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A Cargo Insurer's Right of Direct Action against P&I Club - Focused on Docket No.2012 gadan 503694 in Seoul Central District Court- (선주상호보험조합에 대한 적하보험자의 직접청구권 -서울중앙지방법원 2012가단503694 판결을 중심으로-)

  • Lee, Wonjeong
    • Journal of Korea Port Economic Association
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    • v.30 no.4
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    • pp.111-130
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    • 2014
  • The article 742(2) of the Korean Commercial Code allowed the third party to invoke a direct action against the insurer under a liability insurance. Meanwhile, the owners of the vessel enter into the P&I Insurance Contract with the P&I Club to indemnify all kinds of liability or expenses involved in the operation of its vessel. However, the Rule Book under the P&I Insurance mostly included the Pay to be Paid Clause which precludes the third party's direct action. Recently, the Seoul Central District Court passed a judgement on the validity of the Pay to be Paid Clause under the Korean law against the third party i.e. the cargo insurer having the right of subrogation. The court held that (1) the third party's right of direct action is not the right to claim insurance money but the right to claim damages against the P&I Club, (2) the insurer under a liability insurance is deemed to assume liability jointly and severally with the insured against the third party, (3) the Article 742(2) of the Korean Commercial Code is considered as a compulsory provision because it was invented to protect the innocent third party, the Paid to be Paid Clause is thus null and void. The purpose of this article is to evaluate the appropriateness of this court's judgments by comparative analysis of Korean and English law, and to suggest the relevant amendments of the Korean Commercial Code in order to prevent further legal disputes. The article criticizes the decision of the Seoul Central District Court, taking the attitude that, since the third party's right is the right to claim insurance money, the Paid to be Paid Clause is valid against the third party.

The Usage of the Vulgate Bible in the European Catholicism: from the Council of Trent until the Second Council of Vatican (유럽 천주교의 불가타 성경 사용 양상: 트렌토 공의회 이후부터 2차 바티칸 공의회 이전까지)

  • CHO, Hyeon Beom
    • The Critical Review of Religion and Culture
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    • no.32
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    • pp.257-287
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    • 2017
  • It seems to be quite an ambitious endeavor to trace back the translation history of Catholic Vulgate Bible from Latin language to Asian languages since 16th century. I try to bring out the translation(translative) procedure of Latin Bible to the Chinese Version, which is eventually come up (and the latter)to the Korean Version. It has been supported and funded by the National Research Foundation of Korea. This task has a three-year plan. For the first step(operation), I examined and searched the European situation of the Vulgate Bible in the Catholic Church, i.e. the ritual use of Vulgate Bible in the Mass and the religious retreat. The liturgical texts, to begin with, were analysed to disclose how the Vulgate Bible was reflected in them. The Lectionary and the Evangeliary were the typical ones. The structure or the formation system of the Lectionaries for Mass was based on the liturgical year cycle. From this point, the Vulgate Bible was rooted in the religious life of European Catholics after the Council of Trent which had proclaimed the Vulgate to be authentic source of the Revelation, therefore, to be respected as the only authoritative Bible. How did the Catholic Church use the Vulgate Bible out of the context and the boundary (sphere) of liturgy? The Meditation guide books for the purpose of instructing the religious retreat was published and (diffused) circulated among the priests, the religious persons and even the laymen. In those books also were included (found) the citation, the interpretation and the commentaries of the Vulgate Bible. The most of the devotees in Europe read the biblical phrases out of the meditation guide books. There are still remained the unsolved problems of how to understand (for understanding) the actual aspect of the Vulgate Bible in the European Catholic Church. All the Biblical verses were translated into French and included in the meditation guide books published in France. What did the Holy See think the French translation of the Vulgate Bible? Unfortunately, there were not found the Vatican Decrees about the European translation of the Vulgate Bible. The relationship between the Vulgate Bible and the Meditation guide (Those) will be much important for the study of Chinese translation of it. The search for the Decrees and the researches on it and the European and the non-European translations of the Vulgate Bible will be a continuous task for me as well as the other researchers on these subjects in the future.

A Jungian Perspective on 'Spiritual Exercises' of St. Ignatius (이냐시오 '영신수련'에 대한 분석심리학적 고찰)

  • Jung Taek Kim
    • Sim-seong Yeon-gu
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    • v.25 no.1
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    • pp.27-64
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    • 2010
  • The main focus of this article investigates Jung's analytic implications of the Spiritual Exercises by St. Ignatius of Loyola. The Exercises is referred to not only as the tool for transformation that transformed Ignatius from a soldier of the world into a soldier of God and led him to a completely changed life but also as a tool which galvanizes self-realization, i.e., individuation process, in which a faithful experiences the presence of God in his life and is in search for himself in a new way. The interest in the Exercises regarded as a Western version of Yoga of the East which is a tool for transformation led Jung to give a series of 20 lectures on the Exercises in a seminar held in Zurich from 1939 to 1940. Curiosity about Jung's understanding on the Exercises provokes my desire to step into this research. The Exercises is a book for spiritual exercises that prepare and dispose one's soul to rid itself of all disordered attachments and to order one's life. The Exercises is made up of four Weeks. The First begins with 'Principle and Foundation' which illustrates what human beings are created for. It leads retreatants to rid themselves of disordered attachments and to have a new perspective on life by the consideration and contemplation of sins as the subversion of the Principle and Foundation. The Second is the period in which retreatants accept Christ as the Master of their lives through the meditation and contemplation of the life of Christ. In the Third, retreatants take part in the salvation history of Christ not only by actively participating in the Passion of Christ but also by incorporating the Passion into their lives. The Fourth aids retreatants to undergo their transformation and experience it deeply in order to participate in the new life of Christ who by His resurrection overcame death. In conclusion, Jung viewed the Exercises as a Western tool which plays the similar role of Yoga of the East which engenders inner transformation. The four-week-long retreat helps retreatants to meditate on God who unifies everything and is Himself/Herself the perfect union or the unity so that imperfect retreatants are given opportunities to undergo complete metamorphosis into the immortal, indivisible, and impeccable God. Jung understood that this metamorphosis leads human beings to the totality, that is, the genuine self as the image of God. The author interprets that it is the transformation that the Exercises tries to attain, which resonates with individuation, the key element of analytic psychology.