• Title/Summary/Keyword: Freedom

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A Study of Local Festival for the China Hebeisheng (중국 하북성 마을제 연구 - 하북성조현범장이월이룡패회중룡신적여인(河北省趙縣范庄二月二龍牌會中龍神的與人) -)

  • Park, Kwang-Jun
    • Korean Journal of Heritage: History & Science
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    • v.36
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    • pp.347-377
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    • 2003
  • China is a country with large agricultural areas and subject to frequent calamities. Drought is the top of them. It has been a key problem for development of agriculture in the country. In the long struggle against drought, Chinese have accumulated many rational and irrational experiences. The Dragon Kings Belief, which is popular in North China and discussed in a thesis, is one of their irrational experiences. The belief was passed together with Buddhism from India to China in the Tang Dynasty. After it settled down, it was incorporated with the local five dragons belief and a set of beliefs in dragon kings came into existence. The emergence of the dragon kings belief ended the history that the title of rain got was not clear in China and Dragon kings finally got the status. Irrigation is the lifeblood of agriculture in China. In a Chinese mind, Dragon kings are the most important gods who take charge of rain and thus offer the lifeblood. In understanding the nature and characteristics of Chinese traditional culture, it is important for us to make clear the origin and evolution of the belief, find out its nature, function and operation. In the every year beginning of February of the Fanzhuang calendar in the people of Hebeisheng Zhaoxian, would all hold a festival to offer sacrifices to the $^{{\circ}TM}^{\prime}longpai$. Longpai was regarded as the core of the temple fair, thus the native sons came to call this festival; "longpaihui". In this region the'Fanzhuang longpaihui'developed into a well knownand grand temple fair. It was able to attract numerous pilgrims with its special magic power, occupying a place in $China^{{\circ}TM}$ 'eryueer'festival with festive dragon activities. The dragon is a common totem among Chinese nationals. The belief worship of the dragon dates from the start time of primitive societies. Dragon oneself the ancients worship's thunder lightning. In the worship of the great universe, at first afterwards this belief with the tribe's totem worships to combine to become the animal spirit. In ancient myths legends, along with folk religion and beliefs all hold a very important position. The longpaihui is a temple fair without a temple; this characteristic is a distinction between longpaihui and other temple fairs. As for longpaihui must of the early historical records are unclear. The originator of a huitou system has a kind of organized form of the special features rather, originator of a huitou not fix constant, everything follows voluntarily principle, can become member with the freedom, also can back at any time the meeting. There is a longpaihui for 'dangjiaren', is total representative director in the originator of a huitou will. 'banghui' scope particularly for extensive, come apparently every kind of buildup that help can return into the banghui, where is the person of this village or outside village of, the general cent in banghui work is clear and definite, for longpaihui would various businesses open smoothly the exhibition provides to guarantees powerfully. Fanzhuang longpaihui from the beginning of February to beginning six proceed six days totally. The longpai is used as the ancestry absolute being to exsits with the community absolute being at the same time in fanzhuang first took civil faith, in reality is a kind of method to support social machine in native folks realize together that local community that important function, it provided a space, a kind of a view to take with a relation, rising contact, communication, solidify the community contents small village, formation with fanzhuang. The fanzhuang is used as supplies for gathering town, by luck too is this local community trade exchanges center at the same time therefore can say the faith of the longpai, in addition to its people's custom, religious meaning, still have got the important and social function. Moreover matter worthy of mentioning, Longpai would in organize process, from prepare and plan the producing of meeting every kind of meeting a longpeng of the matter do, all letting person feeling is to adjust the popular support of, get the mass approbation with positive participate. Apart from the originator of a huitou excluding, those although not originator of a huitou, however enthusiasm participate the banghui of its business, also is too much for the number.

