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A Critical Review and Legislative Direction for Criminal Constitution of Piracy (해적행위의 범죄구성요건에 대한 비판적 고찰과 입법 방향)

  • Baeg, Sang-Jin
    • Journal of Legislation Research
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    • no.55
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    • pp.167-191
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    • 2018
  • Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

The story structure characteristic of the "Shinbi Apartment" animation and meaning of contents of the traditional ghost story (애니메이션 <신비아파트: 고스트볼의 비밀>의 구성적 특징과 전통귀신담의 콘텐츠화의 의미)

  • Song, So-ra
    • Journal of Korean Classical Literature and Education
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    • no.39
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    • pp.137-180
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    • 2018
  • This article examines the constitutional characteristics of the works in the "Shinbi Apartment" (Mysterious Apartment) series produced by Tooniverse, a domestic animation channel, and considers the meaning of the contents of the ghoststory (鬼神談). The "Shinbi Apartment" series is a horror animation for children. It was produced for the first time in Korea and recorded high ratings. Additionally, it is different from Japanese horror animations that were dubbed and broadcast in Korea in terms of composition and narrative direction, and it succeeds in the form and direction of the traditional Korean ghost story. "Shinbi Apartment - The Secret of Ghost Ball" enriches narrative stories by embracing the structure of the "female ghost story" in traditional ghost stories while following the form of ghosts that suddenly pop up in the daily routines of contemporary ghost stories. The ghost's shape, which has a bizarre and unpredictable aspect, embodies the ghost as the object of fear that modern horror stories intend. However, it does not stop there, but puts the attention on the hero who focuses on the emerging ghost and listens and communicates with it, placing the emphasis of the story on communication, understanding, forgiveness, and reconciliation. The structure and contents of the unique story of "The Secret of Ghost Ball" contribute to the transformation of the ghost into a subject of friendliness and entertainment, not merely as one of shock, fear, and anxiety. Additionally, as the concept of "child" is being created, the custom of modernity, which deals with the story of ghosts in the dimension of teaching and edification, is also manifested in "The Secret of Ghost Ball." In other words, through the figure of the devil, it is to continue the lesson of the story by revealing the adventure, the courage necessary for the "child," and the boundaries for substance and appearance. The "Shinbi Apartment" series has also contributed to the success of ghosts as commercial contents. The structure of the story and its characters have been actively used as educational tools and toys for children. It can be said that ghost culture contributed to this popularization by establishing a base for enjoying ghosts for amusement and entertainment.

Nong-ak Artist's Activities seen from the perspective of "Maiden's (娘子) Nong-ak" and 'Girls' (少女) Nong-ak" ('낭자(娘子)농악'과 '소녀(少女)농악'을 통해본 여성 농악예인의 활동)

  • Park, Hye-yeong
    • (The) Research of the performance art and culture
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    • no.32
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    • pp.209-241
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    • 2016
  • "Women's Nong-ak (農樂, Traditional Korean music performed by farmers)" was born together with "Maiden group." This study focuses on the reason why women appeared as principal agents of Nong-ak which was almost exclusive to men previously and especially, on the appearance of women Nong-ak Artists who was previously worked in Traditional Drama Troupe. This study empirically deals with details of activities of Maiden's (娘子) Nong-ak troupes and Girls' (少女) Nong-ak troupes through newspaper articles. Women Nong-ak Artists enjoyed popularity with their peculiar attractions. Participating in Nong-ak contests and collecting money for their performances, women Nong-ak Artists learned their skills form masters of Woodo Nong-ak and attracted attention with their colorful costumes. Women of Nong-ak circle especially saw through the trend of the time, expanded their arena of activities and exercised flexibility and ability to react quickly to changing situations while mixing with various genres. In particular, young girls were mobilized to show value and marketability of Korean culture as cultural medium who decorated "Pure Nong-ak art stage." They were no different from "Pretty dolls dancing like angels" who could not purse their interest and economic benefit or incite political cause and their patrons were domestic and overseas political figures. Women artists, who put Nong-ak on the stage in the name of Maiden's (娘子) Nong-ak troupes and Girls' (少女) Nong-ak after the liberation from Japanese colonial rule, contributed to expansion of market base. Women Nong-ak artists, who dominated a century in such troupes as Sadangpae, Hyuprulsa, Maiden's (娘子) Nong-ak troupes, Girls' (少女) Nong-ak troupes and Women Nong-ak troupes, were the very heroines who overturned the conventions of "male predominance (男尊女卑)" which filled Nong-ak arena and cultivated a new tradition of Nong-ak culture.

