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

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

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

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

Stability and Damage Evaluation of the Buddha Triad and 16 Rock-Carved Arhat Statues at Seongbulsa Temple in Cheonan, Korea (천안 성불사 마애석가삼존과 16나한상의 손상도 및 안정성 평가)

  • Yang, Hyeri;Lee, Chan Hee;Jo, Young Hoon
    • Korean Journal of Heritage: History & Science
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    • v.53 no.4
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    • pp.78-99
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    • 2020
  • The Buddha triad and 16 Arhat statues carved on the rock surface at Seongbulsa temple is the only domestic remaining example of all 16 Arhats, so its academic value is very high. However, it is severely damaged and so required a stability evaluation through study of digital documentation and precise diagnosis for the purpose of comprehensive conservation. This process established that the Buddha statues were of similar scale, while the Arhats showed a wide variety of sizes, and the two kith and kin in the volume were larger than the Arhats. It was estimated that the statues of food for Buddha are similar to the Arhat statues, and most of the statues are well-formed. The rock used to carve the Buddha statues is banded gneiss with distinct foliation, alternating between white bands of quartz and feldspar and black bands composed of biotite. The Buddha statues have been damaged by physical weathering, discoloration, and biological contamination. In damage evaluations, joint (3.6 crack index), peeling (5.2%), exfoliation (1.7%), and falling off (0.1%) were observed on the rock surface of the Buddha statues. In particular, due to severe biological weathering, stage 9 and 10 biological coverage of the rock surface accounted for 57.5% of the total area, and stages 5 to 8 also accounted for a high share at 22.3%. The discoloration factors were shown to be dark brown and white with Fe, Ca, and S, and a large amount of C detected in the blackened contaminants, and the damage weight high in all areas. Discontinuities in different directions were identified in the rock surface. Analysis of potential rock failure types indicated that there is a possibility of plane and toppling failure, but wedge failure is unlikely to occur. The mean ultrasonic velocity of the main rock surface was 2,463m/sec, the lower part of the left side with a large number of joints was relatively low, and the highly weathered (HW) type to the completely weathered (CW) type concentrated distribution, showing weak properties. For the Buddha statues, conservation treatment is required for about 14.9% of micro cracks and 58.9% of exfoliation cracks. In addition, in order to improve the conservation environment of the Buddha statues, maintenance of drainage and ground preparations for the rock surface gradient and plants are necessary, and protection facilities should be reviewed for long-term conservation and management purposes.

Modern Enterprise & ESG Management philosophy of Gaeseong Ginseng Merchant (개성 인삼상인의 근대기업화와 ESG 경영이념)

  • Ock, Soon Jong
    • Journal of Ginseng Culture
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    • v.3
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    • pp.90-118
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    • 2021
  • Gaeseong fostered the conditions necessary for modern capitalism, as huge capital was accumulated through the cultivation and trade of ginseng, which were activities that flourished in the 18th century. During the Japanese colonial era, ginseng merchants were not simply limited to acquiring landowner capital from ginseng trade but actively converted such resource to productive and financial capital, thereby becoming modern entrepreneurs. Ginseng merchants led the joint management and investment of Gaeseong Electric Co., Ltd., Daehan Cheonil Bank, Gaeseong Brewing Co., Ltd., and Songgo Textile Company, founded in the early 20th century. They pursued corporate profits and, as leading individuals of society, spearheaded regional development by supporting educational and cultural projects in Gaeseong. These projects included the establishment of the Gaeseong Commercial School, the publication of Goryeo Times, and the operation of the Gaeseong Jwa Theater. Although liberal economics prioritized shareholder interest, the 21st century witnessed an emphasis on social responsibility among stakeholders asthe major purpose of enterprises. A trend that emerged was ESG (environment, social, governance) management, in which non-financial factors are valued more highly than financial performance. A successful business, which was denoted only by high profits in the past, is now defined by whether a company fulfills its social responsibility. In the early 20th century, the corporate activities of ginseng merchants in Gaeseong reflected entrepreneurship and stakeholder-centered ESG management, which later emerged as essential elements of modern business management. The modern management philosophy ahead of its times stemmed from the regionality of Gaeseong. The political discrimination against Gaeseong residents in the Joseon Dynasty precluded them from becoming government officers, and under a strict social hierarchy, yangban ("noblemen"), the intellectuals of the Joseon Dynasty, were forced to serve as merchants. Son Bong-sang and Kong Seong-hak, aside from being representative ginseng merchants, were both Confucian scholars and writers. The second and third generations of ginseng merchant families who had received higher education abroad returned to Gaeseong to carry on with their family businesses, then established modern companies with capital accrued from the ginseng industry. An analysis of the commercial activities of ginseng merchants in the early 20th century confirmed that these individuals were pioneering entrepreneurs who adopted the ESG management philosophy. In ginseng merchants, one sees a dimension of capitalism with a human face, as with ginseng thatsaves human life.

