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Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)

  • Cho Dae-Yun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.273-314
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    • 2004
  • There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

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The Social Influence of the Landscape Architecture Engineer Examination on the Establishment of Authenticity in Landscaping History Department (조경기사 '조경사' 과목이 조경역사학(造景歷史學) 분야의 진정성 확립에 미친 사회적 영향)

  • Lee, Chang-Hun;Shin, Hyun-Sil;Kim, Kyu-Seob;Lee, Won-Ho
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.36 no.3
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    • pp.128-136
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    • 2018
  • This study was centered on the protested data of the issue of "History of Landscape Architecture" in the handwritten course of landscaping articles of National Qualifications Test. The purpose of this study is to examine the types of social problems in the process of correcting erroneous historical facts. The purpose of this study was to find alternatives for the development of the field of landscape and culture history that can assist in the verification of the historical facts of the landscape sciences examination questions. The main results are as follows. First, as a result of analyzing the contents of the landscape architects' subject matter, the establishment of concept of landscape style and form and the confirmation of historical facts were investigated as important types to be established for development of landscape landscape history department. It seems that the social consensus of the expert group is needed to supplement the lack of data to refer to landscape architectural theory. Second, the analysis of the problematic narrative contents resulted in a total of five types of questionnaires. The appeared in the Undefined style and form(52.94%), Unproven historical facts(25.13%), Obscurity Era classification(11.77%), Lack of specificity(6.95%), Content scope of obscurity events(3.21%) Third, it is not only the lack of information to learn the theory by comparing and analyzing the contents of the statements in the landscape architect 's question items, but also the difference of contents between books was analyzed as the main cause of the problem. As a result of examining the characteristics and examples of the issues raised in landscape architectural problems, it was related to the social phenomenon, and it was classified into cultural factors and political factors. Fourth, the resolution of problematic issues in landscape architects' landscaping articles, which are national technical qualification tests, shows positive results. The information determined in the process of solving the perceived content can be used directly in landscaping field, and it helps the accuracy of the verification process by identifying the types and characteristics of the issues.

A Study on the Justification for Disciplinary by the reason for Whistle-blowing (근로자의 내부고발을 이유로 한 징계의 정당성)

  • Choi, Hong-Ki
    • Journal of Legislation Research
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    • no.44
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    • pp.611-653
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    • 2013
  • An whistle-blowing is recognition of acts of misconduct or corruption by individuals(laborers) or party which belongs to a certain organization and it refers to the act of informing to the senior organization or to the outside public agency to avoid jeopardies that could be potentially lead against benefit of the public. These whistle-blowings can be a Ansatz that improve corporation's transparency and accountability by prevention of enterprise's misconduct as well, it has been recognized as an important role for the establishment of corporate ethics, moreover, social justice. What to be treated primarily as labor law problem is arousing some controversies of the possibility that the public announcement could be whether a disciplinary punishment or not because it brings some mischievous effects for the honor and the reputation to the company which conducted the illegal actions and the action of the contrary to the social value. And futhermore, recently, the matter of compensational responsibility according to the arrangement conversion, bullying followed by the informant has been brought up. The fundamental standpoint of precedent related with the judgement of justification for the punishment as reason of the whistle-blowing ought to do the sincere duty for the labor contract which is the employees are supposed to consider the employer's profits. For that reason, if the emploee release the inside fact to the public and give any damages to employer's secret or confidence or honor, it will be a causing reasong of the disciplinary punishment, but in specific cases, the relevant and level of punishment limitation can be judged by the contents of public announcement and the truth, the purpose of the acts and details and the way of announcement. Precisely, on the assumption that there are necessity of the characteristic profit or the freedom of expression for the informant, with overall consideration whether or the basis part of the informant is true or there is a fair reason which make the informant believe is true or the purpose of informant has the public profit or the contents of the whistle-blowing are important for relevant organization or the means and the way was suitable, if the whistle-blowing are approved to be resonable, the organization are not permitted the reprimand or dismiss Futhermore, to find the solution for the issues of the disciplinary punishment and the treatment of all sorts of disadvantages, for the reason of whistle-blowing, since the protection law for public declarer which was enacted in last 2011 have the position as the general law, the purport of the equal law has to be considered sytematically and also the judicial precedent which is related to the justification of whistle-blowing are needed to be considered as well.