A Task for Listing Martial arts of 『Muyedobotongji』 on the UNESCO Representative List of Intangible Cultural Heritage of Humanity (『무예도보통지』 무예 인류무형유산 등재 과제)

  • Kwak, Nak-hyun
    • (The)Study of the Eastern Classic
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    • no.69
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    • pp.451-479
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    • 2017
  • The objective of this study is to examine the tasks for listing martial arts of "Muyedobotongji" on the UNESCO Representative List of Intangible Cultural Heritage of Humanity. The conclusions are like below. First, "Muyedobotongji" was published in 1790(14th year of King Jeongjo). The 24 martial arts of "Muyedobotongji" were basically divided into three types like stabbing, chopping & cutting, and hitting. Second, the value of martial arts of "Muyedobotongji" is highly evaluated because it has systematically put together the martial arts of three countries like Korea, China, and Japan of the 18th century, suitable for the actual status of Joseon Dynasty, in the new perspective. The value of "Muyedobotongji" as a Memory of the World is the martial arts book emphasizing the practicality, so that everyone including officers and soldiers could easily learn. Third, the procedure of registering martial arts of "Muyedobotongji" in the UNESCO Representative List of Intangible Cultural Heritage of Humanity has three stages including preparation/submission, screening, and decision, which takes two years. Especially, the screening assistance organization, as an organization under the Intangible Cultural Heritage Convention Intergovernmental Committee is composed of total six countries(one for each area) out of 24 member countries. Fourth, the tasks for listing martial arts of "Muyedobotongji" in the UNESCO Representative List of Intangible Cultural Heritage of Humanity are like following. (1) It would be necessary to conduct a total inspection of the collection of "Muyedobotongji". (2) It would be necessary to designate the martial arts of "Muyedobotongji" as the municipal/provincial/national intangible cultural heritage. (3) It would be needed to standardize the practical martial arts technique/movement of "Muyedobotongji". (4) The historical evidence of martial arts costumes/weapons of "Muyedobotongji" should be studied. (5) A committee for the registration of martial arts of "Muyedobotongji" in the UNESCO Representative List of Intangible Cultural Heritage of Humanity should be organized. (6) There should be a close cooperation system between relevant departments like the World Heritage Team of Cultural Heritage Administration and the Ministry of Foreign Affairs. (7) Domestic/foreign data related to martial arts of "Muyedobotongji" should be comprehensively collected to meet the registration standard of UNESCO. (8) The registration type of Intangible Cultural Heritage of Humanity should be prepared.

The Haenam Yoon's the 8th jonbu(종부) Gwangju Lee's family management in Korean letter of Joseon era (한글편지에 나타난 해남윤씨가 8대 종부 광주이씨의 가문경영)

  • Lee, hyun-ju
    • (The)Study of the Eastern Classic
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    • no.73
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    • pp.385-414
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    • 2018
  • In this article, the women as the subject of the family management in the 19th century cataclysm, In particular, I tried to reconstruct the specific life course of a woman who has a status as a jongbu(종부) in the Korean language through the Hangul letter. The Haenam Yoon's the 8th jongbu(종부) Gwangju Lee attempted to find her own unique identity, not the male-centered social order she had learned. Because she had to live a life outside the traditional environment of traditional society because her husband died at the beginning of her marriage. She perceived herself as an independent subject that she had to find and maintain. When Gwangju Lee married and came to the family of Haenam Yun, the economic power of jong-ga(종가) was much inclined. This economic difficulty was caused by the conflict with the slaves and the decrease of tallage(地代) to the change of the slavery system which was the social flow at that time. And uncles of her husband's intervention made the economic situation of the family more difficult. She established her position as a jongbu(종부) and used the right of Adoption option(입후권) of the jongbu(종부) to establish the impoverished family. She chose adoption from distant relatives who were not children of her husband's uncles. Therefore, I was free from her husband uncle's interests. She also believed that it was most important to take control of the economic interests of her family in order to secure her authority as a jongbu(종부). She believed that she had to exercise her economic rights in order to bring slave labor, which is the most important means of sustaining the domestic economy at the time, In the absence of her husband, she established her family in the social upheaval of the nineteenth century, and took her place as a master of a family, not just a family name.

