• Title/Summary/Keyword: Theory of Justice

Search Result 116, Processing Time 0.025 seconds

A Legislative Study on the Plans for its Improvements and Problems of the Lien in the Real Estate Auction (부동산경매에서 유치권의 문제점과 개선방안에 대한 입법론적 검토)

  • Jun, Jang-Hean
    • Journal of Legislation Research
    • /
    • no.41
    • /
    • pp.261-302
    • /
    • 2011
  • A lien is the right to possession the thing until receiving repayment of its bonds in some cases that the property of other person or the occupant for marketable securities receive the bond that has occurred on that property or marketable securities. This has own purpose to break 'principle of creditor equality' to protect especially the bond of the subject occupant in terms of justice. These lien on our civil law come according to the law in prepared certain requirements. However, an incomplete real rights granted by way of security that does not have a preferential performance right or seniority on the exchange value of the object suffer from the problems a lot in the real estate auction process because of the feature that is not announced in the register unlike the mortgage. In addition, the lien of real estate is not lapsed in an auction process. There is no preferential performance righ in a positive law as providing that can oppose to the buyer(a successful bidder) until received repayment the secured bond price to be compliant with the lien(Civil Case Execution Law the 91st clause of Article 5). However, as asserted the super preferential performance righ to a buyer in real terms, acts as primary cause of breaking unexpected loss and according unfair law relation to a senior mortgagee and seizor, etc. and the principles of the creditors equality to the persons concerned in other words, the principles of justice. All of these issues are the establishment of the lien and theory conflict on the effects. In spite of the fluctuations of a real right about real estate is announced as a registration by the current law, only the lien come into unclear announcement means for possession. In addition, Civil Case Execution Law argument is caused by the adoption abernahmeprinzip about the lien (Civil Case Execution Law the 91st clause of Article 5). Therefore, this paper was examined briefly the significance and purpose, history and law-making examples of each country and the valid requirements and effect of the lien that is basic principle of law about the lien system above all. And then, it will be reviewed the improvement plan for de lege ferenda to improve the issues about this after reviewing the objection, theory and judicial precedent about opposing power and preferential performance right of the lien in the real estaKey Words : Lien, Oppose Power, Mortgage right, Preferential Performance right, Seizure, Real Estate Auction, Lien who can not Opposing against Successful Bidder, Lien who can Oppose against Successful Bidder, Possessionte auction that is a fundamental problem on requirement and effect of the lien.

Delphi Survey to Develop an Analysis Framework for Mathematics Textbooks from a Critical Mathematics Education Perspective (비판적 수학교육 관점에 따른 수학교과서 분석준거 개발: 전문가 델파이 조사를 중심으로)

  • Song, Ryoon-Jin;Ju, Mi-Kyung
    • Journal of Educational Research in Mathematics
    • /
    • v.27 no.1
    • /
    • pp.113-135
    • /
    • 2017
  • The purpose of the research was to develop an analysis framework for Korean mathematics textbooks from a critical mathematics education perspective. For this, we conducted a comprehensive literature review regarding critical theory, critical education, and critical mathematics education. Based on the literature review, we derived a preliminary framework for textbook analysis. To validate the preliminary framework delphi survey was carried out twice with 21 expert panelists in the field of mathematics education and multicultural education. The first delphi survey was conducted with open-ended questions to investigate diverse opinions regarding educational goals, contents, and teaching methods of critical mathematics education. The second delphi survey was conducted with Likert-type scale and it was analyzed using Mean, Contents Validity Ratio, Degree of Consensus. As the result of the whole research procedures, the final analysis framework was developed consisting of four categories: classical knowledge, community knowledge, communicative knowledge, and political knowledge. A development of the analysis framework from a critical mathematics education perspective could give a significant impact on the mathematics curriculum or mathematic teacher education in the Korea and a meaningful initial step for the effort of practicing critical mathematics education. It is expected that this study could not only incite consideration for the better mathematics education but also expand the prospect of research and practice in mathematics education. This study would provide a new paradigm of future mathematics education with which to teach and guide students to become members of world civil society with mathematical power and critical competency.

