• Korea Real Estate Review
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• v.24 no.1
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• pp.77-90
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• 2014

With the purpose of preventing improper development on the national land, the land development permission system which is performed from 2002 has meaning as a type of limiting the property right, but modification on the details of traditionally understood land ownership is inevitable. Also, releasing the development prohibit on the land not only stop in recovering the freedom for land development, but also can be interpretated as a cause of forming the land development right, therefore the purpose of this study is to develop this into a real right. When we look at the development activity permission as a form of limiting the property right, constitutional problems of basis for that limit and compensation demand can occur. However, that limit can be recovered or relieved through permitting the development activity, therefore the compensation problem can be solved. Due to the development activity permission system, the land development right was separated from the land ownership to be communalized, and now, the land ownership only has condition use right left and don't have the future condition change right in principle, therefore modifying the traditional concept of land ownership is inevitable. By the virtue of the land ownership authority, the land development permission system must have the property to separate the development right as the independent right to be authorized of its legitimacy. Without these properties, the land development permission system cannot satisfy the social necessity of the land development right and its discussion under the category of the land ownership limit theory can't be deviated. In the existing "Civil Law" or in the Land Regulation Law system, there are many difficulties and limits in generalizing the land development right as a real right. Therefore, it is considered that by establishing a social law idea of Framework Act on the Land to characterize the land right theory in the real right theory, the land development permission system or the development right theory should be studied and developed independently and systematically.

• The Journal of Korean Philosophical History
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• no.43
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• pp.107-139
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• 2014

Tasan Chong Yak-yong has criticized Zhu Xi's metaphysical viewpoints of human being. Therefore he revealed his viewpoint of human being and the theory of moral practice through his thoughts about the Lord of Heaven and human nature with spiritual inclination toward goodness. He has drawn the Lord of Heaven into Confucianism again. Heaven as the Lord endows human being with a nature that enjoys virtues and detests vices. It watches human being's good and evil. Here we can say Heaven is a outer efficient cause of moral behavior. According to Tasan, human being has its own 'self directed weight'自主之權 so that he can make a judgment and decision about what to do. Therefore we have to do manifest this moral inclination which is a inner efficient cause of moral behavior. That is to say, we must follow the order of daoxin道心 inside our mind. If we did go against it, our mind would be uncomfortable. Now through the method of so-called shu恕 we need to put filial piety孝 fraternal respect弟 compassion慈 into practice. These three moral practices represent the spirit of reciprocity in Confucianism. These lead us to make an achievement of ren仁, representative virtue in the theory of moral practice. Our moral practice means the fulfillment of humanity. This is the way to serve Heaven. Tasan insists that theses are the core thoughts of Confucius and Mencius.

• (The)Study of the Eastern Classic
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• no.69
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• pp.563-592
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• 2017

This paper is to examine philosophy of Jurye(周禮, national rituals) described on GyeongJeMunGam and GyeongJeMunGamByeolJip. As it is widely known, Sambong Jeong Do-Jeon (三峯 鄭道傳), regardless of evaluation by posterity, is definitely a figure who established 500 years of Joseon with almost everything handled by his own hands from presenting founding principle of Joseon to organizing the bureaucratic system. In the third year of King Taejo (1394) with Jurye as an ideological model for social innovation, Jeong Do-Jeon wrote Joseongyeonggukjeon and offered it to the king. Joseongyeonggukjeon is a sort of guide for new codes written by Jeong Do-Jeon as a part of defining culture and institutions of the new dynasty, which is based on Confucianism, the ruling idea of the new dynasty. GyeongJeMunGam supplements the section ChiJeon(治典: Articles for Governing) of JoSeonGyeongGukJeon(the first constitution of Joseon Dynasty) mainly to specify the duties and jobs of the prime minister; and also the duties and jobs of the highest secretaries of the kings, and provincial and county governors, whereas GyeongJeMunGamByeolJip consists of the section GunDo specifying the duties and jobs of the kings and the section Euiron additionally explaining about the kings' duties and jobs in the viewpoint of the philosophy of the Book of Change. That is, GyeongJeMunGam finely describes not only the changes, advantages and disadvantages of prime minister system of every dynasty of China and Korea but also the prime minister's duties/jobs and attitude for kings; and it also specifies the duties and jobs of the kings' highest secretaries, guards, provincial and county governors; on the other hand, GyeongJeMunGamByeolJip says that the king should play the symbolic figure setting their mind in right ways and train themselves with virtue through the idea of GunJuSuShin (君主修身: ) to point out a good and capable prime minister and make him govern the country without using their power fully.

