• The Journal of Korean Philosophical History
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• no.39
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• pp.29-52
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• 2013

Philosophy of respect righteousness advocated by Nammyung points to what first needs to be done to drive social changes. It is consistent with the Confucianism, which views the world from within oneself. After all, developing a proper view of the society starts from looking at oneself in the right perspective. The view that personal cultivation can develop into cultivation and eventually reform of the entire society is also present in Confucius' belief that one can only be at peace after disciplining oneself and observe good manners only after perseverance. Also, one can lead the world in peace only after disciplining one's body and mind. In other words, it suggests that individuals and the community where they belong to are not independent from one another. Rather, individuals gather to create a society and righteous individuals are the basis for righteous society. These principles of social system in Confucianism can be understood as a mutual or layered division and integration. The society is not conflicted with individuals or the nation but rather perceived as moral communities to co-exist. Hence, power of execution observed in the philosophy of respect and righteousness by Nammyung is identical to power of execution applied to the society. The power of execution shows up as 'the execution of righteousness' in Nammyung's philosophy of respect and righteousness. It is also demonstrated in the acts by Nammyung's disciples when the nation was at crisis. This is what differentiates Nammyung's new-Confucianism in Joseon Dynasty from Toegye or Yulgok as he tried to deliver 'the execution of righteousness.' It does not mean that neo-Confucian scholars did not emphasize the importance of execution, but Nammyung, in particular, warned how deceitful ideological or inner-directed thinking can be since they fail to come up with concrete solutions to social issues. In summary, Nammyung's moral discipline and training based on respect and righteousness cannot be evaluated in a state of vacuum separate from social and historical aspects but under the context of enlightening virtue and social execution. This can draw the conclusion that Nammyung's execution of respect and righteousness is in the starting point of the realistic 'theory of social reform' for creating a better world.

• (The)Study of the Eastern Classic
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• no.73
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• pp.445-473
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• 2018

This article deals with the reason for translating Korean Chinese written classics and the image of the person performing the translation. The scope of the research was restricted to South Korea and the translation value of translating the Korean classical texts from the 1960s to the 2018. In the 1960s and 1970s, the discourse of national culture and the Classical Sinology(漢學) discourse centered around the Minjokmunwhachujinhwe(民族文化推進會, National Culture Promotion Association). The discourse of the national culture was paired with the modernization, and the discourse of Classical Sinology(漢學) discourse was a certain antagonism to the discourse of modernization. The translator stereotype in this periods was close to a Classical Sinology(漢學) who could wright Korean letters. The discourse of the national culture led to the establishment of The Academy of Korean Studies by pairing with the discourse of the spiritual culture, and then changed into Korean study discourse in the 1980s. Since the mid 80s, the theory of translation has been introduced byo Kim Yong-ok. The translation of the Chosun dynasty annals, which started in the 70s, made the classical translation discourse in the classical translation field into the national project efficiency discourse. To the Early achievement of state-led gigantic project through group translation, they emphasized coherence and efficiency. On the contrary, the individuality of the translators and aspects of in-depth research have weakened. This discourse also influenced until the early 2000s. These large translation projects were produced by professional translator group. With the establishment of the Institute for the Translation of Korean Classics(Hankuk Kojon Bunyukwon) in 2007, he foundation for the stability of the classical translation business was established, and the classical translation discourse was shifted to the academic discourse centered on classical translation sudies. This discussion was expanded to the request of the establishment of an academic institution called the Classical Translation Graduate School, with a discussion on the academic identities of classical translation studies. The imagies of translators, paired with the academic discourse of this period, and that the classical translators must be classical scholars and translators, are begun to be requested. Thus, the classical translation value discourse changed with the passage of time, and the imagies of classical translators have been changed accordingly.

