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Compensation for flight delay and Regulation (EC) No. 261/2004 - Based on recent cases in Royal Courts of Justice - (항공기 연착과 Regulation (EC) No. 261/2004의 적용기준 - 영국 Royal Courts of Justice의 Emirates 사건을 중심으로 -)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.2
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    • pp.3-31
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    • 2017
  • On 12 October 2017, the English Royal Courts of Justice delivered its decision about air carrier's compensation liability for the flight delay. In the cases the passengers suffered delays at a connecting point and, consequently, on arrival at their final destination. They claimed compensation under Regulation 261/2004 (the "Regulation"), as applied by the Court of Justice of the European Union (the "CJEU") in Sturgeon v. Condor [2009]. The principal issues were whether delays suffered by the passengers during the second leg of their respective journeys were compensable under the Regulation, whether there was jurisdiction under the Regulation and whether the right to compensation under the Regulation is, insofar as non-Community air carriers are concerned, excluded by virtue of the exclusive liability regime established under the Montreal Convention 1999. The passengers, the plaintiff, argued that the relevant delay was not that on flight 1 but that suffered at the "final destination". They maintained that there was no exercise by the EU of extraterritorial jurisdiction as the delay on flight 2 was merely relevant to the calculation of the amount of compensation due under the Regulation. The air carrier, the defendant, however argued that the only relevant flights for the purpose of calculating any delay were the first flights (flights 1) out of EU airspace, as only these flights fell within the scope of the Regulation; the connecting flights (flights 2) were not relevant since they were performed entirely outside of the EU by a non-Community carrier. Regarding the issue of what counts as a delay under the Regulation, the CJEU held previously on another precedents that the operating carrier's liability to pay compensation depends on the passenger's delay in arriving at the "final destination". It held that where the air carrier provides a passenger with more than one directly connecting flight to enable him to arrive at their destination, the flights should be taken together for the purpose of assessing whether there has been three hours' or more delay on arrival; and that in case of directly connecting flights, the final destination is the place at which the passenger is scheduled to arrive at the end of the last component flight. In addition, the Court confirmed that the Regulation applied to flights operated by non-Community carriers out of EU airspace even if flight 1 or flight 2 lands outside the EU, since the Regulation does not require that a flight must land in the EU. Accordingly, the passengers' appeal from the lower Court was allowed, while that of air carrier was dismissed. The Court has come down firmly on the side of the passengers in this legal debate. However, this result is not a great surprise considering the recent trends of EU member states' court decisions in the fields of air transport and consumer protection. The main goal of this article is to review the Court's decision and to search historical trend of air consumer protection especially in EU area.

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The Study on the Family Functionality and Spousal Relationship of Middle-aged Women to Develop Health Promoting Program (중년여성의 건강증진 프로그램 개발을 위한 기초연구 -가족기능과 부부관계를 중심으로-)