• (The)Study of the Eastern Classic
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• no.33
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• pp.31-56
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• 2008

Jang Hyeon-gwang(張顯光, 1554-1637), whose pseudonym or courtesy name is 'Yeoheon(旅軒)', had made a thorough study on the intrinsic nature of Neo-Confucianism in a more sincere fashion, when comparing him with other Neo-Confucianists in Joseon period. Also he was a renowned scholar who expanded its philosophical system in-depth. Yeoheon thereby had strengthened his philosophical system accordant with the Great Learning(大學) and Doctrine of the Mean(中庸), which are the fundamental systems of Neo-Confucianistic education. Based on such considerations, Yeoheon's thought on education can be illuminated from three different perspectives. First, Yeoheon deepened his a theory of good governance by a virtuous ruler(聖人君主論, pronounced, 'Seongingunjuron') as the standard of education. Essentially, his theory pursues Refraining from desire, and preserving the laws of nature(存天理?人欲, pronounced, 'Joncheolliarinnyok'), and put emphasis on ethical awakening, and the governance through a virtue of moral excellence. Second, Yeoheon stressed the learning theories related to 'sincerity' or true heart(誠) and 'piety' or 'respect'(敬)) as the form of education(誠敬, pronounced, 'Seonggyeong'). Also he expounded that people needs "to establish a ground of Respect and Sincerity in their mind." He recognized the differences between the two virtues, meanwhile, however, he understood it as in an identical context. Third, Yeoheon advocated harmony between separation and integration(分合, pronounced, 'Bunhap') as a method for education. Through his unique 'Discourse on Longitude and Latitude', dubbed, 'Li-Gi Gyeongwiseol (理氣經緯說) in which the principle(Li, 理) is equal to the intrinsic energy or material force(Gi, 氣), he maintained his view on the Doctrine of the Mean, in that he was not inclined to either sides according to the logic of Change(易, pronounced 'Yeok'). When reviewing Yeoheon's contemplation in education in the meaning of modern education, he laid the standards for education on the establishment of morality, and he also provides us with an idea which induces us to look through the form and method for education from the perspective of Doctrine of the Mean. In short, Yeoheon's view on education embodies wisdom of traditional Neo-Confucianistic Education having consistency, and it provides for an implication of the review of the importance of the balance in relation to methodological bias toward confusion in the standards for modern education, and unsystematic contents therein.

• (The)Study of the Eastern Classic
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• no.36
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• pp.203-228
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• 2009