학교도서관 발전의 저해요인에 관한 실증적 고찰 -일학교장의 학교도서관에대한 인식을 중심으로-

  • 김남석;김정소
    • Journal of Korean Library and Information Science Society
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    • v.7
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    • pp.1-55
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    • 1980
  • It has been observed that the purpose of education is poorly coordinated with the school library. Consequently a healthy growth of the library has been very rare, and educational process has been rather inefficient. Therefore this study attempts to define the role of a school library and the necessasity of its growth, examine principals' concepts of the library, find out the adverse causes for its growth, and make some suggestions to rectify them. A questionnaire was designed to get information on the principals' conceptions about the nature and the role of a school library, a librarian, and adverse causes for the growth of the library. This study is largely based on the analysis of this questionnaire. The results of this study may be summarized as. follows: 1) The school library is not generally considered as the center of educational activities. It is rather variously regarded as a subsidiary organization for education, a place where reading materials are offered, a place where books are kept, or a reading room. 2) This was largely due to the misconceptions of the principals as to the true nature and the role of the school library. 3) The degrees of their misconceptions varied depending on the amount of their exposure to the library science. Those principals who studied library science more hours had better understanding of the library. 4) Although the principals showed rather much concern for the library, the school library was not up to the expectation largely due to their misconception of it. 5) Most of the principals felt that they needed more knowledge on library science to carry out their job. This feeling was stronger for those who spent more hours in a library science course. 6) Most of the principals wanted to offer a position for a dual function: a librarian and a teacher. This was largely due to their lack of knowledge as to the duties of a librarian-which were considered as secondary to the duties of a teacher. 7) The majority of the principals thought the librarians were not paid well enough, but some of the principals o n.0, pposed their pay raise. The former generally took more courses in library science than the latter. 8) Many principals agreed that the adverse causes for the growth of the school library originated from the regional or governmental school authorities. This seemed to indicate that the legal requirements for the library were inadequate and that there was no administrative organization to take care of the library. 9) Most of the principals considered the insufficient funds as the major reason for the present poor condition of the library. But considering the fact that some libraries are better equi n.0, pped that others, financial matter cannot be the deciding factor. It rather seemed that there is some serious problems in the current educational system. For further studies in this field and for the libraries to function properly, the following suggestions are made here: 1) The major adverse cause for the healthy growth of the school library was found in the misconceptions on the school library by the principals, and these misconceptions were largely due to their lack of knowledge. Therefore they should be given more o n.0, pportunities to take courses in library science. 2) The librarian should not be overburdened with other duties than what his job duly calls for, and they should be properly compensated for their own job. They should also be encouraged to grow as librarians. 3) Education itself should be improved so that the library becomes the center of learning. 4) An administrative department should be created to oversee the school libraries, and legal measures should be enacted for better school libraries. 5) Financial su n.0, pport should be provided for a period of time in order to upgrade the school library to a certain level. Finally it is strongly felt that more detailed and inclusive studies in this field should be carried on and further experimental studies should be done.

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STUDIES ON THE DIMORPHISM OF THE PERSICARIA SENTICOSA NAKAI (Persicaria senticosa Nakai의 Dimorphism에 관한 연구)

