• Title/Summary/Keyword: Legal Nature

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The Chosun Governor General Office's Administration regarding Official Documents (조선총독부 공문서(公文書) 제도 -기안(起案)에서 성책(成冊)까지의 과정을 중심으로-)

  • Lee, Seung-il
    • The Korean Journal of Archival Studies
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    • no.9
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    • pp.3-40
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    • 2004
  • In this article, the elements usually included in the official documents issued by the Chosun Governor General office, the process of a certain document being put together and legally authorized, and its path of circulation and preservation are all examined. In order to create an official document of the Governor General office with legal authorization, a draft of a bill had to go through several discussions and a subsequent agreement before it was finally approved. Personnels involved in the discussion stage had the authority to ask for modifications and retouching of the draft, and the modifying process were all recorded in order to make clear who was responsible for a certain change or who objected to what at any given stage of the process. The approved version of an official document was called the 'Completed one(成案), and it was issued after the contents were turned into a fair copy by the office that originated the draft in the first place. With the original finalized version left in custody of that office, the fair copy was handed over to the Document department which was responsible for issuing outgoing documents. After the document was issued and the contained orders were carried out, the originally involved offices began to classify the documents according to their own standards and measures for safekeeping, but it was the Document department that was mainly responsible for document preservation. The Document department classified the documents according to related offices, nature of the documents(편찬류별), and most suitable preservation methods(보존종별). The documents were made into books, and documents to be permanently destroyed were handed over to the Account office where they would be demolished. The manners of document processing of the Chosun Governor General office was in fact a modified version of the manners of the Japanese government. Modifications were made so that the process would be more suitable to the situations and environment of the Chosun society. The office's managing process was inherited by the Chosun government after the Liberation, and cast a significant impact upon the document managing manners of the Korean authorities. The official document administration of the Chosun Governor General office marked both the beginning of the colony document administration, and also the beginning of a modernized document managing system.

Evaluation on Park Planning of Provincial Parks among Korea Natural Parks (자연공원 유형중 도립공원 계획의 평가)

  • Cho, Woo
    • Korean Journal of Environment and Ecology
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    • v.33 no.3
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    • pp.321-332
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    • 2019
  • The purpose of this study is to identify the problems and present the improvement measures by assessing the suitability of planning of provincial natural parks on a legal basis. We assessed the suitability of 29 provincial parks to examine the suitability of park planning (special-purpose district planning and facilities planning) according to the Natural Park Act, implementation of the park projects, and registration of Korea Real estate Administration intelligence System (KRAS) for park management and obtained the following results. In the case of the park nature conservation districts among the special-purpose districts, 24.1 % (7 parks) were not feasible or decided the park facility that was larger than the planned area. The amended law requires the park cultural heritage district as a new special-purpose district, but 41.2% did not designate the district or failed to comply with the standard. Moreover, there was a problem of establishing or announcing the plan that was unsuitable for the management of park village district (former collective facilities district). Although provincial parks are categorized as the restricted area, the park facility plans still focus on regional development and tourism development, and the titles (names) of the park facilities are wrong. The law requires digitalization and disclosure of park plans, but many parks fail to abide by the law. We judge that it is necessary to develop effective provincial park planning and establish the measures to protect and manage the provincial parks.

A Study on the Acquisiton Methods of Theater Collections (연극기록물의 수집방안 연구)