Southeast Asia and ASEAN in 2016: Disappointing Records and Increasing Uncertainty (동남아와 아세안 2016: 기대와 혼돈 속에 커져가는 불확실성)

  • SHIN, Yoon Hwan
    • The Southeast Asian review
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    • v.27 no.1
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    • pp.95-129
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    • 2017
  • This study surveys and reviews political change, economic performance, and regional cooperation that were carried out in 2016 by Southeast Asian countries and ASEAN. This paper reports that what has followed the inauguration of new governments in Myanmar, the Philippines, Vietnam, and Laos fails to live up to the expectation and optimism that arose in the aftermath of elections and party congresses that took place in the first half of the year. In other countries such as Malaysia, Thailand, and Cambodia, where authoritarian regimes are faced with strong oppositions, the prospects for democratic change worsened to a substantial degree, as schisms and internal strives complicated the opposition camp as a result of instigation and intervention by the authoritarian leaders and their followers. In stable political systems, both democratic and authoritarian, no significant changes that may entail serious political implications were noticed. In 2016, the national economy of almost each and every country continued its slow but steady recovery that had started in 2014 and grew by 5% on the average. For 2017 onward, however, the earlier optimism that it would grow at least as fast dimmed down as uncertainty about the world economy looms larger due to the unexpected win by Donald Trump as U.S. president and the expected 'hard landing' of the Chinese economy around 2018. ASEAN declared the launch of the ASEAN Economic Community (AEC) only one day before the New Year, but its track record looked already bad and unpromising by the end of 2016. ASEAN leaders were tied up by their domestic politics and affairs too tightly to take time off to work seriously to observe the schedule as laid out in the AEC Blueprint 2025. Korea's relationship with Southeast Asian countries and ASEAN was "as good as it gets" in 2016 as ever but could become subject to tough review in the near future, if the Ministry of Foreign Affairs is found out to have been implicated in the ongoing Choi Sun Sil scandal and if the opposition wins the next presidential election to be held by this year.

Three-generation stories of the Joseon Dynasty, A Study on the Aspects of Family Therapy (삼대록계 국문 장편소설에 나타난 가족치료양상 연구 - 보웬의 이론에 근거하여 -)

  • Lee, hui su
    • (The)Study of the Eastern Classic
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    • no.49
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    • pp.393-430
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    • 2012
  • In this paper, Bowen's family therapy from the perspective of the theory, narrative analysis of Korean novels, three Regis - tration Subsection.Bowen's description of the individual's behavior is causing problems within the family of anxiety and self-differentiation using two variables. The home if problems or conflicts expressed in these works, the figures showed that the undifferentiated ego at the center of the problem. Undifferentiated ego character felt extreme anxiety when their alienation from the relationship of the family-oriented jeokjangja Undifferentiated ego to relieve anxiety and to consolidate their position in the family relationship, so people were strongly united with each other. Sohyunseongnok, Chossisamdaerok series structures and patterns of a series of domestic problems occur, "mother and son, self-differentiation self undifferentiated undifferentiated ego and self-differentiation mother son, mother and self-ego undifferentiated undifferentiatedcan be subdivided into the son '.Established a symbiotic relationship between them and the U.S. established the presence of a pattern, healer, depending on the deployment method depends narrative. And is divided accordingly, self-determination and to the Son, a son, a son to be born again through repentance of the execution. Depending on the presence or absence healer than what was described on the deployment structure differs. Undifferentiated ego and self undifferentiated mother son family therapist within the family, the problem is solved. Son, a son to repent and be born again, and that caused the problem. Ego Undifferentiated mother and son self-differentiation, undifferentiated ego and self-differentiation mother son home my healer in the absence son committed suicide and executions each tragedy occurred. Personal level, but occurred at home conflicts or problems about this when analyzing the Three-generation stories of the Joseon Dynasty, by applying the theory of Bowen's Family Therapy view dimension in the relationship between family were. Toughness or desire of any one individual, but serious conflicts and problems within the family, the institution of the family itself is the root cause was. And was able to reveal aspects of narrative flow, depending on the presence or absence of family therapists vary significantly depending on his role in the rest of the family comfort and peace determines whether the Three-generation stories of the Joseon Dynasty, received an important narrative of men and axis formation. In a gauze-like situation of this problem in the Three-generation stories of the Joseon Dynasty, a personal desire or toughness in confined without the dimension of the entire family. And extrinsic psychological approach against the background of the wall in the main narrative of the sufferings of women of Korean novels, approached significance.