ChaeHo Shin's major interests were in the ancient history, among other periods of the Korean history. Shin's depiction of history is characterized by having nation in the heart of history, whose tendency of nationalism was purposefully strong. In general, the nationalism of those times was emphasizing a 'strong' nation, just as in the case of Shin's theory, and at the same time stood for the theory of social evolution with a view to raising the nation in the front line of history. The nationalism, in association with the theory of social evolution, ended up having a propensity that criticizes imperialism on the one hand, and envies it on the other. This inclination is literally shown in Doksasillon (A New Guide to Reading History), which is ChaeHo Shin's research on the ancient history. Doksasillon is a historical essay that was published serially in 50 installments from August 27th through December 13th in 1908. Unlike the existing views in the late 1900s on the ancient history, among other ages of the Korean history, Doksasillon can be called a treatise with a focus on nation. Doksasillon is an incomplete study which can be divided into two parts, introduction and ancient times that is the first volume. It, nevertheless, shows the aspect of a powerful nation activist who tried to surmount the life-and-death crisis of nation by 'recalling' the nation in the period of the late-Joseon and the Korean empire in 1908 and 'rediscovering' the territory. It also reflects a slice of a historian's anguish that attempted to cope with the national crisis by virtue of the 'power' of history. It is ChaeHo Shin who 'rediscovered' the Buyeo tribe as the mainstream of the ancient history of Korea, and recomposed and materialized the ancient history. Shin chose the 'Buyeo tribe' as a principal race, and used it as a representative of the Korean nation in the ancient era, which was because Buyeo and Goguryeo were the strongest. The emphasis laid on the powerful nation in the history of Korea well reflects the efforts of a powerful nation activist in the age of the late-Joseon, and on the other hand, it shows how nationalism came to be formed in Korea. ChaeHo Shin is regarded as a person who lived in the age in which nationalism, which underscores the homogeneity of a nation, had to be stressed as a sole weapon for a nation who was left behind in modernization and whose rights were disseized. Dosasillon shows a process of reconstructing the history of DanKun and the Buyeo tribe and unearthing a hero who was valued as a savior of the nation, which was the reason that ChaeHo Shin wrote a history.

• The Journal of Korean Philosophical History
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• no.59
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• pp.261-286
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• 2018

It is possible to communicate with objects in various styles, but especially the poem[詩], the ode[賦], the inscription[銘] are remarkable. The word is not the mouth, but the mind and the soul. Therefore, if a person is in a relationship with an object that defines the person, what conversation with the object is the person's inner. So if you know what a person has been with things, you can imagine his outer surface, and you can get inner if you know what you talked about. Seo Kyung-duk who lived a poverty life, but can not live without things, so his things are not a thing, Seo Kyung-duk also recorded especially about the dojookjang[bamboo cane], the buchae[fan], and the $k{\breve{o}}mungo$[Korean lute] Seo Kyung-duk with the buchae, Seo Kyung-duk with the dojookjang, and Seo Kyung-duk with the $k{\breve{o}}mungo$. These are the pictures we can imagine. And I can draw Seo Kyung-duk to talk with those things. Seo Kyung-duk, who is reflected in the dojookjang, shows the reality of participating in the rescue of the people's hardships and the stubborn world. Seo Kyung-duk, who is reflected in the buchae, is a philosopher who explores the origin of existence with the appearance of realistic preachers who have to wash away the difficulties of the people. Seo Kyung-duk, who is reflected in the $k{\breve{o}}mungo$, is a philosopher who grasps Ki(氣) the phenomenon and the source, the immaterial and the material, the type and the intangible. Both the strings and non-strings are $k{\breve{o}}mungos$. The $k{\breve{o}}mungo$ is strong in ideology symbolizing the Confucianism ideological ideals, and Seok Kyung-duk is also in the extension line. Seo Gyeong-deok, who has seen through the dojookjang, the buchae, and the $k{\breve{o}}mungo$ has a realistic sense of realizing that he should worry about the pain of the world and fulfill a good world. He is a philosopher who pierces the root of existence and can be governed by the logic of Ki(氣).

• (The)Study of the Eastern Classic
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• no.48
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• pp.253-287
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• 2012

