• Journal of Legislation Research
• /
• no.53
• /
• pp.337-374
• /
• 2017

Wer wegen eines Wahldelikts zu Geldstrafe von mehr als 1 Million Won verurteilt wird, verliert nach ${\S}$ 18 Abs. 1 Satz 3, ${\S}$ 19 Satz 1, ${\S}$ 266 des Koreanischen Wahlgesetzes $f{\ddot{u}}r$ die Dauer von $f{\ddot{u}}nf$ Jahren die $F{\ddot{a}}higkeit$, ${\ddot{o}}ffentliche$ ${\ddot{A}}mter$ zu bekleiden und Rechte aus ${\ddot{o}}ffentlichen$ Wahlen. Bei Verurteilung zu Freiheitsstrafe wegen eines Wahldelikts ${\ddot{A}}mter$ sich die Dauer des Verlusts der $Amtsf{\ddot{a}}higkeit$ und des aktiven bzw. passiven Walhrechts auf 10 Jahre. Dies erfolgt kraft Gesetzes. Das $hei{\ss}t$, dass die Entscheidung ${\ddot{u}}ber$ das Ob und die Dauer des Verlusts nicht im Ermessen des Gerichts steht. Allerdings sollte $diesbez{\ddot{u}}glich$ nicht verkannt werden, dass ein deratriger Entzug von $Amtsf{\ddot{a}}higkeit$, $W{\ddot{a}}hlbarkeit$ u.s.w., mit dem eine Straftat geahndet werden soll, selber von Natur aus eine Art Strafen darstellt. Der im ${\S}$ 41 des Koreanischen StGB geregelte Strafen-Katalog $enth{\ddot{a}}lt$ $n{\ddot{a}}mlich$ eine zeitlich begrenzte Aberkennung des oben genannten ${\ddot{o}}ffentliche$n Rechtsstatus als eine Art Ehrenstrafen. Nicht einleuchtend ist, warum das Wesen der Sanktion $gem{\ddot{a}}{\ss}$ ${\S}$ 18 Abs. 1 Satz 3, ${\S}$ 19 Satz 1, ${\S}$ 266 des Koreanischen Wahlgesetzes, die den gleichen Zweck und die gleiche Rechtsfolge wie die im ${\S}$ 41 des Koreanischen StGB geregelte Ehrenstrafe hat, nicht als Strafe aufgefasst werden sollte. Handelt es sich bei der oben genannten Sanktion um eine Art Ehrenstrafen, so stellt sich die Anforderung, sie je nach der Eigenart der begangenen Tat bzw. des $T{\ddot{a}}ters$ zu individualisieren. Das Gebot der Individualisierung der Strafen, welches $haupts{\ddot{a}}chlich$ vom materiellen Rechtsstaatsprinzip ableitbar ist, kann im Grunde nur verwirklicht werden, wenn das Gericht dazu befugt ist, unter $Ber{\ddot{u}}cksichtigung$ der konkreten $Umst{\ddot{a}}nde$ jedes Einzelfalls ${\ddot{u}}ber$ eine angemessene Strafe zu befinden. Somit ist der kraft Gesetzes eintretenden Verlust der $Amtsf{\ddot{a}}higkeit$ und der $W{\ddot{a}}hlbarkeit$ nur schwer mit dem Gebot der Individualisierung der Strafen vereinbar. Es $w{\ddot{a}}re$ deshalb $w{\ddot{u}}nschenswert$, wenn der Gesetzgeber eine Reform in Betracht ziehen $w{\ddot{u}}rde$, welche den Ersatz des kraft Gesetzes automatisch eintretenden Entzugs der $Amtsf{\ddot{a}}higkeit$ bzw. des Wahlrechts durch die gerichtliche fakultative Aberkennung von diesen Statusrechten beinhaltet.

• Journal of Korean Classical Literature and Education
• /
• no.38
• /
• pp.65-101
• /
• 2018