A study on mandatory insurance for aircraft operators (항공보험 가입의무에 관한 연구)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.33 no.2
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    • pp.169-197
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    • 2018
  • The purpose of this study is to present a reasonable and concrete standard for the Korean aviation insurance compulsory subscription system. Through this, we aim to improve the current revision of laws and regulations, and ultimately create an environment in which the safety and property of the Korean people who use aircraft with appropriate aviation insurance can be secured. In particular, by reviewing the aviation business law and its new laws and regulations enacted in 2017, the legislative improvement direction of aviation insurance will be proposed. In order to maintain the continuous growth of the air transportation industry and to make amicable compensation for the victims, considering the characteristics of the total accident, instantness, and giganticness of air accidents in which a lot of people and property are lost in the event of an accident, adequate insurance coverage is essential. In this respect, the compulsory insurance to amend the principle of freedom of contract, which is the great principle of the modern judicial system, will be persuasive. However, in comparison with foreign legislation, the legal provisions on Korea's obligation to comply with aviation insurance need to be revised around the following issues: First, it is reasonable to enforce the regulation of the mandatory aviation insurance by legislation from the Congress not by administrative regulations. Because it will force the monetary obligations of the individual such as common air carriers. Second, our law regulations respond to various kinds of air damages by using the phrase "limit of liability stipulated in international conventions". However, as we have seen in the text, the range of compensation are various according to the use of legal instruments in international conventions such as the Montreal Convention, which governs the compensation of passengers for damages to passengers today. Third, in countries with narrow territories, such as Korea, there are big differences in flying time and insurable risk between domestic and international transportation. Therefore, it is necessary to divide domestic transportation and international transportation even in the obligation to join the insurance. This dual discipline has the advantage for rookies in air carrier market who mainly start their business from domestic service. Fourth, according to Korean law, the regulations of automobile loss insurance is applicable to the aviation mandatory insurance of unmanned aerial vehicle accident which is lack of persuasion. In the future, it will be appropriate to discipline insurance for unmanned aerial vehicles with unlimited potential for development from a long-term perspective.

A study on non-existence information of the information disclosure system : focused on the central administrative agencies (정보공개제도상의 정보부존재에 관한 고찰 중앙행정기관을 중심으로)

  • Kim, You-seung;Choi, Jeong Min
    • The Korean Journal of Archival Studies
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    • no.46
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    • pp.153-187
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    • 2015
  • This study aims to discuss issues about non-existent information of the information disclosure system and to provide alternative strategies for the issues. For the theoretical discussion it reviews the definitions and standards of non-existent information and analyzes legal aspects and statistical changes of non-existent information. Furthemore, in order to discuss a current status and problems of non-existent information at the central administrative agencies, it analyzes the cases of the non-existent information notification. According to analysis results, non-existent information status of the surveyed institutions is a total of 4,421 cases for three years and it shows the continuous increasing trend year after year. The number of institutions that have the number of non-existent information equal to the number of nondisclosures or over it reached about 40%. It means excluding non-existent information from the reasons of nondisclosure influenced disclose rates and nondisclosure rates of many agencies. In the type analysis of the non-existent information reasons, the most main reason, the case of not producing or receiving the requested information by public institutions takes over 75% among the whole reasons. The next reason is the case of collecting or processing information takes over 7-10%. This study found the operational issues, as analyzing notifications of non-existent information. The operational issues are 1) the incomplete explanation of non-existent information, 2) the unclear scope of the collection and processing, 3) the problem of the transfer processing, and 4) the problem of recording management. Therefore, this study suggested some improvements of the perspective and the technical and procedural aspects. First, information disclosure issues including non-existent information are to be understood as an extension of records management. Second, disclosure service should improve overall based on advanced understanding. Third, the management procedures of non-existent information should be improved. Fourth, specific guidelines for handling non-existent information should be developed.