  • Yang, Kyung-Hee;Kim, Young-Hee
    • Research in Community and Public Health Nursing
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    • v.12 no.3
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    • pp.680-695
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    • 2001
  • The purpose of this study was to provide basic data for developing nursing intervention for middle-aged women. This study identified health status, family functionality and spousal relationship and analyzed relationship between individual characteristics and family functionality/ spousal relationship. The subjects, of this study were 1.723 women from 45 to 55 years of age, who lived in J city. Data were analyzed using percentages, means, t-tests, ANOVA and Pearson's correlation coefficients with the SPSS statistical program. The results of the study were as follow: 1. The rate of women who perceived themselves to be healthy was 36.6%, those who did not was 30.8%. The most frequent health problem was a disease of the skeletal system (13.2%). 2. The mean score of family functionality was $3.25{\pm}.60$, with cohesion score of $3.58{\pm}.66$ and adaptability score of $2.99{\pm}.63$. 3. The mean score of total spousal relationship was $3.22{\pm}.42$; the relationship with in-laws was 3.78; sexual relationship, 3.74; life style, 3.44; and recreational activity. 3.39. 4. The women who experienced menopause perceived themselves to be unhealthier than those who did not. 5. Healthy women had a high score at total spousal relationship. personality of spouse. life style, recreational activity, and children's influence. 6. The women from 40 to 50 years of age. and women who graduated from middle or high school and had medium economic status showed a high score in family functionality. There was no correlation between family functionality and experience of the menopause. 7. Lower aged women were not good in personality of spouse (p<.05), sexual relationship (p<.05), and relationship with relatives (p<.05), Inexperienced women's menopause was influenced by their children (p<.05), Women who graduated from middle or high school (p<.001) and had medium economic status (p<.05) showed a high score in spousal relationship. 8. The higher the family functionality score. the higher spousal relationship. score (p<.001): love and communication (p<.001), personality of husband (p<.05), and religion (p<.001). relationship with relatives (p<.05), but the lower the score of recreational activity (p<.05), and share of role (p<.001) in the spousal relationship. 9. In the family functionality, the higher the cohesion score. the higher was the adaptability score (p<.001). l) The higher the cohesion score, the higher were love and communication, personality of husband. life style. sexual relationship. and children's influence, but the lower were share of role in spousal relationship(p<.001). 2) The higher the adaptability score, the higher were love and communication, religion, but the lower were the personality of husband, life style. sexual relationship, recreational activity, relationship with relatives, share of role(p<.001), and children's influence in spousal relationship (p<.05). 10. Variables within the spousal relationship have relationships with other variables. 1) The higher the love and communication score. the higher personality of husband religion, life style, communication. relationship with relatives, and children s influence (p<.001). 2) The higher personality of husband life style sexual relationship. recreational activity, relationship with relatives, share of role, and children's influence (p<.001). 3) The higher the religion score, the lower the recreational activity score (p<.05). 4) The higher the life style, the higher were the sexual relationship, recreational activity. relationship with relatives. share of role, and children's influence (p<.001). 5) The higher the sexual relationship score. the higher were recreational activity. relationship with relatives, share of role. and children's influence (p<.001). 6) The higher the recreational activity, the relationship with relatives, share of role. and children's influence (p<.001). 7) The higher the relationship with relatives, the higher were the share of role. the higher children's influence (p<.001). In conclusion. the spousal relationship was not good in unhealthy women, and the family functionality was related with the age of women and educational level. Also the spousal relationship was related with the age of women, personality of husband, sexual relationship. relationship with relatives by marriage and influence of sons and daughters. Menopause was related with spousal relationship, not related with family functionality. And the family functionality not related with perceived health status. but was correlated with spousal relationship. Therefore, the health management program for middle-aged woman should take place before menopause and must be based on promoting the family functionality and spousal relationship as well as physical health.

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Development of a TBM Advance Rate Model and Its Field Application Based on Full-Scale Shield TBM Tunneling Tests in 70 MPa of Artificial Rock Mass (70 MPa급 인공암반 내 실대형 쉴드TBM 굴진실험을 통한 굴진율 모델 및 활용방안 제안)