The Transmission Direction and Tasks of Ssireum as a National Intangible Cultural Heritage (씨름의 국가무형문화재 전승방향 및 과제)

  • Kwak, Nak-hyun
    • (The)Study of the Eastern Classic
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    • no.67
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    • pp.203-236
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    • 2017
  • The objective of this study is to suggest the transmission direction and tasks of Ssireum, and the conclusions are like below. First, Ssireum has been designated as a national intangible cultural heritage(No.131) in December 2016. Second, in the current status of preservation and spread of Ssireum, there is no system related to the transmission of Ssireum such as cultivation of professional manpower, and facilities, programs, and administration/finance for transmitting Ssireum. Third, based on the "Intangible Cultural Heritage Preservation & Promotion Act", the transmission direction of Ssireum was suggested. (1)The designation of a college to transmit Ssireum would be needed. (2)The Ssireum curriculum should be established. (3) It would be necessary to secure trainees for transmitting Ssireum. (4)The production of teaching materials for transmitting Ssireum would be needed. (5)It would be needed to secure training institutes designated in each region and also teaching personnels for transmitting Ssireum. (6)The research direction for the correct transmission of Ssireum should be set up. Fourth, based on the "Ssireum Promotion Act", the transmission direction of Ssireum was suggested. (1)It is urgent to complement provisions for transmitting Ssireum. (2)For the transmission of Ssireum, instead of the transmission direction of Ssireum as a national intangible cultural heritage in the standardized perspective, it would be necessary to seek for the joint transmission direction between South & North Korea for research & documentation of Ssireum that could be systematized/shared between South & North Korea, development/spread of contents for discovering the original form of Ssireum, and the establishment of a base of transmission system for the preservation/promotion of Ssireum through the academic/institutional exchanges regarding Ssireum between South and North Korea. Moreover, the overall and fundamental transmission measures for the education, transmission, research, record, and informatization of Ssireum, and the cultivation of professional manpower should be established. Fifth, the contents of institutional tasks for Ssireum are like following. (1)The institutional complementation of the "Ssireum Promotion Act" should be done for the domestic/foreign promotion of Ssireum. (2)For the integration of Ssireum organizations, the administrative system should be unified. (3)The standard technical system manual for Ssireum should be produced. (4)The 'Ssireum Transmission Center' should be built for the preservation and systematic transmission of Ssireum. (5)The selection of a college for transmitting Ssireum and the establishment of a system to cultivate Ssireum successors should be done. (6)It would be necessary to establish database(DB) for the use of Ssireum techniques essential for the transmission of Ssireum.

A case study on monitoring the ambient ammonia concentration in paddy soil using a passive ammonia diffusive sampler (논 토양에서 암모니아 배출 특성 모니터링을 위한 수동식 암모니아 확산형 포집기 이용 사례 연구)