In the late Joseon Dynasty, patriarchal ideology became central to the family and the clan, and once again became acutely felt with "the familism of clan rules that centered around a legitimate and eldest son." The establishment of the family-clan system, though somewhat complex, was largely aimed at the family line of "a paternalist-a legitimate and eldest son." The trend was not limited to a particular family, but rather, was a historical and social trend. Changseonggameirok showed how to solve the family crisis by setting up a problem for the next generation's patriarch. This paper tries to explain the issue of Hwachun's complex as the legitimate and eldest son complex. First, it suggests that Hwachun's complex is as universal as the Cain complex, also known as the eldest son complex, and that Hwachun's complex is a special instance of the legitimate and eldest son complex in Changseonggameirok. Next this paper studies the aspects of Hwachun's legitimate and eldest son complex combined with Mrs. Sim's complex, as well as her daughter-in-law's complex, and eventually tracks the development of the family-clan complex. As a result, we've come to a new conclusion that the legitimate and eldest son complex was found in Changseonggameirok for the first time in Korean literary history. This paper also examines the fact that when the legitimate and eldest son complex was transferred to Hwajin, it became a family complex that Hwajin had to contend with; this paper tracks the process wherein Hwajin's filial piety solved the legitimate and eldest son complex. As a result, we realized that Hwajin's filial duty and brotherly love went beyond his feelings for Mrs. Sim and Hwachun, and supported the substantiation for "the familism of a clan that is based on rules of the legitimate and eldest son" in the course of public opinion. However the familism of these rules was not embodied in the absolute; in the royal family, for example, it was rather flexibly implemented when the characters admitted to breaking the law. In addition, this paper provides the room for a critical reading of Changseonggameirok, reflecting back on the underlying guilt and psychological pain of the characters who are affected by the particular rules, and concluding that guilt and suffering are fundamentally insoluble. This is because the two ideas, "the legitimate and eldest son complex" and "the familism of a clan rules centered on a legitimate and eldest son" are two sides of the same coin.

• Journal of Korean Classical Literature and Education
• /
• no.38
• /
• pp.139-173
• /
• 2018

In the study of Guunmong, which is one of the representative classical $17^{th}$ century novels of the Joseon Dynasty, interpretations through The Book of Change(Juyeok) have recently emerged. It is necessary to more concretely investigate the themes of the research. The writer Kim man-jung wrote the work in an exile situation. In that time he composed a poem using Chinese letters with meaning connected to The book of Change. In particular, the discourse of Bok-gwae(復卦, ䷗) concentrating on the meaning of recovery might be a basis to construct the inner world of the work. The sentence of 'Bok goes well' in The Book of Change suitably match up with the hero's life in Guunmong. In addition the sentences of 'There is no illness in going and coming. So it will be no faults if friends arriver' can be applied to the meeting between the hero and heroines of Guunmong. The general declarations of The Book of Change are appropriate for explaining the contents of Guunmong. There are six Hyos that make up Gwae. The Hyos, from the first one at the bottom to the fifth one up above, connect to the characters of Guunmong. The phrase of 'Not going far away' regarding to the first Yang Hyo can be connected to Yang So-yu, hero of Guunmong. The phrase of 'Recovering beautifully' with regard to the second Eum Hyo can also be realized in the life of Jeong Gyeong-pae and Ga Chunun, two heroines of the work. The phrase of 'Danger owing to frequently recovering' regarding the third Eum Hyo can be applied to the position of Gye Seom-weol and Jeok Gyeong-hong. The phrase of 'Going middle with recovering alone' regarding the forth Eum Hyo can be matched with Sim Yo-yeon and Baek Reung-pa. The phrase of 'No regrets during an intense recovery' with regard to the fifth Eum Hyo is applicable to Yi So-hwa and Jin Chae-bong. The phrase of 'Boding of a confused recovering' regarding the sixth Eum Hyo is related to the writer's situation. The boding of confused recovering is owing to anti-royal road. The contrast between the royal road and the anti-royal road reflects Confucianism and Buddhism, dream and reality, and Yang So-yu in a dream and Seong Jin, who is same hero, in reality. Moreover, the structure of Guunmong which is organized in the form of reality-dream-reality, has a basis in this contrast. Considering these relationships, we can say the classical novel Guunmong is a fable of Bok-gwae. The work is a hopeful narration of an effective recovery that the writer anticipated in exile.

• Korean Journal of Comparative Education
• /
• v.27 no.1
• /
• pp.145-169
• /
• 2017

The purpose of this study is to investigate the influences of educational policy transfer on transitional countries by analyzing the impacts of the Bologna Process on the educational systems of former socialist countries in Europe including Russia, Ukraine, and Hungary. For this purpose, documents published by European Union and its associated educational institutions, as well as academic institutions and scholars were analyzed to evaluate the changes made not only in the systemic level but also institutional and personal levels. The Bologna Process, instigated by the rise of knowledge economy and globalization, is purported to be the most influential educational reform conducted by the member countries since the formation of EU. However, unlike its original intentions to promote the voluntary participation of universities and students, the Bologna Process strengthened the structure of centralized bureaucracy in the educational systems, and restricted the freedom of professors, since most of the universities in these countries relied on governments for their funding. This indicates that in analyzing the influences of educational policy transfer in transitional countries, it is important to analyze the roles and motivations of actors participating in the decision-making processes. Moreover, Bologna Process reforms, made under the direction and control of government, were often turned into cases in which administrators hurriedly implement new policies against the will of faculty members and students, thus impeding the efficient localization of the reforms. This case, thus, implies that while educational reforms driven by policy transfer can change external systems and policies of universities, the fundamental reforms in the minds of faculty and inner workings of organization can only come about after a careful consideration of the societal and cultural values embedded within society.

