• (The)Study of the Eastern Classic
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• no.49
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• pp.325-355
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• 2012

This research aims to generalize the thoughts of military science of the intellectuals through the books on military arts and science, which were published in the early Joseon Dynasty. In the early Joseon dynasty, it was in a position to establish the foundation in the new monarch internally, and, at the same time, to overcome foreign powers on both northern and southern borders externally. Thus, the books on military arts and science should have to be published under a premise of such situations. Accordingly, the books on military arts and science of those days took account of political stability having reflected the activities not only as the founder of Joseon but also as the military officer in the late Goryeo along with the books' own purpose to found military arts and sciences. The books on military arts and science that published in the early Joseon Dynasty were written mostly based on Chinese military books and its annotations, except some descriptions of the history of war. However, the intellectuals at that time endeavored to redefine military arts and science from the perspective of Confucianism having evaluated Chinese military science books that were biased to boost Machiavellian tactics. As a result of this, the geographical distinctions between China and Korea were the start of an argument for the military arts and science. There were also disputes over the relationships between the military science and the Yin-Yang School, and between the military science and Confucian school. Organizing our country's own history of war for the first time in the early Joseon Dynasty is worth for putting a high evaluation. However, it cannot help but to point out the limits of the books that there are noticeable descriptions about the factors related to toadyism, and that there are no descriptions about the wars against Japanese raiders. The books on military arts and science in the early Joseon Dynasty put emphasis on the commander's leadership that should be good at both literary and martial arts, as well as the harmony in military-to-military relations. After all, the intellectuals in the early Joseon Dynasty had linked the military arts and science to the sages of Confucian school under a premise that scholarship is to be used in combination with martial arts. And, as the nexus between the two, they noted the items of virtue, such as humaneness and righteousness (仁義); ritual and music (禮樂); loyalty and filial piety (忠孝); three fundamental principles (三綱); five moral disciplines (五倫). It can be said that this point is the typical features of the military arts and science in the early Joseon Dynasty, which cannot be found in Chinese military classics.

• 한국사회정책
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• v.25 no.3
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• pp.37-71
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• 2018

Since 2016, public and political interest on basic income has been increased beyond academic interest. The recent debate on basic income has expanded on issues regarding to the concrete implementation of basic income moving further than the debate on conception of the basic income in the abstract level. This study examines major critiques of basic income which was raised from social policy area and makes a counter-argument on these critiques. Major points summarized as follows. First, the problem of jobs and social insurance exclusion is not serious enough to call for basic income. Second, existing social security systems will be crowded out by excessive financial burden if basic income is introduced. Third, policies to cultivate citizens' capacities to cope with a technological change should be given priority over basic income. This study disputes these critiques by counter arguing four points. First, it is necessary to reconstruct welfare state based on basic income, given the labor market changes, such as long-term trend of employment change, newly emerging employment of platform companies, and inconsistency of platform labor and social insurance. Second, hypothesis of crowding-out effect on social security system is just a criticism that can be applied to the basic income initiative of the right-wing. Also, it is unable to find a logical basis or evidence of this hypothesis from the historical process of welfare state development or previous studies. Third, it is necessary to discuss how to reconfigure existing social security system and basic income which are complementary to each other and also have consistency with labor market as a configuration, not as a matter of choosing between basic income and social security system. Fourth, de-laborization does not mean a refusal to labor but a free choice, and the basic principle of social security is not needs but right. In conclusion, in order to develop more productive debate on basic income, it requires more sophisticated discussion and criticism from the point of view of the distributive justice; the debate on the sustainability of social insurance-centered welfare states; and debates on the political realization of basic income.

• Korean Journal of Labor Studies
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• v.24 no.1
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• pp.107-156
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• 2018

