• Title/Summary/Keyword: justice

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Square and Court -Social Imagination of Korean Cinema in Blacklist Era (광장과 법정 -블랙리스트 시대 한국영화의 사회적 상상력)

  • Song, Hyo-Joung
    • Journal of Popular Narrative
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    • v.25 no.4
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    • pp.159-190
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    • 2019
  • This paper aims to examine to the political unconsciousness of social movies that have caused social repercussions in the 2010s, and to study the social imagination of Korean films at that time. Korean Movies such as (2013), <1987>(2017) and (2017) reflect the ethos of civil society based on common sense and justice. The epic structure was the same as that of ordinary citizens, who move toward a public space (court, square) after awakening their political correctness. More than anything else, the fact that such films were based on "a historical fact" could have been a strategy to avoid censorship in the era of the blacklist. In these social films, courts and squares have become places for democracy. The conservative government of the time was tired of anti-government resistance and the politics of the square. Thus, films from directors and producers blacklisted were difficult to produce. That's why the court in the movie during this period could become a symbolic proxy for the "legitimate" reenactment of the politics of the square, which was subject to censorship and avoidance by the regime of the time. Meanwhile, the square has gradually become the main venue for political films that advocate "historic true stories." The square of the 1980s, which appeared in the movies, will be connected to the Gwanghwamun candlelight square that audiences experienced in 2017. Furthermore, it was able to reach the concept of an abstract square as an "open space for democracy." At the foundation of these works is a psychological framework that equates the trauma of the failed democratic movement of the 1980s to the trauma of the failed progressive movement of the 2010s. Through this study, we were able to see that social political films in the 2010s were quite successful, emphasizing "political correctness" and constitutional common sense. But they also had limitations as "de-political popular films" that failed to show imagination beyond the censorship of the blacklist era.

A Study on the Types of Dispute and its Solution through the Analysis on the Disputes Case of Franchise (프랜차이즈 분쟁사례 분석을 통한 분쟁의 유형과 해결에 관한 연구)

  • Kim, Kyu Won;Lee, Jae Han;Lim, Hyun Cheol
    • The Korean Journal of Franchise Management
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    • v.2 no.1
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    • pp.173-199
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    • 2011
  • A franchisee has to depend on the overall system, such as knowhow and management support, from a franchisor in the franchise system and the two parties do not start with the same position in economic or information power because the franchisor controls or supports through selling or management styles. For this, unfair trades the franchisor's over controlling and limiting the franchisee might occur and other side effects by the people who give the franchisee scam trades has negatively influenced on the development of franchise industry and national economy. So, the purpose of this study is preventing unfair trade for the franchisee from understanding the causes and problems of dispute between the franchisor and the franchisee focused on the dispute cases submitted the Korea Fair Trade Mediation Agency and seeking ways to secure the transparency of recruitment process and justice of franchise management process. The results of the case analysis are followed; first, affiliation contracts should run on the franchisor's exact public information statement and the surely understanding of the franchisee. Secondly, the franchisor needs to use their past experiences and investigated data for recruiting franchisees. Thirdly, in the case of making a contract with the franchisee, the franchisor has to make sure the business area by checking it with franchisee in person. Fourthly, the contracts are important in affiliation contracts, so enacting the possibility of disputes makes the disputes decreased. Fifthly, lots of investigation and interests are needed for protecting rights and interests between the franchisor and franchisee and preventing the disputes by catching the cause and more practical solutions of the disputes from the government.

A Servicism Model of the New Legal System (서비스주의 법제도 구조와 운용 연구)

  • Hyunsoo Kim
    • Journal of Service Research and Studies
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    • v.11 no.4
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    • pp.1-20
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    • 2021
  • This study was conducted to derive a model of the legal system that is the basis for realizing the service economy, political administration, and social education system. Based on the experience of mankind's legal system operation in the historical era for the past 5,000 years, a legal system model that will make the future human society sustainable has been established. The problems of the current legal system were analyzed at the fundamental level. The root cause of injustice and unfairness was analyzed and a new legal system was designed. Through the legal systems of various national societies that have been attempted in the history of mankind, the structure of the legal system that is desirable for the modern society was designed. Human society, which has experienced how much good legal system has been and is being abused by human irrationality and nonsense, needs to make an effort to change the legal system paradigm itself by learning lessons from failure. This study derives the basis for a legal system that can realize justice and a fair society in the long term. It proposed a model for improving the legal system that allows human society to be happy for a long time. To this end, the fundamental role of the legal system was analyzed at the ideological level and the problems of the current legal system were presented. In addition, the problem of fundamental assumptions about human nature was analyzed and improved assumptions were presented. The structural system of the current legal system was analyzed and a new structure was proposed. In addition, a plan for the operation of a new legal system based on a new structure was suggested. The new legal system was named servicism system. This is because it is a model centered on thorough checks and balances between all opponents, not a simple linear one-dimensional legal system, but a multidimensional legal system, and because it is a viewpoint that clearly recognizes both human reason and desire. The new system is a model that reflects the confrontation between the rule of law and the non-law rule and the confrontation between the power people and the general public. A follow-up study is needed on a concrete plan for transitioning from the current legal system to a new legal system.