Ginseng Research in Natural Products Research Institute (NPRI) and the Pharmaceutical Industry Complex in Gaesong (생약연구소의 인삼연구와 약도개성)

  • Park, Ju-young
    • Journal of Ginseng Culture
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    • v.3
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    • pp.54-73
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    • 2021
  • The Natural Products Research Institute (NPRI, 生藥硏究所), an institution affiliated with Keijo Imperial University (京城帝國大學), was the predecessor of the NPRI at Seoul National University and a comprehensive research institute that focused on ginseng research during the Japanese colonial era. It was established under the leadership of Noriyuki Sugihara (杉原德行), a professor of the second lecture in pharmacology at the College of Medicine in Keijo Imperial University. Prof. Sugihara concentrated on studying Korean ginseng and herbal medicine beginning in 1926 when the second lecture of pharmacology was established. In addition to Prof. Sugihara, who majored in medicine and pharmacology, Kaku Tenmin (加來天民), an assistant professor who majored in pharmacy; Tsutomu Ishidoya (石戶谷勉), a lecturer who majored in agriculture and forestry; and about 36 researchers actively worked in the laboratory before the establishment of the NPRI in 1939. Among these personnel, approximately 14 Korean researchers had basic medical knowledge, derived mostly from specialized schools, such as medical, dental, and pharmaceutical institutions. As part of the initiative to explore the medicinal herbs of Joseon, the number of Korean researchers increased beginning in 1930. This increase started with Min Byung-Ki (閔丙祺) and Kim Ha-sik (金夏植). The second lecture of pharmacology presented various research results in areas covering medicinal plants in Joseon as well as pharmacological actions and component analyses of herbal medicines. It also conducted joint research with variousinstitutions. Meanwhile, in Gaesong (開城), the largest ginseng-producing area in Korea, the plan for the Pharmaceutical Industry Complex was established in 1935. This was a large-scale project aimed at generating profits through research on and the mass production of drugs and the reformation of the ginseng industry under collaboration among the Gaesong Ministry, Kwandong (關東) military forces, Keijo Imperial University, and private organizations. In 1936 and 1938, the Gyeonggi Provincial Medicinal Plant Research Institute (京畿道立 藥用植物硏究所) and the Herb Garden of Keijo Imperial University (京城帝國大學 藥草園) and Pharmaceutical Factory were established, respectively. These institutions merged to become Keijo Imperial University's NPRI, which wasthen overseen by Prof. Sugihara as director. Aside from conducting pharmacological research on ginseng, the NPRI devoted efforts to the development and sale of ginseng-based drugs, such as Sunryosam (鮮麗蔘), and the cultivation of ginseng. In 1941, the Jeju Urban Test Center (濟州島試驗場) was established, and an insecticide called Pancy (パンシ) was produced using Jeju-do medicinal herbs. However, even before research results were published in earnest, Japanese researchers, including Prof. Sugihara, hurriedly returned to Japan in 1945 because of the surrender of Japanese forces and the liberation of Korea. The NPRI was handed over to Seoul National University and led by Prof. Oh Jin-Sup (吳鎭燮), a former medical student at Keijo Imperial University. Scholars such as Woo Lin-Keun (禹麟根) and Seok Joo-Myung (石宙明) worked diligently to deal with the Korean pharmaceutical industry.

