A study on the management of drawings of Metropolitan Rapid Transit (도시철도 도면 관리에 관한 연구 -서울시 도시철도공사를 중심으로-)
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- The Korean Journal of Archival Studies
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- no.11
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- pp.181-214
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- 2005
Metropolitan rapid transit system plays an essential role in the public transportation system of any large city, and its managing agency is usually charged with the responsibility of storing and managing the design drawings of the system. The drawings are important and historically valuable documents that must be kept permanently because they contain comprehensive data that is used to manage and maintain the system. However, no study has been performed in Korea on how well agencies are preserving and managing these records. Seoul Metropolitan Rapid Transit Corporation(SMRT) is the managing agency established by the city of Seoul to operate subway lines 5, 6, 7, and 8 more efficiently to serve its citizens. By the Act on Records Management in Public Institutions(ARMPI), SMRT should establish a records center to manage its records. Furthermore, all drawings produced by SMRT and other third party entities should be in compliance with the Act. However, SMRT, as a form of local public corporation, can establish a records center by its own way. Accordingly, the National Archives & Records Service(NARS) has very little control over SMRT. Therefore, the purpose of this study is to research and analyze the present state of storage and management of the drawings of metropolitan rapid transit in SMRT and is to find a desirable method of preservation and management for drawings of metropolitan rapid transit. In the process of the study, it was found that a records center is being considered to manage only general official documents and not to manage the drawings as required by ARMPI. SMRT does not have a records center, and the environment of management on the drawings is very poor. Although there is a plan to develop a new management system for the drawings, it will be non-compliant of ARMPI. What's happening at SMRT does not reflect the state of all other cities' metropolitan rapid transit records management systems, but the state of creation of records center of local public corporation is the almost same state as SMRT. There should be continuous education and many studies conducted in order to manage the drawings of metropolitan rapid transit efficiently by records management system. This study proposes a records center based on both professional records centers and union records centers. Although metropolitan rapid transit is constructed and managed by each local public corporation, the overall characteristics and processes of metropolitan rapid transit projects are similar in nature. In consideration of huge quantity, complexity and specialty of drawings produced and used during construction and operation of metropolitan rapid transit, and overlap of each local public corporation's effort and cost of the storage and management of the drawings, they need to be managed in a professional and united way. As an example of professional records center, there is the National Personnel Records Center(NPRC) in St. Louis, Missouri. NPRC is one of the National Archives and Records Administration's largest operations and a central repository of personnel-related records on former and present federal employees and the military. It provides extensive information to government agencies, military veterans, former federal employees, family members, as well as researchers and historians. As an example of union records center, there is the Chinese Union Dangansil. It was established by several institutions and organizations, so united management of records can be performed and human efforts and facilities can be saved. We should establish a professional and united records center which manages drawings of metropolitan rapid transit and provides service to researchers and the public as well as members of the related institutions. This study can be an impetus to improve interest on management of not only drawings of metropolitan rapid transit but also drawings of various public facilities.
