• Korean Journal of Environment and Ecology
• /
• v.28 no.6
• /
• pp.779-788
• /
• 2014

This study, as a case where the environmental conflict and dispute arose between the use and the conservation as in the other protected areas in Korea, took the first step to build ecological citizenship to solve various and complicated issues in a fundamental level by providing a basic information on differentiated environmental perceptions of the locality and the visitors of Seoraksan National Park. The questionnaire survey was employed on September 6th and 7th with 150 residents of the park area and 200 visitors of Osaek-Daechungbong trail. Total number of 13 survey questions was introduced using Dunlap and Liere's NEP index. The result shows that the perception of 'balance of nature' was more dominant to the perception of 'humans over nature' and the perception to the 'limits to growth' was also somewhat positive in both groups. The differences in environmental perceptions between the groups exist; the visitor group tended to have more positive level of acceptance of NEP views. Such differences in perceptions suggest that a different normative approach should be taken to the residents of the national park with less pro-environment in their perceptions when policy making. It thus seemed possible that ecological citizenship could be realized since the younger and the higher education level are, the more pro-environment. The findings of the research may cause some concerns however, because the study has been confined as a case study with basic understanding of environmental perceptions and its differences between the interest groups. More extensive research is required to confirm if this is generalized.

• Journal of Sasang Constitutional Medicine
• /
• v.10 no.2
• /
• pp.151-162
• /
• 1998

Purpose and Method : We have many difficulty of using the existing medical Hurbs based on the theory of Yin-yang and the five elements, this is why we still do not explain the Sasang Constitutional medical Hurb Classification and do not have the Sasang Constitutional Pharmacology exactly, so we easily enter into a dispute and confusion. So through literary consideration about clematis mandshurica Maxim. I try to objectify Sasang Constitutional Clasification of Clematis mandshurica Maxim and the spirit of using Clematis mandshurica Maxim and common property of Sasang Constitutional Medical Hurb and try to find out a clue that search the effect of other Sasang Constitutional Medical Hurb. Result : Qi(氣) and mi(味) of Clematis mandshurica Maxim has bitter and hot taste and have won Qi(溫氣), the color is dark, the using portion of clematis mandshurica Maxim is root as medial Hurb. So Clematis mandshurica Maxim fall down from lung and divied impurity and purity and able to remove the symptom that dryness and fever is solidified like Magnoliae cortex(厚朴). Clematis mandshurica Maxim have the effect of awakening Jin-Qi(眞氣) of lung and divide impurity and purity of Qi(氣) and ack(液) and improve the fuction and structure of Taeumin(太陰人) I think that the method of literay consideration on objectification of Sasang Constitution Pharmacology is of great value.

• The Korean Society of Law and Medicine
• /
• v.19 no.2
• /
• pp.139-171
• /
• 2018

The 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」(hereinafter referred to as 'the Act on Mediation of Medical Disputes') provides that the state should compensate the victims of medical accidents occurred irresistibly in childbirth despite that health and medical service personnel fulfilled their duty of care for their damage within the range of its budget(Article 46 of the Act on Mediation of Medical Disputes). Given that victims of medical accidents could expect demage recovery only through lawsuits thus far, this act can be said to be a groundbreaking act. However, However, as 30% of the costs for such medical accident compensation projects are borne by those who have records of childbirth among the founders of health and medical institutions (Article 21 of the Act on Mediation of Medical Disputes), there has been a question about whether doctors are held responsible despite that the accidents such as the deaths of mothers and newborn babies occurred irresistibly without doctors' fault. However, recently, the Constitutional Court ruled that 'the range of founders of health and medical institutions' and 'share ratios of finances for compensation' in Article 46 (3) of the Act on Mediation of Medical Disputes' related to the imposition of the share of costs are institutional (Constitutional Court ruling dated April 26, 2018, 2015Heonga13, hereinafter referred to as 'the ruling in the case'). Although the ruling in the case was made based on only the principle of statutory reservation and the principle of ban on comprehensive authorization, this paper added a practical judgment. This paper proved that the share of costs in this case has the nature of burden charges in pursuit of study and does not infringe on the property rights of the founders of health medical institutions even in light of the principle of proportionality because there is a legitimate reason for imposing the burden charge. The imposition of the share of costs in the system for compensation for medical accidents occurred irresistibly is against the principle of liability with fault in part. However, the medical accident compensation projects are rational a national policy for the victims of medical accidents and the medical world clearly gains some benefits from the effect to terminate medical disputes. The expansion of finances for compensation through the payments of the share of costs will reduce the suffering and misunderstanding of victims of medical accidents occurred in the process of childbirth and will be very helpful to the construction of stable treatment environments of medical workers by quickly establishing the medical accident compensation projects as such.

