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Land Law Meaning of the Land Development Permission System (토지개발허가제의 토지법적 의의 -「국토계획법」 제56조를 중심으로-)

  • Lee, Sun-Young;Kim, Sang-Jin
    • 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 Concept of 'Risk' and the Proportionality Review of Infectious Disease Prevention Measures (감염병 팬데믹에서의 '리스크' 개념과 방역조치에 대한 비례성 심사의 구체화 -집합제한조치에 대한 국내외 판결을 중심으로-)

  • You, Kihoon
    • The Korean Society of Law and Medicine
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    • v.23 no.3
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    • pp.139-207
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    • 2022
  • As various state restrictions on individual freedom were imposed during the COVID-19 pandemic, concerns have been raised that excessive infringements on fundamental rights were indiscriminately permitted based on the public interest of preventing infectious diseases. Therefore, the question of how to set acceptable limits of liberty restrictions on individuals has emerged. However, since the phenomenon of infections spreading to the population is only predicted statistically, how to deal with the risk of the infected individual as a subject of legal analysis has become a problem. In the absence of a theoretical framework of legal analysis of risk, the risk of infected individuals during the pandemic was not analyzed strictly, and proportionality review of infection prevention measures was often only an abstract comparison of the importance of public interest and individual rights. Therefore, this research aims to conduct a theoretical review on how risk can be conceptualized legally in a public health crisis, and to develop a theoretical framework for proportionality review of the risk of liberty-limiting measures during a pandemic. Chapter 2 analyzes the legal philosophical concepts of risk, which are the basis for liberty restrictions during a public health crisis, and applies and extends them to the pandemic. Chapter 3 reviews previous studies related to liberty restriction measures in the context of the COVID-19 pandemic, and points out they have a limitation that specific criteria for the proportionality review of public health measures in the pandemic have not been presented. Accordingly, Chapter 3 specifies the methodological framework for proportionality review, referring to the theoretical discussion on risks in Chapter 2. Chapter 4 reviews the legitimacy of gathering restriction orders, applying the theoretical discussion in Chapter 2 and the criteria for proportionality review established in Chapter 3. In particular, Section 4 examines logic of proportionality review in judicial precedents over the ban on gathering restrictions implemented in the COVID-19 pandemic. In analyzing the precedents, the logic of proportionality review in each case is critically reviewed and reconstructed based on the theoretical framework presented in this research.

An Overview of Surgical Treatment of Thymic Epithelial Tumors in Korea: A Retrospective Multicenter Analysis

  • Lee, Jun Oh;Lee, Geun Dong;Kim, Hyeong Ryul;Kim, Dong Kwan;Park, Seung-Il;Cho, Jong Ho;Kim, Hong Kwan;Choi, Yong Soo;Kim, Jhingook;Shim, Young Mog;Park, Samina;Park, In Kyu;Kang, Chang Hyun;Kim, Young Tae;Park, Seong Yong;Lee, Chang Young;Lee, Jin Gu;Kim, Dae Joon;Paik, Hyo Chae;the Korean Association for Research on the Thymus,
    • Journal of Chest Surgery
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    • v.55 no.2
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    • pp.126-142
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    • 2022
  • Background: Thymic epithelial tumors (TETs) are rare, and information regarding their surgical outcomes and prognostic factors has rapidly changed in the past few decades. We analyzed surgical treatment practices for TETs and outcomes in terms of overall survival (OS) and freedom from recurrence (FFR) during a 13-year period in Korea. Methods: In total, 1,298 patients with surgically resected TETs between 2000 and 2013 were enrolled retrospectively. OS and FFR were calculated using the Kaplan-Meier method and evaluated with the log-rank test. Prognostic factors for OS and FFR were analyzed with multivariable Cox regression. Results: A total of 1,098 patients were diagnosed with thymoma, and 200 patients were diagnosed with thymic carcinoma. Over the study period, the total number of patients with surgically treated TETs and the proportion of patients who underwent minimally invasive thymic surgery (MITS) increased annually. The 5-year and 10-year survival rates of surgically treated TETs were 91.0% and 82.1%, respectively. The 5-year and 10-year recurrence rates were 86.3% and 80.0%, respectively. The outcomes of surgically treated TETs improved over time. Multivariable Cox hazards analysis for OS, age, tumor size, and Masaoka-Koga stage were independent predictors of prognosis. The World Health Organization classification and tumor-node-metastasis (TNM) staging were also related to the prognosis of TETs. Conclusion: Surgical treatment of TETs achieved a good prognosis with a recent increase in MITS. The M-K stage was the most important prognostic factor for OS and FFR. The new TNM stage could also be an effective predictor of the outcomes of TETs.

