• Title/Summary/Keyword: Legal Nature

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Problems with the Application of the Concept of "Original Form" to Natural Heritage (자연문화재에 있어 원형개념 적용의 문제점)

  • Lee, Won Ho
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.166-177
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    • 2016
  • This essay explores the problems with applying the concept of "original form" to natural heritage when it is based on originality and diachronic, historical period. It also suggests an alternative perception that the concept of "original form" can be considered based upon "integrity". First, the conceptual framework for applying the concept of "original form" falls into three types: one that centers on the time point at which heritage originated; another that respects the diachronic characteristics of the concept of "original form"; and the last that bases original form on a particular time after the heritage originated. Second, the national policy for the conservation of natural monuments and scenic sites stayed at the level of consulting the Decree on the Preservation of Treasures, Historical Remains, Scenic Sites, and Natural Monuments of Joseon, under Japanese colonial rule. And after the legal framework was established through enacting and proclaiming of the Cultural Heritage Protection Act in 1962, 564 cases have been designated as natural monuments. Third, the natural conservation movement, the first national policy for natural heritage, was initiated from the heritage field, but the Environment Ministry subsumed all nature-related policies and ever since the heritage agency (Cultural Heritage Administration) has implemented only heritage policies regarding "cultural" heritage. The present state of the coexisting policies about the natural heritage by the Environment Ministry and the Cultural Heritage Administration resulted in leading the public confused about official terms and main policy agency of natural heritage. Fourth, the difficulty of applying the concept of "original form" to natural heritage stems from the fact that natural heritage is inherently distinct from cultural heritage, which is placed at the center of the heritage policies implemented by the heritage agency. In addition, natural heritage, similarly distinct from the overall natural environment, has evolved in a way that incorporates human culture and thus diversely includes characteristics of originality, diachrony, and historical period. Under these circumstances, an incorporative, professional approach is required rather than independent approaches for each type of natural heritage. In conclusion, this essay suggests that issues related to the restoration of original conditions of natural heritage should be resolved through the application of the "integrity" concept by restoring "the characteristics of an object or a place that imbue it with meaning and value," with consideration given to efforts for alleviating logical contradictions within the concept of "original form" through the preparation of standards and guidelines for the restoration of original condition.

The Application of the Principle of "Preserving the Original Form" to Intangible Heritage and Its Meaning (무형문화재 '원형규범'의 이행과 의미 고찰)

  • Lee, Jae Phil
    • Korean Journal of Heritage: History & Science
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    • v.49 no.1
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    • pp.146-165
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    • 2016
  • With the introduction of the system of recognizing masters of craft and performance skills in 1970, the principle of "preserving the original form," which was already in general use, was adopted as a legal principle in the Cultural Heritage Protection Act. While the concept "original form" can be related to tangible elements of heritage through the Act, the intangibility of craft and performance skills does not allow their pinpointing at a particular temporal period or the identification of a particular master from the past as the basis of an original form. Therefore, those craft or performance skills that are available at the point of recognition of relevant masters must serve as the basis of the original form for the intangible heritage concerned. This means that the principle of preserving the original form of intangible heritage has been implemented not based on a fundamental form of materiality, but rather on the craft or performance skills that may be held by a master at the time of his/her recognition as a "temporary original form." This principle has been observed through intangible heritage transmission and education policies for recognized masters and their trainees, contributing to establish an elitist transmission environment in which public were denied to join the education on intangible heritage. Even with policies guided by the principle of preserving the original form, designated craft and performance skills have been transformed contingent upon given social and environmental conditions, thus hindering the preservation of the original form. Despite the intrinsic limitations of the principle of preserving the original form when applied to intangible heritage, this principle has served as a practical guideline for protecting traditional Korean culture from external influences such as modernization and Westernization, and also as an ultimate goal for the safeguarding of intangible heritage, engendering actual policy effects. The Act on the Safeguarding and Promotion of Intangible Cultural Heritage that comes into effect in March 2016 takes the constantly evolving nature of intangible heritage into consideration and resultantly adopts a concept of "essential form" (jeonhyeong) in place of "original form" (wonhyeong). This new concept allows for any transformations that may take place in the environment surrounding the intangible heritage concerned, and is intended to mitigate the rigidity of the concept of "original form." However, it should be noted that "essential form," which is manifested as the unique significance, knowledge, and skills delivered by the intangible heritage concerned, should be maintained according to the guidelines and principles related to heritage conservation. Therefore, the new concept can be understood not as a rupture, but more as a continuum of the concept of "original form."