• Korean Journal of Comparative Education
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• v.27 no.1
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• pp.145-169
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• 2017

The purpose of this study is to investigate the influences of educational policy transfer on transitional countries by analyzing the impacts of the Bologna Process on the educational systems of former socialist countries in Europe including Russia, Ukraine, and Hungary. For this purpose, documents published by European Union and its associated educational institutions, as well as academic institutions and scholars were analyzed to evaluate the changes made not only in the systemic level but also institutional and personal levels. The Bologna Process, instigated by the rise of knowledge economy and globalization, is purported to be the most influential educational reform conducted by the member countries since the formation of EU. However, unlike its original intentions to promote the voluntary participation of universities and students, the Bologna Process strengthened the structure of centralized bureaucracy in the educational systems, and restricted the freedom of professors, since most of the universities in these countries relied on governments for their funding. This indicates that in analyzing the influences of educational policy transfer in transitional countries, it is important to analyze the roles and motivations of actors participating in the decision-making processes. Moreover, Bologna Process reforms, made under the direction and control of government, were often turned into cases in which administrators hurriedly implement new policies against the will of faculty members and students, thus impeding the efficient localization of the reforms. This case, thus, implies that while educational reforms driven by policy transfer can change external systems and policies of universities, the fundamental reforms in the minds of faculty and inner workings of organization can only come about after a careful consideration of the societal and cultural values embedded within society.

• Journal of Legislation Research
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• no.41
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• pp.229-260
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• 2011

European Union (EU) law has been a complex but at the same time fascinating subject of study due to its dynamic evolution. In particular, the Lisbon Treaty which entered into force in December 2009 represents the culmination of a decade of attempts at Treaty reform and harmonisation in diverse sectors. Amongst the EU private law fields, company law harmonisation has been one of the hotly debated issues with regards to the freedom of establishment in the internal market. Due to the significant differences between national provisions on company law, it seemed somewhat difficult to harmonise company law. However, Council Regulation 2157/2001 was legislated in 2001 and now provides the basis for the Statute for a European Company (or Societas Europaea: SE). The Statute is also supplemented by the Council Directive 2001/86 on the involvement of employees. The SE Statute is a legal measure in order to contribute to the internal market, and provides a choice for companies that wish to merge, create a joint subsidiary or convert a subsidiary into an SE. Through this option, the SE became a corporate form which is only available to existing companies incorporated in different Member States in the EU. The important question on the meaning of the SE Statute is whether the distinctive characteristics of the SE make it an attractive option to ensure significant numbers of SE registration. In fact, the outcome that has been made through the SE Statute is an example of regulatory competition. The traditional regulatory competition in the freedom of establishment has been the one between national statutes between Member States. However, this time is not a competition between Member States, which means that the Union has joined the area in competition between legal orders and is now in competition with the systems of company law of the Member States.Key Words : European Union, EU Company Law, Societas Europaea, SE Statute, One-tier System, Two-tier System, Race to the Bottom A quite number of scholars expect that the number of SE will increase significantly. Of course, there is no evidence of regulatory competition that Korea faces currently. However, because of the increasing volume of international trade and expansion of regional economic bloc, it is necessary to consider the example of development of EU company law. Addition to the existing SE Statute, the EU Commission has also proposed a new corporate form, Societas Private Europaea (private limited liable company). All of this development in European company law will help firms make their best choice for company establishment. The Delaware-style development in the EU will foster the race to the bottom, thereby improving the contents of company law. To conclude, the study on the development of European company law becomes important to understand the evolution of company law and harmonisation efforts in the EU.

• Korean Security Journal
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• no.57
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• pp.177-203
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• 2018

Police Assigned to Special Guard Act was legislated in 1962 to solve issues regarding the protection of various staple industrial installations, and in 2001, the Security Services Industry Act was revised to establish an effective security system for important national facilities. Thereby the Special Guards System was instituted. The current law has two parts, with the Police Assigned to Special Guard System and Special Guards System, and many scholars have actively discussed the appropriateness of the integration of both systems to solve problems caused by a bimodal system. However, in spite of these discussions taking place in the academic world, the idea of unification lost its power when the guarantee of status regulation was established for the police assigned to special guard. Strictly speaking, police assigned to special guard is a self-guard, and a special guard is a contractual guard. So, both of them have pros and cons. Thus, it would be desirable to give a legal, constitutional guarantee for both systems by strengthening each of them and making up for the weakness of each of them rather than trying to unify police assigned to special guard and special guard. To begin this process, we need to revise unreasonable legal provisions of Security Services Industry Act and Police Assigned to Special Guard Act as below. First, since the actual responsibilities of special guards and police assigned to special guard duty are the same, we need to make the facilities which they use equal. Second, legal provisions need to be revised so that a special guard may perform the duties of a police officer, according to the Act on the Performance of Duties by Police Officers, within the facility that needs to be secured in order to prevent any vacancy in the guarding of an important national facility. Third, disqualifications for the special guards need to be revised to be the same as the disqualifications for the police assigned to special guard duty. Fourth, it is reasonable to unify the training institution for special guards and for police assigned to special guard duty, and it should be the training institution for police. On-the-job education for a security guard needs to be altered to more than 4 hours every month just like the one for police assigned to special guard duty. Fifth, for a special guard, it is not right to limit the conditions in their using weapons to 'use of weapon or explosives' only. If one possesses 'dangerous objects such as weapon, deadly weapon, and so on' and resists, a special guard should be able to use their weapon against that person. Thus, this legal provision should be revised. Sixth, penalty, range of fines, and so on for police assigned to special guard duty need to be revised to be the same as the ones for a special guard. If we revise these legal provisions, we can correct the unreasonable parts of Security Services Industry Act and Police Assigned to Special Guard Act without unifying them. Through these revisions, special guards and police assigned to special guard duty may develop the civilian guard industry wholesomely under the law, and the civilians would have a wider range of options to choose from to receive high quality security service.