  • Kim, Jungjoo;Kim, Kyoungyul;Ryu, Heehwan;Hwan, Jung Ju;Hong, Sungyun;Jo, Seonah;Bae, Dusan
    • KEPCO Journal on Electric Power and Energy
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    • v.6 no.3
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    • pp.305-313
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    • 2020
  • The use of cable tunnels for electric power transmission as well as their construction in difficult conditions such as in subsea terrains and large overburden areas has increased. So, in order to efficiently operate the small diameter shield TBM (Tunnel Boring Machine), the estimation of advance rate and development of a design model is necessary. However, due to limited scope of survey and face mapping, it is very difficult to match the rock mass characteristics and TBM operational data in order to achieve their mutual relationships and to develop an advance rate model. Also, the working mechanism of previously utilized linear cutting machine is slightly different than the real excavation mechanism owing to the penetration of a number of disc cutters taking place at the same time in the rock mass in conjunction with rotation of the cutterhead. So, in order to suggest the advance rate and machine design models for small diameter TBMs, an EPB (Earth Pressure Balance) shield TBM having 3.54 m diameter cutterhead was manufactured and 19 cases of full-scale tunneling tests were performed each in 87.5 ㎥ volume of artificial rock mass. The relationships between advance rate and machine data were effectively analyzed by performing the tests in homogeneous rock mass with 70 MPa uniaxial compressive strength according to the TBM operational parameters such as thrust force and RPM of cutterhead. The utilization of the recorded penetration depth and torque values in the development of models is more accurate and realistic since they were derived through real excavation mechanism. The relationships between normal force on single disc cutter and penetration depth as well as between normal force and rolling force were suggested in this study. The prediction of advance rate and design of TBM can be performed in rock mass having 70 MPa strength using these relationships. An effort was made to improve the application of the developed model by applying the FPI (Field Penetration Index) concept which can overcome the limitation of 100% RQD (Rock Quality Designation) in artificial rock mass.

Study on Production Performance of Shale Gas Reservoir using Production Data Analysis (생산자료 분석기법을 이용한 셰일가스정 생산거동 연구)

  • Lee, Sun-Min;Jung, Ji-Hun;Sin, Chang-Hoon;Kwon, Sun-Il
    • Journal of the Korean Institute of Gas
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    • v.17 no.4
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    • pp.58-69
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    • 2013
  • This paper presents production data analysis for two production wells located in the shale gas field, Canada, with the proper analysis method according to each production performance characteristics. In the case A production well, the analysis was performed by applying both time and superposition time because the production history has high variation. Firstly, the flow regimes were classified with a log-log plot, and as a result, only the transient flow was appeared. Then the area of simulated reservoir volume (SRV) analyzed based on flowing material balance plot was calculated to 180 acres of time, and 240 acres of superposition time. And the original gas in place (OGIP) also was estimated to 15, 20 Bscf, respectively. However, as the area of SRV was not analyzed with the boundary dominated flow data, it was regarded as the minimum one. Therefore, the production forecasting was conducted according to variation of b exponent and the area of SRV. As a result, estimated ultimate recovery (EUR) increased 1.2 and 1.4 times respectively depending on b exponent, which was 0.5 and 1. In addition, as the area of SRV increased from 240 to 360 acres, EUR increased 1.3 times. In the case B production well, the formation compressibility and permeability depending on the overburden were applied to the analysis of the overpressured reservoir. In comparison of the case that applied geomechanical factors and the case that did not, the area of SRV was increased 1.4 times, OGIP was increased 1.5 times respectively. As a result of analysis, the prediction of future productivity including OGIP and EUR may be quite different depending on the analysis method. Thus, it was found that proper analysis methods, such as pseudo-time, superposition time, geomechanical factors, need to be applied depending on the production data to gain accurate results.

A Design Model on Outdoor Space of Elementary School based on Participatory Approach - Case Study on Seoul Don-Am Elementary School - (참여디자인 방법론을 적용한 초등학교 옥외공간 계획모형 - 서울 돈암초등학교를 대상으로 -)

  • Hue, Youn-Sun;Im, Seung-Bin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.38 no.5
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    • pp.1-11
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    • 2010
  • The outdoor space of an elementary school is the most familiar and most educational area for children. A paradigm shift in education has demanded a new role and direction for these outdoor spaces. The construction of children-friendly spaces, however, lags behind. The child-participatory design process is very meaningful at a time when many outdoor spaces have difficulties in reflecting the varied and specific demands of children. This study realized the necessity for a design that includes a child-participatory design process in construction the outdoor spaces of elementary schools. Through reference study and a theoretical approach of related laws, this study established a child-participatory design process model and applied it to Seoul Don-Am Elementary School. The design process included playing games and providing interesting tools to increase the participation of children in suggesting and presenting their opinions more freely. The design process of this study is described in five steps(eliciting interest in and recognition of the target space, Understanding children's expectations and the expressing thereof, Establishing factors for planning, Visualizing and arranging spaces, and Decision-making and building a final design plan). This process was applied to the planning and design of an outdoor space for Seoul Don-Am Elementary School. In this study, it is clear that the design of the participators and experts have a different purpose. Thus, the process of the design has more meaning than the final product. In addition, it is expected that an improvement in both tangible and intangible designs will be seen. Using a participatory design process, this study successfully improved the facilities and arrangement planning of an outdoor space. At the same time, it also enhanced the interest and participation of children in the process of creating the kind of school they desire. The significance of this study is that it has suggested an effective model to reflect the demands of children, the true users of the outdoor space, and the results were actually applied to elementary school outdoor planning and designing. This study enhanced the awareness of school members in the process of building the school's outdoor space.