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

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

• Review of Culture and Economy
• /
• v.21 no.2
• /
• pp.141-173
• /
• 2018

In this article, we explore how artistic fame is formed by analyzing antecedents of fame the extent to which the name of an actor or his/her work is positively known by his/her audiences among Korean handicraft artists. Drawing on prior literature on reputation and fame, we clarify the differences between the concept of reputation and the concept of fame and further distinguish three types of reputation among individual artists, depending on its sources expert reputation, market reputation, and peer reputation. We employ the mixed method in this study, in which we first conducted open-end interviews with three kinds of constituents (i.e., critics, market intermediaries, and artists) and then developed and tested the hypotheses derived from the insights we had obtained from the interviews. We further considered the impact of reputational work, defined as the level of effort devoted and activities performed by an artist him(her)self geared toward promoting his(her) work, on artistic fame. We find that there are large differences in factors associated with artistic fame between non elite and elite Korean handicraft artist groups, where elite status is captured by artists' educational background (i.e., Seoul National University and Hongik University, which are considered elite schools in accordance with prior research). Specifically, findings suggest that among non elite status artists, recognition by experts, or what we call expert reputation, acquired through national awards and invitations from prominent exhibitions as well as artists' own reputational work that incurs high cost, such as self-financed exhibition openings, were shown to be highly significant factors associated with artistic fame, which was measured as the number of media exposures related to her/his art work. By contrast, among elite status artists, peer reputation acquired through an artist's institutional affiliations and relatively low cost artists' own reputational work, such as self listing on a highly publicized magazine, were shown to be significant factors associated with fame. Taken together, this paper contributes to research on cultural industries and markets by highlighting the importance of understanding artistic fame not just as the outcome of her/his talent but as the social product that arises at the intersection of actors (artists) and her/his audiences in the social evaluation process.

• Korean Journal of Social Welfare Studies
• /
• no.36
• /
• pp.55-80
• /
• 2008

Research on the welfare state or income inequality has been concerned with variations in inequality between societies or families. These studies tend to view the family as a unit of shared interests where incomes are pooled and distributed equally. This study makes a theoretical and empirical case for why it is important to look at economic dependency within the family in comparative welfare state research. Using the Luxembourg Income Study data this study examined married women's dependency on their husbands' earnings in 16 western industrialized countries. The constructed measure for married women's level of economic dependency followed the procedure of Sørensen & McLanahan(1987), which stated : "her dependency is measured by the extent to which a woman's standard of living(as determined by her share of income) is derived from a transfer from her husband." The finding suggested that married women's economic dependence was lowest in Scandinavian countries. On the contrary, in Southern Europe countries most married women were dependent on husbands' earnings. In Netherlands, Austria, Germany where the share of part-time work among married women was high, married women's economic dependence was also high. This showed the women's labor force participation did not mean that the majority of couples were equal with respect to earnings, nor that a major shift in the sexual division of labour has taken place. This paper analysed the causal relationship between the married women's economic independence and the welfare state by using Ragin(2000)'s Fuzzy-Set Qualitative Comparative Analysis. This analysis considered the various conditions of the welfare state : namely, left power, union mobilization density, women's mobilization, public service sector employment and generous support on the family. The result showed that powerful union, high level of women's mobilization and the generous support on the family were necessary conditions for 'relatively high' level of married women's economic independence.