A Case Study on Service Philosophy : Assetization on Wisdom of the Founding President of the Republic of Korea (서비스철학 사례 연구: 대한민국 건국대통령 지혜의 자산화)

  • Hyunsoo Kim
    • Journal of Service Research and Studies
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    • v.12 no.2
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    • pp.1-22
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    • 2022
  • This study was conducted based on the service philosophy as a study to capitalize on the wisdom of Korea and Koreans. This is a study that capitalizes on the wisdom of the founding president who led civilization changes in Korea. Wisdom as a visionary leader who played a leading role in Korea's development from a continental civilization to a maritime civilization was derived. We analyzed the wisdom of the founding president, who established the Republic of Korea with a new identity as a liberal democracy and protected it, and laid the foundation for Korea to leap into an advanced country through legal system reform and human resource development. First, we analyzed the essence of politics and presented the essential tragic nature that visionary leaders must bear as politicians. We also analyzes his courage and belief to accept a tragic fate, the insights on the spirit of independence, anti-communism, liberal democracy and the future. We analyze the wisdom as a visionary leader that is consistently revealed through countless choices and decisions to give up. It suggests that such wisdom is essential for the founding and development of a nation, and the wisdom need to be assetized. It needs a solid philosophical foundation to become a useful wisdom asset in the long run. In this study, Syngman Rhee's wisdom was assetized on the basis of the service philosophy. This is because it is wisdom based on the fiercely symmetrical balance principle. Human resource development was a choice that entailed great sacrifice, the market economy was a choice that entailed great sacrifice, and the protection of liberal democracy was also a choice that entailed great sacrifice, so it can be said that it is wisdom that fits the essence of the service philosophy. It is wisdom found only in outstanding visionary leaders. We present the wisdom of building a free democratic country, the wisdom of building a free market economy, and the wisdom of building a talent-oriented nation as assets in terms of national management philosophy, national management owner, time frame, and strategic asset. It also suggests that visionary leaders are continuously required for the long-term sustainable development of mankind and Korean society.

Innovative approaches to the health problems of rural Korea (한국농촌보건(韓國農村保健)의 문제점(問題點)과 개선방안(改善方案))

