문화재(文化財)의 국제적 불법 거래(不法 去來)에 관한 고찰 (An Examination into the Illegal Trade of Cultural Properties)
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- 헤리티지:역사와 과학
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- 제37권
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- pp.371-405
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- 2004
문화재의 국제적인 유통행위는 다수 국가가 관계되므로 이 문제 해결을 위해서는 국제법적인 접근이 필수적이다. 2차대전 이후 문화재의 가치가 물질적 가치에서 국가와 민족의 정체성 확립을 위한 정신적 민족적인 측면의 가치가 중시되면서 신생 독립국과 식민제국들 간에 문화재의 소유권 다툼이 쟁점화 되어 문화재 반환을 목적으로 하는 국제적인 협력과 법제도적인 장치의 모색이 필요하게 되었다. 문화재의 불법거래에 관한 국제협약으로 유네스코(UNESCO)를 중심으로 문화재의 준비적 보존의무를 부과하는 1954년 "전시 문화재 보호에 관한 협약", 문화재 반 출입에 대한 통제와 반출에 허가장 발급을 통해 불법 취득 유통 억제를 위한 1970년 "문화재불법 반 출입 및 소유권 양도의 금지와 예방수단에 관한 협약", 도난이나 불법적으로 반출된 문화재의 국제적 반환을 의무화한 1995년 "유니드로와 협약"이 있다. 또한 유엔(UN)의 산하 기관으로 유네스코(UNESCO)는 특히 소위 문화재 분과(the Division of Cultural Heritage)를 마련하여 문화재에 대한 관계업무 처리에 주력하여 오고 있으며, UN 총회 역시 1973년의 결의 3187 이후로 문화재 보호에 관하여 계속적인 관심을 표현하여 오고 있는데 그 기본내용은 문화재의 원산국에로의 반환에 관한 국제 협력을 확인하고, 각국에 예술품 및 문화재의 불법거래 금지 및 방지를 위한 적절한 조처를 권고하며, 자국내 문화재에 대한 목록화 작업을 권고함과 아울러 종국적으로 많은 국가가 유네스코(UNESCO) 협약의 당사국이 되어 국제적인 협력체제의 구성원이 될 것을 권장하는 것이다. 국제협약의 한계로 협약상의 문화재에 대한 정의 차이가 존재한다. 먼저 1954년 협약상의 문화재는 동산에만 국한되는 것이 아니라 부동산도 포함하고 있는데 1970년 협약은 그 제정 목적이 '문화재의 불법적인 반 출입 및 소유권 양도의 금지와 방지수단'의 강구에 있으며 따라서 그 규율대상도 원칙적으로 유형의 동산문화재(tangible movable cultural property)에 국한된다고 봐야할 것이다. 1995년 협약도 역시 동산문화재를 규율대상으로 삼고 있다. 이 두 협약은 이 점에서 1954년 협약이나 주로 부동산적인 특성을 갖는 문화유산 및 자연유산을 대상으로 하는 1972년의 협약과 차이를 보이고 있다. 이러한 차이는 문화재의 개념에 대한 내재적인 차이를 반영하는 것이 아니라 주어진 협약의 제정 목적 및 취지가 다름에서 기인하는 것이다. 우리나라의 경우 1866년의 병인양요, 일본에 의한 36년간의 식민통치, 군정기, 경제 개발기 등을 통하여 다수의 문화재가 해외로 유출되었다. 물론 이들 문화재를 전부 반환 받을 수도 없고 또 받을 필요도 없는 것이지만, 이들 중 일부는 한국 사회의 문화적 역사적 정체성의 형성에 중요한 역할을 한다거나 또는 이들의 외국(특히, 일본)에서의 소재가 과거 한국민에 대한 지배의 상징으로서 기능한다거나 할 경우 반환 문제가 제기될 수 있을 것이다. 이러한 경우에 우리의 입론을 강화하기 위해서는 1954년 협약 및 제1의정서의 비준은 적극적으로 고려해야 한다고 판단된다. 반환을 요구할 경우 우선 문화재의 도난 여부가 핵심이며 이 경우 국제협약에 따라 조치하면 될 것이지만 외교적 협상의 단계에 이르면 이 문제는 정치적 문제가 될 것이다. 이 경우 반환을 요구하는 국가는 상대국이 문화재를 반환하도록 유도해야 한다. 문화재의 불법거래 방지에 대한 절실한 필요성에 반해, 동북아 지역 국가 및 시민사회의 방지노력은 대단히 미흡한 실정인 바, 이를 실현하기 위한 국가 및 시민 사회적 차원의 체계적인 노력이 동아시아 지역 전체에서 활발하게 전개하여야 할 것이다. 문화재의 불법적인 거래를 가장 효과적으로 막을 수 있는 방법은 인터폴(Interpol) 회원국간 정보를 신속히 유통시키는 것인데 이를 위해서는 인터넷 기술에 바탕을 둔 통신 시스템을 개발해야 하며 도난당한 문화재의 불법거래를 방지하기 위한 보다 효율적인 방안으로 문화재 보호 법률의 도입, 국제협약의 가입, 수집품 목록 구축 등의 조치가 필요하다고 본다.
