• Cross-Cultural Studies
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• v.41
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• pp.33-56
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• 2015

Trauma studies have provided useful models for dealing with the catastrophic and disastrous events that an individual and collective group experience. Most important of all, the perspective of post-structuralist trauma study, including Cathy Caruth, became a paradigmatic model and it has been applied to almost all contexts of life. The perspective of this study model, which is called an "event-based model of trauma," focuses on the literal registration of the traumatic event and the accurate and immediate recall of the past. The person directly involved in the event becomes the passive bearer transmitting the truth of a traumatic event. From this perspective, the traumatic subject only undergoes and endures the event and cannot play an active role in constructing trauma and dealing with it. Eventually, the truth of trauma has to be obtained at the cost of the traumatic subject's autonomy and the possibility of his/her agency. The problem here is that the truth, which is reencountered through the literal return of the past, obtained at the cost of the subject's autonomy, strikes a rather fatal blow to the person, than gives help for resolving many of matters surrounding traumatic experience and curing trauma. This suggests that the active way of dealing with trauma on the part of the traumatic subject, rather than the traumatic event itself, is demanded. Furthermore, because more recently, images of disastrous events were viewed "live" by audiences and an immediacy to the event is replicated in public discourse about them, the event becomes more immediately traumatic and there is a more strong presumption that people regard themselves as traumatic victims than before. This is the reason that we must explore an active way dealing with trauma on more human position at this time. This essay aims to examine the limits of the paradigmatic model of trauma study, an "event-based model of trauma," critically through a literary, theoretical text in which it reveals how the literal return of the traumatic past have a fatal effect on the victim; and hopes to suggest "the narrative memory" as a way to deal with trauma from a more humanistic perspective.

• Journal of Popular Narrative
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• v.25 no.3
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• pp.349-383
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• 2019

This paper examined the meaning and task of romance research with a focus on Reading the Romance(1984) by Janice A. Radway. This book, which analyzes romance texts by examining the situation and meaning of reading romance by women readers integrating between cultural studies and literary studies, is one of the most popular studies on the romance genre. Radway scrutinized the practical significance of reading romance in a community of women readers. Through a study involving questionnaires and in-depth interviews, she found that for women, romance reading is a 'compensatory fiction' that brings happiness and emotional redemption through a sense of liberation achieved by escaping from patriarchal daily life. The romance that women prefer is composed of 4 stages and 13 divisions: 'Encounter → Attest → Recovery → Happy End'. It also maintains a formula that begins with an immature female character's identity crisis and ends with a blissful union that recognizes the intrinsic value of the main character, who has turned into a man who is considerate of the women. Therefore, romance plays the role of pursuit of the 'female utopian fantasy' and at the same time a reconciliation of women to patriarchy. Feminist critics of the day criticized this argument. However, reading romance is a 'feminine reading', and romance is literature about the functional relationship between women's lives and patriarchy. Yet the interpretation could differ depending on the different viewpoints and definitions of the women's utopian fantasy. In recent years, the conditions of female reader's lives, awareness and imagination have been changing rapidly. As a result, the female utopian fantasy has also changed significantly. Nevertheless, women's lives in the real patriarchal system are still contradictory, and their adventurous imagination is spreading in alternative spaces such as the subculture. In this regard, the question is about the definition of romance and the meanings of romance research are still important task.

• Journal of Arbitration Studies
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• v.16 no.1
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• pp.343-373
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• 2006