Understanding the Access and Benefit-Sharing of Genetic Resources for Environmental Ecology Researchers (나고야의정서 이행에 따른 ABS 체계의 이해와 환경생태분야 연구자의 대응방안)

  • Lee, Jonghyun;An, Minho;Chang, YounHyo
    • Korean Journal of Environment and Ecology
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    • v.35 no.4
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    • pp.336-346
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    • 2021
  • The enforcement of the Nagoya Protocol, which regulates the acquisition and use of genetic sources, an essential material for biotechnology R&D, has imposed a burden for additional documentation works to researchers. In the past, countries regarded genetic resources as a common human heritage and thus allowed researchers to use them freely. However, they can no longer afford the luxury of such freedom now since many countries are introducing new laws and regulations on the acquisition and use of the resources as the Nagoya Protocol recognizes the exclusive ownership of genetic resources. Therefore, Korea, which is highly dependent on foreign genetic resources, needs a more systematic response. This paper aims to review the key contents of the Nagoya Protocol to raise awareness among domestic and foreign genetic resource users, including researchers of environment and ecology and present the overall structure, and flow of acquisition, access, and benefit sharing (ABS) for the use of foreign genetic resources to help them respond appropriately to the new landscape. The researchers' efforts and support at the national level are necessary at the same time to appropriately respond to the Nagoya Protocol. First, the researchers must understand the overall framework and the specific response in each stage under the Nagoya Protocol scheme. It is necessary to respond to the ABS procedure of the resource provider country from accessing genetic resources to sharing benefits resulting from it. In that regard, the Nagoya Protocol has imposed more restrictions on research activities and raised the burden outside of research. The current trend of recognizing the country's sovereign rights over genetic resources is likely to continue and widespread worldwide as resource-rich countries are expected to continue protecting their resources. Therefore, our study will help environmental ecology researchers understand ABS and conduct research under the Nagoya Protocol and legal obligations of resource provider countries step by step, from access to benefit sharing.

The Landscape Meaning and Literary Group Culture Carved in Danguedae and Samgaeseokmun of Imshil (임실(任實) 단구대(丹丘臺)와 삼계석문(三溪石門)에 새긴 의미경관과 단구구로회(丹丘九老會)의 아회(雅會)문화)

  • Lee, Hyun-Woo;Lee, Jung-Han;Rho, Jae-Hyun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.29 no.4
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    • pp.170-181
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    • 2011
  • This Research will explore the meaning indicated in the landscape meaning and feature of literary group culture, focusing in Gurujeong(九老亭: pavilion for nine elders) and Samgaeseokmun(三溪石門: stone gate in three valleys) located in Dundeok-myun, Imshil-gun, and will seek to understand the implications by studying the cultural landscape spread out in the area. The place where Gurojeong and Samgaeseokmun is located is the meeting point of the three valleys, Dunnam stream, Osu stream, and Yul stream, which is the main location to view the beautiful scenery, which has the nickname as the dwelling place of a celestial being. Especially, based on the description of old maps, "Samgae(three valleys)" and "Samgaeseokmun" possesses significance as a landmark and shows a characteristic feature of landscape structures of low hills. Dangugurohwe(丹丘九老會: nine elders gathering on the dwelling of a celestial being) originated from Hyangsangurohwe(香山九老會: gathering of nine elders on a fragrant mountain), where Baekgeoi(白居易) of China was one of the main people. This group was organized by nine elders over the age of 60 desiring to view the scenery of Doyeonmyeong. The group enhanced the literary spirit on the low hill, erecting a tower, and enjoying the beautiful scenery changing every season with scholars from the same region. This phenomenon seems to have been formed upon the positive response to gatherings of elders, which were prevalent in the Joseon Dynasty. If the internal idea pursued by the group was "longevity," the external idea pursued can be summarized as "the spirit the respect for the elders." Naming the groups as 'Dangudae(place where the celestial being lives), Guseondong(valley of seeking a celestial life), Bangjangsan(mountain of a high priest), and Daecheondae(place of communicating with God) was likely a device to introspect oneself and symbolize one's life process. Furthermore, the reason Samgaeseokmun, which is an imitation of Choi, Chiwon's work, was built near Soyocheo, was probably to yearn the celestial land and based on the desire to follow Choi, Chiwon, who was the most self-fulfilling being presumed to have become a celestial being by practicing the pursuit of freedom, escaping from the reality. After tracing the symbolizing meaning of the four letters carved in the left side of the stone wall of Dangudae, the conclusion that this place was not only a place for literary gatherings of the nine elders of Saseong(four families), but was a place where the celestial being dwelled could be inferred. Corresponding with Dangudae and Gurojeong, which are places where the order of human and nature is harmonized and where its meaning associated with the location intensifies, arouses strong bond, can be said to be the symbol of the traces of celestial beings where the spirits of attachment to a certain place is embedded. The acts performed in Dangugurohwe were those of traditional leisure including strolling, viewing the scenery, drinking, composing poems, and playing instruments, and sometimes listening to stories, tea ceremony, prayers, and fishing were added, which indicates that the gathering had a strong tendency towards pastoral and hermit life.