최근 K팝을 필두로 한 한류열풍과 K뷰티에 관한 관심이 높아지고 있다. 또한, 국내 뷰티 서비스 산업에 대한 인기와 영향력이 커지며 경제적, 문화적 파급효과가 지속해서 확대되고 있다. 해당 파급효과와 더불어 국내 뷰티 서비스 발전에 따른 인력 수요에 대응한 전문인력양성 필요성이 강조되고 있기도 하며 뷰티 아카데미의 실 수요자인 교육생도 점차 증가하고 있다. 따라서 본 연구의 목적은 뷰티 아카데미에서 제공하는 교육서비스에 있어 교육목적을 달성하기 위한 교육서비스 품질요인의 중요성과 관계몰입 간 영향 관계 및 교육서비스 성과를 살펴보는 것이다. 나아가 교육서비스 제공 활동을 비롯하여 행정지원서비스, 교육프로그램 등의 중요성을 도출하는 것이다. 하지만 뷰티 서비스 제공에 따르는 전문인력 양성을 위한 연구는 뷰티 산업의 발전속도에 비하여 부족한 편이다. 따라서 뷰티 서비스 교육이 강조되고 있는 현재 시점에서 본 연구는 국내 프랜차이즈 뷰티 아카데미의 교육생들이 교육서비스 품질을 바탕으로 하는 관계몰입과 교육서비스 성과에 간의 영향 관계를 살펴볼 것이다. 본 연구 수행을 위해 설정한 측정변수는 프로그램, 강사자질, 수강료, 외적 서비스, 서비스 공정성, 관계몰입, 신뢰수준, 교육서비스 성과이다. 해당 변수들은 설문조사를 통한 자료를 분석하여 측정하였으며 실증분석 결과 아래와 같은 내용을 도출하였다. 첫째, 뷰티 아카데미에서 제공하는 교육서비스 품질인 프로그램, 외적 서비스, 서비스 공정성, 관계몰입 그리고 신뢰수준은 관계몰입에 유의한 영향을 미쳤다. 교육프로그램의 체계성과 다양성 등 학원 측에서 제공하는 교육서비스가 수강생에게 일률적인 관계몰입을 가능케 하는 것으로 나타났다. 교육서비스 품질 자체가 수강생 입장에서 뷰티 서비스 제공에 필요한 전문지식을 학습 받고 학원과의 관계에 유기적인 역할을 하는 것이다. 둘째, 교육서비스 품질과 관계몰입에 있어 학원과 수강생 간 신뢰수준의 조절 효과가 유의하게 나타났다. 이는 학원이 제공하는 교육서비스에 대하여 수강생들의 실질적인 신뢰 관계를 통해 더욱 높은 수준의 서비스품질을 느끼게 된다는 것이다. 위와 같은 실증분석 결과를 바탕으로 본 연구가 가지는 시사점은 교육서비스 성과로 대표되는 수강생 실력과 만족도를 향상할 방안을 강구하는 것이다. 뷰티 아카데미라는 학원 입장에서 제공하는 교육서비스 품질이 교육시설이나 수강생들의 진로 선택에도 큰 영향을 미칠 것이기 때문이다. 교육 자체에 관한 일관성과 편의성, 지식 지향성 등의 특성이 종합적으로 고려되어야 할 것이며 학원의 외부환경인 외적 서비스 요인을 통한 이미지 형성으로 강력한 시장 입지를 구축해야 한다. 나아가 경쟁업체와의 차별화된 전략 제시 측면에서도 교육서비스품질요인은 수강생과의 관계몰입에 상당히 중요한 역할을 하는 것으로 알 수 있기에 수강생의 행동에 수반되는 수요를 사전적으로 파악하여 수강생 개인이 경험하는 심리적 안정감에도 관계 마케팅 역할이 중요할 것이다.