Ganjang-gejang (soy sauce-marinated crab) is a ready-to-eat (RTE) seafood and is also one of the most popular traditional dishes in Korea. It is generally prepared by washing raw blue crabs and then preserving them in soy sauce. Since this process does not involve cooking or any treatment with heat, it is difficult to control the microbiological quality of the final product. Thus, the objectives of this study were to compare the efficacies of various sanitizers in eliminating microorganisms on raw blue crab during the washing step and to evaluate the effectiveness of chitosan on the inhibition of microbial growth in the ganjang-gejang during storage. The raw blue crabs were submerged in chlorinated water (50 mg/L), peracetic acid (40 mg/L), acetic acid (5%) and lactic acid (5%) for 10 min at
This paper examines Jang Hyeongwang's cultural awareness and the way of practice by focusing on his spirit of humanities in relation to the understanding of territory and bibliographic materials. In fact, this starts from conflicting evaluations on Jang Hyeongwang's way of learning in the field of Korean history. Jang Hyeongwang emphasizes realization of humanity, which is considered as basic framework of culture. He claims the indivisibility of Dao(道) and culture(mun文) by arguing that almighty principle of Dao manifests itself through phenomena of culture. In other words, Dao is the root of culture and, at the same time, culture is the necessary element of making Dao valuable. Furthermore, he insists that realization of human culture is the gist of manifesting the pattern of nature. In this vein, the roles of human beings are so important in creating humanistic civilization. He considers all kinds of human affairs as the contents of humanistic culture, which are contained in six classics. Especially, He says that the moral is reality of human culture and that literature is a literal expression of humanistic spirit. Thus, he criticizes that there are literatures without moral practices. He pays a special attention to his indigenous culture. He links the cultural understanding of geography, which is the foundation of realizing humanistic spirit, to awareness of Korean territory and grasps the territory in the light of topography of geographic power. Thus, he defines it as "Central Field" which bears comparison with China (middle kingdom). With the positive understanding of his country, he insisted that Korean indigenous culture and custom are as much advanced as China and was so proud of the moral characters and norms that Korean people had formed so far. Moreover, Jang truly exhibited affection to Korean literature, which had formed through Korean history. Kim Hyu, one of his students, activates Jang's will to preservation of Korean culture. Over twenty years, Kim completed Collected Record of Korean Literatures(haedong munhon ch'ongnok 海東文獻總錄). Actually, he started the preparatory works for compiling them. We should keep in mind that this compilation was completed following Japanese Invasion of Korea in 1592. It means that he has cultural awareness of preserving Korean literal heritages. Hence, it can be evaluated as the results of the enhancement of national studies. We have seen that He truly highlights realization of humanistic spirit by insisting the practices of moral values. In fact, his mind is linked to genuine affection to Korean territory, culture and literatures. Such affection can be paraphrased as moral awareness of humanity and its practices. In conclusion, his humanistic spirit should be understood as strong belief on universality of human morality. His cultural awareness of homeland and the will to practices should be considered as cultural pride of Korean intellectual traditions rather than following Chinese culture blindly.
This essay reflects on the modernity of Korea by examining the transformation of the traditional knowledge system from a historico-semantic perspective with its focus on the opposition and collision of the old and the new conception occurred in the early period(1890~1910) of the acceptance of the Western modern civilization. With scientific success, trick of reason, Christianity and evolutionary view of history, the Western modernity regarded itself as a peak of civilization and forced the non-Western societies into the world system in which they came to be considered as 'barbarism(野蠻)' or 'half-enlightened(半開).' The East Asian civilization, which had its own history for several centuries, became degraded as kind of delusion and old-fashioned customs from which it ought to free itself. The Western civilization presented itself as exemplary future which East Asian people should achieve, while East Asian past traditions came to be conceived as just unnecessary vestiges which it was better to wipe out. It can be said that East Asian modernization was established through the propagation and acceptance of the modern products of the Western civilization rather than through the preservation of its past experience and pursuit of the new at the same time. Accordingly, it is difficult to apply directly to East Asian societies Koselleck's hypothesis; while mapping out his Basic Concept of History, he assumed that, in the so-called 'age of saddle,' semantic struggle over concepts becomes active between the past experience and the horizon of expectation on the future, and concepts undergoes 'temporalization', 'democratization', 'ideologization', 'politicization.'The struggle over the old and new conceptions in Korea was most noticeable in the opposition of the Neo-Confucian scholars of Hwangseongsinmun and the theorists of civilization of Doknipsinmun. The opposition and struggle demanded the change of understanding in every field, but there was difference of opinion over the conception of the past traditional knowledge system. For the theorists of civilization, 'the old(舊)' was not just 'past' and 'old-fashioned' things, but rather an obstacle to the building of new civilization. On the other hand, it contained the possibility of regeneration(新) for the Neo-Confucian scholars; that is, they suggested finding a guide into tomorrow by taking lessons from the past. The traditional knowledge system lost their holy status of learning(聖學) in the process of its change into a 'new learning(新學),' and religion and religious tradition also weakened. The traditional knowledge system could change itself into modern learning by accepting scientific methodology which pursues objectivity and rationality. This transformation of the traditional knowledge system and 'the formation of the new learning from the old learning' was accompanied by the intersection between the old and new conceptions. It