• Journal of Legislation Research
• /
• no.41
• /
• pp.367-399
• /
• 2011

This Article examines the regulation of outsider trading under the Financial Investment Services and Capital Markets Act (the "Capital Markets Act"). Outsider trading occurs when a market participant who is not a traditional corporate insider trades securities based on either "inside" or "outside" nonpublic information. Unlike "inside" information, "outside" information is referred to as information not derived directly or indirectly from the issuer. "Outside" information includes both "corporate" and "market" information. "Corporate information" is information about events or circumstances which affect the company's assets or earning power. "Outside corporate information" is information about the company's assets or earning power not derived directly or indirectly from the issuer. "Market information" is information about events or circumstances which affect the market for a company's securities but which do not affect the company's assets or earning power. The Capital Markets Act prohibits both "temporary insiders" from using "corporate" information in trading securities and "outsiders" from using "market" information, such as (i) information regarding the initiation or discontinuance of a tender offer; or (ii) information regarding acquisition or disposition of stocks in bulk. However, the Act does not encompass circumstances (i) where an outsider trades securities based on confidential corporate information obtained through certain types of wrongful conduct; (ii) where an outsider trades securities based on corporate information obtained through eavesdropping; and (iii) where an outsider trades securities based on either outside corporate information or market information created by the outsider himself. In order to plug a few of the gaps left open in the law of outsider trading under the Capital Markets Act, this Article suggests that regulators adopt a relatively broad reading of the scope of ${\S}$ 178(1) of the Act, which is similar to SEC Rule 10b-5, to include outsiders with no relationship to the corporation that had issued the securities. Since ${\S}$ 178(1) of the Act does not require "deception" for liability, it would seem to evade the limitations imposed by the U.S. misappropriation theory. Key Words : Outsider Trading, Insider Trading, Material Nonpublic Information, the Capital Markets Act, Misappropriation Theory, Fiduciary Theory.

• Journal of Legislation Research
• /
• no.41
• /
• pp.337-366
• /
• 2011

In this article, I intend to analyze the definition of an employee under the Trade Union Act in Japan. Recently, the Supreme Court of Japan held that not only opera singer but also customer engineer is an employee under the Act. Conclusions are as follows:First, it is noteworthy that the Supreme Court reaffirmed the principle of all circumstances established by CBC case. The case focused on deciding that who is an employee under the Act. Notwithstanding this holding of the Supreme Court, district courts and courts of appeals, in deciding this kind of question, have emphasized especially on the side of a legal right and obligation on a contract between an employer and a potential employee. Therefore an independent contractor has not been generally recognized as an employee under the Act. However, even though he or she was, as an independent contractor in name, offering its work to his or her putative employer, the Supreme Court applied the principle of all circumstances to both cases and held in favor on the workers on April, in 2011. Second, the Supreme Court failed to make a general legal principle for deciding that who is an employee under the Act. According to the above holdings of the Supreme Court, nobody can anticipate wether he or she is an employee or not in a concrete case. Finally, the Supreme Court did not also make its opinion clearly about the relations between an employee of the Section 3 of the Act and an employee whom an employer employs under the Section 7(2) of the Act. In conclusion, it can be said that the Supreme Court has narrowly and strictly interpreted an employee of the Section 3. That is to say, only where an employee is recognized as an employee of the Section 7(2), the employee will be also an employee of the Section 3. In Japan, however, the majority interprets that an employee by the Section 3 should be distinguished from the employee whom an employer employs by the Section 7(2). Consequently, according to the majority opinions, unemployed persons, students and citizens will be also included in the definition of an employee by the Section 3.

• Journal of Korean Classical Literature and Education
• /
• no.37
• /
• pp.253-281
• /
• 2018

The purpose of this paper is to analyze the meaning of of "Nikolai Garin - Mikhailovsky's the "Joseon tale". talks about the origins of the Joseon Dynasty and the Qing Dynasty. In this paper, we revealed the features of the form of "Otter Legend". And analyzed the confrontation between Nurhachi's family and Yi Seong-gye's family shown in the story. The result is as follows. is complex tale. The start of is 'the typr of Yaraeja'. Next is the story of Myoung-Dang. Myoung-Dang is deep in the water. also has anecdotes of Jeong, Chung-shin. rearranged at least three stories or more. transformed each type of stories, communing the different patterns of stories with different logic. The basic logic of the transformation was to maximize the confrontation between the NuruhachI and Yi Seong-gye clans, the origins of Manchuria and the Chosun Dynasty. As a result, the sacredness of Nurhachi's Family, the origin of the Qing Dynasty, was expanded. On the other hand, Yi Seong-gye s Family was less extraordinary than Nurhachi's Family. Also, the ability of the person is also inferior. This is not the yearning for the Qing Dynasty. This is because the Qing Dynasty and the Joseon have the same pedigree. shows that the Qing Dynasty's experiences should be shared since the Qing Dynasty was born of another clan of Joseon. This is a new perception of Qing Dynasty. This is similar to the interpretation that dragged the Qing Dynasty's history into the Joseon's ethnographic historical point of view.