• (The) Research of the performance art and culture
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• no.20
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• pp.251-307
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• 2010

Manbojeonseo, a kind of an encyclopedia published several times in Ming Ch'ing dynasty, includes useful information for scholars and common people on daily lives. In 1720, Manbojeonseo was first introduced to Joseon(朝鮮) dynasty by the diplomatic corps visiting Ch'ing dynasty, and widely circulated in the society as an useful information magazine or an individual collection of reference book. Since Manbojeonseo includes the systematically-organized contents of Geumdoron(琴道論, a theory of a heptachord), it could provide a useful reference when the Geumdoron was inserted as the contents of old scores. For an instance, Obultan(五不彈), Tangeumsuji(彈琴須知), and Taeeumgibeop(太音紀法) recorded in Hangeumsinbo(韓琴新譜, 1724) clearly acknowledge Manbojeonseo as their common source. In this paper, the order and the contents of Geumdorons from four different Manbojeonseo are compared. At first, the comparative analysis of Manbojeonseo (1610) edited by Seo Giryong(徐企龍) and Manbojeonseo(1612) edited by Yu Jamyeong(劉子明) are carried out focusing on the contents of the Geumdoron, where both Manbojeonseos contain considerable amount of Geumdoron sections. The tables of the contents in both Manbojeonseos are composed of upper and lower levels classified into 4 large divisions for each. While the contents of the upper level is presumably older and focused more on the theory of the cardinal virtues, the contents of the lower one is relatively new and centered more on the skills for the real play of a heptachord(琴), the lyrics and the musical scores composed of Gamjabo(減字譜). Therefore, it could be said that the upper level is metaphysical while the lower level is physical. One of the differences between those two Manbojeonseos lies in the order and the terminology found in the large divisions. In the case of Manbojeonseo(1612), some terms in the large division represent and theoretically group the detailed descriptions in the small divisions such as 5 demands or 7 taboos in the play of the heptachord. In addition, a few lower divisions were newly added or revised in order to enhance the completeness of Geumhangmun(琴學門, study of a heptachord), and the detailed classification was revised and polished to improve the reasonableness. In Manbojeonseo(1614) composed by the same editor as Manbojeonseo(1610), the contents of the Geumdoron become much briefer than those of Manbojeonseo(1610) and Manbojeonseo(1612). In the case of Manbojeonseo(1739), a new type of the Geumdoron is included called Oeumjeongjobo(五音正操譜) while carrying a similarly brief section of the Geumdoron. Finally, the Geumdorons in Manbojeonseo and several old scores are comparatively analyzed. While the Geumbo(琴譜) owned by Gugagwon(國樂院) and Hangeumsinbo contains relatively old Geumdoron, Yuyeji(遊藝志) and Bangsanhanssigeumbo(芳山韓氏琴譜) adopt practical and relatively new Geumdorons different from the former old scores and similar to Manbojeonseo(1739) considering the order and the contents. In particular, the contents of the Geumdoron in Geumheonakbo(琴軒樂譜) is notably unique containing much of the upper and the lower levels of Manbojeonseo(1612), therefore thought to have actively adopted the contents of new Geumdorons.