지적재산권의 속지주의 원칙에 따라 전통적으로 지적재산권의 침해에 있어서 결과의 발생이 없는 행위지를 침해지로 인정하지 않았다. 어문과 예술작품을 보호하기 위해 1886년 체결된 베른협약(Berne Convention for the Protection of Literary and Artistic Works) 제5조 제1항은 저작자가 베른협약에 따라 보호되는 저작물에 관하여 본국 이외의 동맹국에서 각 법률이 현재 또는 장래에 자국민에게 부여하는 권리 및 이 협약이 특별히 부여하는 권리를 향유한다고 규정하여 내국민대우원칙을 천명하고 있다. 또한 베른협약 제5조 제2항은 저작권의 보호와 향유는 저작물의 본국에서 보호가 존재하는 여부와 관계가 없이, 보호의 범위와 저작자의 권리를 보호하기 위하여 주어지는 구제의 방법은 오로지 보호가 주장되는 국가의 법률의 지배를 받는다라고 규정하여 저작권 침해가 발행한 국가의 법률의 적용을 명시하고 있다. 인터넷과 무선통신 기술의 발달은 저작물을 디지탈 형식으로 실시간에 전세계에 배포하는 것을 가능하게 하였다. 특히 저작물의 인터넷상에서의 배포는 다국적 저작권 침해행위를 야기하여, 저작권자가 다수의 국가에서 저작권 침해소송을 제기하여 판결을 집행하는 것이 필요하게 되었다. 헤이그국제사법회의(Hague Conference on Private International Law)에서 1992년부터 논의되어 온 민사 및 상사사건의 국제재판관할과 외국판결에 관한 협약(Convention on Jurisdiction and Foreign Judgment in Civil and Commercial Matters)에서 채택된1999년의 예비초안(preliminary draft) 및 2001년 외교회의에서 수정된 잠정초안(Interim text) (이하 헤이그 협약 )은 저작권자가 저작권침해행위가 발생한 각 국가에서 저작권 침해행위를 금지하는 소송을 제기할 필요없이, 동 협약의 한 가맹국가의 법원의 저작권침해금지판결을 다른 가맹국가에서도 집행할 수 있는 가능성을 제시해 주는데 의미가 있다. 헤이그 협약 제10조는 불법행위(torts)에 관한 일반적인 재판관할에 관한 규정을 두고 있으며, 저작권침해에 관한 분쟁은 동 조항의 적용을 받는다. 제10조에 의해 당사자는 가해행위지 국가의 법원 또는 결과발생지 국가의 법원에서 소송을 제기할 수 있다. 결과발생지의 경우 제10조 1항 (b)는 피고가 자신의 행위가 본국의 법규에 비추어 동일한 성격의 손해를 초래할 수 있다라고 합리적으로 예견할 수 없었던 경우에 본 조항의 적용을 배제하고 있다. 인터넷을 통한 저작권침해의 경우, 피고가 자신의 국가의 법규하에서 합법적으로 저작물을 웹사이트에 게시하였으나, 그 행위가 다운로딩이 행해진 국가에서 불법인 경우, 피고는 저작권침해를 예견할 수 없었으므로 이에 문제가 제기된다. iCrave TV사건에서, 피고인 캐나다회사가 미국 및 캐나다에서 방송되는 텔레비젼 방송 프로그램을 자신의 웹사이트에 게시하여 이용자들로 하여금 컴퓨터를 통하여 방송을 재시청 할 수 있도록 하였는데 이는 캐나다에서 합법인 반면에 미국에서는 저작권 침해에 해당한다. 