  • Loh, In-Kyu
    • Journal of agricultural medicine and community health
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    • v.1 no.1
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    • pp.5-9
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    • 1976
  • The categories of national health problems may be mainly divided into health promotion, problems of diseases, and population-economic problems which are indirectly related to health. Of them, the problems of diseases will be exclusively dealt with this speech. Rurality and Disease Problems There are many differences between rural and urban areas. In general, indicators of rurality are small size of towns, dispersion of the population, remoteness from urban centers, inadequacy of public transportation, poor communication, inadequate sanitation, poor housing, poverty, little education lack of health personnels and facilities, and in-accessibility to health services. The influence of such conditions creates, directly or indirectly, many problems of diseases in the rural areas. Those art the occurrence of preventable diseases, deterioration and prolongation of illness due to loss of chance to get early treatment, decreased or prolonged labour force loss, unnecessary death, doubling of medical cost, and economic loss. Some Considerations of Innovative Approach The followings art some considerations of innovative approaches to the problems of diseases in the rural Korea. 1. It would be essential goal of the innovative approaches that the damage and economic loss due to diseases will be maintained to minimum level by minimizing the absolute amount of the diseases, and by moderating the fee for medical cares. The goal of the minimization of the disease amount may be achieved by preventive services and early treatment, and the goal of moderating the medical fee may be achieved by lowering the prime cost and by adjusting the medical fees to reasonable level. 2. Community health service or community medicine will be adopted as a innovative means to disease problems. In this case, a community is defined as an unit area where supply and utilization of primary service activities can be accomplished within a day. The essential nature o the community health service should be such activities as health promotion, preventive measures, medical care, and rehabilitation performing efficiently through the organized efforts of the residents in a community. Each service activity should cover all members of the residents in a community in its plan and performance. The cooperation of the community peoples in one of the essential elements for success of the service program, The motivations of their cooperative mood may be activated through several ways: when the participation of the residents in service program of especially the direct participation of organized cooperation of the area leaders art achieved through a means of health education: when the residents get actual experience of having received the benefit of good quality services; and when the health personnels being armed with an idealism that they art working in the areas to help health problems of the residents, maintain good human relationships with them. For the success of a community health service program, a personnel who is in charge of leadership and has an able, a sincere and a steady characters seems to be required in a community. The government should lead and support the community health service programs of the nation under the basis of results appeared in the demonstrative programs so as to be carried out the programs efficiently. Moss of the health problems may be treated properly in the community levels through suitable community health service programs but there might be some problems which art beyond their abilities to be dealt with. To solve such problems each community health service program should be under the referral systems which are connected with health centers, hospitals, and so forth. 3. An approach should be intensively groped to have a physician in each community. The shortage of physicians in rural areas is world-wide problem and so is the Korean situation. In the past the government has initiated a system of area-limited physician, coercion, and a small scale of scholarship program with unsatisfactory results. But there might be ways of achieving the goal by intervice, broadened, and continuous approaches. There will be several ways of approach to motivate the physicians to be settled in a rural community. They are, for examples, to expos the students to the community health service programs during training, to be run community health service programs by every health or medical schools and other main medical facilities, communication activities and advertisement, desire of community peoples to invite a physician, scholarship program, payment of satisfactory level, fulfilment of military obligation in case of a future draft, economic growth and development of rural communities, sufficiency of health and medical facilities, provision of proper medical care system, coercion, and so forth. And, hopefully, more useful reference data on the motivations may be available when a survey be conducted to the physicians who are presently engaging in the rural community levels. 4. In communities where the availability of a physician is difficult, a trial to use physician extenders, under certain conditions, may be considered. The reason is that it would be beneficial for the health of the residents to give them the remedies of primary medical care through the extenders rather than to leave their medical problems out of management. The followings are the conditions to be considered when the physician extenders are used: their positions will be prescribed as a temporary one instead of permanent one so as to allow easy replacement of the position with a physician applicant; the extender will be under periodic direction and supervision of a physician, and also referral channel will be provided: legal constraints will be placed upon the extenders primary care practice, and the physician extenders will used only under the public medical care system. 5. For the balanced health care delivery, a greater investment to the rural areas is needed to compensate weak points of a rurality. The characteristics of a rurality has been already mentioned. The objective of balanced service for rural communities to level up that of urban areas will be hard to achieve without greater efforts and supports. For example, rural communities need mobile powers more than urban areas, communication network is extremely necessary at health delivery facilities in rural areas as well as the need of urban areas, health and medical facilities in rural areas should be provided more substantially than those of urban areas to minimize, in a sense, the amount of patient consultation and request of laboratory specimens through referral system of which procedures are more troublesome in rural areas, and more intensive control measures against communicable diseases are needed in rural areas where greater numbers of cases are occurred under the poor sanitary conditions.

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Professional Speciality of Communication Administration and, Occupational Group and Series Classes of Position in National Public Official Law -for Efficiency of Telecommunication Management- (통신행정의 전문성과 공무원법상 직군렬 - 전기통신의 관리들 중심으로-)

  • 조정현
    • The Journal of Korean Institute of Communications and Information Sciences
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    • v.3 no.1
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    • pp.26-27
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    • 1978
  • It can be expected that intelligence and knowledge will be the core of the post-industrial society in a near future. Accordingly, the age of intelligence shall be accelerated extensively to find ourselves in an age of 'Communication' service enterprise. The communication actions will increase its efficiency and multiply its utility, indebted to its scientic principles and legal idea. The two basic elements of communication action, that is, communication station and communication men are considered to perform their function when they are properly supported and managed by the government administration. Since the communication action itself is composed of various factors, the elements such as communication stations and officials must be cultivated and managed by specialist or experts with continuous and extensive study practices concerned. With the above mind, this study reviewed our public service officials law with a view to improve it by providing some suggestions for communication experts and researchers to find suitable positions in the framework of government administration. In this study, I would like to suggest 'Occupational Group of Communication' that is consisted of a series of comm, management positions and research positions in parallel to the existing series of comm, technical position. The communication specialist or expert is required to be qualified with necessary scientific knowledge and techniques of communication, as well as prerequisites as government service officials. Communication experts must succeed in the first hand to obtain government licence concerned in with the government law and regulation, and international custom before they can be appointed to the official positions. This system of licence-prior-to-appointment is principally applied in the communication management position. And communication research positions are for those who shall engage themselves to the work of study and research in the field of both management and technical nature. It is hopefully expected that efficient and extensive management of communication activities, as well as scientific and continuous study over than communication enterprise will be upgraded at national dimensions.

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