  • Jung, Eun Jin
    • The Korean Journal of Archival Studies
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    • no.29
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    • pp.35-78
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    • 2011
  • This study is intended to recommend for acquisition methods of the theatre collection. Theatre activities is representative of the performing arts, and the Korea theatre history start from the modern history of Korea. In the meantime, theatre collections has already been lost by a lack of effort and management, and scattered most of the collections. In particular, a one-off nature and volatility of theatrical performances make future generations to enjoy the performances and to study should consult the relevant records. Therefore, collecting records can be very serious mission. In this study, theatre collections of the country which aims to collect and analyze the characteristics and type of theatre collections. Based on this information, collection scope, targets, priorities, acquisition level, method of collecting are proposed the following. First, collection scope is defined for the theatre related collections which was performed nationwide in the 1900s, the times that modern theatre was begun. The object includes related information of planning, administration, drama (script), directing, stage design, public relations, production, evaluation, personal records, biographical data, group data and space data. Second, the theatre collections are divided into records and historical records. Priority of collections object is determined by the historical value and the theatre performed by the support of public organization. Third, the acquisition level is divided into archived, mirrored, web linked and database, which is proposed by the determined levels of mandatory, recommend and discretion according to the characteristic of performance. Fourth, acquisition methods are suggested by the general acquisition methods of transfer, donation and purchase as well as the methods of copy, production, legal deposit, entry and web link etc. The acquisition of theatre collections is executed on digital-based environment, and a centralized authority control should be establishmented. And through the development of network with theatre's stakeholders and the cooperation of related organizations, theatre collections acquisition is feasible.

A Study on a Archivist's Objectivity Based on Clifford Geertz's anthropological Approach (아키비스트의 객관성에 대한 재고찰 클리포드 기어츠(Clifford Geertz)의 인류학적 방법론을 통해)

  • Youn, Eunha
    • The Korean Journal of Archival Studies
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    • no.47
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    • pp.131-159
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    • 2016
  • It has been basic value and fundamental philosophy for a long time for archivists to protect neutrality and objectivity in records management. The demands to maintain objectivity of records management is directly related to protect the administrative and legal evidence of records for fulfilling jurisdictional goal, and more fundamentally, it is related with the intrinsic nature of archives. As an archivists' expertise is seems to be derived from ability to give objective-judge on record value, and candor to organize and classify records. Thus, the international Code of Ethics of archivists stipulates that all such obligations directly or indirectly. However, since Hans Booms and Terry Cook emphasized the social responsibility of archivists and highlighted the social power of archives, the discourse of archival objectivity gets to be given more attention to people. This article, following the cultural anthropologist Clifford Geertz' interpretative methodology theory, examine the archival implications to adopt the theory, particularly from the perspective of objectivity and archival otherness.

CYBERCRIME AS A THREAT TO UKRAINE'S NATIONAL SECURITY

  • Varenia, Nataliia;Avdoshyn, Ihor;Strelbytska, Lilia;Strelbytskyy, Mykola;Palchyk, Maksym
    • International Journal of Computer Science & Network Security
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    • v.21 no.5
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    • pp.73-83
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    • 2021
  • The information space, the main components of which are information resources, means of information interaction, and information infrastructure, is a sphere of modern social life in which information communications play a leading role. The objective process is the gradual but stable entry of the national information space into the European and world information sphere, in the context of which there is a legitimate question of its protection as one of the components of the national security of Ukraine. However, the implementation of this issue in practice immediately faces the need to respect the rights and fundamental freedoms guaranteed by international regulations and the Constitution of Ukraine, especially in the field of cybersecurity. The peculiarity of the modern economy is related to its informational nature, which affects the sharp increase in cyber incidents in the field of information security, which is widespread and threatening and affects a wide range of private, corporate, and public interests. The problem of forming an effective information security system is exacerbated by the spread of cybercrime as a leading threat to information security both in Ukraine and around the world. The purpose of this study is to analyze the state of cybersecurity and on this basis to identify new areas of the fight against cybercrime in Ukraine. Methods: the study is based on an extensive regulatory framework, which primarily consists of regulatory acts of Ukraine. The main methods were inductions and deductions, generalizations, statistical, comparative, and system-structural analysis, grouping, descriptive statistics, interstate comparisons, and graphical methods. Results. It is noted that a very important component of Ukraine's national security is the concept of "information terrorism", which includes cyberterrorism and media terrorism that will require its introduction into the law. An assessment of the state of cybersecurity in Ukraine is given. Based on the trend analysis, further growth of cybercrimes was predicted, and ABC analysis showed the existence of problems in the field of security of payment systems. Insufficient accounting of cybercrime and the absence in the current legislation of all relevant components of cybersecurity does not allow the definition of a holistic system of counteraction. Therefore, the proposed new legal norms in the field of information security take into account modern research in the field of promising areas of information technology development and the latest algorithms for creating media content.