This article examines the history of the in - house subcontracting and the stabilization of labor - management relations in the steel industry in Japan. The ratio of in-house subcontract workers among steel workers has increased steadily until the mid-2000s, and about 70% in case of the largest company. In-house subcontracting was used as a strategy of the company to increase the quantity flexibility of employment and to save labor costs. The in-house subcontracting company needed company-specialized skills, and the internal labor market was formed because the rate of full-time workers was high and the turnover rate was low. The in-house subcontractor introduced long-term business relationship with the steel factory by introducing the equipment and materials necessary for the performance of the work, and the factory implemented the productivity improvement policy of the in-house subcontractor, and the win-win relationship between the factory and in-house subcontractor was developed. The trade union did not oppose the idea that the expansion of in-house subcontracting contributed to corporate profits, the stability of employment of the members and maintenance of their working conditions. Since 2000, the steel factory has pursued the transformation of in - house subcontractors into subsidiaries, which has been supported by capital relations. By the way, since the mid-2000s, there has been an increase in the number of regular workers' employment. The major factors are as follows: more strengthened compliance with laws and regulations, the higher quality request of customers, stricter keeping of deadlines, and problem in recruiting of workers at in-house subcontract companies. The wage gap between the factory and in - house subcontracting was less at company B than at company S, and the wage level of in - house subcontracting was about 90% of the factory at company B. The relatively small gap at company B seems to be due to the union's movement of narrowing the gap, low market dominance and unfavorable labor market. The internal labor market has been formed in the in-house subcontracting, and the wage gap is not large, and the possibility of labor disputes is low. Industrial relations are stable in the in-house subcontract company as well as the factory. The stabilization of labor-management relations in the steel industry in Korea is required to reduce the wage gap between the factory and in-house subcontract enterprises by raising productivity and expanding the internal labor market at in-house subcontract enterprises.

• Journal of Food Hygiene and Safety
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• v.34 no.1
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• pp.65-72
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• 2019

This study was aimed at investigating the levels of the natural preservatives of benzoic, sorbic and propionic acids in cereal grains, nuts and seeds. Benzoic and sorbic acid were analyzed by high-performance liquid chromatography with a diode-array detector (HPLC-DAD) and further confirmed by liquid chromatography-tandem mass spectrometry (LC-MS/MS), whereas propionic acid was analyzed using a gas chromatography-flame ionization detector (GC-FID) and further confirmed by gas chromatography-mass spectrometry (GC-MS). Benzoic, sorbic and propionic acids were found in 44, 22, and 550 samples out of 702 samples, respectively. From the total of 702 samples. The concentrations of benzoic, sorbic and propionic acid were ranged from not detected (ND) to 23.74 mg/L, from ND to 7.90 mg/L, and from ND to 37.39 mg/L in cereal grains, nuts and seeds, respectively. The concentration ranges determined in this study could be used as standard criteria in the process of inspecting cereal grains, nuts and seeds for preservatives as well as to address consumer complaints or trade disputes.

• The Korean Journal of Archival Studies
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• no.21
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• pp.283-322
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• 2009

Legislation and enforcement of the Presidential Records Management Law was an important turning point in Korean archival management history. In the past, the notion of presidential records was vague. The law was a starting point of establishing presidential records management. The Presidential Records Management Law provides the definition of presidential records and its scope, and establishes the protection of presidential records through restricted access to the records. The key to the law is to enable a president freely to produce records and transfer them to the next administration without omission. In other words, it aims to stop the practice that presidential records are produced but never be left. But, 'disputes over the release of presidential records' and the disclosing of access-restricted presidential records presented a crisis to national records management as well as the prospect of presidential records management, even if they were 'legal procedures.' The instability of presidential records management could give a serious impact on the national records management and its operation. Amid this situation, it is required to review the presidential records management system and provide recommendations for improvement, even if the enforcement of law has just started. The most urgent things in improving presidential records management are to secure its independence, specialty, and to complement restricted access to presidential records. For securing independency, presidential records management should be done by a separate organization other than the National Archives of Korea while for promoting specialty, a newly established organization could serve as a professional archive. And for complementing restricted access to the presidential records, the access should be more limited. In other words, more discretion is needed in permitting access. And more specific regulations should be applied to the permitted records. However, these regulatory actions may not have effects unless independency is not secured. Thus, more fundamentally, independency of the National Archives of Korea should be first established.

• Journal of Science and Technology Studies
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• v.19 no.1
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• pp.1-51
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• 2019