• Journal of Legislation Research
• /
• no.44
• /
• pp.283-314
• /
• 2013

Das koreanische Verwaltungsprozessgesetz (KVwPG) wurde am 24. 8. 1951 kodifiziert. Es hat bisher mehrmals $ge{\ddot{a}}ndert$. Der Regierungsentwurf des KVwPG-${\ddot{A}}nderungsgesetzes$ vom 30. 3. 2013, ist fast $drei{\ss}ig$ jahre nach der Novellierung des KVwPGs 1984 erfolgt und auch spiegelt sich die Erfolge der $Bem{\ddot{u}}hungen$ in Literatur und Rechtsprechung wider. Aber es gibt nicht nur einige Unterschiede zwischen dem Regierungsentwurf und dem Entwurf der Kommission des Justizministeriums zur ${\ddot{A}}nderung$ des KVwPG (dem sog. Kommissionsentwurf), sondern auch der Regierungsentwurf ist theoretisch nicht problemlos. Vor allem sind Begriff und Umfang der neuen Klagebefugnis nicht klar. Des weiteren sind in ${\S}$ 12 des Regierungsentwurfs die Klagebefugnis mit dem $Rechtsschutzbed{\ddot{u}}rfnis$ identisch gesehen. Der $Rechtsschutzbed{\ddot{u}}rfnis$ nach ${\S}$ 12 Satz 2 des Regierungsentwurfs kann aus meiner Sicht relativ eng ausgelegt. Die $Einf{\ddot{u}}hrung$ der Verpflichtugnsklage in den Regierungsentwurf ist sehr gut, aber es kann trotzdem als problematisch angesehen werden dass Feststellungsklage der Rechtswidrigkeit der Unterlassung und Anfechtungsklage gegen Ablehnung bestehen noch. Der Begriff der Unterlassung ist $unn{\ddot{o}}tig$ und auch strikt. $Vorl{\ddot{a}}ugier$ Rechtsschutz des Regierungsentwurfs ist unter dem Gesichtpunkt der Rechtsschutz der $B{\ddot{u}}rger$ noch zu verbessern, aber doch das Modell des japanischen Verwaltungsprozessgesetzes darf nicht befolgt werden. Aufbau und System des $vorl{\ddot{a}}ufigen$ Rechtsschutzes sind auch nicht eindeutig. Nach Gegenstand und Klageart muss das Institut des $vorl{\ddot{a}}ufigen$ Rechtsschutzes in Ordnung gebracht werden. Es ist nicht ${\ddot{u}}berzeugend$ dass die $Einw{\ddot{a}}nde$ gegen die $Einf{\ddot{u}}hrung$ der vorbeugenden Unterlassung mit dem Gewaltenteilungsprinzip und der $Eigenst{\ddot{a}}ndigkeit$ der Verwaltung erhoben sind. $Dar{\ddot{u}}ber$ hinaus ist ADR (Alternative Dispute Resolution) zu beachten. In Bezug darauf ist Rechtgrundlage $f{\ddot{u}}r$ Mediation in der Verwaltungsgerichtsbarkeit zu stellen.