A Study on anthropology of education of 'character' (인성과 교육의 관계적 의미 고찰: '문질빈빈' 인성 고찰을 통한 교육인류학적 함의 탐색)

  • Shin, Hyun-Seok;Kim, Sang-cheol
    • (The)Korea Educational Review
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    • v.23 no.2
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    • pp.131-155
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    • 2017
  • In this study, I examine what is called character. It is to establish what constitutes a relationship between life, culture, and education. In addition, I try to explore the possibility of anthropology of education as an academic basis for character education by using the way of '문 질빈빈(文質彬彬)'. As a result of the study, 'character' in terms of '문(culturality)' aspect implies the qualities, the nature, the disposition, and the meaning of virtue. A 'character education' can be seen in school education as a moral consideration, considering the social context, such as the ability to live harmoniously. In terms of '질(naturality)', I will look at both the innate aspect of the character and the acquired aspect through the 'character' which is the essence of character. Character is the concept of both parties, and if it is influenced by an external environment, one can seek better ways to improve the chances of improvement through education. Furthermore, the role of education is inevitably required in order to achieve the goal of 'lesser human being' to 'better human being'. Home and school education can have a positive impact on the character. An honest mind about humanity among family members is the right character. The importance of humanity is considered as a value to be recognized and protected in our society because the logic that it protects the family by character and helps to maintain the social order influences to the legal culture tradition of the modern. Therefore, the academic approach through anthropology of education has sufficient value of trial study for exploring the relationship between character, education, and culture for teachers and learners, and is appropriate for providing an academic foundation.

A Study on the Improvement of Legislation on Management of Compound Coastal Disasters (해안가 복합재해 관리를 위한 법률 현황 및 개선방향)

  • Jang, Ahreum;Kim, Sunhwa;Lee, Moonsuk
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.26 no.7
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    • pp.845-857
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    • 2020
  • Compound coastal disasters are a type of natural disaster featuring both internal and external flooding due to rises in sea-level, torrential rains, typhoons, and tsunamis. The, incidence and scale of damage from such disasters is increasing. This aim of this study was to review the current laws and systems managing the phenomenon of the coastal complex disaster, and to derive recommendations for improvements to manage and prevent them. In this study, the Framework Act on the Management of Disasters and Safety, the Countermeasures against Natural Disasters Act, the National Land Planning and Utilization Act, the Coast Management Act, the River Act, and the Sewerage Act were reviewed, with focus on the district-zoning system designated by ministries for the management of natural disasters along the coast. Through a comparison of the purpose and nature of the laws, spatial scope, and management resources, it was judged that it would be desirable to comprehensively manage compound coastal disasters based on the Countermeasures Against Natural Disasters Act. In order to overcome the limitations of the current system and to derive specific measures to improve laws and systems, a questionnaire survey on detailed factors was conducted targeting experts in natural disaster management. The results indicated that it is necessary to improve the current system or introduce a new system for the management of coastal complex disasters, with integrated management of land and sea areas through the installation and operation of integrated decision-making governance by related ministries such as MOIS, MOLIT, MOF, and ME.