The Family and Individual in the Transmedia Storytelling of Young Adult Narratives (청소년서사의 트랜스미디어 스토리텔링에 나타나는 가족과 개인)

  • Chung, Hye-Kyung
    • Journal of Popular Narrative
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    • v.27 no.2
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    • pp.215-262
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    • 2021
  • This thesis focuses on Wandeuki and Elegant Lies - novels written by Kim Ryeo-reong and adapted into the film by Director Lee Han; this thesis analyzes the process of storytelling being transformed as the media is converted. Also, this thesis discusses cultural-political implications of transmedia storytelling where different narrative responses coexist concerning post-IMF family disorganization and "individualization." First of all, this thesis critically reviews existing discourses on the concept of transmedia storytelling and refers to 'transfictionality' the narratological concept of Marie-Laure Ryan in order to look into media conversion storytelling that starts from original novels. The novels Wandeuki and Elegant Lies show two aspects of "individualization" that adopts existential conditions of family disorganization. Wandeuki deviates from patriarchal family romance through self-discovery and exhibits loose family bond, which is something similar to companionship of close individuals. Elegant Lies shows individualization of pain by portraying a teenager who found herself completely isolated, while showing that it is impossible for the people left behind to mourn. On the other hand, director Lee Han's films and show stories in which family members, who are confronting family dissolution, rediscover and restore their families against family dissolution. The film promotes the expansion of family community through multicultural identity, and the film completes condolence of the people left behind by having the remaining families survive as survivors of suicide. The storyworld of the novels puts emphasis on 'self-discovery' of individual adolescents, while the storyworld of the movies puts emphasis on 'rediscovery of family'. Through transformation of storytelling - especially the redesigning of narrative structures called "modification" - transmedia storytelling shows that the relationship between media-converted texts is far from "faithful representation," but rather, shows conflicting themes and perspectives. With a reference point of 'the emergence of character' transmedia storytelling, which is predicated on the original work but aims to free itself from the original work by transforming storytelling through media conversion, opens up polyphonic storyworld by creating heterogeneous voices. In the post IMF-era, where uncertainty mounts over family dissolution and individualization, polyphonic storyworld created by transmedia storytelling provides an opportunity to experience disparate desires over individual freedom/risk and complacency toward community. We can call this the cultural-political implication of transmedia storytelling based on transferring, transcednding, and transforming.

An Empirical Study on Public Value Conflict in Cultural Administration: Comparison and Analysis Based on Administrators, Planners, and Artists (문화행정의 공공성 가치충돌에 관한 실증연구 - 행정인, 기획인, 예술인 집단 비교분석 -)