Ideology and Policy Positions of the Elect in the 21st Korean National Assembly Election (제21대 국회의원 이념성향과 정책 태도)

  • Kang, Woo Chang;Koo, Bon Sang;Lee, Jae Mook;Jung, Jinwung
    • Korean Journal of Legislative Studies
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    • v.26 no.3
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    • pp.37-83
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    • 2020
  • This paper presents the results of 'The Survey on the 21st National Assembly members' conducted by the Korean Association of Party Studies (KAPS) and the Hankyoreh following the 21st Korean National Assembly Election. Since the 16th Korean National Assembly Election, the KAPS has surveyed the candidates and/or the elected regarding their views on major policy issues and perceived self-ideology, which has contributed to our understanding of overtime changes in ideology of political parties in South Korea and their members. This year's survey includes 21 questions on the four major policy issue areas including foreign policy, economy, social issues and cultural issues as well as their perceived ideology. Among the 300 elected, 197 participated in the survey. The results suggest that the Justice Party is most liberal, the United Future Party is most conservative, and the Democratic Party is in the middle on average in terms of issue preference and perceived ideology. Compared to the preceding National Assembly, the partisan gap continues to appear salient in foreign policy, economy, and the cultural issues. In contrast, the gap narrows down in the social issues because the members of the Democratic Party embrace more conservative preference. It is noteworthy to examine whether this shift leads to cooperative decision making on social policies between liberal and conservative parties in the upcoming National Assembly. The composite policy preference index of individual assembly members, on the other hand, shows significant difference among members of different parties. Political parties in South Korea has evolved from a group of people from the same region into a group of people with distinctive policy preferences.

Perception of USA and American influence in Korea: Psychological, Social, and Cultural Basis of Anti-American Sentiments among Students and Adults (한국 중학생, 대학생, 성인의 미국에 대한 인식: 반미감정의 심리 사회 문화적 토대 탐색)

  • Uichol Kim;Young-Shin Park;Nara Oh
    • Korean Journal of Culture and Social Issue
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    • v.9 no.1
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    • pp.139-178
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    • 2003
  • This study investigates Koreans respondents' perception of American society, American people and its influence in Korea and the world. These analyses have been conducted to provide the psychological, social and cultural basis for understanding the anti-American sentiments among Korean junior high school students, university students and adults. American influence is further divided into American influence on Korean society, on North-South Korean unification, and in the world. In addition, respondents' knowledge of the USA, their satisfaction with the current political functioning, and background information were obtained. A total of 763 respondents (171 junior high school students, 250 university students, and 342 parents of junior high school students) completed a survey questionnaire developed by the first two authors. The overall results indicate that the respondents had a negative view of the USA and its influence in Korea and the world. Majority of respondents perceive American society as being commercial, exclusionary, and ethnocentric. Some respondents perceive American society as being democratic and advanced. As for American people, they are perceive them as being selfish and at the same time independent and carefree. The trust for American society is very low. As for American influence in Korea, it is perceived it as creating dependency and less likely to be perceived as promoting progress and development. As for North-South Korean relations, respondents perceive the USA as interfering with the unification of two Koreas. Finally, respondents perceive the USA as a superpower with imperialistic and dominating tendencies and they were less like to perceive the USA as promoting democracy and justice. Significant differences across the age groups have been found with the junior high school students holding the most negative view about the USA and their parents holding the most positive view of the USA. University students had mixed views of the USA. holding both positive and negative views of the USA. Those respondents with greater dissatisfaction of the political system and with less knowledge about the USA has more negative views of the USA.