A Brief Study on the Scope of National Health Insurance Service's Subrogation to the Insured owing to Claim for Damages (국민건강보험공단의 가입자 손해배상채권 대위 범위에 관한 소고: 대법원 2021. 3. 18. 선고 2018다287935판결 중심)

  • Jeon, Byeong-Joo;Han, Hye-Sook;Park, Mi-Sook
    • The Journal of the Korea Contents Association
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    • v.21 no.8
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    • pp.305-314
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    • 2021
  • According to the recent judgment of Supreme Court, in case when the National Health Insurance Service pays the insurance to a victim of torts, and then subrogate the victim's claim for damages, the scope of institution's subrogation should be limited to the amount of the assailant's responsibility rate of the institution charge, and the amount of compensation claimed by the victim to the assailant should be calculated in the method of contributory negligence after deduction. The court has judged that the institution could subrogate the whole amount of institution charge in the limit of assailant's damages, and the method of deduction after contributory negligence should be applied when calculating the assailant's damages to the victim. Supreme Court decision is greatly significant in the aspect of harmonizing the nature of health insurance as property right and social insurance as the beneficiaries could get additional supplement, and also seeking the balance between insurer and beneficiary. With the changed legal principles of Supreme Court in the scope of institution subrogation like this, the necessities to complement the litigation relation, legislation, and institution were suggested.

Korean Traditional "SIMMEMANI (Wild Ginseng Expert Digger)" Culture (한국 전통 심메마니 문화에 대하여)

  • Koh, Seungtae
    • Journal of Ginseng Culture
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    • v.4
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    • pp.59-102
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    • 2022
  • Since there were only few countries that could find wild ginseng grown in nature, the culture of digging wild ginseng was only developed in a small number of countries. In a time when the orthodox head-Simmemani has disappeared, the tangible and intangible culture of Simmemani (wild ginseng digger) is disappearing more and more with the passage of time. So far, the conducted research on wild ginseng diggers was very partial and simplistic as follows: ① Research on the argot of Simmemani, ② Research on the customs of Simmemani, ③ Research on the change of customs of Simmemani, ④ Additional records through interview with Simmemani. Accordingly, no comprehensive study on the Simmemani culture has been done yet. This study supplements the historical materials that were not reflected in previous studies, and discuss on diverse subjects including the definition and classification of wild ginseng, the distribution of wild ginseng and Simmemani, interpretation of wild ginseng digging from a legal and social point of view, the organization responsible for the digging, determination of the date of entering the mountain, preparations, taboos, departure and entry into a mountain, religious events, psalmbook, dream interpretation, search and discovery of wild ginseng, digging, profit sharing, the amount of harvested wild ginseng, and the price of wild ginseng. In addition, Korean wild ginseng digging culture was comprehensively studied by attaching the photos and illustrations of historical documents with the psalmbook of the head-Simmemani.

Animal Welfare from the Perspective of the Grievance-Resolution of Animals (동물해원 관점에서의 동물복지)

  • Kim, Jin-young;Lee, Young-jun
    • Journal of the Daesoon Academy of Sciences
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    • v.37
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    • pp.229-262
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    • 2021
  • The debate on the treatment of animals has accelerated as a social issue in the West since the 1970s. In 1975, Peter Singers argued in his book, Animal Liberation, that speciesism should be banned. This led to an explosion in research on animal welfare in the philosophical and social sciences. Following Singer, Tom Regan suggested considering the animal rights as being on the same level as human rights. Their arguments were that animals should be imbued with some intrinsic weight sufficient enough to remind humans of their social responsibility to animals at least to a certain degree. In this regard, social responsibility for animal welfare as well as animal rights has formed an axis that organizes human morality in modern society. Such arguments regarding animal welfare can be perceived as an active and creative effort which accords with the free will of human beings who in Daesoon Thought are understood as facing the era of human nobility. This argumentation also aligns with the doctrine of grievance-resolution for mutual beneficence as a practical creed due to the way in which modern bioethics implies that animal welfare could become a practical communal morality integrated into legal systems prior to adoption as a system of individual morality. From within this context, this study discusses the nature and limits of modern animal welfare and animal rights from the perspective of the grievance-resolution which Kang Jeungsan promised to animals.