  • Jang, Seok Ryu
    • Korean Association of Arts Management
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    • no.56
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    • pp.39-87
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    • 2020
  • This study empirically analyzed the value conflicts of cultural administration based on the needs of axiological discussions and the differences in intersubjectivity among the cultural administration groups and the contradicting attributes of culture and administration. The study classified the stakeholders into administrative staff, planners, and artists to compare their value priorities of publicness in cultural administration. A classification analysis was also conducted based on the normative by each group and the value distribution on a 2×2 value matrix between autonomy and accountability and fairness and efficiency. Based on the results of the quantitative study, the awareness of the relationships among the groups and cause and effects of value conflicts was analyzed through in-depth interviews. Thus, the study aimed to identify the directions for value distribution wherein the values of administration and culture can coexist and determine the implications of expanding this mutual understanding. The results revealed that in the conflict between autonomy and accountability, all groups had a greater awareness of accountability. In terms of normative aspects, it was possible to see a normative value line with an emphasis on autonomy, rather than on accountability from the lower stages on the budget hierarchy (administrators at the top, followed by planners and artists). In the conflict between autonomy and accountability, the size of dissonance between appropriateness and reality was the largest among the groups in the lower stages of the budget hierarchy, and became larger along the order of administrators, planners, and artists. In the conflict between efficiency and fairness, all groups had a greater awareness of efficiency. In terms of fairness in normative aspects, emphasis was placed on was artists, administrators, and planners, in that order. The size of dissonance between efficiency and fairness by groups became larger along the order of budget hierarchy-administrators, planners, and artists. Based on the results, the study compared and analyzed the 2×2 value matrix between the normative and actualities by groups. The normative value distribution emphasized Type 1 (accountability x fairness) as seeking communitarianism values through culture and Type 2 (autonomy x fairness) as seeking balanced values of cultural freedom of individualsonabalance. However, in actualities, although the communitarianism values of Type 1 were considered important, there were no distributions to the liberal values of Type 2, rather to the economic values of culture from Type 4 (accountability x efficiency). In summary, the Korean cultural administration isunderapressureof value distribution to emphasize the communitarianism and economic rather than liberal values, through bureaucratic control in actualities compared with the normative. This study will have significant implications on value distribution decision-making by groups and political implementations within the purview of cultural administration.

A Comparative Study on the Ways of Enjoying Xīsāishān Mountain, Scenic Site and Euisang(意象: Images) of it Shown on a Number of the Historic Korean and Chinese Literatures (한중 역대 문집에 나타난 명승(名勝) 서새산(西塞山) 향유방식과 의상(意象) 비교 고찰)

  • Park, So-Hyun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.40 no.2
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    • pp.24-33
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    • 2022
  • The travel notes and nature poems found in historic literary men's works can be considered historical records related to scenic sites. Such travel notes and nature poems are based on the writers' personal characters, experiences, learning and etc. Such works clearly show the characters of each literature, information of the related objects and the writers' thoughts of the objects. This study, thus, looked into Euisang on Xīsāishān Mountain that could be the origin of Eobusa(漁父詞) loved and sung by Korean historic literary men, and found that the Korean and Chinese literary men's thoughts were shown through their ways to enjoy Xīsāishān Mountain and their Euisang on the mountain, which was different between the Korean and Chinese literary men depending on the geographical locations described in their poems. In detail, the study results are: 1. Such difference of the ways to enjoy Xīsāishān Mountain, the scenic site described in historic Korean and Chinese literary men's work is broadly classified into the ways to enjoy the scenic site by seeing it in person and the ways to enjoy it under the mental structure of speculation. 2. Xīsāishān Mountain in Wuxing is the background of Yújiāzi(漁家子) of the painting Zhāngzhìhé, is boasting its distinguished beautiful nature, and is the place where the Confucian Study of Hú(湖學) was originated. It is also the place known of its warmhearted climate. Therefore, Euisang on Xīsāishān Mountain under such beautiful and warmhearted circumstance are realized as the complete freedom and seclusion in Taoism and the satisfaction with the given environment and position in Confucianism. 3. Xīsāishān Mountain in Wǔchāng is a military strategic point with rugged mountain terrain and scenery that has been a historic ferocious battlefield and related with the loyal civil servant Qū Yuán. The Euisang on Xīsāishān Mountain in Wǔchāng, therefore, represents the nature scenery of a rugged fortress and patriotism of Confucianism. 4. The Korean literary men's way to enjoy Xīsāishān Mountain is Shinyu(神遊: spiritual travel), so that their Euisang is formed according to the direction of the writer's values. Especially it is noted that Korean Euisang on Xīsāishān Mountain is originally based on the painting Zhāngzhìhé that shows the complete free mood of Taoism; and the Euisang on Xīsāishān Mountain that came from the mindful image by the poet monk Qíjǐ of Tang dynasty and Kim Si-seup appears with such Buddhist ways to seek the truth as SakGongIlYeo(色空一如: Being full is essentially as same as being vacant) and GyeonSeongSeongBul(見性成佛: Everybody can become Buddha by enlightenment).