Land Law Meaning of the Land Development Permission System (토지개발허가제의 토지법적 의의 -「국토계획법」 제56조를 중심으로-)

  • Lee, Sun-Young;Kim, Sang-Jin
    • Korea Real Estate Review
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    • v.24 no.1
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    • pp.77-90
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    • 2014
  • With the purpose of preventing improper development on the national land, the land development permission system which is performed from 2002 has meaning as a type of limiting the property right, but modification on the details of traditionally understood land ownership is inevitable. Also, releasing the development prohibit on the land not only stop in recovering the freedom for land development, but also can be interpretated as a cause of forming the land development right, therefore the purpose of this study is to develop this into a real right. When we look at the development activity permission as a form of limiting the property right, constitutional problems of basis for that limit and compensation demand can occur. However, that limit can be recovered or relieved through permitting the development activity, therefore the compensation problem can be solved. Due to the development activity permission system, the land development right was separated from the land ownership to be communalized, and now, the land ownership only has condition use right left and don't have the future condition change right in principle, therefore modifying the traditional concept of land ownership is inevitable. By the virtue of the land ownership authority, the land development permission system must have the property to separate the development right as the independent right to be authorized of its legitimacy. Without these properties, the land development permission system cannot satisfy the social necessity of the land development right and its discussion under the category of the land ownership limit theory can't be deviated. In the existing "Civil Law" or in the Land Regulation Law system, there are many difficulties and limits in generalizing the land development right as a real right. Therefore, it is considered that by establishing a social law idea of Framework Act on the Land to characterize the land right theory in the real right theory, the land development permission system or the development right theory should be studied and developed independently and systematically.

The Concept of 'Risk' and the Proportionality Review of Infectious Disease Prevention Measures (감염병 팬데믹에서의 '리스크' 개념과 방역조치에 대한 비례성 심사의 구체화 -집합제한조치에 대한 국내외 판결을 중심으로-)

  • You, Kihoon
    • The Korean Society of Law and Medicine
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    • v.23 no.3
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    • pp.139-207
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    • 2022
  • As various state restrictions on individual freedom were imposed during the COVID-19 pandemic, concerns have been raised that excessive infringements on fundamental rights were indiscriminately permitted based on the public interest of preventing infectious diseases. Therefore, the question of how to set acceptable limits of liberty restrictions on individuals has emerged. However, since the phenomenon of infections spreading to the population is only predicted statistically, how to deal with the risk of the infected individual as a subject of legal analysis has become a problem. In the absence of a theoretical framework of legal analysis of risk, the risk of infected individuals during the pandemic was not analyzed strictly, and proportionality review of infection prevention measures was often only an abstract comparison of the importance of public interest and individual rights. Therefore, this research aims to conduct a theoretical review on how risk can be conceptualized legally in a public health crisis, and to develop a theoretical framework for proportionality review of the risk of liberty-limiting measures during a pandemic. Chapter 2 analyzes the legal philosophical concepts of risk, which are the basis for liberty restrictions during a public health crisis, and applies and extends them to the pandemic. Chapter 3 reviews previous studies related to liberty restriction measures in the context of the COVID-19 pandemic, and points out they have a limitation that specific criteria for the proportionality review of public health measures in the pandemic have not been presented. Accordingly, Chapter 3 specifies the methodological framework for proportionality review, referring to the theoretical discussion on risks in Chapter 2. Chapter 4 reviews the legitimacy of gathering restriction orders, applying the theoretical discussion in Chapter 2 and the criteria for proportionality review established in Chapter 3. In particular, Section 4 examines logic of proportionality review in judicial precedents over the ban on gathering restrictions implemented in the COVID-19 pandemic. In analyzing the precedents, the logic of proportionality review in each case is critically reviewed and reconstructed based on the theoretical framework presented in this research.