Conservation and Scientific Analysis of Human Bone Excavated in Sabi Period of Baekje from Eungpyeong-ri, Buyeo (부여 응평리 출토 백제 사비기 인골 보존처리 및 과학적 분석)

  • KIM, Mijeong;LEE, Yunseop;CHO, Eunmin;PARK, Sujin;MOON, Minseong
    • Korean Journal of Heritage: History & Science
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    • v.55 no.1
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    • pp.305-321
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    • 2022
  • The stone chamber tomb in Eungpyeong-ri, Buyeo, is a joint tomb that contains the bodies of two individuals. This paper investigates the relationship between the buried persons and the characteristics of the stone chamber tomb. Based on the geographical location, relics, and the excavated human bones, it was determined that the tomb was built during the Sabi Period of the Baekje Dynasty and that the buried individuals were most probably residents of high stature or government officials. To study the excavated bones, the remains were carefully collected and conservation was carried out. Before collecting samples from the human bones for the analytical research, the results of near-infrared analysis were used to collect the samples for the isotope analysis and DNA analysis. The most important issue when handling the excavation site was the reinforcing agent and the concentration of the agent used. In situations like this, Paraloid B-72 is the most suitable agent. When the shape of human bones was difficult to distinguish from the soil, conservation was performed using X-ray and CT imaging data. The same chemical used for the reinforcement of the site was used to complete a minimum level of conservation to the surface areas where the conservation treatment of removing foreign substances, the reinforcement areas, and bonded areas were carried out. The collagen yield from the sample obtained at selected position was 3.8% to 6.1%. The results of analyzing the stable isotopes of carbon and nitrogen found in the extracted collagen showed that the stable isotope ratios came out to δ13C -18.3‰±0.1‰, -19.0‰±0.1‰ for EBW and δ15N 10.7‰±0.5‰, 10.6‰±0.1‰ for EBE. It is believed the two individuals consumed small amounts of minor cereals, mainly from C3 plants, and protein was obtained from eating terrestrial animals. What's more, the deviations in data obtained from the two individuals were so small that it could be inferred that the individuals ate similar foods. Considering the preservation state of the sample, amplifying DNA for the DNA analysis would have been very difficult since the amount of surviving DNA was so deficient. For DNA analysis, it is anticipated that the results could be derived by applying improved extraction methods that will be developed in the future. In this research, any association between scientific analysis(DNA and stable isotope ratio) and near-infrared spectroscopy was difficult to establish. Further research is needed on the utilization of near-infrared analysis for gathering samples from human bones.

A rudimentary review of the ancient Saka Kurgan burial rituals - Focused on the case of Katartobe Ancient Tombs in the Zhetisu Region - (고대 사카 쿠르간 매장의례의 초보적 검토 - 제티수지역 카타르토베 유적 사례를 중심으로 -)

