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A study on the xylographica of ${\ulcorner}$Classified Collection of Medical Prescriptions${\lrcorner}$ ("의방류취(醫方類聚)"에 대한 판본(版本) 연구)

  • Shin, Soon-Shik;Choi, Hwan-Soo
    • Korean Journal of Oriental Medicine
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    • v.3 no.1
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    • pp.1-15
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    • 1997
  • ${\ulcorner}$Classified Collection of Medical Prescriptions${\lrcorner}$(1445) is a book compiled the medical achievements of China and Choseon in those times and it's our source of pride to have it In this country. It also deserves careful investigation since this book can provide some clues of features of missing books in China and Korea. The extent of accuracy of xylographica of old books determines the possiblity of in depth further study. So authors attempted to investigate the xylographica of ${\ulcorner}$Classified Collection of Medical Prescriptions${\lrcorner}$ one of the 3 main books in Korea. Previous investigation done by Miki Sakae and Kim Doo Jong are noticeable. On the basis of their respective works, we analyzed 'Annals of the Choseon Dynasty' to find records related with ${\ulcorner}$Classified Collection of Medical Prescriptions${\lrcorner}$ and estimated the situation of its publication. We tried figure the situation of those times of China, Japan and Korea(including North Korea) and tried to estimate the book's original xylographica as much as we could. By King Sejong's command, the first draft of ${\ulcorner}$Classified Collection of Medical Prescriptions${\lrcorner}$ consisted of 365 books was made by collaboration of civil officials and medical officers during the period from 1443 to 1445. And then from 1451(first year of Moonjong's reign) to 1464(l0th year of Sejo's reign) lots of manpowers were employed and through the process of countless erasure, proofreading, arrangement and rearrangement revised version of ${\ulcorner}$Classified Collection of Medical Prescriptions${\lrcorner}$ which is called by Sejo text was completed. After 3 years of wood engraving work, the first printed form of ${\ulcorner}$Classified Collection of Medical Prescriptions${\lrcorner}$ (alternately called Seongjong text) in folding case consisted of 266 chapters, 264 volumes came into the world in 1477.(8th year of Seongjong's reign). This was 32 years after the initial completion of the edition. So ${\ulcorner}$Classified Collection of Medical Prescriptions${\lrcorner}$ exists in three forms as Sejong text, Sejo text and Seongjong text respectively. Since those texts were plundered during the Japanese invasion of Korea in 1592, none of the original copy remains within korea. The texts were constantly moved to kadeungcheongieong, to Kongdeungpyeongio, Jesookoan of Edo, to East University of department of classic books, to Cheoncho archives, to the Imperial Museum and finally is kept in the royal palace at present. (Doseoryo text Eulhae printing type) Reduced-size republication books of ${\ulcorner}$Classified Collection of Medical Prescriptions${\lrcorner}$ in wooden type were imported at the time of 'Byeongja Korea-Japan Treaty in 1876' and of those 2 books, one copy was treasured in the Royal Household of the Yi Dynasty and than was lost during the Korean War circa 1950. The other remaining copy has been kept succesively by Kojong's imperial grant, Royal doctor Hong Cheol Bo, Hong Taek Joo, Hong Ik Pyo the book agent, and now is kept In Yonsei University Library and this is the only existing copy in Korea at present. In 1965, Dongyang Medical college published the transcription version of ${\ulcorner}$Classified Collection of Medical Prescriptions${\lrcorner}$ consisting of 11 books and then in 1981 after edition and arrangement by Choonghoa(中華) publishing company, photoprint copy of ${\ulcorner}$Classified Collection of Medical Prescriptions${\lrcorner}$ was published in Keumgang(金剛) publishing company In 1991, October Yeokang(驛江) publishing company producd photocopies of ${\ulcorner}$Classified Collection of Medical Prescriptions${\lrcorner}$ which were previously translated into Korean by North Korea Institute of Oriental Medicine and then issued by medical publishing company. In China, two institutes, Zhejiang Institute of Traditional Chinese Medicine and Huzhou Traditional Chinese Medical Hospital cooperated to publish a revised and marked text consiting of 11 books by adding marking points to japanse Edohakhoondang text which were used as a reference. Both the korean and chinese texts issued were grounded by the ${\ulcorner}$Classified Collection of Medical Prescriptions${\lrcorner}$ kept in the royal palace. Any further study concerning ${\ulcorner}$Classified Collection of Medical Prescriptions${\lrcorner}$ can acquire its accuracy and objectivity when the japanese text kept in the royal palace is taken as an original copy.