is necessary to pay attention to the role played by the concept of Sil(hak)(實學) or Practical Learning in the intersection of the old and new conceptions. Various modern media published before and after the 20th century show clearly the multi-layered development of the old and new conceptions, and it is noticeable that 'Sil(hak)' as conceptual frame of reference contributed to the transformation of the traditional knowledge system into the new learning. Although Silhak often designated, or was even considered equivalent to, the Western learning, Neo-Confucian scholars reinterpreted the concept of 'Silhak' which the theorists of civilization had monopolized until then, and opened the way to change the traditional knowledge system into the new learning. They re-appropriated the concept of Silhak, and enabled it to be invested with values, which were losing their own status due to the overwhelming scientific technology. With Japanese occupation of Korea by force, the attempt to transform the traditional knowledge system independently was obliged to reach its own limit, but its theory of 'making new learning from old one' can be considered to get over both the contradiction of Dondoseogi(東道西器: principle of preserving Eastern philosophy while accepting Western technology) and the de-subjectivity of the theory of civilization. While developing its own logic, the theory of Dongdoseogi was compelled to bring in the contradiction of considering the indivisible(道and 器) as divisible, though it tried to cope with the reality where the principle of morality and that of competition were opposed each other and the ideologies of 'evolution' and 'progress' prevailed. On the other hand, the theory of civilization was not free from the criticism that it brought about a crack in subjectivity due to its internalization of the West, cutting itself off from the traditional knowledge system.
As our economy grows and the number of aircraft increase, the number of civil execution against aircraft cases are likely to increase as well in the future. The purpose of this article is to present the legal theory on the civil execution against aircrafts by drawing on the legal theory on the civil execution against vessels which constitute a relatively large number of cases thus observed. The provisions of the civil execution against immovables or vessel, shall basically apply mutatis mutandis to the civil execution against aircraft or light aircraft. The civil execution against ultra-light flying devices or a foreign aircraft shall be executed in conformity with the civil execution against movables. There are a compulsory auction, an auction to execute a security right to aircraft, and an auction under the right of retention, etc. in the civil execution against an aircraft. A compulsory execution against an aircraft means an execution carried out by a creditor against a debtor's aircraft to obtain satisfaction of claims for the purpose of payment of money. The court of execution of a compulsory execution against an aircraft shall be the district court having jurisdiction over the airport of stoppage or storage of such aircraft at the time of seizure. The forums of execution of a compulsory execution against an aircraft shall be exclusive forums. When a court has rendered an order on commencing an auction, it shall order an execution officer to receive a certificate of the aircraft's registration and other documents as required for its operation, and to submit them to the court. A court may revoke the procedures for a compulsory auction when an execution officer fails to obtain a transfer of the aircraft's registration certificate, etc. and the location of the aircraft is not evident, not later than an elapse of 2 months from the date on which an order on commencing an auction has been rendered. In the case where it is deemed that there exists a business-related need or other based on proper reasoning, the court may permit the aircraft's operation, upon the motion submitted by the debtor. In this case, there shall be a consent from the creditor, the highest bidder, the next highest bidder and successful bidder. A court may, upon a motion submitted by the creditor, make the dispositions required for observing and preserving the aircraft. When a debtor has submitted the documents under subparagraph 2 or 4 of the Article 49 of the Civil Execution Act, and furnished the guarantee equivalent to the claims of the execution creditors and the creditors demanding a distribution and to the costs for execution, before a declaration of bid, the court shall, upon request, revoke other procedures than those for distribution. The provisions of a obligatory auction against vessel or aircraft and an auction to execute a security right to real estate or vessel, shall apply mutatis mutandis to an auction to execute the security right to aircraft. In an auction to execute the security right to aircraft case, an executive title is not necessary. An executory exemplification is not necessary in an application for an auction to execute the security right to aircraft. A court should examine the existence of security right and claim secured. No order on commencing an auction procedure shall be issued with non-existence or invalidity of the security right and absence or extinguishment of the claim secured. Furthermore, these prohibitions are the reason of a decision on non-permit for sale, the court overlooked these prohibitions, and the decision on a permit for sale became final and conclusive, the successful bidder who paid the price and registered of ownership could not acquire ownership of the aircraft sold. A court may render a ruling to put plural aircrafts up for a blanket auction, only when they are in restraint and related matter (Supreme Court Order 2001Ma3688 dated on August 22, 2001). A righter of retention on aircraft may file a request for an auction against the aircraft. The provisions of an auction to execute a security right to aircraft shall apply mutatis mutandis to the formal auction. Airport facility fee and an aircraft are not in restraint and related matter, so an airport management corporation does not hold the right of retention on the aircraft (Supreme Court Decision 2011Da29291 decided on April 10, 2014). In an auction in accordance with the right of retention, all encumbrances (e.g., mortgages) on the sold aircraft shall be extinguished by a sale under the legal conditions for sale. Not only creditors who have claims for preferential payment but also general creditors could demand for distribution. The precedence of the claim of the right of retention on aircraft and that of general creditor's claims are equal.