  • NAM, Sangwon;KIM, Younghyun;SEO, Gangmin;JEONG, Jongwon
    • Korean Journal of Heritage: History & Science
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    • v.55 no.1
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    • pp.63-84
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    • 2022
  • One of the ancient nomadic cultures, the Saka is generally regarded as an important intermediary in the ancient Eurasian cultural network. This study is the reinterpretation of the excavations conducted on the Katartobe tombs site of the Saka culture through a joint three-year-long project by the National Research Institute of Cultural Heritage in Korea in collaboration with the Cultural Heritage Research Institute under the National Museum of the Republic of Kazakhstan. The main discussion of the study deals with the burial rituals performed by the community who built the Katartobe tombs by the comparison and review of the various researches on the Saka tombs based on the archaeological artifacts discovered during excavation. The research has shown that the Saka tribes maintained the tradition of burying domesticated animals, such as horses, with its owner and performed burial rituals which often involved the use of fire. The archaeological remains of the Saka also show that the burial rituals like these formed the key aspect of their cultural heritage. The archaeological discoveries also show that the Saka mourners built wooden cists under a single mound when they needed to bury multiple corpses at once and sustained the practice of excarnation when burying the bodies of those who died in the different periods of time. Some burials included a tomb passage which was used not only for carrying the deceased but also for a separate burial ritual. The main discussion of this study also deals with the remnants of bones of animals buried with their deceased owners in the same kurgan, as well as the animal species and their locations in the kurgan, resulting in the discovery of diverse meanings connected with them. The pottery buried in the tombs were largely ceremonial offering vessels, just like others excavated at nearby Saka tombs and located around the buried corpse's head facing toward the west. The excavation of the tombs also shows that two vessels were arranged at the corners of the coffin where the feet are located, revealing the characteristic features of the burial practices maintained by the tribe who built the Katartobe tombs. It may be too early to come to a definite conclusion on the burial practices of the Saka due to the relative lack of research on the kurgans across Central Asia. Excavations so far show that the kurgans clustered in a single archaeological site tend to display differences as well as uniformities. In conclusion, the ancient Central Asian tombs need more detailed surveys and researches to be able to make strides in an effort to restore the cultural heritage of the ancient Central Asian tribes who played a crucial role in the Eurasian cultural landscape.

A study on the effect of startup entrepreneurs' experience of industry-university cooperation through incubator organizations on organizational learning capability and innovation performance (벤처기업 창업가의 배태조직과 산학협력 경험이 조직학습역량과 혁신성과에 미치는 영향)

  • Kim, Deokyong;Bae, Sung Joo
    • Journal of Technology Innovation
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    • v.30 no.2
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    • pp.29-58
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    • 2022
  • Startups lack resources and manpower to build internal capabilities to strengthen market competitiveness; external cooperation such as joint research and networking plays is important. In this study, we analyzed the effect of startups' industry-university cooperation on organizational learning capability and innovation performance. Empirical results demonstrate the mechanism by which government R&D investment strengthens organizational learning capability and creates innovative results by promoting cooperation between startups and universities. First, industry-university cooperation strengthened organizational learning capability. An empirical analysis shows that startups increase internal capabilities through external cooperation. Second, startups' organizational learning capability had a significant effect on innovation performance. We analyze how organizations with high learning capabilities positively develop corporate innovation performance by having a culture of discovery and sharing new ideas. Finally, industry-university cooperation had different effects on organizational learning capability and innovation performance according to the previous experiences of startup founders. In particular, small- and medium-sized (startup) businesses and individual-based experience groups positively affected the creation of organizational learning capabilities and innovation performance through industry-university cooperation. Small- and medium-sized businesses and individual founders have a relatively small cooperative network with the outside world compared to founders of large companies, universities, and research institutes; therefore, they strengthen organizational learning capabilities through cooperation with universities. This study demonstrates that government should create policy inducements for cooperation with universities to maximize the R&D performance of startups. Criticism exists that lending support to startups and universities will hinder innovation performance; nevertheless, government investment plays a role in expanding intangible resources such as accumulating technologies, fostering high-quality human resources, and strengthening innovation networks. Therefore, the government should appropriately utilize the its authority to strengthen investment strategies for startup growth.