피고는 방송 프로그램을 인터넷상에서 재방송하는 것은 캐나다법상 합법이므로 저작권침해를 예견할 수 없었다고 주장하면서, 해당 사이트에 오직 캐나다 거주자만의 접속을 허용하고 미국 거주자의 접속을 제한하는 일련의 Click-Wrap 계약과 스크린 장치를 제공하였다고 주장하였다. 본 사건 피고의 주장을 받아들인다고 가정할 때, 제10조 1항(b)에 의해 원고는 결과발생지인 미국법원의 재판관할을 강제할 수 없을 것이다. 지적재산권을 둘러싼 분쟁에 관한 재판관할과 국제법상의 판결의 승인 및 집행의 통일성을 기하기 위하여 2001년 1월 세계지적재산권기구(World Intellectual Property Organization)가 제안한 WIPO 협약초안(Draft Convention on Jurisdiction and Recognition of Judgments in Intellectual Property Matters)은 헤이그 협약이 재판관할과 판결의 승인 및 집행에 대한 일반적인 접근을 하고 있는 점에 반하여 지적재산권자의 보호라는 측면을 고려하여 지적재산권침해소송에 국제재판관할권을 규정하고 있다. WIPO 협약초안 제6조는 저작권자가 저작권 침해를 막기 위한 합리적인 조치를 취한 국가에서 저작권 침해소송을 피할 수 있다고 규정하고 있다. 따라서 본 조항에 의할 경우, iCrave TV사건의 피고는 미국에서의 저작권 침해소송을 회피할 수 있을 것이다. 이상과 같이 헤이그 협약이 외국판결의 승인 및 집행을 가능하게 하고 있음에도 불구하고, 외국법원의 판결이 다수의 가맹국가에서 집행되지 못하는 가장 큰 장애는 대다수의 국가들이 외국법원의 판결이 공서양속(Public Policy)에 반하는 경우 판결을 승인하지 않는 예외규정을 두고 있기 때문이다. 미국의 경우, Uniform Recognition Act와 Restatement(Third) of Foreign Relations에 따른 공서양속의 예외규정(Public Policy exception)은 외국법원의 판결의 승인을 부인하는 근거가 된다. Yahoo! 사건에서 Yahoo! Inc.의 옥션 사이트를 통해 독일 나치 소장물의 판매가 이루어졌는데, 프랑스 형법상 이는 범죄행위에 해당하므로, 프랑스 법원은Yahoo! Inc.에게 프랑스 이용자가 당해 옥션 사이트에 접속할 수 없도록 모든 가능한 조치를 취할 것을 명하였다. 이에 미국 법원은 프랑스 법원의 판결은 Yahoo! Inc.의 미국헌법 제1 수정(First Amendment)의 언론의 자유(freedom of speech)에 반하므로 판결의 집행을 거부하였는데 이는 공서양속의 예외규정을 보여주는 예이다. 헤이그 협약 제28조와 WIPO 협약초안 제25조 또한 공서양속의 예외규정을 두고 있다. 본 논문은 인터넷과 통신기술의 발달로 야기되는 다국적 저작권 침해사건에서 한 국가의 법원의 저작권 침해금지판결이 다수의 국가에서 승인 및 집행될 수 있는 능성을 헤이그 협약과 WIPO 협약초안 및 미국판결을 중심으로 살펴보았다. 국제적으로 통일된 저작권법이 존재하지 않고 외국 판결의 승인을 부인하는 예외조항과 외국판결의 집행에 관한 각국의 이해관계와 준거법의 해석이 다른 현시점에서 지적재산권의 속지주의를 뛰어넘어 외국법원의 판결을 국제적으로 집행하는 것은 다소 어려움이 있어 보이나 국제적인 집행가능성의 열쇠를 제시하는 헤이그 협약과 장래의 국제조약에 그 기대를 걸어볼 수 있겠다.

