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The Landscape Organization of the Dodong-SeoWon in the Aesthetics of Moderation (중용(中庸)의 미학으로 살핀 도동서원(道東書院)의 경관짜임)

  • Rho, Jae-Hyun;Shin, Byung-Chul
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.30 no.4
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    • pp.44-55
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    • 2012
  • This study is to interpret how landscape aesthetic characteristics of moderation, which is the point of human-oriented neo-confucianism vision, are projected to the landscape organization of a Dodong-SeoWon, known for its overflow to neo-confucianism grounds and standards among domestic SeoWon. The aspects of neo-confucianism discussion in the shape of Dodong-SeoWon with the beauty of from and contents dominating the landscape of Dodong-SeoWon different from constructive completeness as 7 external and internal landscape organization including placement, circulation, setting, vista, fencing, naming, and decoration are as follows. The left direction of Dodong-SeoWon, part of external organization, is the result of landscape organization that emphasized the stage of moderation through the unification of man and nature by naturalizing natural direction to human-oriented directions. Important aspects to rule external orders and standards of Dodong-SeoWon are principles of one classes based on ranks and bilateral symmetry that is the unity of setting and circulation landscape organization from penetrating the spirit of moderation with no bias. By securing territoriality by fencing the unity of verticality and horizontality, the landscape organization to reach moderation is expressed. Meanwhile, Suwoloo(水月樓) perceived on the floor of central assembly hall, the formation of time frame from roof piles of Hwanjumun(喚主門) as well as pilars of Jungjeongdang(中正堂), and rime link method inducing visual balance and openness through segment, combination, and others are vista organization that show the ideality of unique neo-confucianism building. Also as part of landscape organization contents. semantically, building name including arrangement from Taegukdoseol, ideological naming following the name of Ssanggye-SeoWon, which is the former body, the name of the hall symbolizing the transfer of neo-confucianism enlightenment, impartiality with no bias, as well as Geoinjae(居仁齋) and Geoijae(居義齋) based on olympic, are also results of applying neo-confucianism standards. Additionally. the SeoHoe(瑞花) expressing the change of IleumIlyang(一陰一陽) on the stylobate of Jungjeongdang, Saeho(細虎) which goes up and down, as well as Simul made of four dragons, are artistic expression of the moderation that symbolizes the harmony of ying and yang with no exceeding or insufficiency. Humorous and unique rocks and stones evenly arranged in all spots of Dodong-SeoWon are to promote anti-strict organization by offsetting the image and external order of the lecture hall as strict as it is, and this is very ironic as it is the other landscape organization in different dimension as well as the expression of moderation.

Impact of Solar Energe Facility on the Landscape Experience of Traditional Temple - Focused on the Entrance Way of Tongdosa - (태양열시설이 전통사찰의 경관경험에 미치는 영향 - 통도사 진입경관을 중심으로 -)

  • Yi, Young-Kyoung;Kim, Jeong-Eun;Lee, Seo-Youl
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.28 no.3
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    • pp.114-121
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    • 2010
  • Traditional temples in Korea are the important cultural heritage because of artistic traditonal buildings and structures, paintings, sculptures, and big forest areas which are most ecological and beautiful in Korea. Since traditional temples still function as religious places for very long time, the sense of places intrinsic to the temples are very strong and vivid. The sense of place is very closely related to the conservation of the original landscape type. Recently however, there is a strong tendency to use solar energy in traditional temples because of the low energy efficiency of the old traditional architecture which may have negative impact on landscape which again in turn may lead to the destruction of the sense of place. The purpose of this study was to suggest some landscape design guidelines to protect the sense of place of traditional temple by investigating the impact of solar energy facility on the landscape experience of traditional temple. In order to do perform this purpose, Tongdosa was selected as a study site and four kinds of measurement tools(landscape image, temple identity, landscape satisfaction, degree of landscape improvement) were used as questionnaire items. 180 college students participated in the questionnaire survey. The analysis showed that the solar energy facility had very negative impact on landscape experience such as three landscape image factors(scenic beauty, openness, complexity), landscape satisfaction, temple identity, and landscape improvement. Based on the results, three landscape improvement plans were suggested. First, solar energy facility should be built in the forest in order not to be exposed to visitors, if possible. Second, the landscape management of traditional temple should emphasize on sustaining scenic beauty and temple identity along with the provision of openness. Lastly, detailed landscape guideline should be prepared to regulate the scale, ratio, and the form of the artificial buildings and structures to protect the sense of place of traditional temple.