  • HARN, Chang Yawl
    • Journal of Plant Biology
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    • v.3 no.1
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    • pp.16-25
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    • 1960
  • HARN, Chang Yawl (Chonnam U. Kwangju, Korea): Siudies on the dimorpism of the Perisicaria senticosa Nakai-Kor. jour. Bot. 3(1) 16-25 During his researches regarding the morphological and physiological properties of Polygonecenae, the author has found that the species, Persicaria senticosa, aiso, besides the heterostylous plants of Polygonum family, Fagopyrum esculentum, and Persicaria japonica which was recently verified by the author as dimorphic, shows the typical floral structure of heterostylism, the description of which is not found in taxonomical works. Further research on this species have revealed that this plant, despite pressessing characteristic structural dimorphism, does not exhibit even the slight signs of heterostlylous properties physiologically. This is a deviation from the usual behavior of normal heterostylous plants. What is interesting is the fact that the physiological behavior of this species is quite contrary to that of P. japonica which is considered to be the most highly specialized dimorphic plant. Thus it is assurred that if some species of this family had taken a heterostylic form in its course of development from autogamy to allogamy, P. seoticosa would be the least differentiated type of dimorphic forms among the three heterostylous plants, including buckwheat, of this family. The results obtained in this experiment are summarized as follows: 1) P. senticosa has two forms of flower, one, long style-short stamened; the other, short style-long stamened. Not only conspicuous is this primary difference, but the secondary difference, such as pollen grain size, is noticeable between long and short styled individuals, thus expressing structurally the definite trait of a dimorphic plant. 2) Structural alteration of floral parts towards dimorphism has preceeded far less in comparison with those of the P. japonica and F. esculentum. 3) Elaborate studies on fertility reveal that this species does not show the slightest sign of the physiological characteristics of dimorphic plants. In other words, regardless of the modes of combinations, legitimate and illegitimate, fertilization and fruit setting flourish unimpaired. 4) Growth of pollen tubes apparently parallels the results in the fertility, tubes reaching ovary approximately 30 minutes after pollination both in legitimate and illegitimate combinations. Pollen tube penetration appears to be comparatively rapid. 5) A slight difference in the growth of pollen tube seems to exist between legitimate and illegitimate combinations, legitimate union giving slightly faster tube penetration. 6) In the present experiment it was clarified that P. senticosa, known to possess one form of flower in taxonomy, is in reality dimorphic plant having two of flowers. Although this species is definitely heterostylous in floral structure, physiological evidence and pollen tube behavior show that the differentiation of this plant toward the dimorphism has apparently proceeded slightly except for some parts of floral organ. In ordinary heterostylous plants it is a matter of common occurrence that when illegitimately cmbined, there is poor or no fertility, Contrary to the universal property of heterostylous plants, no difference is observed in the fertility and pollen tube growth between the legitimate and illegitimate combinations in the case of P. senticosa. Compared to the P. japonica and F. esculentum, which are supposed to have undergone high degree of dimorphic differentiation, it is an unavoidable conclusion that P. senticosa has not yet developed as a heterostyle plant except for some of its floral parts. If P. japonica is assumed to be the most differentiated type of hetenostylous plant, thenthe P. senticosa would be regarded as the primitive, retaining still the self-fertile nature so common to the Polygonum genus. In nature, however, this plant has a better chance to be pollinated legitimately owing to the two forms of flowers than to be pollinated illegitimately. The author is indebted to Dong Chul, Kim as well as other members of the Department of Plant Breeding and Genetics of Chonnam National University for their efforts out the laborious experiments during the course of the present studies.

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Legislative Study on the Mitigation of the Burden of Proof in Hospital Infection Cases - Focusing on the revised Bürgerliches Gesetzbuch - (병원감염 사건에서 증명책임 완화에 관한 입법적 고찰 - 개정 독일민법을 중심으로 -)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.159-193
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    • 2015
  • Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

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A Study on Effective Management & Administration System for Deluxe Hotel Kitchen in Seoul Area. (관공호텔 조리직무의 분업과 통합에 따른 문제점과 개선방안에 관한 연구)