A Study on Art's Public Features and Social Intervention by Keith Haring (미술의 공공성과 키스 해링(Keith Haring)의 사회적 개입에 관한 연구)

  • Kim, Jee-Young
    • The Journal of Art Theory & Practice
    • /
    • no.8
    • /
    • pp.59-87
    • /
    • 2009
  • This thesis started from the attempt to make it clear that 80's American artist Keith Haring(1958-1990) had conducted social intervention of criticism, resistance, and participation through his works, and so pursued public value. Haring of graffiti fame left popular and familiar cartoon style pictures on the street wall, the billboards, the posters and so on. Popular and playful works was explained as his unique characteristics, but Haring's creative way at the field has more value than just being grasped as artist's personal characteristics. Haring's work pieces became everyday art by joining with people's life, and are working as a social speaking place. So I think that these Haring's art works possess characteristics of 'the public sphere'. 'The Public Sphere' means that is independent and free from the government or partisan economic forces, so that is not connected with the interested relations, and that is the sphere of rational argumentation without 'disguise' or 'fabrication', and that is the sphere where general public can participate in and is inspected by them. The public sphere between the sphere of public authority such a nation and a market and the private sphere of free individual, it is mutually connected with them and works as the space forming public opinion. Private individuals communicate with this public sphere and perform a role of direct and indirect check, balance, and social criticism way off from power. Openness that should include the voice of not only leading power but also the socially weak such as citizens, women, homosexuals, minority races, and so on, and alienated class, is an index of the public characteristics. The public sphere is not working just with speech and mass media. Many artists as well as Haring open their mouth and act through an art at the center of society, and create another public sphere by an art. I understood that the real participatory and practical characteristics on the Haring's work is a phenomenon and current of a part of the art world including Haring. Such current started from 1960s is the in-depth effort to be connected with the life more closely, to communicate with people, and to improve problems of life. And it has pursued public value on the different way from the nation or public power. Artists have intervened in the society with strategic and positive ways in order to raise pushed-out value and sinked rights as the public agenda, and labored to accept the value of variety and difference at the society. The aspect of such social intervention is the notable features, findable on the Haring's works and process. Haring's works include art historical meanings and are expressed with familiar and plastic language, so they were able to communicate with various classes. And he secured various customers at the field and the street. This communicative and public approach factor raised the possibility much for his works to work as the public sphere. Haring presented critical and resistant speech toward society with his works based on this factor. He asserted his position and justice of gender identity as a sexual minority. And his such work continued to movement for alienated class and social week over his own rights. His speech and message on the wall painting, poster, T-shirts, billboard of the subway, and so on worked as a spectacle and pressed concern with social issues and consciousness shift. And he's been trying to protect and care people who is injured by HIV and drug and to realize social justice through social week protection. Haring's works planned to meet many people as much as possible performed its role of intervening in society through criticism, resistance, speech, and participation, and controlling and checking social issues. These things considered, Haring's works show his consciousness about public attributes of art, and obviously include public value seeking. And also we can find the meaning of such his work as that an art is working as the public sphere and shows the possibility to discuss and practice public issues.

  • PDF

심의고(深依考)

  • Kim, In-Suk
    • Journal of the Korean Society of Costume
    • /
    • v.1
    • /
    • pp.101-117
    • /
    • 1977
  • This thesis is a study of the Simui(深衣) system which was a dress regulation peculiar to old China with skirt and coat. The origin of Simui is a very long time, that is, before Ju dynasty in China. Its wearing range had a large circle irrespective of rank and good or bad luck. This was a ordinary dress to the Emperor or the lords, a below court attire or a below sacrificial rites attire to the illustrious officials, and good luck dress to the common people. But this was a funeral rites attire or coming-of-age ceremony attire in domestic behaviour. In the times of Song dynasty, lots of confucian scholars had put on this simui because of Juhi's recommendation for domestic behaviour. This Simui had been put on through all the times of China and was the original text of all the dress. Especially the court attire and silkworm working dress of Empress, and the court attire and underwear court attire of Emperor is also made out of this Simui, therefore this is a origin of the ceremonial dress which formed into long coat. In Korea it is said that this Simui was brought in prior to the middle of Goryeo dynasty. But we can't tell the correct transmitted age. According to the following records in Goryeo History, "King had put on the Simui as a sacrificial rite attire in the times of Yejong". It is sure that this Simui was brought in prior to the times of Yejong. In fact, lots of confucian scholars had put on the Simui since the introduction of confucianism in the end of Goryeo dynasty and after that time this was taken by many confucian scholars through Yi dynasty. Korean Simui system was complied with Chinese system through confucian domestic behaviour, This was respected for court dress of confucian scholars, as it were, Chumri, (an ordinary dress of scholars), Nansam (a uniform of upper student), and Hakchangui (a uniform of confucian student). There are many deta about Simui system in the book of Yeki, chapter Okcho and Simui, and other many canfucian books. But we didn't demonstrate the theory about it till now. Especially there are diversifies of opinions about the phrase of "Sok Im Ku Byun" in Yeki. Simui was cut in separate and then was stitched together in one piece. Generally its shape had round sleeve and angled lapel, its length reaches to the anklebone. And it has a line around the lapel, the sleeve band, and the edge of skirt. It is called Simui because the body can be wrapped deeply in broad width and large sleeve. The Simui was made of white fine linen and was cut by the natural size of body. Every part of Simui had a profound meaning; the round sleeve in compliance with regulation can keep a courtesy when a walker moves his hands and the angled lapel like a carpenter's square in compliance with square keeps them front loosing their Justice and a string of the back also keeps them loosing from their righteousness and the flat lower part of Simui makes their heart and mind calm. This Simui was usually attendant on a head cover and belt made cloth, and black shoes. This thesis was made a study of documents and portrait from Yi dynasty, for the actual object was not obtained.