The understanding of law and science as fundamentally different two systems, in which fact stands against justice, rapid progress against prudent process, is far too simple to be valid. Nonetheless, such account is commonly employed to explain the tension between law and science or justice and truth. Previous STS research raises fundamental doubts upon the off-the-shelf concept of "scientific truth" that can be introduced to the court for legal judgment. Delimiting the qualification of the expert, the value of the expert knowledge, or the criteria of the scientific expertise have always included social negotiation. What are the values that are affecting the boundary-making of the thing called "modern science" that is supposedly useful in solving legal conflicts? How do the value of law and the meaning of justice change as the boundaries of modern science take shapes? What is the significance of "science" when it is emphasized, particularly in relation to the legal provisions of paternity, and how does this perception of science affect unfoldings of legal disputes? In order to explore the answers to the above questions, we follow a process in which a type of "knowledge-deficient model" of a court-that is, law lags behind science and thus, under-employs its useful functions-can be closely examined. We attend to a series of discussions and subsequent changes that occurred in the US courts between 1930s and 1970s, when blood type tests began to be used to determine parental relations. In conclusion, we argue that it was neither nature nor truth in itself that was excavated by forensic scientists and legal practitioners, who regarded blood type tests as a truth machine. Rather, it was their careful practices and crafty narratives that made the roadmaps of modern science, technology, and society on which complex tensions between modern states, families, and courts were seen to be "resolved".

• Journal of the Korean Institute of Landscape Architecture
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• v.49 no.5
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• pp.59-70
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• 2021

This study was to investigate the measurement point of root collar diameter of landscape trees in Korea. It may contribute to avoiding disputes caused by the difference in measurement criteria of root collar diameter of landscape trees between tree growers and constructors. The difference between landscape trees' root collar diameter measurement point was 3.59cm from 6cm underground to the surface and 1.35cm from 0cm to 6cm above ground. The source root collar diameter measurement point difference was larger in the basement than in the ground. The standard deviation of the root collar diameter of the landscape tree was 0.64 from 6cm underground to the surface, and the difference in standard deviation from 0cm to 6cm above ground was 0.16. The difference by measurement point of the root collar diameter was larger in the basement than in the ground. It has been proposed to set the reasonable measurement point of the landscaping tree root collar diameter at the inflection point where the standard deviation of the tree trunk diameter is the smallest in line with the size change of the standard for each root collar diameter measurement point. By tree species, Cornus officinalis Siebold & Zucc. 18cm above the ground, Chionanthus retusus Lindl. & Paxton. 12cm above the ground, Zelkova serrata (Thunb.) Makino. 12cm above the ground, Celtis sinensis Pers. 12cm above the ground, Styrax japonicus Siebold & Zucc. 10 cm above the ground, Cornus officinalis Siebold & Zucc. 10cm above the ground, Acer palmatum Thunb. ex Murray. 6cm above the ground, Ilex rotunda Thunb. 6cm above the ground, Quercus myrsmaefolia Blume. 4cm above the ground, Lagerstroemia indica L. 2cm above the ground The above heights were shown as reasonable measurement points. The difference by landscape tree root collar diameter measurement site showed that the standard deviation was small throughout the tree species, and the reasonable average measurement point with a stable slope of the deviation was 12cm or more on average. It can be said that the reasonable measurement point of the root collar diameter of a landscape tree is set at an average of 12cm above the ground. However, recognizing 30cm, which is a familiar ruler(尺) in traditional practices, is quick, It was recommended to measure at the height of 30cm from the surface for a reasonable measurement point of the root collar diameter of a landscape tree, for the uniformity of measurement standards.

• Journal of Legislation Research
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• no.54
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• pp.303-343
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• 2018

In 2013 a new era for EU patent law system was launched. The creation of the EU patent with unitary effect and the establishment of the Unified Patent Court established a new legal framework on substantive patent protection and patent litigation in Europe. This year the EU Patent Package would become a reality. It includes a regulation on a unitary patent, a regulation on the translation regime and an international Agreement on the Unitary Patent Court. In contrast to the classical European patent, the post-grant life of unitary patent will be governed by the newly created unified patent court and it will have unitary effect. In this article, I highlight the effect of the unitary patent and the jurisdiction of the unified patent court over unitary patents (and 'traditional' patents granted under the EPC that are not opted-out) for actions in relation to patent infringement or to revocation of a European patent and to licences of right. This article explores on the one hand the relation between national patent, the classical European patent and EU patent with unitary effect and on the other hand the relation of unified patent court to the Brussels $I^{bis}$ Regulation. Particular attention is paid to the institutional changes created by the unitary patent package abd the new supplementary forum that enables the UPC to hear disputes involving defendants from third States that relate to an infringement of a European patent and give rise to damage inside as well as outside the Union. Furthermore on the perspective North-east Asia this essay examines the lessons from the experiences of EU patent package.