An Overview of Surgical Treatment of Thymic Epithelial Tumors in Korea: A Retrospective Multicenter Analysis

  • Lee, Jun Oh;Lee, Geun Dong;Kim, Hyeong Ryul;Kim, Dong Kwan;Park, Seung-Il;Cho, Jong Ho;Kim, Hong Kwan;Choi, Yong Soo;Kim, Jhingook;Shim, Young Mog;Park, Samina;Park, In Kyu;Kang, Chang Hyun;Kim, Young Tae;Park, Seong Yong;Lee, Chang Young;Lee, Jin Gu;Kim, Dae Joon;Paik, Hyo Chae;the Korean Association for Research on the Thymus,
    • Journal of Chest Surgery
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    • v.55 no.2
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    • pp.126-142
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    • 2022
  • Background: Thymic epithelial tumors (TETs) are rare, and information regarding their surgical outcomes and prognostic factors has rapidly changed in the past few decades. We analyzed surgical treatment practices for TETs and outcomes in terms of overall survival (OS) and freedom from recurrence (FFR) during a 13-year period in Korea. Methods: In total, 1,298 patients with surgically resected TETs between 2000 and 2013 were enrolled retrospectively. OS and FFR were calculated using the Kaplan-Meier method and evaluated with the log-rank test. Prognostic factors for OS and FFR were analyzed with multivariable Cox regression. Results: A total of 1,098 patients were diagnosed with thymoma, and 200 patients were diagnosed with thymic carcinoma. Over the study period, the total number of patients with surgically treated TETs and the proportion of patients who underwent minimally invasive thymic surgery (MITS) increased annually. The 5-year and 10-year survival rates of surgically treated TETs were 91.0% and 82.1%, respectively. The 5-year and 10-year recurrence rates were 86.3% and 80.0%, respectively. The outcomes of surgically treated TETs improved over time. Multivariable Cox hazards analysis for OS, age, tumor size, and Masaoka-Koga stage were independent predictors of prognosis. The World Health Organization classification and tumor-node-metastasis (TNM) staging were also related to the prognosis of TETs. Conclusion: Surgical treatment of TETs achieved a good prognosis with a recent increase in MITS. The M-K stage was the most important prognostic factor for OS and FFR. The new TNM stage could also be an effective predictor of the outcomes of TETs.

The Family and Individual in the Transmedia Storytelling of Young Adult Narratives (청소년서사의 트랜스미디어 스토리텔링에 나타나는 가족과 개인)