• Journal of Korean Philosophical Society
• /
• v.130
• /
• pp.305-335
• /
• 2014

Counseling is conducted through dialogue in relation to counselor and client. Therefore the philosophical counseling first must consider the circumstances, prescribe the main concepts and proceed to the specific methodology in order to be the practical study. The philosophical counseling includes the six necessary concepts-subjects, time, place, object, method, and purpose-because of its behavioral concepts. The subjects are counsellor and client, the place is where public institutions authorize officially for counseling, the time is when the two parties are meeting face to face, the object is the client's facing problems right now, the method is the philosophical assistance, and the purpose is to dissolve the client's problems. The client's facing problems here are the developmental tasks according to the developmental stages and the maladaptive behaviors related to the cognitive distortions appearing in the process. And the philosophical assistance methods are the types to make the facilitating environment and dispute the wrong thoughts and the irrational beliefs. However, the client's problems in counseling often appear in the causes combined between the cognitive elements and the emotive elements which are treated mainly in the psychological counseling. In that case, the way to solve the problems in the philosophical counseling should be applied to with the psychological methods in parallel or in regular succession. Therefore the six necessary concepts of the philosophical counseling are not the absolute meanings but the meanings in general. If so, the concept of the philosophical counseling can be defined as the process in which counselor and client meet face to face and dissolve the client's facing problems through mainly the philosophical methods with the counselor's assistance. If the main concepts of the philosophical counseling can be prescribed as mentioned above, post study needs to proceed to the specific methodology.

• Journal of the Korean Institute of Landscape Architecture
• /
• v.49 no.2
• /
• pp.27-40
• /
• 2021

This study was carried out for the description of the conflicts on the measurement of the root collar diameter of the landscape trees that are currently being produced, distributed, and planted in S. Korea, and for determination of the standard for root collar diameter measurement. The difference in consciousness of appropriate measurement of root collar diameter among different ages of landscape practitioners was statistically significant at p<0.05 level. It seemed to be due to the difference in the amount of field experiences among different age groups. On "the ambiguity of measuring the root collar diameter' of landscape trees", the consciousness was significantly different at p<0.05 level among job positions. On "Improvement of measurement criteria for landscape trees," it was significantly different at p<0.05 level among job types. This was thought to be due to the disagreement between the client and the contractor. On "prevention of topsoil removal" when excavating landscape trees, the consciousness was significantly different at p<0.001 level among different age groups, and different at p<0.01 level among different occupations, and different at p<0.05 level among different working area. The consciousness on "removing top soil when excavating landscape trees and rooting after transplantation" was not significantly different. The consciousness on the conflict caused by "ambiguity in root collar diameter measurement criteria" was high with an average of 3.85 for job type, occupation, jop position, and work experience. It was higher for landscape contractors than public institutions. The higher job positions and more experiences, the more conflicts. The consciousness on the appropriate position of root collar diameter measurement for landscape trees revealed that measuring at above-ground part (66.5%) was prefered to the underground part (33.0%). During the excavation of landscape trees for transplant, topsoil removal up to average depth of -2cm to -4cm was favored by 84.0%, and the purpose of removing topsoil was recognized as 'to increase the size and unit cost' by 59.7%.

• Journal of Korean Philosophical Society
• /
• v.116
• /
• pp.225-256
• /
• 2010