• (The) Research of the performance art and culture
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• no.36
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• pp.505-530
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• 2018

The purpose of this study is to examine the meaning of learning methods for education to transmit the items designated as intangible cultural heritages focusing on Seoul-gut. Recently, as the Act on the Preservation and Promotion of Intangible Cultural Heritages was promulgated, 'the archetype' instead of 'the prototype' has become highlighted as a crucial axis for transmission. Although there are some controversies over the definition of the archetype among scholars, it is now possible for transmitters to make use of transformations rather freely being freed from strict orientation to the prototype to follow some fixed frame. Examining learning methods used in education to transmit mudang-gut, one of the items designated as intangible cultural heritages, however, this author has found that the prototype is still emphasized or in the center of learning instead. Presenting learning methods employed for Hwanghaedopyeongsansonoreum-gut of a national intangible cultural heritage, Namijanggunsadang-gut of Seoul Special City's intangible cultural heritage, and Bonghwasandodang-gut as examples, this researcher intends to reveal the reality. In the recent situation that education centering around academies is being widely spread to transmit mudang-gut, setting forth the designation of some of the items as intangible cultural heritages, they are publishing articles on newspaper as an advertisement to encourage learning about mudang-gut. Responding to the advertisement, there are more and more shamans intending to learn mudang-gut coming to the society for preserving items designated as intangible cultural heritages. They can, of course, perform mudang-gut on their own but come to learn it as there is no fixed or definite system for it. Even though the concept of the archetype was introduced, as now it is possible to learn the fixed frame through learning about the prototype regarding the item of mudang-gut as an intangible cultural heritage, those involved in shamanism are coming to it more and more. As transmitting the prototype rather deteriorated the liveliness of gut, those involved in shamanism are coming to it to learn about gut thinking that it is where they can learn the basic frame and also acquire more detailed knowledge about shamanism. Therefore, it is needed for the item of mudang-gut designated as an intangible cultural heritage to accept the aspects of change and develop new methods of education to transmit intangible cultural heritages.

• Cross-Cultural Studies
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• v.48
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• pp.67-106
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• 2017

This study focuses on two specific history of Korean literature in Chinese: the outline of The History of Joseon Literature (2010) by Li Yan and The History of Joseon Literature (1988, 2008) by Wei Xu-sheng; it was conducted to compare narrative viewpoints to the history of South and North Korean literature and therefore identify distinguishable characteristics. As a result, the following was concluded. First, The History of Korean Literature by Cho Dong-il and The History of Korean Literature in North Korea (15 volumes) include thorough discussions on division of historical eras, concept of genres as well as individual literary works and applied such discussions on writing literary history. However, Wei Xu-sheng and Li Yan's The History of Korean Literature did not illuminate theoretical discussion of South and North Korea. Li Yan's outline of The History of Joseon Literature was published in 2010 and the first edition of Wei Xu-sheng's The History of Joseon Literature was published in 1986 and later was published as revised editions in 2000 and 2008. Regarding published dates, it is a matter of course to reference Cho Dong-il's The History of Korean Literature, published in the 1980s, or The History of Korean Literature in North Korea (15 volumes), published in the 1990s; nevertheless, neither Wei Xu-sheng nor Li Yan used those texts in their works. Their works were heavily influenced by the narrative tradition of the history of national literature and therefore, entailed unsophisticated discussion on the division of historical eras or the concept of genres. Second, those two texts also emphasized external factors such as politics, society, economy and culture and explicitly mention these factors in historical overview of each chapter. Such an approach is commonly used in narratives of literary history under socialist regimes, including The History of Korean Literature in North Korea (15 volumes). Accordingly, evaluations based on 'political standards' - stress of people, nationality, practicality and so forth - in main texts are particularly accentuated, akin to narratives of literary history under socialist regimes. Finally, since those two Korean literature history works are written by Chinese scholars, they focus on correlation between Chinese literature history and Korean literature history. However, several genre-related terminologies such as Xiaopin (a kind of essay), Yuefu (a kind of popular song/poem), Yuyan (fable), Shuochang (telling of popular stories with the interspersal songs), Shizhuan (biography or/and memoirs in history) were adopted directly from Chinese literature. In analyzing Korean literature using terminologies introduced from Chinese literature, differences between original and alternative definitions were not examined in detail. While some terminologies and concepts were adopted directly without further consideration as to state of the two nations, it is also interesting to note that dichotomy, mainly used in Korean literature history, was used to discuss the genre of Cheonki (romance tale), relevant to Suyichon and Keumosinhua, rather than follow traditions of Chinese literature history.