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A Study on Moral Systems of Aristotle and Kang Jeungsan: Focusing on the Nature of Virtue and Teleological Characteristics (아리스토텔레스와 강증산(姜甑山) 성사(聖師)의 덕(德)이론 고찰 -덕의 속성 및 목적성과 관련하여-)

  • Joo So-yeon;Ko Nam-sik
    • Journal of the Daesoon Academy of Sciences
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    • v.46
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    • pp.189-234
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    • 2023
  • The most common and prevailing system of virtue ethics is based around the idea of personality rather than external behavior and it grew out of the Aristotelian system of virtue ethics. The purpose of this study is to find out the characteristics of the virtue ethics found within Daesoon Thought through comparison to Aristotelian virtue ethics. This can serve as a basis to establish the virtue ethics of Daesoon Thought in further studies. The systems of virtue ethics posited by the two traditions are similar in that they are both teleological as the virtues they recognize are related to human nature in the context of certain metaphysical assumption and they both exhibit the characteristic tendencies of seeking to realize the highest human good. Therefore, in the Aristotelian context, virtues can be defined as "characteristics needed for the realization of eudaimonia," and for Daesoon Thought, virtues are "characteristics needed for the realization of the Resolution of Grievances for Mutual Beneficence." The representative virtues examined in this comparative study will be the Aristotelian Golden Mean, and the the concepts of guarding against self-deception and great benevolence and great justice in Daesoon Thought. In comparison to Aristotelian virtues, these differ in three main ways. First, Aristotelian virtue is not an innate aspect of character the way it is assumed to be in Daesoon Thought wherein the original human heart bestowed by Heaven is already virtuous. Second, mental virtue in the Aristotelian context centers the mind upon reason whereas in Daesoon Thought, the heart-mind exhibits both reason and emotional concern for others. Third, eudaimonia is a concept limited to humans and their societies whereas the Resolution of Grievances for Mutual Beneficence is a good that includes all beings including divine beings, animals, plants, and Heaven and Earth. Despite the differences, both require practical reason, continuous education, and effort to succeed in the cultivation of virtues and the proper implementation of virtuous living.

A Comparative Study between International Convention and National Legislation in Respect of the Liability of the Carrier in the Carriage of Cargo by Air (항공화물운송인의 책임에 관한 국제협약과 국내입법의 비교연구)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.24 no.2
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    • pp.19-45
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    • 2009
  • The purpose of this paper is to research the contents and issues of the draft legislation of Part VI the Carriage by Act of Korean Commercial Code in respect of the liability of the carrier in the carriage of cargo by air, comparing to the related provisions of the Montreal Convention of 1999. The Montreal Convention in respect of the international carriage by air was adopted in 1999, and Korea has ratified the Montreal Convention in 2007. However, there is now no national legislation in respect of the carriage by air in Korea. Thus, the Ministry of Justice has prepared the draft legislation of Part VI the Carriage by Air of the Korean Commercial Code in July 2008, and the draft legislation is now being reviewed by the National Assembly. The draft provisions of Part VI the Carriage by Air are basically adopting most of the related provisions of the Montreal Convention in respect of the carriage of cargo by air and some draft provisions are applying the related provisions of the Korean Commercial Code in respect of the carriage of cargo by land and sea. In respect of the liability of the carrier in the carriage of cargo by air, the contents of the draft legislation of Part VI the Carriage by air are composed of the provisions in respect of the cause of the liability of the and the application for the non-contractual claim, the limit of liability, the exoneration from liability, the extinguishment of liability, the notice of damage to cargo, the liability of the agents and servants of the carrier, and the liability of the actual carrier and successive carrier. The draft legislation of the Carriage by Air of Korean Commercial Code is different from the provisions of the Montreal Convention is respect of the liability of the carrier in the carriage of cargo by air as follows : the draft Article 913 paragraph 1 provides additionally the riot, civil war and quarantine as the exoneration causes from the liability for damage to the cargo of the carrier in the Article 18 paragraph 2 of the Montreal Convention. In respect of the liability of the carrier in carriage of cargo by air, the draft legislation of Part VI the Carriage by Air does not provide the settlement by arbitration of dispute relating to the liability of the carrier and the requirement of adequate insurance covering the liability of the carrier which are provided in the Montreal Convention. In author's opinion, it is desirable that the above mentioned provisions such as the arbitration and the insurance shall be inserted into the draft legislation of the Carriage by Air of Korean Commercial Code. In conclusion, the legislation of Part VI the Carriage by Air of the Korean Commercial Code shall be made by the National Assembly as soon as possible for the smooth and equitable compensation for damage to cargo arising during the carriage by air.