The two school $M{\bar{a}}dhyamika$ and $Yog{\bar{a}}c{\bar{a}}ra$ act as a representative of $Mah{\bar{a}}y{\bar{a}}na$ Buddhism in India. But the two school disputed with each other insisting ${\acute{s}}{\bar{u}}nyat{\bar{a}}-v{\bar{a}}da$ and $vij{\tilde{n}}aptim{\bar{a}}trav{\bar{a}}da$ separately. To introduce the disputation shortly is as follow. $N{\bar{a}}g{\bar{a}}rjuna$ explained the world and truth by two truth theories(二諦說) which carry out truth of a word and the dimension(spiritual enlightenment) which is absolute(ultimate) to it being lokasaṁvṛtisatya(世俗諦) about the truth which can be expressed verbally, and which is phenomenon-like (everyday) at paramaarthasatya(勝義諦). By the way, lokasaṁvṛtisatya and paramaarthasatya are actually distinction of the recognition which is not an ontological distinction. That is, lokasaṁvṛti(世俗) is paramaartha(勝義) as it is the time of seeing by the eyes of those who have realized. The two truth theories of $N{\bar{a}}g{\bar{a}}rjuna$ was developed logical more precisely by his successors. With an everyday language, the position of Candrakīrti(月稱) that it cannot be expressed as the position of $Bh{\bar{a}}vaviveka$(淸辨) that paramaarthasatya can be expressed logically is opposed to each other, and dissociates by $Sv{\bar{a}}tantrika$(自立論證派) and $P{\bar{a}}rsagika$(歸謬論證派). Confrontation of $Sv{\bar{a}}tantrika$ and $P{\bar{a}}rsagika$ is the dispute about the ability of s which is the highest truth to be proved logically. The $P{\bar{a}}rsaga$ of Candrakirti thinks that people exist truly, and is because it claims not existing in the world where a favorite thing is actually actual. However, $Bh{\bar{a}}vaviveka$ proved Sunyata(空性)을 positively based on the reliance to language and logic. Also the mokṣa of $M{\bar{a}}dhyamika$ is not recovery of original condition of $vij{\tilde{n}}apti$ which is pure in itself as $Yog{\bar{a}}c{\bar{a}}ra$ saying, as well as obtaining a thing which is dravya-sat as $Sarv{\bar{a}}stiv{\bar{a}}din$ saying. The mokṣa of $M{\bar{a}}dhyamika$ means a condition of liberated from karma and pains through extinction of $prapa{\tilde{n}}ca$ and discrimination by realizing the real aspect of all dharma which is said by pratītyasamutpāda, $praj{\tilde{n}}apti$, niḥsvabhāva, ${\acute{s}}{\bar{u}}nya$, $madhyam{\bar{a}}pratipad$.

• Korean Journal of Heritage: History & Science
• /
• v.48 no.4
• /
• pp.24-43
• /
• 2015

Since 2011, when Oegyujanggak Uigwe(Records of the State Rites of the Joseon Dynasty) were returned from France, which were looted in 1866 by the French Navy, national attention to our cultural properties abroad was explosively increased and public pressure has been mounting that those cultural properties should be returned in Korea. According to the statistics of "Overseas Korean Cultural Heritage Foundation" Korean cultural Properties, which exist in foreign countries, amounts 160,342 in total 20 countries. Among them about half of them are estimated to be illegally exported cultural property, these are to be restituted. However, in reality it is not so easy to restitute illegally exported cultural properties. For this, it needs to be established a long-term and systematic plan for return of cultural properties from other countries. This paper starts from such a critical mind and tries to find legal policy measures for the return of illegally exported cultural properties. To this end, the author first describes motive and aim of this research in chapter I. and overviews basic understanding and current situation of export of cultural property as well as means and methods of return of cultural property in chapter II. and then deals with international and national norms that are involved in the dispute concerned return of cultural properties in chapter III. Based on this research, in chapter IV., which can be considered as a key part of this paper, the author proposed nine legal policy measures for restitution of cultural properties from foreign countries. That is, actual condition survey of cultural properties in foreign countries, unified management and implement of export ID on cultural properties, fund-raising for the diversification of means of return of cultural properties. local utilization of cultural properties, joining in the multilateral conventions and expansion of the bilateral agreements, restitution and cooperation through international organizations, restitution through lawsuit and arbitration, training experts on restitution of cultural property and networking with foreign experts. Finally, the author summarized his opinion in chapter V. which comprehended researching the above.

• Journal of the Korean Institute of Landscape Architecture
• /
• v.49 no.5
• /
• pp.59-70
• /
• 2021