• Journal of the Korean Institute of Traditional Landscape Architecture
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• v.33 no.4
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• pp.38-51
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• 2015

In the maps of the period, there were three large ponds called Dongji(東池), Seoji(西池) and Namji(南池) in Hanyang, the capital of Joseon Dynasty. They were different than the ponds found in the palace, civic buildings, and private dwellings. Dongji, Seoji and Namji were ponds relating to Fortress wall of Seoul, and all had lotuses cultivated in them. The purpose of this paper is to clarify the locational and spatial characteristics of these ponds and to detail the construction and reconstruction process and management conditions through maps, drawings, illustrations, historical records and literary works from the urban environmental perspective. The results are as follows. First, Seoji and Namji were intended for Bibo(裨補) which redeemed the geographical weaknesses of Hanyang, securement of bright court water(明堂水), supplement for fire energy(火氣), fire preventive water and waterscape facilities, while Dongji was emphasized on protecting water mouth(水口) besides Bibo and securement of bright court water. Second, Seoji was connected to mountain streams and Dongji and Namji were to ditches. The ponds connected to ditches had been difficult to fill and maintain. Third, Seoji and Namji were in urban areas, whereas Dongji was in farmlands, and these locational differences had an influence on the use of ponds. Fourth, the shapes of ponds, in contrast to the ponds in palace and civic buildings, which were perfectly square, were either freeform or square with rounded edges. Fifth, lotus ponds could be maintained by continuous management polices, earth filling and reconstructing process were repeated during the Joseon Dynasty. The lotus ponds of Fortress Wall of Seoul which had managed over 500 years, were built in, in accordance with the tenets of Bibo pungsu geomancy; however as time passed, they were maintained not only as public open spaces, but also a cultural attraction for residents and visitors.

• Cartoon and Animation Studies
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• s.29
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• pp.243-266
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• 2012

As contest exhibits have been activated, a variety of organizations are holding contest with various purposes. Analysis on the guidelines prepared by various sponsoring bodies ranging from public organizations to privately owned businesses shows that sponsoring bodies tend to possess copyrights of entries. Parts of guidelines of contest exhibit are the contract. While sponsoring body shows its opinion on copyright through guidelines, individual participant tends to consider it simply as a form to submit for contest exhibit rather than a contract. Now is the time to bring out a question in respect of the copyright on the contest exhibit. The important fact is that copyright on corporate contents is important, but copyright on individual contents is equally important and it must be protected and respected. This study aims to bring out a question on copyright by analyzing possession and infringement of copyright that stands forth in the guidelines of contest exhibit. Provisions on copyright of contest exhibit play a role as a contract. Provisions on copyright of contest exhibit shall be the ones which can be understood and accepted by both sponsoring body and winner who are the A and B of a contract. For this, change in perception of sponsoring bodies ranging from public organizations to privately owned businesses with prominent position is strongly required. For the foregoing, First, Indication of Copyright: Clear and concrete terms must be used. Second, Scope of Interpretation: Concrete and detailed indication must be made for preventing indication that allows comprehensive interpretation. Third, Cost for Author's Property Right: In case sponsoring body needs to possess or use the author's property right of prize-winning work, proper rights on use considering prize money corresponding to possession or use of author's property right must be indicated. Fourth, Term of Use: The term for using author's property right must be indicated. Fifth, Scope of Rights: The scope of author's property right that sponsoring body requires must be limited and indicated. Sixth, Mutual Respect: Items related to copyright must be indicated on the basis of the concept of bilateral contract founded on mutual consideration and respect, not on the concept of unilateral contract.

• Cartoon and Animation Studies
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• s.39
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• pp.451-472
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• 2015

Lian Huan Hua(連環畵) has occurred in the history of China Cartoon was initially developed as a unique literary style of Chinese painting and narrative combined. Also Lian Huan Hua are also tend to form once the fusion 1920s was also a very creative fashion cartoon style. This is also referred to as chain cartoon. In 1950-1960, China 's Lian Huan Hua also mature a 'golden age' legal group reaches to indicate the unique formal features developed independently. This work is a dramatic expression of Lian Huan Hua narrative, shows a more realistic representation techniques and art forms such as portraiture is a very big breakthrough was achieved artistic maturity of the work increased significantly. by He You Zhi(賀友直) and by Hau San Chuan(華三川) is a masterpiece of artistry and maturity in the period leading side. Chapter 2 looked at the origin and development of Chinese Lian Huan Hua, it was seen by the fact that China achieved new progress in Lian Huan Hua upset every time the combination of content and form, In addition, the work of 1950-1960 in the development process of China's Lian Huan Hua confirmed the fact that they won the biggest achievement in artistry and maturity surface. Therefore, Chapter 3 how 'golden age' masterpiece of and the dramatic narrative of expression by analyzing a specific angle in the multifaceted image of the , realistic portraiture, such as the acquisition of Chinese concrete artistry Lian Huan Hua I want to show. Analysis of the figures depicting nature, landscape screens. consisted of highlights and background and techniques of utilization, production methods. The purpose of this research work is to identify two conditions of great Lian Huan Hua through analysis of concrete work and painting techniques such as framing and directing the Lian Huan Hua's artistic achievements is to investigate the influence of China in the early comics. These two works are focused on a realistic view of life and put out was to create a more effective representation of information it attempts to pass a new production techniques and will have the significance. Also completed was a new style absorbed throughout the aesthetic advantages are compelling own personality writers of Eastern and Western paintings are remarkable in that its performance. But the difference in the two works represent all types and painting techniques has a the mood of common China's lives.