A Study on the Multi-Layer of Religious Inertia Represented in Sense of Place and Cultural Remains at Mt. Bak-wha (장소성과 문화경관으로 해석한 태안 백화산의 다층적 종교 관성)

  • Rho, Jae-Hyun;Park, Joo-Sung;Goh, Yeo-Bin
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.28 no.4
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    • pp.36-48
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    • 2010
  • The objectives of this study are to research and analyze the positioning of Mt. Back Hwa(白華山) and the characteristics of its neighboring cultural scenery based on the Two Seated Buddah Temple, a small Buddhist temple of Taeul in Taean and to view both landscape geographic codes and religious attractions over Mt. Back Hwa by discussing its expression and meaning for the scenery scattered or nested over this districts. The panoramic view of west shows the character of Mt. Back Hwa as a magnanimity of Buddhist Goddess of Mercy which is viewed as a view point field no less than its location as a landscape target and its singularity as a rocky mountain. The ancient castle, signal beacon post and the small Buddhist temple of Taeul to be read importantly in the old map and SinjeungDongkukyeojiseungram(新增東國輿地勝覽) form the core of place identity, and a number of carve(engrave) letters such as Eopungdae(御風臺), Youngsadae(永思臺), etc. show the prospect of this mountain and monumentality derived from place characteristics. In addition removing of Taeiljeon, a portrait scroll of Dangun, national ancestor makes possible to guess the national status hold by Mt. Back Hwa in advance and to know that it has symbiotic relationship with indigenous religion and shares with the universal locality which have been continued for a long time through a portrait scroll of Dangun enshrined in Samsunggak. More than anything else, however the Rock-carved Buddha Triad in Taean, Giant Buddha of Baekjae era enshrined in the small Buddhist temple of Taeul is not only why Mt. Back Hwa, magnanimity of Buddhist Goddess of Mercy exists but also a signifier. In spite of such a placity, the union ideas of confucianism, buddhism and doctrinism of buddhism prevailed in the Late Joseon Dynasty allows the cultural phenomenon of taoism to be read in the same weight through Ilsogae(一笑溪) and Gammodae(感慕臺) which are mountain stream and pond area respectively centered in the carve letter, 'Taeeuldongcheon(太乙洞天)' constructed in front of the small Buddhist temple of Taeul, the Baduk board type of rock carvings engraved over them and a number of traces of carve letters made by confucian scholars since the Middle of Joseon Dynasty. The reason such various cultural sceneries are mixed in Mt. Back Hwa is in the results of inheritance of religious places and fusion of sprit of the times, and the various type of cultural scenery elements scattered in Mt. Back Hwa are deemed as unique geographic code to understand the multi-layered placity and the characteristics of scenery of Mt. Back Hwa in Taean.

Retrospective Inertia of Historic Spots and Spectacles of Baekje's Sabi Period, Represented in Buyeo's Palkyung (부여 팔경으로 본 백제 사비시대 장소와 경물의 회고(懷古) 관성(慣性))