  • Chung, Hye-Kyung
    • Journal of Popular Narrative
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    • v.27 no.2
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    • pp.215-262
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    • 2021
  • This thesis focuses on Wandeuki and Elegant Lies - novels written by Kim Ryeo-reong and adapted into the film by Director Lee Han; this thesis analyzes the process of storytelling being transformed as the media is converted. Also, this thesis discusses cultural-political implications of transmedia storytelling where different narrative responses coexist concerning post-IMF family disorganization and "individualization." First of all, this thesis critically reviews existing discourses on the concept of transmedia storytelling and refers to 'transfictionality' the narratological concept of Marie-Laure Ryan in order to look into media conversion storytelling that starts from original novels. The novels Wandeuki and Elegant Lies show two aspects of "individualization" that adopts existential conditions of family disorganization. Wandeuki deviates from patriarchal family romance through self-discovery and exhibits loose family bond, which is something similar to companionship of close individuals. Elegant Lies shows individualization of pain by portraying a teenager who found herself completely isolated, while showing that it is impossible for the people left behind to mourn. On the other hand, director Lee Han's films and show stories in which family members, who are confronting family dissolution, rediscover and restore their families against family dissolution. The film promotes the expansion of family community through multicultural identity, and the film completes condolence of the people left behind by having the remaining families survive as survivors of suicide. The storyworld of the novels puts emphasis on 'self-discovery' of individual adolescents, while the storyworld of the movies puts emphasis on 'rediscovery of family'. Through transformation of storytelling - especially the redesigning of narrative structures called "modification" - transmedia storytelling shows that the relationship between media-converted texts is far from "faithful representation," but rather, shows conflicting themes and perspectives. With a reference point of 'the emergence of character' transmedia storytelling, which is predicated on the original work but aims to free itself from the original work by transforming storytelling through media conversion, opens up polyphonic storyworld by creating heterogeneous voices. In the post IMF-era, where uncertainty mounts over family dissolution and individualization, polyphonic storyworld created by transmedia storytelling provides an opportunity to experience disparate desires over individual freedom/risk and complacency toward community. We can call this the cultural-political implication of transmedia storytelling based on transferring, transcednding, and transforming.

An Empirical Study on Public Value Conflict in Cultural Administration: Comparison and Analysis Based on Administrators, Planners, and Artists (문화행정의 공공성 가치충돌에 관한 실증연구 - 행정인, 기획인, 예술인 집단 비교분석 -)

  • Jang, Seok Ryu
    • Korean Association of Arts Management
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    • no.56
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    • pp.39-87
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    • 2020
  • This study empirically analyzed the value conflicts of cultural administration based on the needs of axiological discussions and the differences in intersubjectivity among the cultural administration groups and the contradicting attributes of culture and administration. The study classified the stakeholders into administrative staff, planners, and artists to compare their value priorities of publicness in cultural administration. A classification analysis was also conducted based on the normative by each group and the value distribution on a 2×2 value matrix between autonomy and accountability and fairness and efficiency. Based on the results of the quantitative study, the awareness of the relationships among the groups and cause and effects of value conflicts was analyzed through in-depth interviews. Thus, the study aimed to identify the directions for value distribution wherein the values of administration and culture can coexist and determine the implications of expanding this mutual understanding. The results revealed that in the conflict between autonomy and accountability, all groups had a greater awareness of accountability. In terms of normative aspects, it was possible to see a normative value line with an emphasis on autonomy, rather than on accountability from the lower stages on the budget hierarchy (administrators at the top, followed by planners and artists). In the conflict between autonomy and accountability, the size of dissonance between appropriateness and reality was the largest among the groups in the lower stages of the budget hierarchy, and became larger along the order of administrators, planners, and artists. In the conflict between efficiency and fairness, all groups had a greater awareness of efficiency. In terms of fairness in normative aspects, emphasis was placed on was artists, administrators, and planners, in that order. The size of dissonance between efficiency and fairness by groups became larger along the order of budget hierarchy-administrators, planners, and artists. Based on the results, the study compared and analyzed the 2×2 value matrix between the normative and actualities by groups. The normative value distribution emphasized Type 1 (accountability x fairness) as seeking communitarianism values through culture and Type 2 (autonomy x fairness) as seeking balanced values of cultural freedom of individualsonabalance. However, in actualities, although the communitarianism values of Type 1 were considered important, there were no distributions to the liberal values of Type 2, rather to the economic values of culture from Type 4 (accountability x efficiency). In summary, the Korean cultural administration isunderapressureof value distribution to emphasize the communitarianism and economic rather than liberal values, through bureaucratic control in actualities compared with the normative. This study will have significant implications on value distribution decision-making by groups and political implementations within the purview of cultural administration.