• Cross-Cultural Studies
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• v.43
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• pp.429-457
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• 2016

This article is an analysis of the status of the modern Korean novels translated into Chinese over the past five years and how they are perceived by readers. Translation of modern Korean novels over the past five years has a few important characteristics as the following. The first characteristic is diversity. Books written by the most representative modern Korean writers, like Lee Gwang-soo, Kim Yu-jung, Kim Dong-ri, and books of the authors with very unique ideas, such as Park Kyung-ri, Lee Mun-yeol, Shin Kyung-suk, Gong Ji-young, Kim Young-ha, Park Min-kyu, Cheon Myung-gwan, and Kim Ae-ran have been translated and introduced to the Chinese population. Secondly, there are active translation of the books written by female writers. Lastly, without the support of the Literature Translation Institute of Korea or the Daesan Foundation, the number of works translated and published is slowly increasing. As a result of the increasing number of translations, the quality of translation is improving. However, interest on the part of Chinese readers in the modern Korean novel is not very high. But, the works of authors like Kim Young-ha, Cheon Myung-gwan, Kim Ae-ran, and Park Min-kyu, who began their literary careers after the mid-90s, are drawing relatively more attention. The common features of such works are the novelty of the narrative methods, attachment to reality, and readability. The interest shown by Chinese readers is significant in explaining the two following factors. First, it is true that many modern Korean novels are available in China, but only those that have been read will continue to be read. Second, the indifference of Chinese readers to modern Korean novels is because they are not yet aware of the existence of such works. It is important to train professional translators who can properly translate literature and also to focus on introducing the differences in modern Korean novels through canonical translation. To achieve this aim, not only supportive policies, but also cooperation between researchers in the field of modern Korean literature, translators, and publishers is essential.

• Cross-Cultural Studies
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• v.50
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• pp.31-51
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• 2018

The concept of 'monsters' have become popular, again, in recent times. A number of 'monster narratives' that discuss monsters such as zombies, humanoids, viruses, extraterrestrials, and serial killers have been made and re-made in popular media. Noting such an interesting cultural context, this article attempts, first, to find out some essential prototypical elements of a monster narrative and, second, to relate it with a catastrophic narrative. Correspondingly, the word 'monster' has been used as a conceptual prototype category that denies universal and clear definition, which makes it as one of the most widely used and familiar subjects of the use of metaphor. The prototypical meanings of various monster figures can be converged on a certain creature of being in this way held out as bizarre, curious, and abnormal. The monster figure that surpasses existing normality is also connected to 'abjection,' such as something that is cast aside from the body such as the bodily functions seen in its associated blood, tears, vomit, excrement, or semen, and so on. Nevertheless, both the monster figure and abjection produce disgust and horror in the minds of ordinary spectators or readers of media using this metaphor to heighten excitement for the viewers. The abject characteristic of the monster figure also has something in common with the posthuman figure, meaning to apply to a category of inhuman others who are held outside of the normal category of human beings. In the similar vein, it is natural that the most typical monster figures in our times are posthuman creatures embodied in such forms as seen with zombies, humanoids, cyborgs, robots, and so on. In short, the monster figure includes all of the creatures and beings that disarray normalized humanist categories and values. The monster narrative, in the same sense, is a type of story that tells about others outside modern, anthropocentric, male-centered, and Westernized categories of thought. It can be argued that a catastrophic narrative, a literary genre which depicts the world where a series of catastrophic events demolish the existing human civilization, ought to be seen as a typical modern-day monster narrative, because it also discounts and criticizes normalized humanist categories and values as is the result of the monster narrative. Going beyond the prevailing humanist realist narrative that are so familiar with existing values, the catastrophic narrative is not only a monster narrative per se, but also a monstrous narrative which disrupts and reinvents currently mainstream narratives and ways of thinking.