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Interpretation of the Umbrella Clause in Investment Treaties (국제투자조약상 포괄적 보호조항(Umbrella Clauses)의 해석에 관한 연구)

  • Jo, Hee-Moon
    • Journal of Arbitration Studies
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    • v.19 no.2
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    • pp.95-126
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    • 2009
  • One of the controversial issues in investor-state investment arbitration is the interpretation of "umbrella clause" that is found in most BIT and FTAs. This treaty clause requires on Contracting State of treaty to observe all investment obligations entered into with foreign investors from the other Contracting State. This clause did not receive in-depth attention until SGS v. Pakistan and SGS v. Philippines cases produced starkly different conclusions on the relations about treaty-based jurisdiction and contract-based jurisdiction. More recent decisions by other arbitral tribunals continue to show different approaches in their interpretation of umbrella clauses. Following the SGS v. Philippines decision, some recent decisions understand that all contracts are covered by umbrella clause, for example, in Siemens A.G. v. Argentina, LG&E Energy Corp. v. Argentina, Sempra Energy Int'l v. Argentina and Enron Corp. V. Argentina. However, other recent decisions have found a different approach that only certain kinds of public contracts are covered by umbrella clauses, for example, in El Paso Energy Int'l Co. v. Argentina, Pan American Energy LLC v. Argentina and CMS Gas Transmission Co. v. Argentina. With relation to the exhaustion of domestic remedies, most of tribunals have the position that the contractual remedy should not affect the jurisdiction of BIT tribunal. Even some tribunals considered that there is no need to exhaust contract remedies before bringing BIT arbitration, provoking suspicion of the validity of sanctity of contract in front of treaty obligation. The decision of the Annulment Committee In CMS case in 2007 was an extraordinarily surprising one and poured oil on the debate. The Committee composed of the three respected international lawyers, Gilbert Guillaume and Nabil Elaraby, both from the ICJ, and professor James Crawford, the Rapportuer of the International Law Commission on the Draft Articles on the Responsibility of States for Internationally Wrongful Acts, observed that the arbitral tribunal made critical errors of law, however, noting that it has limited power to review and overturn the award. The position of the Committee was a direct attack on ICSID system showing as an internal recognition of ICSID itself that the current system of investor-state arbitration is problematic. States are coming to limit the scope of umbrella clauses. For example, the 2004 U.S. Model BIT detailed definition of the type of contracts for which breach of contract claims may be submitted to arbitration, to increase certainty and predictability. Latin American countries, in particular, Argentina, are feeling collectively victims of these pro-investor interpretations of the ICSID tribunals. In fact, BIT between developed and developing countries are negotiated to protect foreign investment from developing countries. This general characteristic of BIT reflects naturally on the provisions making them extremely protective for foreign investors. Naturally, developing countries seek to interpret restrictively BIT provisions, whereas developed countries try to interpret more expansively. As most of cases arising out of alleged violation of BIT are administered in the ICSID, a forum under the auspices of the World Bank, these Latin American countries have been raising the legitimacy deficit of the ICSID. The Argentine cases have been provoking many legal issues of international law, predicting crisis almost coming in actual investor-state arbitration system. Some Latin American countries, such as Bolivia, Venezuela, Ecuador, Argentina, already showed their dissatisfaction with the ICSID system considering withdrawing from it to minimize the eventual investor-state dispute. Thus the disagreement over umbrella clauses in their interpretation is becoming interpreted as an historical reflection on the continued tension between developing and developed countries on foreign investment. There is an academic and political discussion on the possible return of the Calvo Doctrine in Latin America. The paper will comment on these problems related to the interpretation of umbrella clause. The paper analyses ICSID cases involving principally Latin American countries to identify the critical legal issues arising between developing and developed countries. And the paper discusses alternatives in improving actual investor-State investment arbitration; inter alia, the introduction of an appellate system and treaty interpretation rules.