Comparative Analysis of the Keywords in Taekwondo News Articles by Year: Applying Topic Modeling Method (태권도 뉴스기사의 연도별 주제어 비교분석: 토픽모델링 적용)

  • Jeon, Minsoo;Lim, Hyosung
    • Journal of Digital Convergence
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    • v.19 no.11
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    • pp.575-583
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    • 2021
  • This study aims to analyze Taekwondo trends according to news articles by year by applying topic modeling. In order to examine the Taekwondo trend through media reports, articles including news articles and Taekwondo specialized media articles were collected through Big Kinds of the Korea Press Foundation. The search period was divided into three sections: before 2000, 2001~2010, and 2011~2020. A total of 12,124 items were selected as research data. For topic analysis, pre-processing was performed, and topic analysis was performed using the LDA algorithm. In this case, python 3 was applied for all analysis. First, as a result of analyzing the topics of media articles by year, 'World' was the most common keyword before 2000. 'South and North Korea' was next common and 'Olympic' was the third commonest topic. From 2001 to 2010, 'World' was the most common topic, followed by 'Association' and 'World Taekwondo'. From 2011 to 2020, 'World', 'Demonstration', and 'Kukkiwon' was the most common topic in that order. Second, as a result of analyzing news articles before 2000 by topic modeling, topics were divided into two categories. Specifically, Topic 1 was selected as 'South-North Korea sports exchange' and Topic 2 was selected as 'Adoption of Olympic demonstration events'. Third, as a result of analyzing news articles from 2001 to 2010 by topic modeling, three topics were selected. Topic 1 was selected as 'Taekwondo Demonstration Performance and Corruption', Topic 2 was selected as 'Muju Taekwondo Park Creation', and Topic 3 was selected as 'World Taekwondo Festival'. Fourth, as a result of analyzing news articles from 2011 to 2020 by topic modeling, three topics were selected. Topic 1 was selected as 'Successful Hosting of the 2018 Pyeongchang Winter Olympics', Topic 2 was selected as 'North-South Korea Taekwondo Joint Demonstration Performance', and Topic 3 was selected as '2017 Muju World Taekwondo Championships'.

Dual Plate Fixation for Periprosthetic Femur Fracture after Total Knee Arthroplasty (슬관절 전치환술 후 발생한 대퇴골 삽입물 주위 골절의 이중 금속판 고정술)

  • Kim, Dong Hwi;Cha, Dong Hyuk;Ko, Kang Yeol
    • Journal of the Korean Orthopaedic Association
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    • v.56 no.1
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    • pp.26-33
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    • 2021
  • Purpose: This study evaluated the results of dual plate fixation for periprosthetic femur fracture after total knee arthroplasty (TKA). Materials and Methods: From October 2007 to February 2013, 23 cases of periprosthetic femur fracture after TKA were treated at the author's hospital. There were 13 cases of fixation using a medial and lateral dual plate when the stability of the fracture site could not be achieved by one side fixation with a follow-up of more than one year. The cases included no loosening of the femoral component in fractures that were categorized as Lewis-Rorabeck classification II and supracondylar comminuted fractures and elongation of the fracture line to the lateral epicondyle of the femur or stem in the medullary canal. The mean age was 72 years (65-82 years), and 11 cases were female. Three cases had a stem due to revision. The mean bone marrow density was -3.2 (-1.7 to -4.4), and the mean period from primary TKA to periprosthetic fractures was 28 months (1-108 months). The mean follow-up period was 23 months (12-65 months). The medial fracture site was first exposed via the subvastus approach. Second, the supplementary plate was fixed on the lateral side of the fracture using a minimally invasive plate osteosynthesis technique. The average union time, complications, and Hospital for Special Surgery Knee Score (HSS) at the last follow-up were evaluated. Results: The mean union time was 17.4 weeks (7-40 weeks). Two cases showed delayed bone union and nonunion occurred in one case, in whom bone union was achieved three months later after re-fixation using a dual plate with an autogenous bone graft. The mean varusvalgus angulation was 1.67 degrees (-1.2-4.9 degrees), and the mean anterior-posterior angulation was 2.86 degrees (0-4.9 degrees) at the last follow-up. The mean knee range of motion was 90 degrees, and the HSS score was 85 points (70-95 points) at the last follow-up. Conclusion: Dual plate fixation for periprosthetic femur fractures that had not achieved stability by one side plate fixation after TKA showed a good clinical result that allowed early rehabilitation.