Just before the Korean War, the total number of the North Korean troops was 198,380, while that of the ROK(Republic of Korea) army troops 105,752. That is, the total number of the ROK army troops at that time was 53.3% of the total number of the North Korean army. As of December 2008, the total number of the North Korean troops is estimated to be 1,190,000, while that of the ROK troops is 655,000, so the ROK army maintains 55.04% of the total number of the North Korean troops. If the ROK army continues to reduce its troops according to [Military Reform Plan 2020], the total number of its troops will be 517,000 m 2020. If North Korea maintains the current status(l,190,000 troops), the number of the ROK troops will be 43.4% of the North Korean army. In terms of units, just before the Korean War, the number of the ROK army divisions and regiments was 80% and 44.8% of North Korean army. As of December 2008, North Korea maintains 86 divisions and 69 regiments. Compared to the North Korean army, the ROK army maintains 46 Divisions (53.4% of North Korean army) and 15 regiments (21.3% of North Korean army). If the ROK army continue to reduce the military units according to [Military Reform Plan 2020], the number of ROK army divisions will be 28(13 Active Division, 4 Mobilization Divisions and 11 Local Reserve Divisions), while that of the North Korean army will be 86 in 2020. In that case, the number of divisions of the ROK army will be 32.5% of North Korean army. During the Korean war, North Korea suddenly invaded the Republic of Korea and occupied its capital 3 days after the war began. At that time, the ROK army maintained 80% of army divisions, compared to the North Korean army. The lesson to be learned from this is that, if the ROK army is forced to disperse its divisions because of the simultaneous invasion of North Korea and attack of guerrillas in home front areas, the Republic of Korea can be in a serious military danger, even though it maintains 80% of military divisions of North Korea. If the ROK army promotes the plans in [Military Reform Plan 2020], the number of military units of the ROK army will be 32.5% of that of the North Korean army. This ratio is 2.4 times lower than that of the time when the Korean war began, and in this case, 90% of total military power should be placed in the DMZ area. If 90% of military power is placed in the DMZ area, few troops will be left for the defense of home front. In addition, if the ROK army continues to reduce the troops, it can allow North Korea to have asymmetrical superiority in military force and it will eventually exert negative influence on the stability and peace of the Korean peninsular. On the other hand, it should be reminded that, during the Korean War, the Republic of Korea was attacked by North Korea, though it kept 53.3% of troops, compared to North Korea. It should also be reminded that, as of 2008, the ROK army is defending its territory with the troops 55.04% of North Korea. Moreover, the national defense is assisted by 25,120 troops of the US Forces in Korea. In case the total number of the ROK troops falls below 43.4% of the North Korean army, it may cause social unrest about the national security and may lead North Korea's misjudgement. Besides, according to Lanchester strategy, the party with weaker military power (60% compared to the party with stronger military power) has the 4.1% of winning possibility. Therefore, if we consider the fact that the total number of the ROK army troops is 55.04% of that of the North Korean army, the winning possibility of the ROK army is not higher than 4.1%. If the total number of ROK troops is reduced to 43.4% of that of North Korea, the winning possibility will be lower and the military operations will be in critically difficult situation. [Military Reform Plan 2020] rums at the reduction of troops and units of the ground forces under the policy of 'select few'. However, the problem is that the financial support to achieve this goal is not secured. Therefore, the promotion of [Military Reform Plan 2020] may cause the weakening of military defence power in 2020. Some advanced countries such as Japan, UK, Germany, and France have promoted the policy of 'select few'. However, what is to be noted is that the national security situation of those countries is much different from that of Korea. With the collapse of the Soviet Unions and European communist countries, the military threat of those European advanced countries has almost disappeared. In addition, the threats those advanced countries are facing are not wars in national level, but terrorism in international level. To cope with the threats like terrorism, large scaled army trops would not be necessary. So those advanced European countries can promote the policy of 'select few'. In line with this, those European countries put their focuses on the development of military sections that deal with non-military operations and protection from unspecified enemies. That is, those countries are promoting the policy of 'select few', because they found that the policy is suitable for their national security environment. Moreover, since they are pursuing common interest under the European Union(EU) and they can form an allied force under NATO, it is natural that they are pursing the 'select few' policy. At present, NATO maintains the larger number of troops(2,446,000) than Russia(l,027,000) to prepare for the potential threat of Russia. The situation of japan is also much different from that of Korea. As a country composed of islands, its prime military focus is put on the maritime defense. Accordingly, the development of ground force is given secondary focus. The japanese government promotes the policy to develop technology-concentrated small size navy and air-forces, instead of maintaining large-scaled ground force. In addition, because of the 'Peace