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An Oceanic Current Map of the East Sea for Science Textbooks Based on Scientific Knowledge Acquired from Oceanic Measurements (해양관측을 통해 획득된 과학적 지식에 기반한 과학교과서 동해 해류도)

  • Park, Kyung-Ae;Park, Ji-Eun;Choi, Byoung-Ju;Byun, Do-Seong;Lee, Eun-Il
    • The Sea:JOURNAL OF THE KOREAN SOCIETY OF OCEANOGRAPHY
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    • v.18 no.4
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    • pp.234-265
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    • 2013
  • Oceanic current maps in the secondary school science and earth science textbooks have played an important role in piquing students's inquisitiveness and interests in the ocean. Such maps can provide students with important opportunities to learn about oceanic currents relevant to abrupt climate change and global energy balance issues. Nevertheless, serious and diverse errors in these secondary school oceanic current maps have been discovered upon comparison with up-to-date scientific knowledge concerning oceanic currents. This study presents the fundamental methods and strategies for constructing such maps error-free, through the unification of the diverse current maps currently in the textbooks. In order to do so, we analyzed the maps found in 27 different textbooks and compared them with other up-to-date maps found in scientific journals, and developed a mapping technique for extracting digitalized quantitative information on warm and cold currents in the East Sea. We devised analysis items for the current visualization in relation to the branching features of the Tsushima Warm Current (TWC) in the Korea Strait. These analysis items include: its nearshore and offshore branches, the northern limit and distance from the coast of the East Korea Warm Current, outflow features of the TWC near the Tsugaru and Soya Straits and their returning currents, and flow patterns of the Liman Cold Current and the North Korea Cold Current. The first draft of the current map was constructed based upon the scientific knowledge and input of oceanographers based on oceanic in-situ measurements, and was corrected with the help of a questionnaire survey to the members of an oceanographic society. In addition, diverse comments have been collected from a special session of the 2013 spring meeting of the Korean Oceanographic Society to assist in the construction of an accurate current map of the East Sea which has been corrected repeatedly through in-depth discussions with oceanographers. Finally, we have obtained constructive comments and evaluations of the interim version of the current map from several well-known ocean current experts and incorporated their input to complete the map's final version. To avoid errors in the production of oceanic current maps in future textbooks, we provide the geolocation information (latitude and longitude) of the currents by digitalizing the map. This study is expected to be the first step towards the completion of an oceanographic current map suitable for secondary school textbooks, and to encourage oceanographers to take more interest in oceanic education.

A Study on the Discourse Regarding the Lineage Transmission to Haewol in the Eastern Learning: Focused on Document Verification (해월의 동학 도통전수 담론 연구 - 문헌 고증을 중심으로 -)

  • Park Sang-kyu
    • Journal of the Daesoon Academy of Sciences
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    • v.48
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    • pp.41-155
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    • 2024
  • Among the records that attest to the period from July to August of 1863, when Suwun was believed to have transmitted the orthodox lineage to Haewol, the oldest documents are The Collection of Suwun's Literary Works (水雲文集), The Collection of Great Master Lord's Literary Works (大先生主文集), and The Records of Dao Origin of Master Choe's Literary Collection (崔先生文集道源記書, hereafter referred to as The Records of Dao Origin). The records regarding Suwun in these three documents are considered to have originated from the same context. The variances embedded in the three documents have led to arguments about which documents accurately reflect the fact of orthodox lineage transmission. Additionally, these variances highlight the necessity of a review regarding the characteristics of early Eastern Learning, such as its faith and organizational systems. Accordingly, by thoroughly examining these three documents, it is possible to elucidate the chronological order, establishment-date, accuracy, descriptive direction, and characteristics of the faith system of early Eastern Learning as these are reflected in each document. If successful, this examination would provide a clearer description of the developmental process of Eastern Learning from 1860 to 1880, facilitating a more in-depth analysis of the significance embedded in various forms of discourse on the movement's orthodox lineage transmission. In comparing the three documents and contrasting them with related sources, the results of the textual examination assert that the documents within the lineage of The Collection of Suwun's Literary Works, given they lack a clear record of the event regarding Haewol's orthodox lineage succession, may be the first draft of The Collection of Great Master Lord's Literary Works and The Records of Dao Origin, as these texts distinctly include that record. This reflects that Haewol's succession was not precisely recognized within and outside of the Eastern Learning order until the time when The Collection of Great Master Lord's Literary Works and The Records of Dao Origin were published. This is further attested to by the fact that during the late 1870s, when various Yeonwon (fountainhead) factions of Eastern Learning began to converge around Haewol, and his Yeonwon became the largest organization within Eastern Learning. At that point, the order's doctrine was reinterpreted, and its organization was reestablished. In this regard, it is necessary to view Eastern Learning after Suwun-especially the orthodox lineage transmission to Haewol-from a perspective that considers it more as competing forms of discourse than as a historical fact. This view enables a new perspective on Haewol's Eastern Learning, which forms a distinct layer from Suwun's, shedding light on the relationship between Haewol and the new religious movements in modern-day Korea.