A Study of the Planning Process, Design Idea and Implementation of the Gwanghwamun Plaza (광화문광장 조성과정 및 설계 연구)

  • Shin, Hyun-Don;Zoh, Kyung-Jin
    • Journal of the Korean Institute of Landscape Architecture
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    • v.41 no.4
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    • pp.24-41
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    • 2013
  • This study aims to investigate the complex planning processes and design ideas of the Gwanghwamun Plaza which was opened in 2009. The opening of the plaza was significant as it was built in order to restore the symbolic meaning of axis in the historical Joseon Dynasty that was distorted during the Japanese Imperialism. The plaza itself attracts many citizens and tourists by providing the empty ground carrying historical ambiences around. In this paper, the story of the Gwanghwamun plaza will be summarized. Particularly, the background of promoting the project will be discussed and the whole planning process will be dealt with. The plaza was realized through several stages. First, the planning stage will be reviewed. The planning stage had been a quite long process since the initial idea was discussed. Since the early 90s, the political decision of making the plaza was made through the change of people's understanding toward public space. At this stage, the city government worked together with diverse citizens and professionals to share the vision and to realize the right decision in making the plaza. Second, the design stage will be elaborated in detail. This is the second design stage. The former was the idea competition and the latter was the turn-key base. The final design scheme emphasized the restoration of symbolic axis and the forgotten Yukjo Street. The scheme consists of four zones such as history restoration zone, prospect and history representation zone, culture zone, and the urban zone. Through the whole design process, the original idea remained as it was. The design concept was "a place of memory and prospect." It emphasizes the history representation, view corridor, cultural activities platform as well as the emptiness and flexibility of the basic premise of the plaza. Finally, the construction stage will be discussed. There were some additions and omissions in the construction process. The design chances in the construction stage will be reviewed in detail. After the opening of the plaza, there were some changes in the detail design. We will discuss how and why these modifications were made. In the end, the social and cultural implication of the plaza will be discussed. The storytelling of the Gwanghwamun Plaza will contribute to the clear understanding of planning and design process of pubic places. Based on this reflection, we are able to think about some suggestions of public projects for the future.

User-participatory Design Process for School Forests - Focusing on Daegu Padong Elementary School - (이용자 참여형 학교숲 설계에 관한 연구 - 대구 파동초등학교를 대상으로 -)

  • Jung, Tae-Yeol;Kwon, Ji-Hyun
    • Journal of the Korean Institute of Landscape Architecture
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    • v.45 no.6
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    • pp.50-61
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    • 2017
  • This study devised a user-participatory design process for users to participate directly in the design process and was implemented at Daegu Padong Elementary School. Users of the school forest were divided into four groups: the lower grades, the upper grades, local residents(parents included), and faculty. The methods of this study were image survey, preference survey, card playing, and model playing. Researchers investigated the level of user satisfaction the following year. The specific design process is as follows: First of all, the concept of the school forest was established through audio-visual education for students and image research was conducted through drawing and painting activities entitled 'The School Forest I Want'. Second, in the image survey, a survey of areas and facilities with high frequency use was conducted in the study of the lower grades, the upper grades, local residents, and the faculty. Image cards of spaces and facilities that showed high preference were produced and the cards were placed in four groups on the school lot plan to check the location of place and facilities desired. Based on this, a model and a basic idea were created through consultation with future users. Lastly, the study design was completed. After 1 year from the completion of the school forest, users were again surveyed regarding their satisfaction with use. The importance of this study is as follows: 1) Treating all potential users of a school forest as the subject of design participation, 2) Reasoning out a plan created by the users themselves through consultation and discussion throughout all steps of the design process, 3) Grasping how users utilize a school forest and the type of spaces most preferred via preference survey after completion of the school forest and showing the importance of user participation by showing that spaces preferred by users were similar to those in which experts were also highly interested.