  • PDF

A Study on the Classification and Characteristic of Sufferings in Daesoonjinrihoe (대순진리회 고통론의 유형화와 특징)

  • Cha, Seon-keun
    • Journal of the Daesoon Academy of Sciences
    • /
    • v.25_2
    • /
    • pp.1-43
    • /
    • 2015
  • Daesoonjinrihoe perceives that human suffering is caused not only by mental factors but also by the cosmic principle of Mutual Overcoming more fundamentally. The relationship influenced among all things in the universe is Mutual Beneficence and Mutual Overcoming. If these relations are properly cooperated in harmony, all things will reveal their energetic existence in a balanced state, however, if one side, particularly, Mutual Overcoming becomes excessive, indeed, it will cause trouble. That is, the sentient beings that are inclined to excessive Mutual Overcoming rather than indispensable Mutual Overcoming make grievances among themselves and cumulate them. In the end, heaven and earth lose its constant Way[常道], leading the sentient beings to all kinds of agonies. However, it may be a problem if every agony is depicted with Mutual Overcoming, that is, one single fixed frame, because Mutual Overcoming has to be interpreted diversely according to the circumstances. Thus, it is not possible to explain precisely about the agony if not understanding its spectrum. This study analyzed the ways how Daesoonjinrihoe explains the aspects of reasons and solutions to a variety of agonies. In the Supreme Scripture of Daesoonjinrihoe, the reasons for agony vary: first, it is caused by Mutual Overcoming of the cosmos itself, which is irrelevant to human beings. Secondly, man can be victimized because of Mutual Overcoming caused by man. Thirdly, there is a case of a victim who is damaged due to Mutual Overcoming caused by the other. Fourthly, man can be victimized because of Mutual Overcoming caused by someone else's unintended deeds. Fifthly, there is a case of man having agony in return when he, as a perpetrator, hurt others or resolve his inappropriate desires. Sixthly, man's deed unintendedly became a sin and have agony in return. Seventhly, man can be a self-perpetrator, conceiving vain desire, obsession and grievance. Eightly, there is a case of man having agony during enforcement of the law or practice of justice. Ninthly, man needs to endure agony during self-cultivation, enacting Reordering of the Universe(天地公事), ritual practice, promotion of fortune, and test. However, it is important to make sure that the reason for agony can interact with not only one but also diverse models in real situation. These nine models are included in the category of Mutual Overcoming; but, these cannot be classified in a single term, Mutual Overcoming because much information will be hidden, only to make it difficult to explain about agony more precisely. There are some characteristic observed in the concept of agony in Daesoonjinrihoe as follows: first, reasons for agony are caused by Mutual Overcoming although Mutual Overcoming can be interpreted differently according to the circumstances. Secondly, Daesoonjinrihoe makes a positive valuation for some agony. Thirdly, the solution to overcome a agony is brought to a conclusion, that is cultivation practice of Daesoonjinrihoe. Fourthly, the experience of agony and solution in Daesoonjinrihoe sometimes lie in the unit of family beyond individual. Fifthly, in the painful situation resulted from vain desire and obsession, Daesoonjinrihoe suggests a solution called Mutual Beneficence. That is, it emphasizes not only self-control but also active practice of considering others.