  • 라영선
    • Culinary science and hospitality research
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    • v.1
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    • pp.57-89
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    • 1995
  • Despite prologed business stagnation of both international and domestic economy, hotel business as well as tourist industry has continuously been keeping growing, owing to increase of surplus income and world flowing population. During recent 4 years, growth rate of yearly mean in domestic hotels reached 9.9% and especially that of the superior class hotels 15.2%. In the composition of domestic tourist hotel's revenue, the earnings of guest rooms form 37.4%, on the other hand those of food & beverage 39.9%. This result is that our hotel business is concentrated on its interest in FOOD & BEVERAGE of which productivity per unit dimension can be increased to an unlimited extent and extent and superior class hotels strengthened in F&B are increasing in comparison with European or American hotels which are focused on guest rooms in their management. For value added rate of F&B is low as compared with increase of their earnings, they are interested in the management techniques which focus on rising the rate. As for the cost of Food & Beverage, personnel expenditure forms 36.5% and the direct materials 31.5%. Therefore how to manage personnel and materials costs which compose as much as 68% of total revenue will greatly affect net profit. We can say that an effective management technique in cost of Food & Beverage is one of the most important know-hows in hotel management. Especially management know-how for the Kitchen Department where the most of foods come out makes a great effects on various expenses, productivity and it is the achievement from hotel management. For the most of the hotel's top managers, they don't seriously take the fact that KITCHEN SYSTEM affects greatly total expenditure. This study starts from the point of recognizing the question of fundamental cause affecting tow largest cost elements incurred in Food & Beverage and trying to present an effective kitchen system. To settle the questions raised, I compared and analyzed productivity and cost of food & beverage and unit kitchen centered around superior class hotels in Seoul, which vary in Kitchen Systems. In order to attain the aforementioned study effectively purpose of this study, I compared Room-Service and Coffee-Shop Menu, flow of basic food in the kitchen, extent and result of division of labor and integration in the kitchen, scale of outlet kitchen, productivity, the turnover rate of food in store, food cost rate one another which all vary in Kitchen Systems. All these elements are compared and analyzed each other being divided into two main groups such as①. Main Production kitchen and Banquet Kitchen, and ②. coffee-shop kitchen and Room-service Kitchen. Therefore this study is to point out the problems in managing kitchens of superior class hotels which are different in systems. An effort was made to find out the better Kitchen System for superior deluxe hotels. I emphasize the followings on the proper scale of division of labor and integration of unit kitchen and a disposition plan for outlet kitchens of restaurant. First, KITCHEN SYSTEM as a sub-system of Hotel Management System is composed of sub-systems of outlet unit kitchen. Basic food materials are cooked and served for the guests while support kitchen and out restaurant kitchen interact organically each other. So Kitchen should be considered as a system composed of integrated sub-systems. Second, support and banquet kitchens should be integrated to be managed. And these unit kitchens have to be designed to be placed in the back of banquet rooms area. Third, coffee-shop kitchen and room-service kitchen should be integrated to be managed. Fourth, several unit business kitchens should be place on the same floor. Fifth, main production kitchens ought to be located near the loading duck, food store and large refrigerator. Sixth, considering the limits of supervision, duties should be adjusted as 12-20 cooks in two shifts a day for a sub-kitchen, and 18-30 cooks in three shifts a day so that labor division can be made. Last, I would like to two points for direction and task of future study. Firstly, I compare the effective income and increasing costs each other, which are incurred by increasing the use rate of the second processing materials for foods perched outside and through the results. I can find out the better points of the processing production and circulation system, and then I study this effects made on hotel kitchen system. Secondly, I can point out that more efficient kitchen system shall be established through comparing and analyzing the matter of amount of indirect costs and flow of food in different kitchen systems.

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A STUDY OF SACREDOTAL ROBE FOR QUEEN IN CHO-SUN DYNASTY (조선왕조(朝鮮王朝)의 왕비법복(王妃法服)에 관한 연구(硏究))

  • Hong, Na-Young;Ryou, Hi-Kyung
    • Journal of the Korean Society of Costume
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    • v.7
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    • pp.5-19
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    • 1983
  • Sacredotal robe(法服) means full court dress. We can't know about the shape of sacredotal robe before Dae-Han Empire(大韓帝國) since there are no remains of it. The study of sacredotal robe for queen have also been made centering around the socredotal robe granted from Ming(明) dynasty and the system of Juck-Eui(翟衣) in Dae-Han Empire. In this thesis I tried to study about the sacredotal robe for queen from King Gong-Min(恭愍王) of Koryeo(高麗) dynasty to the close the Cho-Sun(朝鮮) dynasty by investigating the Literature of Cho-sun Dynasty Chronicles(朝鮮王朝實錄), Ga Rae Do Gam Eui Gue(嘉禮都監儀軌), Sang Bang Jung Rae(尙方定例), Gook Hon Jung Rae(國婚定例), Sok-Orae Eui-Bo(續五禮儀補), and Dae Myung Whe Jeon(大明會典). The first documents on sacredotal robe for queen is regarded as that in the period of King Gong Min., which says that Chil Whee Gu Bong Gwan and Juck Eui of the 9th grade had been given from Ming dynasty. The sacredotal robe for queen in Chosun had been granted from Ming dynasty since the 3th years of King Tae-Jo(太祖) to the 3th years of King In-Jo(仁祖). They were Ju Chui Chil Juck Gwan, red Dae Sam(大衫), Bae Ja(褙子) embroidered with. pheasants on blue silk, and ivory flat baton (笏), which belonged to the court dress for the first class of court lady. When Qing(淸) dynasty succeeded to Ming dynasty, Cho-sun adopted the system of luck Eui which had it's origin in the system of Ming, denying to comply with Chung. But as a matter of fact, the system of sacredotal robe for queen actually used was one which were different from the dress system of Ming and converted into our national ways. In the latter period. of Cho-sun, the system of Bae Ja or Juck Eui were used together until the period of King Young Jo(英祖), and the system of Juck Eui which was written in Gook Hon Jung Rae was continually used from King Young Jo to the close of Cho-sun. It was composed of Juck Eui, Beol Eui(別衣), Nae Eui(內衣), Pe Sool(蔽膝), Dae Dae(大帶), HaPi, Sang(裳), Ok Dae(玉帶), Pae Ok(佩玉), Gue(圭), Mal(襪), Suk, and Myun sa(面紗), The headdress was used in our own ways, not complying with Juck Gwan(翟冠). The color of Juck Eui was red for queen, deep blue for the consort of the crown prince. The color of Juck Eui in DaHan Empire was deep blue, different from that of Juck Eui in Cho-sun. Bo(補) for queen wus embroidered with dragon with five claws and the one for the consort of crown prince with dragon with four claws. The back length of Juck Eui was longer than front about 28cm (1尺), and the front opening was straight down. 51 motifs of a brace of pheasants which were similiar to Bong(鳳) were embroidered on Juck Eui for queen. But we can't find out whether there 31 or 51 on Juck Eui for the consort of the crown prince. The system shows independant aspects, because there are Bo, Myun Sa, Sang, Ha Pi, Beol Eui, and Nae Eui which were not found in the system of Ming. As mentioned above, I have studied on the sacredotal robe for queen. But we can't guess the detail of sacredotal robe for queen, because there are no remains at all. Therefore I expect more study on this.