This research aimed to discuss the necessity of education and evil through perspective of Sunja and Hannah Arendt. In case of Sunja, it was reviewed by his opinion about Sunja as the central figure. As for Arendt, it was researched with "Eichmann in Jerusalem" as the central figure which she wrote participating in the trial process of Eichmann who was a war criminal of Nazi. Sunja thought evil as the nature of people and understood that they all are originally selfish, envious, and seeking desire. Therefore, Sunja thought it is important to properly seek human desire. He claimed Haw Seong Gi Wi(化性起僞, changing evil human nature into goodness through manner) which changes human nature from evil to goodness. A teacher who leads evil into goodness is surely needed in the process of Haw Seong Gi Wi. At the same time, in the dimension of educational content it put stress on the role of Ye(禮, manner) which lets them realize discernment so that they properly seek human desire and Ak(樂, harmony) which harmoniously controls human emotion, and key point on education regarding Ye and Ak. As for Arendt, however, she recognized evil as normal one. Even though he thought that conforming the order of superior authority was the best value and then took evil of killing many Jews in thoughtlessness, Eichmann maintained that he did not take evil but only conformed the order. This way, people could take evil in thoughtlessness in totalitarianism, and it makes circumstance that they could not take goodness. Therefore they could take evil in thoughtlessness and experience the radical evil and the banality of evil. Accordingly, political praxis which guarantees people's plurality as the words and praxis is needed. It is named natality because the truth that they are born in this world is a starting point, and makes the essence of education. In this process, teachers have to be a representative of this generation for children as new social members, and be able to keep children's newness. Sunja and Arendt have the same equality and difference in that they referred to the necessity of education to overcome human evil. It is the same quality that goodness could recover the function of community and the practice of education is considered important in the goal of education and the dimension of directivity. It is different in methodical characteristic of education that Arendt, however, suggests praxis as the way that they express themselves in totalitarianism while Sunja thought that continuous practice piling up virtue for goodness is important.

• (The)Study of the Eastern Classic
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• no.59
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• pp.93-120
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• 2015

The purpose of this study is to explore the source of appealing which Gusadang Kim Nakhaeng's writing for ancestral rites is equipped with. Gusadang was one of the Confucianists in Yeongnam during the 18th century and was praised for his scholarly virtue of jihaenghapil and silcheongunghaeng. Although Gusadang's writing for ancestral rites and his teacher Milam Lee Jaeui's letters were even specially named as 'gujemilchal', there has been almost no research on Gusadang's writing for ancestral rites yet. Therefore, this study selects three pieces of Gusadang's writing for ancestral rites which are especially rich in emotional expression for discussion. Chapter 2 titled as 'the Reconstruction of Memory in a Microscopic Perspective' presents the reason why Gusadang's writing for ancestral rites is recognized even as a piece of work equipped with appealing. Writing for ancestral rites begins from the point that there exists memory that can be shared by both the living and the dead. In reconstructing the anecdote with the dead on the stage of ritual writing in detail, the writer's memory plays an important role. Chapter 3 titled as 'the Rhetorical Reconstruction of Elevated Sensitivity' examines rhetorical devices needed for writing for ancestral rites. Proper rhetoric is needed to upgrade the dignity of the ritual writing and arouse sympathy from the readers. Although writing for ancestral rites is supposed to express sadness in terms of its formal characteristics, it should not end up being a mere outlet of emotion. Chapter 4 looks into 'the Descriptive Reconstruction of Lamenting Sentiment'. There should be a clear focus of description to make the gesture of the living towards the being not existing in the world any longer an appealing story. While maintaining a distinct way of description, Gusadang organizes the noble character of the dead, pitiable death, the precious bond in the past, and the longing of those left for the dead systematically. Writing for ancestral rites is a field to mourn over the death and reproduce the sadness of the living through writing. To make the text written in that way get to work as ritual writing properly, it should be appealing necessarily. This study has found the fact that such appealing that gives life to ritual writing is grounded on authenticity.