Language and Symbolic Reference in Whitehead′s Philosophy (화이트헤드의 언어 이해와 상징적 연관)

  • 문창옥
    • Lingua Humanitatis
    • /
    • v.6
    • /
    • pp.147-166
    • /
    • 2004
  • Whitehead's discussion of language is not to be found in any one book or article. It is interwoven with his discussion of many other questions. He was, however, greatly concerned with the problem of symbolism in general and the uses of language. He regards language, spoken or written, as an instrument devised by men to aid them in their adjustment to the environment in which they live Language is used for many specific purposes in the process of this adjustment. Words are employed not only to refer to data and to express emotions. They may be used also to record experiences, and thoughts about these experiences. Worts also function as instruments in the organization of experiences as they are considered in retrospect. Thus words free us from the bondage of the immediate. And Whitehead's theory of meaning is implicit in his discussion of the functions of language. According to him, the human mind is functioning symbolically when some components of its experience elicit consciousness, beliefs, emotions, and usages, respecting other components of its experiences. The former set of components are the 'symbols', and the latter set constitute the 'meaning' of the symbols. Whitehead points out that one word may have several meanings, i.e. refer to several different data. In order to understand, thus, the meaning to which a word refers, it is sometimes very important to appreciate the system of thought within which a person is operating. Further, Whitehead's discussion of language includes a number of cogent warning the deficiencies of language, and hence the need for great care in the use of words. In fact, language developed gradually. For the most part we have created words designed to deal with practical problems. Attention focuses on the prominent features in a situation, in particular the changing aspects of things. With reference to such data our words are relatively adequate. However, this issues in an unfortunate superficiality. The enduring, the subtle, the complex and the general aspects of the universe do not have adequate verbal representation. for this reason, Whitehead's position concerning the uses of language in speculative philosophy is stated with pungent directness. The uncritical trust in the adequacy of language is one of the main errors to which philosophy is liable. Since ordinary language does not do justice to the generalities, profundities and complexities of life, it is obvious that philosophy requires new words and phrases, or at least the revision of familiar words and phrases. Proceeding to develop the theme Whitehead contends that words and phrases must be stretched towards a generality foreign to their ordinary usage. In the same vein Whitehead refers to the need to realize that language which is the tool of philosophy needs to be redesigned just as in physical science available physical apparatus needs to be redesigned. But even these words and phrases, stretched or redesigned, are never completely adequate in philosophical speculations. They are, in his opinion, merely a great improvement over ordinary language or the language science, mathematics or symbolic logic.

  • PDF

Analysis of personality level of students of industrial-field specialized high schools and Meister high schools (공업계열 특성화고 및 마이스터고 학생의 인성 수준 조사 분석)

  • Kim, Minwoong;Kim, Taehoon
    • Journal of vocational education research
    • /
    • v.36 no.1
    • /
    • pp.23-46
    • /
    • 2017
  • The purpose of this study is to analyze the personality level of industrial-field specialized high schools and Meister high schools. The study objective for this is to analyze the differences per background variable and personality level of students of industrial-field specialized high schools and to analyze the differences per background variable and personality level of students of industrial-field Meister high schools. The study result is as follows. First, students of industrial-field specialized high schools showed personality level above normal in all 10 virtues, but this value fell short of the average for high school students suggested in Hyeon et al(2014). Second, students of industrial-field Meister high schools showed personality level above normal in all 10 virtues, and compared to the average for high school students suggested in Hyeon et al.(2014), categories of consideration and communication, manners, honesty/courage, and justice showed values below average. Third, students of industrial-field specialized high schools and Meister high schools showed differences in personality level according to nurturing style of parents, respect for teachers, stress for academic achievement, and school satisfaction, and additionally, students of Meister high schools showed differences in personality level according to career plans. That is, when the student perceived his/her parents to put higher value on his/her happiness rather than academic achievement, when the student respected the teacher, and when the student was more satisfied with te school life, the student showed higher personality level, and in case of students of Meister high schools, the student with detailed plan for his/her career showed high personality level than the student who has not yet decided on his/her career.

