-1.31 cm) and 0.8 cm wide (0.62-1.05 cm) by the beginning of May. Fruits begin to turn red and continue to ripen until the end of October or the beginning of November and remain unfading until the end of following May. With the partial change in color of dark-brown at the beginning of the June fruits begin to fall, bur some remain even after three years. 8) The seed acquision ratio is 24.7% by weight, and the number of grains per fruit averages 3.9 and the seed weight per liter is 114.2 gram, while the average weight of 1,000 seeds is 24.56 grams. 9) Seeds after complete removal of sarcocarp, were buried under ground in a fixed temperature and humidity and they began to develop root in October, a year later and germinated in the next April. Under sunlight or drought, however, the dormant state may be continued.

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Liability of the Compensation for Damage Caused by the International Passenger's Carrier by Air in Montreal Convention (몬트리올조약에 있어 국제항공여객운송인의 손해배상책임)

  • Kim, Doo-Hwan
    • The Korean Journal of Air & Space Law and Policy
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    • v.18
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    • pp.9-39
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    • 2003
  • The rule of the Warsaw Convention of 1929 are well known and still being all over the world. The Warsaw Convention is undoubtedly the most widely accepted private international air law treaty with some 140 countries. In the international legal system for air transportation, the Warsaw Convention has played a major role for more than half century, and has been revised many times in consideration of the rapid developments of air high technology, changes of social and economic circumstances, need for the protection of passengers. Some amendments became effective, but others are still not effective. As a result, the whole international legal system for air transportation is at past so complicated and tangled. However, the 'Warsaw system' consists of the Warsaw Convention of 1929 the Guadalajara Convention of 1961, a supplementary convention, and the following six protocols: (1) the Hague Protocol of 1955, (2) the Guatemala Protocol of 1971, (3) the Montreal Additional Protocols, No.1, (4) the Montreal Additional Protocol No.2, (5) the Montreal Additional Protocol No.3, and (6) the Montreal Additional Protocol No.4. of 1975. As a fundamental principle of the air carrier's liability in the international convention and protocols, for instance in the Warsaw Convention and the Hague Protocol, the principle of limited liability and a presumed fault system has been adopted. Subsequently, the Montreal Inter-carrier Agreement of 1966, the Guatemala City Protocol, the Montreal Additional Protocol No.3, and the Montreal Additional Protocol No. 4 of 1975 maintained the limited liability, but substituted the presumed liability system by an absolute liability, that is, strict liability system. The Warsaw System, which sets relatively low compensation limits for victims of aircraft accidents and regulates the limited liability for death and injury of air passengers, had become increasingly outdated. Japanese Airlines and Inter-carrier Agreement of International Air Transport Association in 1995 has been adopted the unlimited liability of air carrier in international flight. The IATA Inter-Carrier Agreement, in which airlines in international air transportation agree to waive the limit of damages, was long and hard in coming, but it was remarkable achievement given the political and economic realities of the world. IATA deserves enormous credit for bringing it about. The Warsaw System is controversial and questionable. In order to find rational solution to disputes between nations which adopted differing liability systems in international air transportation, we need to reform the liability of air carriers the 'Warsaw system' and fundamentally, to unify the liability system among the nations. The International Civil Aviation Organization(ICAO) will therefore reinforce its efforts to further promote a legal environment that adequately reflects the public interest and the needs of the parties involved. The ICAO Study Group met in April, 1998, together with the Drafting Committee. The time between the "Special Group on the Modernization and Consolidation of the 'Warsaw system'(SGMW)" and the Diplomatic Conference must be actively utilized to arrange for profound studies of the outstanding issues and for wide international consultations with a view to narrowing the scope of differences and preparing for a global international consensus. From 11 to 28 May 1999 the ICAO Headquarters at Montreal hosted a Diplomatic Conference convened to consider, with a view to adoption, a draft Convention intended to modernize and to integrate replace the instruments of the Warsaw system. The Council of ICAO convened this Conference under the Procedure for the Adoption of International Conventions. Some 525 participants from 121 Contracting States of ICAO attended, one non-contracting State, 11 observer delegations from international organizations, a total of 544 registered participants took part in the historic three-week conference which began on 10 May. The Conference was a success since it adopted a new Convention for the Unification of Certain Rules for International Carriage by Air. The 1999 Montreal Convention, created and signed by representatives of 52 countries at an international conference convened by ICAO at Montreal on May 28, 1999, came into effect on November 4, 2003. Representatives of 30 countries have now formally ratified the Convention under their respective national procedures and ratification of the United States, which was the 30th country to ratify, took place on September 5, 2003. Under Article 53.6 of the Montreal Convention, it enters into force on the 60th day following the deposit