  • Rho, Jae-Hyun;Lee, Kyu-Wan
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.28 no.3
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    • pp.14-28
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    • 2010
  • By philological geography method for dismantling and reconstituting Buyeo's Palkyung(扶餘 八景), which best signify the image of ancient city Buyeo's landscape, this research is to demonstrate the fact that the place's inertia of certain historic sites has been passed down as a type of geographic code. Titled poems and retrospective poems about Buyeo's Palkyung and its spectacles and landscapes reveal the fact that the splendid and glorious cultural heritage of Baekje had faded but its traces have remained in the each eight views including Nakhwa-am(落花巖), Goran-sa(皐蘭寺), and Jayong-dae(釣龍臺). In addtion, the spectacles and historic sites of Buyeo's Palkyung appear as the symbol of Baekje's fall and loss in the poems. Thus, it can be said that Buyeo's culture and civilization have never escaped from the cultural and historical scars of Baekhe's fall, being dominated by the place's inertia originated from the identity as "Baekje'slastcapital". It is ironical that Buyeo's future development and prosperity are not free from its cultural and historical spectacles which bear the image of the fall of Baekje. 'Older Buyeos' Palkyung(扶餘舊八景)' and, Prior Buyeo's Palkyung(夫餘前八景), originate from nine views of an unknown builder and after the construction of pavilions and towers, 'Subuk-jeong eight views(水北亭八景)' by Heungguk Kim(金興國) and the eight poems of the, Retrospect of Buyeo(扶餘懷古八景), were created. 'Buyeo's later Palkyung(扶餘後八景), which are especially free from the site's inertia are known to have expanded the scope of Buyeo's landscape by deliberately demonstrating spectacles and sites different from those of existing views. Nakhwa-am, Goran-sa, Joryong-dae, Songwal-dae(送月臺), Youngwal-dae(迎月臺), and Pyungje-tap(平濟塔) are all located within a one kilometer radius of Banwol-sung(半月城), Buyeo's palace and the Baekma river(白馬江), Daewang-po(大旺浦), Busan(浮山) in a two kilometers radius. Jaon-dae(自溫臺), Subuk-jeong(水北亭), and Gyuam-jin(窺岩津) are located within a three kilometers radius. Even Chunjeong-dae(天政臺), which are located within a four kilometers radius of Banwol-sung are located alongside the Baekma river. This indicates the fact that these spectacles had not been established temporarily or impromptu but for a long period time by historic retrospect and the inertia of landscape's geographic cycle. In conclusion, the geographic phenomenon of historical and cultural inertia appeared because Buyeo had the geographic message of "fallen, ancient city". Therefore, Buyeo's Palkyung which have constant retrospective inertia is clearly an geographic code effective and helpful to understand not only the characteristics of historic sites and spectacles of Buyeo in the Sabi period but also the quality of the site itself.

A study on the Meaning Contact of ManChwi Pavilion's Place Transmission and Sense of Prototype Landscape (만취정(晩翠亭)의 장소 전승과 원형경관향유 양상)

  • Lee, Seung-Yeon;Shin, Sang-Sup;Kahng, Byung-Seon
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.34 no.3
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    • pp.38-49
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    • 2016
  • This study is based on the assumption that the documentations, and poetry form a basis for undertone of the location and original landscape explored by inference and enjoyment aspects; the significance has been inferred by investigating the original location, relocated location, and the original landscape of Imsil Manchwi Pavilion. The results of the attempted research for locational value, and preservation of the original landscape before and after the relocation of Imsil Manchwi Pavilion is as follows. Firstly, Manchwi, meaning evergreen, was made a pseudonym of KimWi. The name reflects an image two evergreen pine trees facing one another. The poetry form presents the eternal fidelity. In addition, considering the symbolic plant and the meaning of evergreen pine trees specified on the pavilion, the name is derived from the fidelity, longevity of the family, vitality and so on. Secondly, Manchwi Pavilion was founded in the location, known as the snakehead form, that represents the vitality. Snake faces the swallow form over the river, therefore, it connotes the wishes for fidelity and prosperity of the family. Manchwi Pavillion is prostrate pheasant form which is suitable for those who look for a hiding place or place for their study. It is noticeable that the location infers and hand down the efforts on succession for prosperity of the family and the study. Thirdly, it is estimated that Manchwi Pavilion was established between 1572 and 1582; and the relocation was conducted in the late 1880s. Fourthly, although eternal fidelity was presented in Manchwi Pavillion with locational language, the Manchwi Pavillion after its relocation next to KimWi's grave implies the tendency of the changed value: the commemoration of the ancestors, and prosperity of the family. Fifthly, after the relocation of the pavilion, the proportion of the rooms with Korean heating system, so-called'Ondol'has been increased for its best use in all seasons. And its veranda for extension and its verse couplet implies that this connote the original meaning and pursuit of the study. Sixthly, the way that the poetry portrays pine trees, pond, plants, valleys, and streams shows the aspect of enjoyment of the landscapes and the meaning of fidelity, pure mind, free and easy life, self-examination, the frailty of human life. Lastly, despite the difference between tenth poetic language of three Sipyoung and Wonwoon Sipyeong, exploring the landscape based on the analysis on the poetry can be a basis on the maintenance and restoration of the original landscape as the inspiration and the meaning show that Wonwoon Sipyeong maintains the aspect of the author enjoying original landscape.