• (The)Study of the Eastern Classic
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• no.36
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• pp.31-56
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• 2009

The core thought of Confucius("論語") is 'Ren(仁)'. Then, how ought we to interpret this 'Ren(仁)'? In this study, the researcher has interpreted 'Ren(仁)' from the perspective of Xiujizhiren(修己治人), which is the doctrine of Confucianism and its ideal. At first, the researcher closely reviewed Ren(仁) on the viewpoint of Xiuyang (修養). Ren(仁) is the most fundamental virtue that enables general populace to equip with their qualification as a human being. Specifically, to live like a human being, Ren(仁) is a must. That is to say, it will suffice if we only can expose well what was already cherished inside us, rather than exerting efforts to attain Ren(仁), in some contexts, that must achieve in order to live like a human being. The reason that we exert our efforts for self-cultivation is to bring this Ren(仁), which is foundation of human life, before the public. Even in relationship-building, Ren(仁) is necessary. Human being is not an existence that can live alone, but at all times, humans are required to build a relationship with others. To make this relationship-building lead into right direction, we need to think of that the standpoint of oneself and the other are identical. That is, when I myself and the other person are in the most optimal situation, then a right relationship-building can take place. This most optimal status is Ren(仁). The ideal of Confucianism is to establish a society where all people can enjoy their comfortable life. To accomplish such a society, each individual and society ought to be benevolent and to cherish humanity at the first place. That is to say, people should attain Ren(仁) from both aspects of Xiuji(修己) and Zhiren (治人). If Ren(仁) has not been attained from any of either side, then it is hard to say that the ideal of Confucianism is completely realized. However, Zhiren(治人) must be backed up by Xiuji(修己). For this reason, Kongzi(孔子) presented three steps in connection with this cultivation process, to wit, 'Cultivation of himself in reverential carefulness'(修己以敬) ${\rightarrow}$ 'Cultivation of himself so as to give rest to others'(修己以安人) ${\rightarrow}$ 'Cultivation of himself so as to give rest to all the people'(修己以安百姓). It is noticeable that Xiuji(修己) is included in all three phases. The society that Kongzi(孔子) longed for is still valid in this modern world. Therefore, Ren(仁) which was edified by Kongzi(孔子) is necessary for today's society. If we don't interpret Ren(仁) as with a fixed term lying stagnant in one place, then its definition shall be interpreted newly so as to suit the times and the situation of civil society, thus this Ren(仁) shall be the foundation for building a desirable society for humans.

• The Journal of Korean Philosophical History
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• no.32
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• pp.79-112
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• 2011

Since Noron(老論) had organized in the period of Sookjong(肅宗), it constantly had led the political situation of Choson until Choson(朝鮮) perished as the grasping political power. Studies and thoughts development of Noron can be devided into four periods. First, the term of politics of faction of the period of Sookjong. Second, a period of Youngjo(英祖) and Joungjo(正祖). Third, a period of politics of power(勢道政治). Fourth, the latter term of 19century. We can look into an origin and development aspect in outline by dividing like this. The general character of Noron can be summarized by the respect of Song Si-yeol(宋時烈, 1607-1689), the theory of a party of a man of virtue(君子黨論) based on the theory of moral civilization of Choson(朝鮮中華論), the succession of Lee i(李珥; 1636-1684)'s neo-confucianism, rejecting all teaching that does not conform to neoconfucianism and protecting right studies, and oppression of Roman Catholic. The noticeable scholars of Noron were Kwon sang Ha(權尙夏; 1641~1721), Kim chang hyup(金昌協; 1651~1708), Lee jea(李縡; 1680~1746) etc. These scholars of Noron following Song Si-yeol had tried to raise "Learning of the Way"(正明道) by respecting Zushi and removing injustice(尊朱子攘夷狄), also believed people should embody moral values in their society and country. and possessed an will guiding to stabilize the country by rejecting uncivilization(尊王攘夷). Above all, they insisted, the King of Choson should rule with 'lighting heavenly reason'(明天理). Also they insisted the King and countrymen should together strive to recover civilization of moral humanity and destroy uncivilzation. But gradually they lost the motive and purpose of moral politics in the seventeenth century. Finally Noron Byeokpa(?派) take over the reins of government. It resulted in the bad effect of politics of autocrat(勢道政治) having their own way to use power of authority after death of Jungjo(正祖). The peculiar character of Noron politics can valued as the extreme aspect of 'according of politics and scholarship'(政學一致).