Cultural Diversity and Repression in Communities: A Study on China and Latin America (공동체에서의 문화 다양성과 억압 -중국과 라틴아메리카를 중심으로-)

  • Kim Dug-sam
    • Journal of the Daesoon Academy of Sciences
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    • v.44
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    • pp.177-212
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    • 2023
  • In this study, discussions of the suppression of cultural diversity in communities was conducted. First, based on the studies conducted so far and recent changes, the oppression that exists between the Chinese government and ethnic minorities was considered. The visible suppression mentioned was the expansion of Han Chinese Mandarin language education, sanctions on minority languages, and the expansion of higher education at the exclusion of minority identities. In terms of 'invisible' oppression, urbanization, urban development with modernization at the forefront, and the use of officials from minority ethnic groups educated by the central government were items that were discussed. Next, the case of Latin America was examined. In particular, attention was paid to the theory of resistance against Europeans and European culture. Based off of the worries and experiences of Latin American intellectuals who have underwent oppression as individuals from culturally diverse backgrounds, a mature theory was formulated that could be used to defend Chinese minorities in the future. There is a specificity to the problem of Chinese minority communities. However, from a large perspective, experience and self-critical exploration in Latin America serve as an opportunity to expand the specificity of Chinese minority communities. Their situation resembles previous situations in Latin America when native cultures were being culturally eroded by Europe. Thus, as Latin American scholars argue, a shift in perception is necessary. In addition to this, in the text, it is likewise necessary to reflect on diversity, freedom, and mutualistic respect. There are proposals advocating for the realization of Heyibutong (和而不同 harmony but not through sameness) based on the situation in China. In the process of this consideration, much thought was given about what the observed communities are like and what a hypothetically desirable community would be like. This extends not only to Chinese minority communities and native residents of Latin America, but also to Asians in the United States and foreigners in Korea. Through this, it is hoped that desirable communities characterized by cultural diversity can be skillfully pursued.

Daesoon Jinrihoe's View of Human Beings (대순진리회의 인간관)

  • Ko, Byoung-chul
    • Journal of the Daesoon Academy of Sciences
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    • v.28
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    • pp.1-34
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    • 2017
  • This paper aims to understand the Daesoon Jinrihoe's view of human beings within the context of Korean religious history. Here, the context of Korean religious history refers to the view that every religion, including its doctrine, ritual, and organization is created in a specific historical context. In accordance with the purpose of this research, this paper consists of three main parts: firstly, chapter 2, 'An approach to the preceding research,' focuses on the previous studies on Daesoon Jinrihoe's view of human beings. In this part, I have divided the previous studies into psychological, philosophical, educational, and comparative approaches. These prior studies show that studies on the view of human beings started with approaches based on psychology and scriptural interpretations which were later extended to philosophical, educational, and comparative fields of study. However, these studies suggest that there are more suitable explanatory factors to explain the view of human beings. Secondly, chapter 3 (Daesoon Jinrihoe's view of human beings) explains the view of human beings through the utilization of six factors. This six factors are as follows: the origin of human beings, components of human beings, the final judgment after death, the independence and subjectivity of human beings, the purpose(s) of life, and the practices of life. In comparison with previous studies, these explanatory factors may contribute to a more specific explanation of the view of human beings. Thirdly, chapter 4 ('Remaining problems') focuses on future research tasks based on the six factors mentioned above. In this part, I pointed out various research tasks that have to be considered in future studies of Daesoon Jinrihoe's view of human beings, especially in connection to other religions. Finally, in the conclusion, I present two tasks for active research on the Daesoon Jinrihoe's view of human beings. One is the task of incorporating the terms related to humanity into Daesoon Jinrihoe's dictionary of scriptural terms. The other is the task of establishing a department to discuss doctrine and related issues.