• Cross-Cultural Studies
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• v.50
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• pp.371-394
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• 2018

La estrella de Sevilla, is a representative masterpiece of the Golden Age of Spain, and is a tragic work of Lope de Vega, who was a representative drama writer living in the 17th century. However, regardless of its great literary value, there are insufficient researches on this drama even in Spain, due to several controversies surrounding the truth about Lope's creation. Here, this research concretely investigated the tragic characteristic of this drama, by largely dividing it into the viewpoint of Aristotle and Shakespeare. Thanks to the noble social status of the characters and proper dialogue of the hero Sancho Ortiz in trouble, there seems to be no problem in performing the cathartic function that Aristotle mentioned regarding the work in his review. However, there are a few problems in the aspect of the 'hero's free will to resist the absolute fate,' which is fundamentally the essence of the associated Aristotelian tragedy. Because, there's no Hamartia in this drama, the core mechanism that forms the absolute fate, makes the statement that accordingly, no absolute fate or irresistible force of destiny is established. Rather, the tragic characteristic of this drama can be more properly investigated from the viewpoint of Shakespeare. As noted differently from Aristotle, Shakespeare considered that the tragic characteristic came from the hero's characteristic. According to him, tragedy starts from the hero's value view and personality, instead of the external factors such as an absolute fate. Actually, Busto's death and separation between Sancho Ortiz and Estrella, two tragic affairs of La estrella de Sevilla, were caused by the crooked selfishness of King Sancho IV, who abused his authority, and Sancho Ortiz' excessively blind loyalty to the King, rather than the irresistible event. In conclusion, in light of a lethargic and hopeless situation, with no eventual choice of options before the injustice of absolute power, is must have been a significant tragedy for the audience, witnessing the play's tragic ending.

• Cross-Cultural Studies
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• v.44
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• pp.147-189
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• 2016

This study attempted to investigate the issue how stepmother's narrative was transferred to . For this agenda, the approach of this paper is described below to determine how Bbaengdeok's stepmother narrative was transferred episodically to . First, this paper started from the relation between stepmother narrative and affiliated with each root folk tale in Buddhist text. Among known as root folk tale until now, this paper investigated whether was the root folk tale affiliated to Buddhist literature. At that point, stepmother narrative showed relation with opening eyes motive. It has been reported that the text of opening eyes in Buddhist literature is originated from the south. This paper confirmed that 's stepmother narrative was related to Buddhist literature originated from south. Next, this paper investigated the background of opening eyes motive of stepmother types. After entering Gyeongpan , it formed Bbaengdeok narrative of Wanpan related to Literary geography of Jeollado enjoying space of Wanpan . There are two evidences for this. The first one is which was passed down around Jeollado. In the course of sudden Buddhist folklore's flow into the country, it is that combined stepmother narrative of sudden Buddhist literature with the characteristics of northern Buddhist literature which was reconstructed into son's filial behavior of northern Buddhist literature to make father's blinded eyes open. The other is the Buddhist trend of the late 18th Chosun when northern Buddhist literature and sudden Buddhist literature were combined. It appeared that stepmother narrative was formed in the Buddhist background of the late 18th Chosun when northern Buddhist literature and sudden Buddhist literature were combined.