• Journal of Korean Philosophical Society
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• v.117
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• pp.327-354
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• 2011

This study has a key assumption that 'characteristics of discouse can be found in not its inside, but its outside'. The prism through which we can see those characteristics was provided by Foucault and Bakhtin who were introduced in the study. As an effort co probe the outside of discourse, the study is briefed 'the three attributes of discourse' that were suggested by Foucault First, discourse has the principle of selection and exclusion, which is based on power relations. Second, discourse is not transparent at all since it is always offensive towards other discourses and defensive against selected ones Third, discourse which is naturally accepted because of its dailiness had a deep structure secretly hidden in it. Based on the above attributes, Foucault and Bakhtin paid their attention to the outside of discourse. Specifically, they considered discourse fundamentally and went beyond it, and reflected the procedures of discourse. This study focused on 'Socrates', something common in the two scholars' works with discourse. In dealing with discourse, Bakhtin started with 'Socratic dialogue' that is based on the dialogic nature of human thoughts which purse the truth. For Foucault, it was Socrates who had the 'courage to cell the truth' and practiced 'self-consideration'. According to Foucault, the ethics of self-practice originated from the philosopher. The ethics is neither the precise representation of individual life that is withdrawn towards the inner self, nor the skills of happiness. It is just relational and cross-sectional. For a better understanding, this study pointed out that Kafka created a variety of 'dialogic voices' focusing on the outside of discourse. Dialogues found in his writings are 'interminable dialogues' that truly 'communicate with different times and different spaces'. For example, his novel, 'Der Prozess' opens the possibility of discussing in various ways the court which is look beyond conventions and extraordinary. Kafka's novels have a structure that their starting point found at the introduction reappears at the termination, presenting multi-vocal dialogues.

• The Korean Journal of Archival Studies
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• no.12
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• pp.179-235
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• 2005

In this article, the task of evaluating the official documents that were created and issued by the Joseon Governor General office during the Japanese occupation period, with new perspectives based upon the Macro-Appraisal approaches developed by the Canadian scholars and personnel, will be attempted. Recently, the Canadian people and the authorities have been showing a tendency of evaluating the meaning and importance of a particular document with perspectives considering the historical situation and background conditions that gave birth to that document to be a more important factor, even than considering the quality and condition of that very document. Such approach requires the archivists to determine whether they should preserve a certain document or not based upon the meaning, functions and status of the entity that produced the document or the meaning of the documentation practice itself, rather than the actual document. With regard to the task of evaluating the official documents created and issued by the Joseon Governor General office and involved the city plans devised by the office back then, this author established total of 4 primary tasks that would prove crucial in the process of determining whether or not a particular theme, or event, or an ideology should be selected and documents involving those themes, events and ideologies should be preserved as important sources of information regarding the Korean history of the Japanese occupation period. Those four tasks are as follow: First, the archivists should study the current and past trends of historical researches. The archivists, who are usually not in the position of having comprehensive access to historical details, must consult the historians' studies and also the trends mirrored in such studies, in their efforts of selecting important historical events and themes. Second, the archivists should determine the level of importance of the officials who worked inside the Joseon Governor General office as they were the entities that produced the very documents. It is only natural to assume that the level of importance of a particular document must have been determined by the level of importance(in terms of official functions) of the official who authorized the document and ordered it to be released. Third, the archivists should be made well aware of the inner structure and official functions of the Joseon Governor General office, so that they can have more appropriate analyses. Fourth, in order to collect historically important documents that involved the Koreans(the Joseon people), the archivists should analyze not only the functions of the Joseon Governor General office in general but also certain areas of the Office's business in which the Japanese officials and the Koreans would have interacted with each other. The act of analyzing the documents only based upon their respective levels of apparent importance might lead the archivists to miss certain documents that reflected the Koreans' situation or were related to the general interest of the Korean people. This kind of evaluation should provide data that are required in appraising how well the Joseon Governor General office's function of devising city plans were documented back then, and how well they are preserved today, utilizing a comparative study involving the Joseon Governor General office's own evaluations of its documentations and the current status of documents that are in custody of the National Archive. The task would also end up proposing a specialized strategy of collecting data and documents that is direly needed in establishing a well-designed comprehensive archives. We should establish a plan regarding certain documents that were documented by the Joseon Governor General office but do not remain today, and devise a task model for the job of primary collecting that would take place in the future.