Land was originally communized by a community in the primitive society of Korea, and in the age of the ancient society SAM KUK-SILLA, KOKURYOE and PAEK JE-it was distributed under the principle of land-nationalization. But by the occupation of the lands which were permitted to transmit from generation to generation as Royal Grant Lands and newly cleared lands, the private occupation had already begun to be formed. Thus the private ownership of land originated by chiefs of the tribes had a trend to be gradually pervaded to the communal members. After the, SILLA Kingdom unified SAM KUK in 668 A.D., JEONG JEON System and KWAN RYO JEON System, which were the distribution systems of farmlands originated from the TANG Dynasty in China, were enforced to established the basis of an absolute monarchy. Even in this age the forest area was jointly controlled and commonly used by village communities because of the abundance of area and stocked volume, and the private ownership of the forest land was prohibited by law under the influence of the TANG Dynasty system. Toward the end of the SILLA Dynasty, however, as its centralism become weak, the tendency of the private occupancy of farmland by influential persons was expanded, and at the same time the occupancy of the forest land by the aristocrats and Buddhist temples began to come out. In the ensuing KORYO Dynasty (519 to 1391 A.D.) JEON SI KWA System under the principle of land-nationalization was strengthened and the privilege of tax collection was transferred to the bureaucrats and the aristocrats as a means of material compensation for them. Taking this opportunity the influential persons began to expand their lands for the tax collection on a large scale. Therefore, about in the middle of 11th century the farmlands and the forest lands were annexed not only around the vicinity of the capital but also in the border area by influential persons. Toward the end of the KORYO Dynasty the royal families, the bureaucrats and the local lords all possessed manors and occupied the forest lands on a large scale as a part of their farmlands. In the KORYO Dynasty, where national economic foundation was based upon the lands, the disorder of the land system threatened the fall of the Dynasty and so the land reform carried out by General YI SEONG-GYE had led to the creation of ensuing YI Dynasty. All systems of the YI Dynasty were substantially adopted from those of the KORYO Dynasty and thereby KWA JEON System was enforced under the principle of land-nationalization, while the occupancy or the forest land was strictly prohibited, except the national or royal uses, by the forbidden item in KYEONG JE YUK JEON SOK JEON, one of codes provided by the successive kings in the YI Dynasty. Thus the basis of the forest land system through the YI Dynasty had been established, while the private forest area possessed by influential persons since the previous KORYO Dynasty was preserved continuously under the influence of their authorities. Therefore, this principle of the prohibition was nothing but a legal fiction for the security of sovereign powers. Consequently the private occupancy of the forest area was gradually enlarged and finally toward the end of YI Dynasty the privately possessed forest lands were to be officially authorized. The forest administration systems in the YI Dynasty are summarized as follows: a) KEUM SAN and BONG SAN. Under the principle of land-nationalization by a powerful centralism KWA JEON System was established at the beginning of the YI Dynasty and its government expropriated all the forests and prohibited strictly the private occupation. In order to maintain the dignity of the royal capital, the forests surounding capital areas were instituted as KEUM SAN (the reserved forests) and the well-stocked natural forest lands were chosen throughout the nation by the government as BONG SAN(national forests for timber production), where the government nominated SAN JIK(forest rangers) and gave them duties to protect and afforest the forests. This forest reservation system exacted statute labors from the people of mountainious districts and yet their commons of the forest were restricted rigidly. This consequently aroused their strong aversion against such forest reservation, therefore those forest lands were radically spoiled by them. To settle this difficult problem successive kings emphasized the preservation of the forests repeatedly, and in KYEONG KUK DAI JOEN, the written constitution of the YI Dynasty, a regulation for the forest preservation was provided but the desired results could not be obtained. Subsequently the split of bureaucrats with incessant feuds among politicians and scholars weakened the centralism and moreover, the foreign invasions since 