of the 30th instrument of ratification or acceptation. The United States' ratification was deposited with ICAO on September 5, 2003. The ICAO have succeeded in modernizing and consolidating a 70-year old system of international instruments of private international law into one legal instrument that will provide, for years to come, an adequate level of compensation for those involved in international aircraft accidents. An international diplomatic conference on air law by ICAO of 1999 succeeded in adopting a new regime for air carrier liability, replacing the Warsaw Convention and five other related legal instruments with a single convention that provided for unlimited liability in relation to passengers. Victims of international air accidents and their families will be better protected and compensated under the new Montreal Convention, which modernizes and consolidates a seventy-five year old system of international instruments of private international law into one legal instrument. A major feature of the new legal instrument is the concept of unlimited liability. Whereas the Warsaw Convention set a limit of 125,000 Gold Francs (approximately US$ 8,300) in case of death or injury to passengers, the Montreal Convention introduces a two-tier system. The first tier includes strict liability up to l00,000 Special Drawing Rights (SDR: approximately US$ 135,000), irrespective of a carrier's fault. The second tier is based on presumption of fault of a carrier and has no limit of liability. The 1999 Montreal Convention also includes the following main elements; 1. In cases of aircraft accidents, air carriers are called upon to provide advance payments, without delay, to assist entitled persons in meeting immediate economic needs; the amount of this initial payment will be subject to national law and will be deductable from the final settlement; 2. Air carriers must submit proof of insurance, thereby ensuring the availability of financial resources in cases of automatic payments or litigation; 3. The legal action for damages resulting from the death or injury of a passenger may be filed in the country where, at the time of the accident, the passenger had his or her principal and permanent residence, subject to certain conditions. The new Montreal Convention of 1999 included the 5th jurisdiction - the place of residence of the claimant. The acceptance of the 5th jurisdiction is a diplomatic victory for the US and it can be realistically expected that claimants' lawyers will use every opportunity to file the claim in the US jurisdiction - it brings advantages in the liberal system of discovery, much wider scope of compensable non-economic damages than anywhere else in the world and the jury system prone to very generous awards. 4. The facilitation in the recovery of damages without the need for lengthy litigation, and simplification and modernization of documentation related to passengers. In developing this new Montreal Convention, we were able to reach a delicate balance between the needs and interests of all partners in international civil aviation, States, the travelling public, air carriers and the transport industry. Unlike the Warsaw Convention, the threshold of l00,000 SDR specified by the Montreal Convention, as well as remaining liability limits in relation to air passengers and delay, are subject to periodic review and may be revised once every five years. The primary aim of unification of private law as well as the new Montreal Convention is not only to remove or to minimize the conflict of laws but also to avoid conflict of jurisdictions. In order to find a rational solution to disputes between nations which have adopted differing liability systems in international air transport, we need fundamentally to reform their countries's domestic air law based on the new Montreal Convention. It is a desirable and necessary for us to ratify rapidly the new Montreal Convention by the contracting states of lCAO including the Republic of Korea. According to the Korean and Japanese ideas, airlines should not only pay compensation to passengers immediately after the accident, but also the so-called 'condolence' money to the next of kin. Condolence money is a gift to help a dead person's spirit in the hereafter : it is given on account of the grief and sorrow suffered by the next of kin, and it has risen considerably over the years. The total amount of the Korean and Japanese claims in the case of death is calculated on the basis of the loss of earned income, funeral expenses and material demage (baggage etc.), plus condolence money. The economic and social change will be occurred continuously after conclusion of the new Montreal Convention. In addition, the real value of life and human right will be enhanced substantially. The amount of compensation for damage caused by aircraft accident has increased in dollar amount as well as in volume. All air carrier's liability should extend to loss of expectation of leisure activities, as well as to damage to property, and mental and physical injuries. When victims are not satisfied with the amount of the compensation for damage caused by aircraft accident for which an airline corporation is liable under the current liability system. I also would like to propose my opinion that it is reasonable and necessary for us to interpret broadly the meaning of the bodily injury on Article 17 of the new Montreal Convention so as to be included the mental injury and condolence. Furthermore, Korea and Japan has not existed the Air Transport Act regulated the civil liability of air carrier such as Air Transport Act (Luftverkehrsgestz) in Germany. It is necessary for us to enact "the Korean Air Transport Contract Act (provisional title)" in order to regulate the civil liability of air carrier including the protection of the victims and injured persons caused by aircraft accident.

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