The Evaluation of Crime Prevention Environment for Cultural Heritage using the 3D Visual Exposure Index (3D 시각노출도를 이용한 문화재 범죄예방환경의 평가)

  • Kim, Choong-Sik
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.35 no.1
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    • pp.68-82
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    • 2017
  • Strengthening surveillance, one of the most important factors in the crime prevention environment of cultural heritages, has difficulty in evaluating and diagnosing the site. For this reasons, surveillance enhancement has been assessed by modelling the shape of cultural heritage, topography, and trees digitally. The purpose of this study is to develop the evaluation method of crime prevention environment for cultural heritage by using the 3D visual exposure index (3DVE) which can quantitatively evaluate the surveillance enhancement in three dimensions. For the study, the evaluation factors were divided into natural, organizational, mechanical, and integrated surveillance. To conduct the analysis, the buildings, terrain, walls, and trees of the study site were modeled in three dimensions and the analysis program was developed by using the Unity 3D. Considering the working area of the person, it is possible to analyze the surveillance point by dividing it into the head and the waist position. In order to verify the feasibility of the 3DVE as the analysis program, we assessed the crime prevention environment by digitally modeling the Donam Seowon(Historic Site No. 383) located in Nonsan. As a result of the study, it was possible to figure out the problems of patrol circulation, the blind spot, and the weak point in natural, mechanical, and organizational surveillance of Donam Seowon. The results of the 3DVE were displayed in 3D drawings, so that the position and object could be identified clearly. Surveillance during the daytime is higher in the order of natural, mechanical, and organizational surveillance, while surveillance during the night is higher in the order of organizational, mechanical, and natural surveillance. The more the position of the work area becomes low, the more it is easy to be shielded, so it is necessary to evaluate the waist position. It is possible to find out and display the blind spot by calculating the surveillance range according to the specification, installation location and height of CCTV. Organizational surveillance, which has been found to be complementary to mechanical surveillance, needs to be analyzed at the vulnerable time when crime might happen. Furthermore, it is note that the analysis of integrated surveillance can be effective in examining security light, CCTV, patrol circulation, and other factors. This study was able to diagnose the crime prevention environment by simulating the actual situation. Based on this study, consecutive researches should be conducted to evaluate and compare alternatives to design the crime prevention environment.

A Study on Gardening Theories of Li, Yu in 'Xian Qing Ou Ji' (한정우기(閑情偶寄)를 통해 본 이어(李漁)의 조원(造園) 이론)