Constitution' that was enacted just after the end of World War II, japan cannot maintain troops more than 240,000. With the limited number of troops (240,000), japan has no choice but to promote the policy of 'select few'. However, the situation of Korea is much different from the situations of those countries. The Republic of Korea is facing the threat of the North Korean Army that aims at keeping a large-scale military force. In addition, the countries surrounding Korea are also super powers containing strong military forces. Therefore, to cope with the actual threat of present and unspecified threat of future, the importance of maintaining a carefully calculated large-scale military force cannot be denied. Furthermore, when considering the fact that Korea is in a peninsular, the Republic of Korea must take it into consideration the tradition of continental countries' to maintain large-scale military powers. Since the Korean War, the ROK army has developed the technology-force combined military system, maintaining proper number of troops and units and pursuing 'select few' policy at the same time. This has been promoted with the consideration of military situation in the Koran peninsular and the cooperation of ROK-US combined forces. This kind of unique military system that cannot be found in other countries can be said to be an insightful one for the preparation for the actual threat of North Korea and the conflicts between continental countries and maritime countries. In addition, this kind of technology-force combined military system has enabled us to keep peace in Korea. Therefore, it would be desirable to maintain this technology-force combined military system until the reunification of the Korean peninsular. Furthermore, it is to be pointed out that blindly following the 'select few' policy of advanced countries is not a good option, because it is ignoring the military strategic situation of the Korean peninsular. If the Republic of Korea pursues the reduction of troops and units radically without consideration of the threat of North Korea and surrounding countries, it could be a significant strategic mistake. In addition, the ROK army should keep an eye on the fact the European advanced countries and Japan that are not facing direct military threats are spending more defense expenditures than Korea. If the ROK army reduces military power without proper alternatives, it would exert a negative effect on the stable economic development of Korea and peaceful reunification of the Korean peninsular. Therefore, the desirable option would be to focus on the development of quality of forces, maintaining proper size and number of troops and units under the technology-force combined military system. The tableau above shows that the advanced countries like the UK, Germany, Italy, and Austria spend more defense expenditure per person than the Republic of Korea, although they do not face actual military threats, and that they keep achieving better economic progress than the countries that spend less defense expenditure. Therefore, it would be necessary to adopt the merits of the defense systems of those advanced countries. As we have examined, it would be desirable to maintain the current size and number of troops and units, to promote 'select few' policy with increased defense expenditure, and to strengthen the technology-force combined military system. On the basis of firm national security, the Republic of Korea can develop efficient policies for reunification and prosperity, and jump into the status of advanced countries. Therefore, the plans to reduce troops and units in [Military Reform Plan 2020] should be reexamined. If it is difficult for the ROK army to maintain its size of 655,000 troops because of low birth rate, the plans to establish the prompt mobilization force or to adopt drafting system should be considered for the maintenance of proper number of troops and units. From now on, the Republic of Korean government should develop plans to keep peace as well as to prepare unexpected changes in the Korean peninsular. For the achievement of these missions, some options can be considered. The first one is to maintain the same size of military troops and units as North Korea. The second one is to maintain the same level of military power as North Korea in terms of military force index. The third one is to maintain the same level of military power as North Korea, with the combination of the prompt mobilization force and the troops in active service under the system of technology-force combined military system. At present, it would be not possible for the ROK army to maintain such a large-size military force as North Korea (1,190,000 troops and 86 units). So it would be rational to maintain almost the same level of military force as North Korea with the combination of the troops on the active list and the prompt mobilization forces. In other words, with the combination of the troops in active service (60%) and the prompt mobilization force (40%), the ROK army should develop the strategies to harmonize technology and forces. The Korean government should also be prepared for the strategic flexibility of USFK, the possibility of American policy change about the location of foreign army, radical unexpected changes in North Korea, the emergence of potential threat, surrounding countries' demand for Korean force for the maintenance of regional stability, and demand for international cooperation against terrorism. For this, it is necessary to develop new approaches toward the proper number and size of troops and units. For instance, to prepare for radical unexpected political or military changes in North Korea, the Republic of Korea should have plans to protect a large number of refugees, to control arms and people, to maintain social security, and to keep orders in North Korea. From the experiences