A Study on the Future Prospect for Establishing the True Donghak Phase of Daesoon Thought (대순사상의 참동학 위상정립을 위한 미래관 연구)

  • Kim, Yong-hwan
    • Journal of the Daesoon Academy of Sciences
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    • v.29
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    • pp.1-36
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    • 2017
  • The purpose of this article is to investigate the future prospects for establishing the True Donghak phase of Daesoon Thought. The True Donghak refers to 'the future prospect of having a true life, true thinking, and true living' in which enjoying the world in a state of good fortune became a true reality after the death of Suwun, according to faith in Gucheon Sangje. The correlation between "Attending to the Lord of Heaven" in Donghak, and "The Reordering Works of Heaven and Earth" in Daesoon shows the prospect of achieving the Daesoonist transformation into energy to gain true life and re-creation. The correlation between "Nourishing the Lord of Heaven" in Donghak and "Attending to Study and Attending to Law" in Daesoon show the transformation of Daesoon-reason into true thinking and renewing. The correlation between "Humanity is Divine" in Donghak and "The Salvation of Humanity is the Will of Heaven" in Daesoon show transformation into the practice of Daesoon for the true living and renewing. This investigation utilizes the literature review and the generation theory of life-philosophy to examine revelations regarding the conversation between Spirit and Mind. This is the future prospect for the establishing the True Donghak phase of Daesoon thought. It consists of a threefold connection among life, thinking, and living. The "public-centered spirituality of Daesoon Truth" which connects and mediates among people appears in three aspects. Firstly, it is thought to be the vision of the true life through the 'renewal of active, energetic power' bestowed by Gucheon Sangje. Secondly, it is thought to be the vision of true thinking through the "renewal via freedom from delusion". Thirdly, it is thought to be the vision of true living through the "renewal of true mind". To bring about the creation of true Donghak, Gucheon Sangje incarnated to the Korean peninsula instead of Suwun and the salvation of the world salvation now centers on Korea with regards to the threefold connection future prospect. Gucheon Sangje's revelation addresses and solves the postscript problem of Chosun and further establishes a Utopia. Suwun established Donghak but failed later on due to his lankiness. At last the true Donghak has been opened for the future by Gucheon Sangje and Jeongsan's fifty years of religious accomplishments. In the long run, it has been developed further by Woodang's Daesoon Jinrihoe.

Impact and significance of Nongak(農樂) education in Agricultural High School since 1950 on the modern Korean Nongak History (1950년대 중반 이후 농림/농업고등학교에서의 농악(農樂) 교육이 한국농악 현대사에 끼친 영향과 의의)

  • Yang, Ok-Kyung
    • (The) Research of the performance art and culture
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    • no.40
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    • pp.111-136
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    • 2020
  • Agricultural high schools are undergoing a change their name from the mid-1950s to the 2000s. Although it varies slightly depending on the case, it has been changed from 'rural forests' to 'agricultural farms' or 'agricultural industries' and 'life sciences high schools' in turn. In several aricultural high schools had managed Nongak Department(class), it's guarantees the continuity of Korea's traditional folk art. Examples include entertainment and farming in Honam region of Jeonju aricultural high School in North Jeolla Province, Geumsan aricultural high School in South Chungcheong Province, Gimcheon aricultural high School in North Gyeongsang Province. Therefore, the interpretation and significance of studies should follow. This method of Nongak education in modern school institutions is a new phenomenon in the history of Nongak after modern time, the emergence of a whole new pattern of professional entertainment Nongak after paving and Female-Nongak, as well as local traditional folk music. Education here was conducted in such a way that the best performers of the time were invited as guidance teachers among traditional folk artists. Thus, various local and professional music and entertainment were able to be promoted Apart from the social relations of delay, social progress, and economy, the education of farming and music, which consists of teachers and students in public schools, has provided an environment where unlimited freedom is allowed for art forms. In other words, the conditions for a new performance style experiment and creative fusion were met, and the foundation for the development of professional musical performers who had acquired individualized talents from previous generations was laid down in the context of the phenomenon of active stage music and theater performance of outstanding in the culture of Nongak. In other words, the Department of Agriculture and aricultural high school was a very free space compared to other communities' and economic community's agricultural music in social relationships bound by traditional cultural customs. This is why they have created a new style of performance through a new experiment and a different traditional performance repertoire, and their activities have led to a more stylistic expansion from traditional farming. More importantly, the figures who came across Agricultural Nongak department became the main experts of traditional Korean folk music nowdays. Thus, Nongak Department, operated by the Agriculture and Forestry High School, was a space where would give a very important meaning in terms of Nongak history.