A Study on A Phase of Denotation Expansion of Oriental Medicine in the late Joseon Dynasty (조선(朝鮮) 후기(後期) 한의학(韓醫學) 외연확대(外延擴大)의 일국면(一局面))

  • Park, Sang-Young;Oh, Jun-Ho;Kwon, Oh-Min
    • Korean Journal of Oriental Medicine
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    • v.17 no.3
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    • pp.1-8
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    • 2011
  • In the late Joseon Dynasty, a bulky volume of books, which had rarely been seen, poured out including "Imwongyeongjeji", "Japdongsani", "Songnamjapsik" and "Ohjuyeonmunjaangjeonsango". such sorts of books have a characteristic that an author collected various pieces of information, which were scatter away at that time, in one's own way and compiled them into a book rather than an author's own remarks or ideas. Most authors of such books were known to have made not a few book beside bulky books. Such a trend of the times doubled its revitalization with the influx of that books in a series that were popular especially in the period of Ming State & Ching State in China. The research work on such a trend once showed not a little progress by a few faithful researchers even under the circumstances where they were overwhelmed by the bulkiness of a book in a series itself and its target volume. However, in spite of not a little fruition of such studies, there has been no comments at all on the new factors of change faced by Oriental medicine in the climate of the intellect history in the late Joseon Dynasty. Thus, this study aimed at looking at the significance of medical-history-based studies on this matter on the basis of Park, Jiwon's "Keumryosocho", and Lee, Deokmu's "Iemokgushimseo", and suggesting the further task. The conclusions obtained from the analysis of "Keumryosocho" and "Iemokgusimseo" are as follows: 1.The prescriptions cited from the sorts of writings excluded entirely the medical theories on the principles of prescription, and they are composed of a single-medicine prescription or so, which made it easier even for those who lacked a special knowledge of medicine to use it; in addition, it was easy to get medicinal ingredients in most cases. It's presumed that such a composition of medicinal ingredients had a close relation with the difficulty in the supply of medicinal ingredients, which issue became a serious issue in the late Joseon Dynasty. 2. The prescriptions originating from the sorts of writings sometimes are mixed with the ones whose medical efficiency are doubted. This means the inherence of obstacles to delivering accurate medical knowledge couldn't be avoided because the initial purpose of such sorts of writings lay in popularity than practicality. 3. In spite of such problems, the prescriptions originating from writings seems to have not a few influences on the intellectuals in the late Joseon Dynasty, and it's possible for us to take a glance on the traces of their use of these prescriptions in an actual daily life. This fact is fully confirmed by the contents in the preface of "Keumryosocho" that Park-jiwon personally tried to write a prescription. Moreover, such facts can be also confirmed from the fact that the writings of China or our country are seen quite often among the writings which were incited by Seo, Yugu's "Injeji." Like this, the fact that the information of orthodox medicine and the one originating from general books other than medicine books were integrated at one place is plainly showing a phase of the intellect history in the late Joseon Dynasty deluged with information; because of such a characteristic, we can say that Oriental medicine became plentiful in the aspect of diversity with its expansion of denotation, but Oriental medicine could not but additionally assume the problem of having to distinguish good from bad in the midst of such a situation.