This study was to investigate the measurement point of root collar diameter of landscape trees in Korea. It may contribute to avoiding disputes caused by the difference in measurement criteria of root collar diameter of landscape trees between tree growers and constructors. The difference between landscape trees' root collar diameter measurement point was 3.59cm from 6cm underground to the surface and 1.35cm from 0cm to 6cm above ground. The source root collar diameter measurement point difference was larger in the basement than in the ground. The standard deviation of the root collar diameter of the landscape tree was 0.64 from 6cm underground to the surface, and the difference in standard deviation from 0cm to 6cm above ground was 0.16. The difference by measurement point of the root collar diameter was larger in the basement than in the ground. It has been proposed to set the reasonable measurement point of the landscaping tree root collar diameter at the inflection point where the standard deviation of the tree trunk diameter is the smallest in line with the size change of the standard for each root collar diameter measurement point. By tree species, Cornus officinalis Siebold & Zucc. 18cm above the ground, Chionanthus retusus Lindl. & Paxton. 12cm above the ground, Zelkova serrata (Thunb.) Makino. 12cm above the ground, Celtis sinensis Pers. 12cm above the ground, Styrax japonicus Siebold & Zucc. 10 cm above the ground, Cornus officinalis Siebold & Zucc. 10cm above the ground, Acer palmatum Thunb. ex Murray. 6cm above the ground, Ilex rotunda Thunb. 6cm above the ground, Quercus myrsmaefolia Blume. 4cm above the ground, Lagerstroemia indica L. 2cm above the ground The above heights were shown as reasonable measurement points. The difference by landscape tree root collar diameter measurement site showed that the standard deviation was small throughout the tree species, and the reasonable average measurement point with a stable slope of the deviation was 12cm or more on average. It can be said that the reasonable measurement point of the root collar diameter of a landscape tree is set at an average of 12cm above the ground. However, recognizing 30cm, which is a familiar ruler(尺) in traditional practices, is quick, It was recommended to measure at the height of 30cm from the surface for a reasonable measurement point of the root collar diameter of a landscape tree, for the uniformity of measurement standards.

• (The)Study of the Eastern Classic
• /
• no.55
• /
• pp.265-291
• /
• 2014

Cheongeumrok is the journal of Gwonwoo(卷宇) Hong Chan-yu(1915-2005) during the period of January 9, 1969~January 14, 1982. He was personally involved in the foundation of a corporation called Yudohoi and also all of its operation, which makes him the most knowledgeable person about its history. His Cheongeumrok thus seems worthy enough as a proper material to arrange its history. Cheongeumrok consists of total 19 books, amounting to approximately 3,300 pieces of squared manuscript paper containing 200 letters per piece. He wrote it in Chinese and sometimes followed the Hangul-style word order while writing in Chinese. Many parts of the manuscript were written in a cursive hand with many Chinese poems embedded throughout it. The manuscript offers major information related to the corporation Yudohoi extracted from his journal. 1. There was a meeting of promoters to commemorate the foundation of the corporation in November, 1968, and it was in January, 1969 that it was established after getting a permit from the Ministry of Culture and Communication in January, 1969(Permit No. of Ministry of Culture and Communication: Da(다)-2-3(Jongmu(宗務)1732.5)). 2. Its office was moved from the original location of the 3rd floor of Wonnam Building, 133-1 Wonnam-dong, Jongro-gu, Seoul(currently Daekhak Pharmacy in front of Seoul National University Hospital) to Room 388 of Gwangjang Company, 4 Yeji-dong, Jongro-gu(office of Heungsan Social Gathering) and to second floor of KyungBo building, 21 Kyansu-dong, and to 3rd floor of Geongguk Building in Gyeongwoon-dong. 3. Its operational costs were covered by the supports of Seong Sang-yeong, the eldest son of Seong Jong-ho, the chairman of the board, later Kim Won-tae and Gwon Tae-hun, next chairmen of the board, and Hong Chan-yun, a director, since 1979. 4. His Confucian activities include participating in Seonggyungwan Seokjeonje (成均館 釋奠), joining in the erection of the Parijangseo(巴里長書) Monument and the publication of its commemorative poetry book, compiling the biographies(not completed) of Confucian patriotic martyrs for independence, and participating in the establishment of family rituals and regulations as a practice member. 5. His Yudohoi had a dispute with Seonggyungwan and lost a suit at the High Court in July, 1975 and Supreme Court in February, 1976. 6. There were discussions about its unification with Seonggyungwan Yudohoi, but there was hardly any progress. 7. Yudohoi started to provide full-scale courses on Confucian and Chinese classics under the leadership of Director Hong Chan-yu in 1979, and they have continued on today. Its courses for scholarship students including those for common citizens boast a history of 29 years and 220 graduates.