  • Zhang, Lin;Jung, Woo-Jin;Sung, Jong-Sang
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.36 no.3
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    • pp.137-148
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    • 2018
  • Li Yu's Xian Qing Ou Ji was written during the late Ming and early Qing Dynasty when material culture flourished due to the development of the commercial economy. Xian Qing Ou Ji is considered a retrospective work that reflects the rich material society at that time. This study focuses on his gardening theories through the interpretation and analysis of these two texts of 'Jushibu(居室部)' and 'Zhongzhibu(種植部)' in Xian Qing Ou Ji. The results are summarized as follows. First, he explained the method of garden configuration and orientation according to the topography utilizing the theory of 'suiting one's measures to local conditions(因地制宜)'. He emphasized the detailed understanding of topography as the starting point for all the gardening theories. It stated that he tried to adjust the height of the terrain artificially to create an ideal form of 'anterior high and posterior low(前低後高)'. The successful arrangement of houses, pavilions, rockery and waterways et al. was able to be achieved because of his accurate understanding of topography. Second, 'borrowing scenery(取景在借)' means 'borrowing the outside scenery to the inside'. He applied this theory by 'viewing in motion(動觀)' and 'viewing in repose(靜觀)'. 'Viewing in motion' is seen as a positive methodology for landscape enjoyment. For example, the view through a window changes with movements of the boat, and it can portray thousands of landscape paintings which can be seen through the windows. In the case of 'viewing in repose', the window is regarded as a means of attracting outside garden views to the inside. Third, he emphasized 'the firmness of objects(制體宜堅)', where the design of windows and railings must be considered ahead of others. Fourth, he interpreted the contents of 'the pursuit of novelty(創異標新)'. This generalizes the characteristics of his gardening theory. The contents included 'hall wall(廳壁)', 'variable sun visor(活?)', 'hanging boards and couplets(聯?)' and 'method of supporting vines with bamboo screen(竹屛扶植法)'.

PST Member Behavior Analysis Based on Three-Dimensional Finite Element Analysis According to Load Combination and Thickness of Grouting Layer (하중조합과 충전층 두께에 따른 3차원 유한요소 해석에 의한 PST 부재의 거동 분석)

  • Seo, Hyun-Su;Kim, Jin-Sup;Kwon, Min-Ho
    • Journal of the Korea institute for structural maintenance and inspection
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    • v.22 no.6
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    • pp.53-62
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    • 2018
  • Follofwing the accelerating speed-up of trains and rising demand for large-volume transfer capacity, not only in Korea, but also around the world, track structures for trains have been improving consistently. Precast concrete slab track (PST), a concrete structure track, was developed as a system that can fulfil new safety and economic requirements for railroad traffic. The purpose of this study is to provide the information required for the development and design of the system in the future, by analyzing the behavior of each structural member of the PST system. The stress distribution result for different combinations of appropriate loads according to the KRL-2012 train load and KRC code was analyzed by conducting a three-dimensional finite element analysis, while the result for different thicknesses of the grouting layer is also presented. Among the structural members, the largest stress took place on the grouting layer. The stress changed sensitively following the thickness and the combination of loads. When compared with a case of applying only a vertical KRL-2012 load, the stress increased by 3.3 times and 14.1 times on a concrete panel and HSB, respectively, from the starting load and temperature load. When the thickness of the grouting layer increased from 20 mm to 80 mm, the stress generated on the concrete panel decreased by 4%, while the stress increased by 24% on the grouting layer. As for the cracking condition, tension cracking was caused locally on the grouting layer. Such a result indicates that more attention should be paid to the flexure and tension behavior from horizontal loads rather than from vertical loads when developing PST systems. In addition, the safety of each structural member must be ensured by maintaining the thickness of the grouting layer at 40 mm or more.

The knowledge and human resources distribution system for university-industry cooperation (대학에서 창출하는 지적/인적자원에 대한 기업연계 플랫폼: 인문사회계열을 중심으로)