of other countries, it is estimated that 115,000 to 230,000 troops, plus ten thousands of police are required to stabilize the North Korean society, in the case radical unexpected military or political change happens in North Korea. In addition, if the Republic of Korea should perform the release of hostages, control of mass destruction weapons, and suppress the internal wars in North Korea, it should send 460,000 troops to North Korea. Moreover, if the Republic of Korea wants to stop the attack of North Korea and flow of refugees in DMZ area, at least 600,000 troops would be required. In sum, even if the ROK army maintains 600,000 troops, it may need additional 460,000 troops to prepare for unexpected radical changes in North Korea. For this, it is necessary to establish the prompt mobilization force whose size and number are almost the same as the troops in active service. In case the ROK army keeps 650,000 troops, the proper number of the prompt mobilization force would be 460,000 to 500,000.
Under the full consideration of the growing need and importance of population education in the field of home economics in Korea, the study was carried out to verify and assess the following facts on the current issues of population education of home economists who are presently engaging in teaching professions as the teachers of middle and high school and professors of college and universities by setting its primary objectives of the study as followings; 1) to assess the degree of general knowledge and attitudes of home economists toward population education in the field of home economics, 2) to verify the problems encountered in implementing population education by home economists in its field, 3) to find an existing status of previous trainings received and other activities of population education of home economists aimed at utilizing these findings as a part of reference materials when the population education is conducted in the field of home economics. In order to attain these objectives described above, the questionnaire was carefully designed to house a total of 40 questions with good combination of multiple-choice and the simple answer questions. The mail questionnaire survey was conducted by establishing teachers of home economics at middle/high schools and college/universities as Senior Home Economists(SHE) who are from public, private liberal arts and vocational schools. The rate of response observed during the survey was 45.6 percent and the findings of the survey research are as follows: 1) Examining the status of the respondents by residence and religion, it was found that 45 percent of middle & high school teachers ar.d 59. 1 percent of college professors are residing in Seoul city area and that the largest percent of them are christian in their religion. Analyzing respondents by their ages, 56 percent of middle/high school teachers are in their 30s, 45 percent of college professors are in their 40s, and 37 percent of college teachers are in their 30s. In addition, 13 percent of the total respondents are found to be unmarried. The study also revealed that 71 percent of the college professors finished Master Degree course and 82 percent of middle/high school teachers are graduated from college level lasting 4 years. Looking over the status cf major fields of respondents, 68.4 percent of middle/high school teachers are specialized in home economic education and the college professors, on the other hand, show relatively even prortion by specializing in the order of food & nutrition science, clothes & textile science and home managerial science. As far as the length of teaching experience is concerned, a relatively longer period of teaching experience is observed in the college professors in comparison with that of middle/high school teachers. In other words, 33.3 percent of middle/high school teachers are experienced in teaching from 6 to 10 years on average while 43.9 percent of college professors show more than 16 years of experience. 2) Examining the status of existing number of children cf the respondents, one boy and one daughter pattern is predominant, showing 28.5 percent in middle/high school teachers and 21.1 percent in college professors. As for the desired number of children of unmarried respondents, it is observed that 43.8 percent of middle/high school teachers desire to have one boy and one girl, and 31.3 percent of college professors want to have one child regardless of the sex. By assessing the degree of awareness of the population education through their students, it is observed that 53 percent of middle/high school teachers and 50 percent of college professors are aware of population education in some extent and that a majority of respondents took the positive attitudes toward an inclusion of family planning components into the formal school education. Another noteworthy to observe is that a total of 84.8 percent out of middle/high school teachers pointed that the population education currently conducted at schools as a part of home economics are less sufficient than it should be. 3) Analyzing the tendency as to whether the respondents were experienced in receiving population education during the time when they were students, 75 percent of college professors and 59 percent of middle/high school teachers responded negative answers in the survey. In the mean time, a total of 50 percent of the respondents replied that they began to acknowledge the importance of population education mainly through the participation of some sort of population-education orientend seminars, experienced by 40 percent of college professors and 80 percent of middle/high school teachers. 