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American Culture at the Crossroad : Debates over NEA(National Endowments for the Arts) (미국 문화, 그 기로에 서서 - NEA(국립예술진흥기금)를 둘러싼 논쟁 중심으로)

  • Kim, Jin-A
    • The Journal of Art Theory & Practice
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    • no.4
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    • pp.33-56
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    • 2006
  • The cultural debates between conservatives and liberals at the end of the 1980s and in the early 1990s were termed as "culture wars." The "culture wars" involved a diverse range of controversial issues, such as the introduction of multicultural curricula in educational institutions, prayers in schools, whether to allow gays to serve openly in the military, and whether abortion should be permitted. The most heated debates of the "culture wars" regarding art raged over the NEA and the question of whether Andres Serrano's works should have been publicly funded, in addition to the exhibition "Robert Mapplethorpe: The Perfect Moment" which were charged as projecting "obscene" or "blasphemous" images. This paper examines the development of culture wars in art and focuses on several issues invoked by the NEA debates. However, it is not a detailed chronological investigation. Rather it pays attention to the several phases of the debates, analyzing and criticizing the clashes of the political and esthetical points of views between conservatives and liberals. How could NEA funding, a mere fraction of the federal budget, have become so critical for both sides(conservative and liberal), for politicians and artists' groups, and for academics and the general public? The art community was astounded by this chain of events; artists personally reviled, exhibitions withdrawn and under attack, the NEA budget threatened, all because of a few images. For conservative politicians, the NEA debate was not only a battle over the public funding of art, but a war over a larger social agenda, a war for "American values and cultures"based on the family, Christianity, the English language, and patriarchy. Conservative politicians argued the question was not one of "censorship" but of "sponsorship," since the NEA charter committed it to "helping museums better serve the citizens of the United States."Liberals and art communities argued that the attempt to restrict NEA funding violated the First Amendment rights of artists, namely "free speeches." "No matter how divided individuals are on matters of taste," Arthur C. Danto wrote, "freedom is in the interest of every citizen." The interesting phase is that both sides are actually borrowing one another's point of view when they are accompanied by art criticism. Kramer, representative of conservative art critic, objected the invasion of political contents or values in art, and struggled to keep art's own realm by promoting pure aesthetic values such as quality and beauty. But, when he talked about Mapplethorpe's works, he advocated political and ethical values. By contrast, art experts who argued for Mapplethorpe's works in the Cincinnati trial defended his work, ironically by ignoring its manifest sexual metaphor or content although they believed that the issues of AIDS and homosexuality in his work were to be freely expressed in the art form. They adopted a formalistic approach, for example, by comparing a child nude with putti, a traditional child-angel icon. For a while, NEA debates made art institutions, whether consciously or unconsciously, exert self-censorship, yet at the same time they were also producing positive aspects. To the majority of people, art was still regarded as belonging to the pure aesthetic realm away from political, economical, and social ones. These debates, however, were expanding the very perspective on the notion of what is art and of how art is produced, raising questions on art appreciation, representation, and power. The interesting fact remains: had the works not been swiped in NEA debates, could the Serrano's or Mapplethorpe's images gain the extent of power and acceptance that it has today?