  • Park, Yoon-Joo
    • Journal of Intelligence and Information Systems
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    • v.20 no.3
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    • pp.133-149
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    • 2014
  • One of the main purposes of universities is to create new intellectual resources that will increase social values. These intellectual resources include academic research papers, lecture notes, patents, and creative ideas produced by both professors and students. However, intellectual resources in universities are often not distributed to the actual users or companies; and moreover, they are not even systematically being managed inside of the universities. Therefore, it is almost impossible for companies to access the knowledge created by university students and professors to utilize them. Thus, the current level of knowledge sharing between universities and industries are very low. This causes a great extravagant with high-quality intellectual and human resources, and it leads to quite an amount of social loss in the modern society. In the 21st century, the creative ideas are the key growth powers for many industries. Many of the globally leading companies such as Fedex, Dell, and Facebook have established their business models based on the innovative ideas created by university students in undergraduate courses. This indicates that the unconventional ideas from young generations can create new growth power for companies and immensely increase social values. Therefore, this paper suggests of a new platform for intellectual properties distribution with university-industry cooperation. The suggested platform distributes intellectual resources of universities to industries. This platform has following characteristics. First, it distributes not only the intellectual resources, but also the human resources associated with the knowledge. Second, it diversifies the types of compensation for utilizing the intellectual properties, which are beneficial for both the university students and companies. For example, it extends the conventional monetary rewards to non-monetary rewards such as influencing on the participating internship programs or job interviews. Third, it suggests of a new knowledge map based on the relationships between key words, so that the various types of intellectual properties can be searched efficiently. In order to design the system platform, we surveyed 120 potential users to obtain the system requirements. First, 50 university students and 30 professors in humanities and social sciences departments were surveyed. We sent queries on what types of intellectual resources they produce per year, how many intellectual resources they produce, if they are willing to distribute their intellectual properties to the industries, and what types of compensations they expect in returns. Secondly, 40 entrepreneurs were surveyed, who are potential consumers of the intellectual properties of universities. We sent queries on what types of intellectual resources they want, what types of compensations they are willing to provide in returns, and what are the main factors they considered to be important when searching for the intellectual properties. The implications of this survey are as follows. First, entrepreneurs are willing to utilize intellectual properties created by both professors and students. They are more interested in creative ideas in universities rather than the academic papers or educational class materials. Second, non-monetary rewards, such as participating internship program or job interview, can be the appropriate types of compensations to replace monetary rewards. The results of the survey showed that majority of the university students were willing to provide their intellectual properties without any monetary rewards to earn the industrial networks with companies. Also, the entrepreneurs were willing to provide non-monetary compensation and hoped to have networks with university students for recruiting. Thus, the non-monetary rewards are mutually beneficial for both sides. Thirdly, classifying intellectual resources of universities based on the academic areas are inappropriate for efficient searching. Also, the various types of intellectual resources cannot be categorized into one standard. This paper suggests of a new platform for the distribution of intellectual materials and human resources, with university-industry cooperation based on these survey results. The suggested platform contains the four major components such as knowledge schema, knowledge map, system interface, and GUI (Graphic User Interface), and it presents the overall system architecture.