1592 made the national land devasted and the rural communities impoverished. It happned that many wandering peasants from rural areas moved into the deep forest lands, where they cultivated burnt fields recklessly in the reserved forest resulting in the severe damage of the national forests. And it was inevitable for the government to increase the number of BONG SAN in order to solve the problem of the timber shortage. The increase of its number accelerated illegal and reckless cutting inevitably by the people living mountainuos districts and so the government issued excessive laws and ordinances to reserve the forests. In the middle of the 18th century the severe feuds among the politicians being brought under control, the excessive laws and ordinances were put in good order and the political situation became temporarily stabilized. But in spite of those endeavors evil habitudes of forest devastation, which had been inveterate since the KORYO Dynasty, continued to become greater in degree. After the conclusion of "the Treaty of KANG WHA with Japan" in 1876 western administration system began to be adopted, and thereafter through the promulgation of the Forest Law in 1908 the Imperial Forests were separated from the National Forests and the modern forest ownership system was fixed. b) KANG MU JANG. After the reorganization of the military system, attaching importance to the Royal Guard Corps, the founder of the YI Dynasty, TAI JO (1392 to 1398 A.D.) instituted the royal preserves-KANG MU JANG-to attain the purposes for military training and royal hunting, prohibiting strictly private hunting, felling and clearing by the rural inhabitants. Moreover, the tyrant, YEON SAN (1495 to 1506 A.D.), expanded widely the preserves at random and strengthened its prohibition, so KANG MU JANG had become the focus of the public antipathy. Since the invasion of Japanese in 1592, however, the innovation of military training methods had to be made because of the changes of arms and tactics, and the royal preserves were laid aside consequently and finally they had become the private forests of influential persons since 17th century. c) Forests for official use. All the forests for official use occupied by government officies since the KORYO Dynasty were expropriated by the YI Dynasty in 1392, and afterwards the forests were allotted on a fixed standard area to the government officies in need of firewoods, and as the forest resources became exhausted due to the depredated forest yield, each office gradually enlarged the allotted area. In the 17th century the national land had been almost devastated by the Japanese invasion and therefore each office was in the difficulty with severe deficit in revenue, thereafter waste lands and forest lands were allotted to government offices inorder to promote the land clearing and the increase in the collections of taxes. And an abuse of wide occupation of the forests by them was derived and there appeared a cause of disorder in the forest land system. So a provision prohibiting to allot the forests newly official use was enacted in 1672, nevertheless the government offices were trying to enlarge their occupied area by encroaching the boundary and this abuse continued up to the end of the YI Dynasty. d) Private forests. The government, at the bigninning of the YI Dynasty, expropriated the forests all over the country under the principle of prohibition of private occupancy of forest lands except for the national uses, while it could not expropriate completely all of the forest lands privately occupied and inherited successively by bureaucrats, and even local governors could not control them because of their strong influences. Accordingly the King, TAI JONG (1401 to 1418 A.D.), legislated the prohibition of private forest occupancy in his code, KYEONG JE YUK JEON (1413), and furthermore he repeatedly emphasized to observe the law. But The private occupancy of forest lands was not yet ceased up at the age of the King, SE JO (1455 to 1468 A.D.), so he prescribed the provision in KYEONG KUK DAI JEON (1474), an immutable law as a written constitution in the YI Dynasty: "Anyone who privately occupy the forest land shall be inflicted 80 floggings" and he prohibited the private possession of forest area even by princes and princesses. But, it seemed to be almost impossible for only one provsion in a code to obstruct the historical growing tendecy of private forest occupancy, for example, the King, SEONG JONG (1470 to 1494 A.D.), himself granted the forests to his royal families in defiance of the prohibition and thereafter such precedents were successively expanded, and besides, taking advantage of these facts, the influential persons openly acquired their private forest lands. After tyrannical