  • Kim, Min-Suk;Park, Minseok;Min, Hyun-Gi;Chae, Eunji;Hyun, Seunghun;Kim, Jeong-Gyu;Koo, Namin
    • Korean Journal of Environmental Biology
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    • v.39 no.1
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    • pp.100-107
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    • 2021
  • Along with an increase in the frequency of high-concentration fine particulate matter in Korea, interest and research on ammonia (NH3) are actively increasing. It is obvious that agriculture has contributed significantly to NH3 emissions. However, studies on the long-term effect of fertilizer use on the ambient NH3 concentration of agricultural land are insufficient. Therefore, in this study, NH3 concentration in the atmosphere of agricultural land was monitored for 11 months using a passive sampler. The average ambient NH3 concentration during the total study period was 2.02 ㎍ m-3 and it was found that the effect of fertilizer application on the ambient NH3 concentration was greatest in the month immediately following fertilizer application (highest ambient NH3 concentration as 11.36㎍ m-3). After that, it was expected that the NH3 volatilization was promoted by increases in summer temperature and the concentration in the atmosphere was expected to increase. However, high NH3 concentrations in the atmosphere were not observed due to strong rainfall that lasted for a long period. After that, the ambient NH3 concentration gradually decreased through autumn and winter. In summary, when studying the contribution of fertilizer to the rate of domestic NH3 emissions, it is necessary to look intensively for at least one month immediately after fertilizer application, and weather information such as precipitation and no-rain days should be considered in the field study.

The Manufacturing Techniques of the Stone Standing Maitreya Bodhisattva Bronze Wind Chimes of Gwanchoksa Temple, Nonsan (자연과학적 분석을 통한 논산 관촉사 석조미륵보살입상(論山 灌燭寺 石造彌勒菩薩立像) 청동풍탁(靑銅風鐸)의 제작 기법 연구)

  • LEE, Soyeon;CHUNG, Kwangyong
    • Korean Journal of Heritage: History & Science
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    • v.54 no.2
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    • pp.22-37
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    • 2021
  • The wind chime is a longstanding Jangeomgu (majestic article) found in Korea, China, and Japan. However, basic research on wind chimes is currently inadequate as it is difficult to estimate the time of production, and there are few relics. Therefore, this research morphologically classifies the eight bronze wind chimes decorating the baldachin of the Stone Standing Maitreya Bodhisattva of Gwanchoksa Temple, Nonsan. Based on this, the manufacturing techniques and production period are scientifically demonstrated. The synthesis of the research results reveals that the structure and characteristics of the wind chimes of the Stone Standing Maitreya Bodhisattva of Gwanchoksa Temple, Nonsan differ depending on their location on the baldachin. The four large-sized wind chimes on the lower-baldachin were manufactured by casting a Cu-Sn-Pb alloy, and they are estimated to have been made during the early period of Goryeo. The two medium-sized wind chimes of the upper-baldachin's northern direction were manufactured through forging a Cu-Sn or Cu-Sn-Pb alloy, and they appear to have a similar structure to the cylindrical wind chimes appearing during the latter period of Goryeo and the Joseon period. The two small-sized wind chimes of the upper-baldachin's southern direction were manufactured by casting a Cu-Sn-Pb alloy containing Zn, and based on the chemical composition of the alloy and the shape of the clapper, they are estimated to have been manufactured during the latter period of Joseon. Through the observation of microstructures and a chemical composition analysis, it is demonstrated that two wind chimes of the lowerbaldachin were manufactured by casting and slow cooling the alloy with an alloy ratio of Cu:Sn:Pb≒80:15:5. In addition, it is estimated that the wind chimes of the upper-baldachin's northeast direction were manufactured by forging an alloy of Cu-Sn with a similar alloy ratio to that of forged high tin bronze. The results of a comparative analysis of prior research on domestic wind chimes confirm that two wind chimes of the lower-baldachin have a similar composition ratio to the wind chime excavated from Wolnamsaji in Gangjin, containing an amount of tin that corresponds with ancient records. Having a similar alloy ratio to forged high tin bronze, the wind chimes of the upper-baldachin's northeast direction are the only instances among all of the wind chimes that have been examined to date that were manufactured using this forging method. The purpose of this research is to collect baseline data to verify and classify the manufacturing period of wind chimes according to their morphological characteristics based on scientific evidence. It is hoped that this data can be utilized for the restoration and conservation processes of the wind chimes of the Stone Standing Maitreya Bodhisattva of Gwanchoksa Temple, Nonsan.