불공정거래행위 규제에 대한 발전적 입법론에 대하여

  • An, Byeong-Han
    • Journal of Korea Fair Competition Federation
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    • no.150
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    • pp.14-29
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    • 2010
  • 비록 부정경쟁방지법의 제정 목적이 부정경쟁행위 등의 방지를 통하여 건전한 거래질서를 유지한다는 의미의 경쟁체제 확립에 있기는 하지만, 우리나라의 경우는 법 제정 당시와는 달리 사실상 산업스파이에 대한 영업비밀의 보호나 주지의 상표 영업표지의 보호와 같은 지적재산권의 보호 법률로서의 역할로 점차 변화하고 있고, 특히 부정경쟁방지법이 주지의 상표에 대한 출처의 혼동에 대한 규제뿐만이 아니라 별도로 저명상표의 희석화(稀釋化) 방지라는 법익, 이에 더 나아가 도메인 네임(Domain Name)의 선점과 원산지 및 품질의 오인(誤認) 야기행위, 주지 저명한 타인의 디자인(Design), 캐릭터(Character)와 같은 상품의 표지에 이르기까지 지적재산권과 관련된 보다 넓은 법익의 보호까지 수행하게 되면서 그 기능은 날로 강화되고 있는 상태이다. 이에 반하여 부정경쟁방지법상의 부정경쟁행위 자체에 대한 규제는 사실상 주지 저명한 타인의 상표나 상품표지의 식별력이나 출처표시기능 등의 보호라는 의미의 분쟁수준을 넘지 못하고 있어, '경쟁법'으로서의 역할은 상대적으로 미약해지고 있는 것 또한 현실이다. 또한, 공정거래법 제23조 제1항 제8호를 비롯하여 현행 공정거래법상의 불공정거래행위에 대한 규정체제를 살펴보면, 해석 여하에 따라서는 부정경쟁방지법상의 부정경쟁행위가 대부분 공정거래법상의 불공정거래행위의 범위 내로 포섭될 수도 있는 상황이기도 하다. 이에 양 법률의 성격과 역할, 앞으로 나아가야 할 방향을 고민하지 않을 수 없고, 이와 같은 논의는 발전적 입법론으로서의 가치를 갖는다. 물론 불공정거래행위(부정경쟁행위)에 대한 규제에 있어서 반드시 독일법체계에 따를 것인지 아니면 미국의 경우를 따를 것인지에 대한 선택 자체가 논리적으로 양립 불가능한 것은 아닐 것이지만 우리나라의 경우는 1980년 "독점규제 및 공정거래에 관한 법률"이 제정되는 과정에서 당시 부정경쟁방지법에 담겨 있던 기존의 부정경쟁행위에 대한 규정과 공정거래법상의 불공정거래행위와의 경합이나 중복문제는 마땅히 검토되었어야 했음에도 불구하고 공정 거래법의 제정과정에서 사실상 부정경쟁방지법의 존재 자체가 간과되어 오늘에 이르고 있다. 그동안 양 법률상의 규정 중복이나 충돌을 정식으로 문제 삼았던 바는 없었지만 '발전적 입법론' 이라는 차원에서 살펴 보면 부정경쟁방지법상의 부정경쟁행위에 대한 규제는 앞으로 공정거래법체계 내의 불공정거래행위로 포섭할 필요가 있고 이를 통하여 경쟁정책의 전문 전담기구로서 불공정거래행위에 대한 규제의 중심에 서 있는 공정거래위원회를 중심으로 효율적이고 통일적인 경쟁정책을 확립을 기대하여 볼 수 있을 것이다. 이 과정에서 공정거래법의 변화 또한 뒤따라야 하는데, 부정경쟁방지법상의 부정경쟁행위의 편입에 따라 불공정거래행위에 대한 규정 일부를 알맞게 다시 수정하는 것에 그치지 않고, 기존 부정경쟁방지법이 인정하고 있었던 사인간(私人間) 금지 또는 예방청구권 또한 공정거래법으로 그대로 편입되는 방향으로의 입법 개선이 이루어질 필요가 있으며, 그동안 '부정경쟁방지법의 공정거래법으로의 편입문제'와는 전혀 무관하게 공정거래법의 사적 구제 및 사소(私訴)의 활성화 차원의 논의로서 공정거래법상 사인간 금지청구권의 도입 여부가 검토되어 왔지만, 앞으로 이 문제는 부정경쟁방지법상 부정경쟁행위의 공정거래법체계 내로의 편입문제와 함께 이를 포함한 더욱 큰 논의로서 다시 적극적으로 검토될 필요가 있다고 본다. 이를 통하여 앞으로 부정경쟁방지법은 특허청을 중심으로 산업스파이에 대한 규제나 영업비밀의 보호와 기타 지적재산권의 보호에 온 힘을 다하고, 공정거래법은 공정거래위원회를 중심으로 불공정거래행위 (부정경쟁행위에 대한 보다 포괄적이고 통일적인 규제를 담당하여 '선택과 집중' 이라는 차원의 각 법률체계의 한 차원 높은 발전 또한 기대해 볼 수 있을 것으로 확신한다. 이러한 합의점을 시작으로 미시적인 다음 단계의 논의에 해당하는 사인간 금지청구권의 허용범위나 허용요건, 남용을 방지하기 위한 제도적 장치, 단체소송 등의 허용 여부 등의 논의도 함께 하여야 할 것이고, 이 과정에서 미국의 클레이튼법(Clayton Act)이나 가까운 일본의 입법례를 참고하여 우리의 실정에 맞는 규제의 틀을 마련함이 타당할 것이고, 이를 통하여 궁극적으로 그동안 공정거래법의 사적 집행의 활성화를 통한 경쟁질서의 확립의 강화라는 이상에 더욱 가까워질 수 있는 좋은 입법적 변화의 모습을 볼 수 있을 것이라 생각한다.

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