Participatory Observation Records of the Prof. Sa jin-sil's Academic World (사진실 선생의 학문 세계에 대한 참여 관찰기)

  • Heo, Yong-ho
    • (The) Research of the performance art and culture
    • /
    • no.36
    • /
    • pp.585-602
    • /
    • 2018
  • This article examines the academic world of Professor Sa jin-sil. This article is not a detailed and rigorous assessment of Prof. Sa's work. During my directly or indirectly meeting with Prof. Sa jin-sil, the writing was based on my experiences. This is why the theme of "participatory observation records" is attached. I was aware that this writing would become a customary and formal funeral speech. Because I thought Prof. Sa also did not want formal and customary writing. The initiation of the participatory observational records that I describe was the literature study of Prof. Sa. What I am about to say in the title of the table of "Known Performance and to Revalue." There I summarized my thoughts on what Prof. Sa contributed to the research of the literature study on traditional performance and my opinion of the justice of the assessment of her contributions. I have not recommitted again about contributions or achievements that have already been widely recognized. What I noticed here was what was to be revalued. I once again stressed the achievements that were not properly evaluated despite their importance and significance. In the ensuing discussion, I looked at Prof. Sa's entirely different academic side. I call the passage "an unexpected result against prejudice." The subjects covered were Prof. Sa's field-contextual studies. Prof. Sa is often referred to as a dramatical history or a traditional performing arts scholar who studies literature. Such an idea is so common that it is easy to overlook field-contextual research results, not literature-based. But I think this is prejudice. That is why the title of the table of contents has the words 'unexpected' and 'prejudice'. Here I actively emphasized and evaluated Professor Sa's achievements in field-contextual studies.

A comparative study of domestic and international research trends of mathematics education through topic modeling (토픽모델링을 활용한 국내외 수학교육 연구 동향 비교 연구)

  • Shin, Dongjo
    • The Mathematical Education
    • /
    • v.59 no.1
    • /
    • pp.63-80
    • /
    • 2020
  • This study analyzed 3,114 articles published in KCI journals and 1,636 articles published in SSCI journals from 2000 to 2019 in order to compare domestic and international research trends of mathematics education using a topic modeling method. Results indicated that there were 16 similar research topics in domestic and international mathematics education journals: algebra/algebraic thinking, fraction, function/representation, statistics, geometry, problem-solving, model/modeling, proof, achievement effect/difference, affective factor, preservice teacher, teaching practice, textbook/curriculum, task analysis, assessment, and theory. Also, there were 7 distinct research topics in domestic and international mathematics education journals. Topics such as affective/cognitive domain and research trends, mathematics concept, class activity, number/operation, creativity/STEAM, proportional reasoning, and college/technology were identified from the domestic journals, whereas discourse/interaction, professional development, identity/equity, child thinking, semiotics/embodied cognition, intervention effect, and design/technology were the topics identified from the international journals. The topic related to preservice teacher was the most frequently addressed topic in both domestic and international research. The topic related to in-service teachers' professional development was the second most popular topic in international research, whereas it was not identified in domestic research. Domestic research in mathematics education tended to pay attention to the topics concerned with the mathematical competency, but it focused more on problem-solving and creativity/STEAM than other mathematical competencies. Rather, international research highlighted the topic related to equity and social justice.

EU Integration and Its Aviation Relationship with Third Countries (유럽연합(EU) 통합과 제3국과의 항공관계)

  • Lee, Jong-Sik
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.21 no.1
    • /
    • pp.135-167
    • /
    • 2006
  • Air service agreements between EU Member States and third countries concluded by Sweden, Finland, Belgium, Luxembourg, Austria, the Netherlands, Denmark and the United Kingdom after the Second World War infringe EU law. They authorize the third countries to withdraw, suspend or limit the traffic rights of air carriers designated by the signatory States. According to the Court of Justice of the European Communities (CJEC), these agreements infringe EU law in two respects. On the one hand, the presence of nationality clauses infringes the right of European airlines to non-discriminatory market access to routes between all Member States and third countries. On the other hand, only the EU has the authority to sign up to this type of commitment where agreements affect the exercise of EU competence, i.e. involve an area covered by EU legislation. The Court held that since the third countries have the right to refuse a carrier, these agreements therefore constitute an obstacle to the freedom of establishment and freedom to provide services, as the opening of European skies to third countries' companies is not reciprocal for all EU airlines. In the conclusion, in order to reconstruct these public international air law, The new negotiations between EU member states and third countries, especially the US, must be designed to ensure an adequate set of principles, so that Member States, in their bilateral relations with third countries in the area of air service, should consider following three models. The 1st, to develop a new model of public international air law such as a new Bermuda III. The 2nd, to reconstruct new freedoms of the air, for example, the 7th, 8th, and 9th freedoms. The 3rd, to explore new approaching models, such as complex system theory explored in the recent social sciences, to make access world-wide global problems instead of bilateral problems between EU member states and United States. The example will show any lessons to air talks between European Union and ROK.

  • PDF