4) What it calls attention in this study was to find that 96.5 percent of middle/high school teachers and 72 percent of college professors conduct population education to some extent during their lecture hours and that more than 80 percent of them are never experienced in teaching population and family planning contents in their regular classes. It is, on the other hand, found that no more than once was the response of those who believe themselves that they are experienced in teaching these relevant components to their students. Analyzing the contents of the subjects being taught in the class, a large percent of them are found to be consisted of population and family planning contents. According to this study, the current population education through the formal school is quite inactive. Analyzing the facts, 44.9 percent of the college professors responded that the population and family planning components are quite apart from their specialization which eventually generates lack of interest in the field. 5) It is also noticed through the study that the degree of frequency of commenting on population and family planning contents during the classes was depending significantly on their specializations which means that the degree of frequency varies from a major to another. Those who majored in home managerial science was the first one, as compared to others who majored in different specializations. Glancing over the status of correlations between ages of the respondents and numbers of seminar paticipation, it is quite clear that the aged group participated more than the younger group did, and that the most highest number of participations made by college professors were those who are in 50s. In addition, it is also found that those who are aged 20s and 60s of the respondents were the group who comments least on the contents of population and family planning at their classes. The suggestions and recommendation made through this survey research are as follows. 1) No one denies that the rapid increase of population, as compared to the limited size of land and resources, will certainly affect adversly to an enhancement of individual life quality which will, eventually, bring forth the poverty of the nation. This is the reasson why we are insisting that the world population be controlled up to an optimum level with a matter of global concerns. It is our understading that the primary aim for reducing number of population is believed to be attained only by conducting the systematic and comprehensive population education through the formal schools. Therefore, the role of home economists in the field of population/family planning education is considered very importment due to the fact that an ultimate goal of population education is placed in elevating the quality of family life by having optimum number of children through family planning program. 2) It is quite clear that home economists as teachers of formal school in all level are invited to pay their attention on redefining the ultimate goal of education and that of population education. We also understant that the primary objective of population education is to change the norm and value of the clients by replenishing the students with pertinent knowledge and attitudes on population and its related problems through a sort of education in order to attain the ultimate goal for enhancing the quality of life. There is no exception in the theory of home economics. An altimate goal of home economics is to elevate the general quality of life through an establishment of value existed in daily life. Considering the relations between population education and home economics, it is quite indespensable to bandle population components as an integral part in the field of home economics. We believe, therefore, that the senior home economists positive participation in the effort population control is more needed than it has been. 3) It is also strongly urged that population education should be a part of instructor training course for home economics. In other words, the teacher of home economics should be well aware of population and its problems by teaching interrelationship between population education and home economics, needs, contents and methods of population education during the instructor training courese for home economics. In addition, the senior home economists should be encouraged through positive participation on the short term training by types of domestic and international seminar, workshop, etc. 4) We certainly believe that the population education can not sustain itself without any backing-up of information and findings' of various and comprehensive researches of natural and social sciences. Accordingly, every senior home economist is invited to exert their maximum effort to conduct systematic study with an aim to utilize these findings and information at best in population education in the field of home economics. Therefore, we consider that the development of training material is imminent in order to provide effective and efficient population education through the for training of home economies. It should be noted that these training materials must be carefully designed, tailored and developed to meet the different classes of trainees under the considerations as to whether it is easily adaptable and infusable into the curricula of every field of home economics, and it is acceptable in the degree of difficulty and quality in its contents. 5) It is true that there are many domestic and international research rapers, reports and findings in the field of population education and family planning. However, there is a tendency that the most of research papers are heavily relying on the authors intension and preferences in its expression and publication. Under these circumstances, it is urged that the home economists should aware of the growing need of the technical training in order to keep these available information and research findings reprocessed and redesigned to insure the practical application into the population education in the field of home economics in Korea.