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The Fashion Professionals Required by the Ladies Apparel Manufacturers in Daegu (대구지역 숙녀복업계 기업주가 요구하는 패션전문인)

  • 김효은
    • Journal of the Korea Fashion and Costume Design Association
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    • v.4 no.1
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    • pp.111-130
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    • 2002
  • This study performed a structural questionnaire survey and non-structural interview of the ladies apparel manufacturers in Daegu on the qualification for the employees, skills required for job performance, job training, automatic manufacturing systems, and the use of computer. The results are as follows. 1. Almost all of the apparel manufacturing systems were Pair System, except one Line System in one company. In terms of outsourcing, most of the manufacturers answered “yes,” and in 1998 the outsourcing process was sewing, but in the year 2002, outsourcing has been increased :12 manufacturers(57.1%) outsourcing most of the processes except patterning, 3(14.3%) outsourcing the finish of sewing. 2. The workforce of 1998 and that of 2002 shows a significant difference(P<. 01) between office work and management. The number of office workers has decreased from 15 down to 5.3 people. On the other hand, that of the management has slightly increased from 5.3 to 9.2 people. The number of the manual workers has decreased from 32.2 to 28.7 people. And the number of tailoring and patterning workers has slightly decreased, but the number has increased in sewing from 3.7 to 7.0 people. 3. The wage of an employee shows a significant difference between a sewing assistant(P<. 01) and a production manager(P<. 05), and the wage of a sewing assistant, in particular, has slightly raised from ₩905,000 to ₩1,054,000. 4. The qualifications required of employees are “cooperative human relations”(30.8%), “diligence,” and “ability for job analysis”(26.9%), and “positive thinking” (15.4%) in 1998, and “ability for job analysis”(38.5%), “cooperative human relations”(34.6%), and “positive thinking” (15.4%) in 2002. The areas for job openings are significantly different(P<. 01) depending on the year. Job openings in the design section has increased from 1(3.8%) to 16 manufacturers (61.5%), and decreased in tailoring section from 22(84.6%) to 2 manufacturers(7.7%). Job openings in the sewing section have increased form 2(7.7%) to 6 manufacturers (23.1%). In terms of sex of the employees, there is a significant difference(P<. 001). 19 companies(73.1%) wanted “male” in 1998, but 8 companies(30.8%) answered that they want “female” and 17 companies(65.4%) answered that “it does not matter.” About the educational background, there was a significant difference between the years. The number of the companies that want junior college graduates with an associate degree has increased(15 companies(57.7%). There was a significant difference(P<. 05) in major of the employee. The number of the companies that want fashion majors has increased from 5(19.2%) to 20(76.9%). 5. In terms of job skills required, there was no significant difference. In 1998, “production skills” (46.2%) and “ability for job analysis” (26.9%) were required, and in 2002, “ability for job analysis” (42.3%) and “emotional skills” (26.9%). 6. In regard to training for job skills, “fashion professional training” has slightly decreased from 65.4% in 1998 to 46.2% in 2002, however, “training for job analysis” has slightly increased from 30.8% in 1998 to 46.2% in 2002, which indicates the fact that “fashion professional training” and “ability for job analysis” have been emphasized. 7. The number of the manufacturers purchased apparel CAD has increased from 1(3.8%) to 3(11.5%), and the number of the manufacturers that have no plan for purchase has increased from 16(61.5%) in 1998 to 15(57.7%), still taking up a big proportion. 8. About the use of computers in manufacturing, there is a significant difference(P<. 05). The number of the manufacturers using computer has increased from 5(19.2%) to 15(57.7%) and that of the manufacturers which do not use computers has decreased from 17(57.7%) to 8(30.8%). 9. In the interviews with the owners of the manufacturers, they pointed that schools should give more weight on practical training courses, the invitation of experts in the specific field, complex production systems, training courses for sewing, field trip courses, and furthering specialty education, personality and vocational education.

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