An Interpretation of Symbols in Water Gardens of Old Palaces - Based on the Archetype Theory of Jung - (융(Jung)의 원형론의 관점에서 본 궁궐 수공간의 상징성 - 공간구조와 디테일에 나타난 상징의미를 중심으로 -)

  • Yoon, Mi-Bang;Kim, Han-Bai
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.28 no.3
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    • pp.60-71
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    • 2010
  • The purpose of this paper is to provide a unified examination of apparently quite different gardens in terms of Carl Jung's psychological concepts such as Archetypes, Individualization, and a natural tendency towards balance or wholeness. In Jung's psychological framework, Archetypes are innate, universal prototypes for ideas and function as the first original models upon which all other similar persons, objects or concepts are derived, copied or patterned. Jung proposes that Individualization be achieved through a natural tendency towards balance, especially the balance between the conscious and the unconscious. This paper deals with three gardens, each of which represents a distinct cultural region: Bu-Yong Ji(芙蓉池) at the Changdeok Palace(Oriental), the Patio of the Lions at the Alhambra(Islamic), and the Fountain of Apollo at the Versailles Palace(Western). It is argued that all of three have in common a natural tendency towards balance and symbolize mandala, the archetype of wholeness. Bu-Yong Ji is in the form of quadrangle which embodies Yin and Yang. In the Patio of the Lions, the basin at the center and the four channels, which symbolize the waterway of the Garden of Eden and the four rivers in Paradise respectively, are constructed in the form of a quadripartite composition. The overlapped circle and rectangular shaped pond of the Fountain of Apollo also represents mandala. Symbols representing the same archetype can vary from culture to culture. This explains the differences among the three gardens with respect to specific aspects of external forms. In other words, an archetypal image can give rise to various forms in different cultures, and thus quite different mediums of design or design details may be developed. In conclusion, the three gardens give us a good example as to how an archetypal image can be expressed in different ways from culture to culture and how seemingly different design details can be analyzed in a unified way.

The Nature Cognition and Lyricism Reflected in the Pavilion Tablets - Focusing on the Pavilions in the Damyang Poetry Culture Area Built during in 16th Century - (누정편액(樓亭扁額)에 반영된 자연인식과 서정 - 16세기 담양 시가문화권의 누정을 중심으로 -)

  • Lee, Hyun-Woo;Kim, Jai-Sik
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.28 no.3
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    • pp.1-13
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    • 2010
  • This research is the semantic study on the nature cognition and lyricism of pavilion builders as reflected in the pavilion tablets in the Damyang poetry culture area built during 16th century. The names of pavilions, pavilion writings and "poetry with given theme" were studied by actual site visits. The view on the nature and aesthetic awareness of the pavilion builders at the time were explored together with surrounding landscapes. Following conclusions were drawn. 1. Pavilion names borrowed phrases from the famous historical events left by the sages. Or, they took the compliment on the beautiful nature surrounding orthe academic achievement of pavilion owners as the theme, then elaborated them with thinking based on Sung Confucianism. 2. The writings of pavilion literature were the idealistic view on the nature. They think the nature and human as "object and ego are one, object and ego communicate each other, object and ego become one". 3. The nature in the 16th century was the "principle of birth-death-grow-wither" for the intellectuals. They thought that the nature is the ultimate place to return for the realization of life with self-respect. 4. The introduction of fairy land among literary activities in the pavilion was the symbolic means healing the frustrated ego. It was confirmed that they temporarily entrusted their depressed feelings by borrowing the fairy land, far from the reality. The pavilion was the space to escape from the reality and soothe the anger and discord in the reality. 5. The pavilion literature in the Damyang poetry culture area during 16th century sang their pleasure of enjoying the beautiful scenery in the rural area using their social status. The literary works also contained their agony due to the frustration of difficulty in the realization of ideal. When the intellectuals, who already mastered literature, history and philosophy, came down to rural area, built pavilions at the location with beautiful scenery, and spent time while composing poetry, it was an escape from the burden that they should take the social responsibility as the model intellectuals of the society. The pavilions in Damyang poetry-culture area during 16th century were the idealized conceptual world and the space of awareness reflecting the philosophy and thinking of the time.