rule of the King, YEON SAN (1945 to 1506 A.D.), the political disorder due to the splits to bureaucrats with successional feuds and the usurpations of thrones accelerated the private forest occupancy in all parts of the country, thus the forbidden clause on the private forest occupancy in the law had become merely a legal fiction since the establishment of the Dynasty. As above mentioned, after the invasion of Japanese in 1592, the courts of princes (KUNG BANGG) fell into the financial difficulties, and successive kings transferred the right of tax collection from fisherys and saltfarms to each KUNG BANG and at the same time they allotted the forest areas in attempt to promote the clearing. Availing themselves of this opportunity, royal families and bureaucrats intended to occupy the forests on large scale. Besides a privilege of free selection of grave yard, which had been conventionalized from the era of the KORYO Dynasty, created an abuse of occuping too wide area for grave yards in any forest at their random, so the King, TAI JONG, restricted the area of grave yard and homestead of each family. Under the policy of suppresion of Buddhism in the YI Dynasty a privilege of taxexemption for Buddhist temples was deprived and temple forests had to follow the same course as private forests did. In the middle of 18th century the King, YEONG JO (1725 to 1776 A.D.), took an impartial policy for political parties and promoted the spirit of observing laws by putting royal orders and regulations in good order excessively issued before, thus the confused political situation was saved, meanwhile the government officially permittd the private forest ownership which substantially had already been permitted tacitly and at the same time the private afforestation areas around the grave yards was authorized as private forests at least within YONG HO (a boundary of grave yard). Consequently by the enforcement of above mentioned policies the forbidden clause of private forest ownership which had been a basic principle of forest system in the YI Dynasty entireely remained as only a historical document. Under the rule of the King, SUN JO (1801 to 1834 A.D.), the political situation again got into confusion and as the result of the exploitation from farmers by bureaucrats, the extremely impoverished rural communities created successively wandering peasants who cleared burnt fields and deforested recklessly. In this way the devastation of forests come to the peak regardless of being private forests or national forests, moreover, the influential persons extorted private forests or reserved forests and their expansion of grave yards became also excessive. In 1894 a regulation was issued that the extorted private forests shall be returned to the initial propriators and besides taking wide area of the grave yards was prohibited. And after a reform of the administrative structure following western style, a modern forest possession system was prepared in 1908 by the forest law including a regulation of the return system of forest land ownership. At this point a forbidden clause of private occupancy of forest land got abolished which had been kept even in fictitious state since the foundation of the YI Dynasty. e) Common forests. As above mentioned, the forest system in the YI Dynasty was on the ground of public ownership principle but there was a high restriction to the forest profits of farmers according to the progressive private possession of forest area. And the farmers realized the necessity of possessing common forest. They organized village associations, SONGE or KEUM SONGE, to take the ownerless forests remained around the village as the common forest in opposition to influential persons and on the other hand, they prepared the self-punishment system for the common management of their forests. They made a contribution to the forest protection by preserving the common forests in the late YI Dynasty. It is generally known that the absolute monarchy expr opriates the widespread common forests all over the country in the process of chainging from thefeudal society to the capitalistic one. At this turning point in Korea, Japanese colonialists made public that the ratio of national and private forest lands was 8 to 2 in the late YI Dynasty, but this was merely a distorted statistics with the intention of rationalizing of their dispossession of forests from Korean owners, and they took advantage of dead forbidden clause on the private occupancy of forests for their colonization. They were pretending as if all forests had been in ownerless state, but, in truth, almost all the forest lands in the late YI Dynasty except national forests were in the state of private ownership or private occupancy regardless of their lawfulness.