• Journal of Legislation Research
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• no.55
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• pp.167-191
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• 2018

Despite international cooperation, piracy has not yet been eradicated in major waters around the world. From the perspective of South Korea, which is absolutely dependent on exporting and importing, it's a lifeline for us to secure safe maritime traffic so it is a situation we have to be vigilant about maritime safety and security. However, criminal law on punishment of piracy is still insufficient and legislative consideration is needed. Since pirates are regarded as enemies of humankind, all nations can punish pirates regardless of their damage. The international community has done its best in cooperation from hundreds of years ago to secure maritime trade through this universal jurisdiction and marine transportation in international waters which is an essential space for military activities, particularly in the Gulf of Aden, the advanced nations have dispatched fleets to combat maritime security threats through joint operations to crack down on Somali pirates. Even if universal jurisdiction is allowed for piracy in accordance with the International Convention on Human Rights and the United Nations Convention on the Law of the Sea, it is difficult to effectively deal with piracy if it not fully complied with a domestic legal system for this purpose or is stipulated as different from international regulations. In other words, universal jurisdiction corresponding to international norms and constitution of piracy should be defined in criminal law in accordance with criminal statutory law. If the punishment of pirates by unreasonably applying our criminal law without prejudice to such work can lead to diplomatic disputes in violation of the Universal Declaration of Human Rights or other international norms. In South Korea, there is no provision to explicitly prescribe piracy as a crime, but punish similar acts like piracy in criminal law and maritime safety law. However, there is a limit to effective piracy punishment because we are not fully involved in internationally accepted piracy. In this study, we critically examine the proposals of the constitutional elements of piracy, propose the legislative direction, and insist on the introduction of globalism to pirate sins.

• The Journal of Korean Philosophical History
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• no.42
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• pp.71-103
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• 2014

Park Se-dang (朴世堂, 1629-1703) is a figure rebuked as a "disturbing enemy of the Confucian canon" (斯文亂賊), having composed the Namhwagyeong Joohaesanbo (南華經註解刪補), the sole commentary on every chapter of the Zhuangzi (莊子) in Joseon Dynasty. This article purports to articulate the significance of Park Se-dang's composition of the Namhwagyeong Joohaesanbo within Joseon Dynasty in the 17th century, through the comparison between him and Zhu Xi (朱熹, 1130-1200), the founder of Neo-Confucianism, the mainstream ideology of Joseon Dynasty, in their recognition of the Zhuangzi. Since Neo-Confucianism attained an absolute status as the canonical doctrine in Joseon Dynasty, the other thoughts, including the thoughts of the Laozi and the Zhuangzi, could not be discussed without their relationship with it. Park Se-dang's recognition of the Zhuangzi does not deviate far from Zhu Xi's recognition of it. While his composition of the Namhwagyeong Joohaesanbo might be said to have inherited and deepened Zhu Xi's recognition, it can also be seen as an attempt to escape from Neo-Confucianism in some aspects. Due to this complication, when the faction of the Noron (老論, a faction separated from the Seoin in the Joseon Dynasty, the hard-liners) rebuked him as a "disturbing enemy of the Confucian canon," they did not mention neither his Shinjoo Dodeokgyeong (新註道德經, New Commentary on the Laozi) nor his Namhwagyeong Joohaesanbo. In his Namhwagyeong Joohaesanbo, Park Se-dang does not think that the Zhuangzi is in diametrical opposition to Confucian thoughts. Firstly, he emphasizes that Zhuangzi faces the actual world with ultimately positive concern, though from a critical perspective. Secondly, he seeks common grounds between the thoughts of Zhuangzi and Confucians, proving that Zhuangzi emphasizes human relationships between father and son or between king and subject. Thirdly, he illuminates Zhuangzi's theory of human nature from a new perspective in order to reestablish Confucian theory of human nature. Fourthly, he attempts to apply Zhuangzi's thoughts in order to overcome contemporary consumptive political feuds, including the splits of political factions or the disputes about ritual proprieties (禮訟論爭). Park Se-dang's composition of Shinjoo Dodeokgyeong and Namhwagyeong Joohaesanbo was a complementary measure for Confucianism, his proper mainstay being Confucianism. He attempted to escape, not from Confucianism itself, but from the absolutism of Neo-Confucianism. In the 17th century Joseon Dynasty, when Neo-Confucianism was becoming dogmatized and absolutized as a canonical doctrine and a dominant ideology, Park Se-dang's composition of Namhwagyeong Joohaesanbo was a very innovative attempt, which shows that he established himself as a pioneer to escape Neo-Confucianism, having consolidated his own unique and progressive academic province, differentiating himself from traditional Confucian scholars in his objective.