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Legal Issue in Case of Death or Injury of an International Crew While on Board (국제항공운송 승무원이 항공기내에서 사상(死傷)을 당한 경우 법률관계 - 국내외 판례의 분석을 중심으로 -)

  • Kim, Sun-Ah
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.137-168
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    • 2020
  • Air passengers may be compensated for damages based on the above agreement when the passenger suffers an accident to the extent that they are recognized as an accident under Article 17 of the Montreal Convention in 1999. If a flight or cabin crew and passengers both undergo an accident, passengers are subjected to compensation under the Montreal Convention however flight cabin crews will be compensated by the Labor Law, which is the governing law in the labor contract with the airline. The flight or cabin crew boarding the aircraft work is on a work contract, not a passenger transport contract. Therefore, if the flight or cabin crew on the aircraft is injured due to an accident, and the air carrier is liable for default due to a labor contract, the Labor Law, workers or survivors claim damages due to illegal acts against the employer. In which case, civil law will apply. In this regard, if a Chinese cabin crew working for a Chinese airline dies due to an accident in the Republic of Korea, whether the family of the deceased claims damages against the Chinese airline or not has international court jurisdiction in the Republic of Korea, which is the place of tort. We examined whether it is the law of the Republic of Korea or whether it's the Chinese law, the law applicable to the work contract, is applied. Also, Seoul District Court 1995.5.18. The sentence 94A 14144 was found that if the injured crew during the flight work was not satisfied with the insurance compensation under the Labor Standards Act and the Industrial Accident Compensation Insurance Act, he could claime to damage under the civil law against an air carrier or third parties responsible for the accident. This law case shows that you can claim a civil damage as a cause. In case of death due to an existing illness while on the way to work, the Korea Workers'Compensation and Welfare Service did not recognize the death of the deceased as an occupational accident, and the trial was canceled by the parents of the deceased for the survivor's benefit and funeral expenses. (Seoul Administrative Court 2017.8. 31. Although the sentence was judged as an occupational disaster in 2016, the 2016 8816 Decision), it was defeated in the appeals court (Seoul High Court 2018.7.19.Sentence 2017 No. 74186) and I criticized the judgment of the appeal by analyzing the deceased's disease and related the cause of it to workload. Sometimes, a flight or cabin crew is on board not for the flight duty such as transferring to another flight or returning to the home base or lay-over place after their scheduled flight, this is called "Deadheading". If the crew who is not considered the same as a passenger, but is not on duty, is injured in an accident, does the crew claim compensation for damages under the labor contract or whether the Montreal Convention is applied to the passenger. In conjunction with the discussion, there was a similar case, In re Mexico City Aircrash of October 31, 1979, 708 F.2d 400 (9th Cir. 1983), Demanes v. United Airlines, 348 F.Supp. 13 (C.D.Cal. 1972), Sulewski v. Federal Express Corp., 749 F.Supp. 506 (S.D.N.Y. 1990) and reviewed by the European Court of Justice (CJEU) at Wucher Helicopter GmbH and Euro-Aviation Versicherungs AG v. After examining several acts in several countries it's undeniably crucial to clearly understand the definition of "passenger" as stated in the Fridolin Santer case.

The Concentration of Economic Power in Korea (경제력집중(經濟力集中) : 기본시각(基本視角)과 정책방향(政策方向))

  • Lee, Kyu-uck
    • KDI Journal of Economic Policy
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    • v.12 no.1
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    • pp.31-68
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    • 1990
  • The concentration of economic power takes the form of one or a few firms controlling a substantial portion of the economic resources and means in a certain economic area. At the same time, to the extent that these firms are owned by a few individuals, resource allocation can be manipulated by them rather than by the impersonal market mechanism. This will impair allocative efficiency, run counter to a decentralized market system and hamper the equitable distribution of wealth. Viewed from the historical evolution of Western capitalism in general, the concentration of economic power is a paradox in that it is a product of the free market system itself. The economic principle of natural discrimination works so that a few big firms preempt scarce resources and market opportunities. Prominent historical examples include trusts in America, Konzern in Germany and Zaibatsu in Japan in the early twentieth century. In other words, the concentration of economic power is the outcome as well as the antithesis of free competition. As long as judgment of the economic system at large depends upon the value systems of individuals, therefore, the issue of how to evaluate the concentration of economic power will inevitably be tinged with ideology. We have witnessed several different approaches to this problem such as communism, fascism and revised capitalism, and the last one seems to be the only surviving alternative. The concentration of economic power in Korea can be summarily represented by the "jaebol," namely, the conglomerate business group, the majority of whose member firms are monopolistic or oligopolistic in their respective markets and are owned by particular individuals. The jaebol has many dimensions in its size, but to sketch its magnitude, the share of the jaebol in the manufacturing sector reached 37.3% in shipment and 17.6% in employment as of 1989. The concentration of economic power can be ascribed to a number of causes. In the early stages of economic development, when the market system is immature, entrepreneurship must fill the gap inherent in the market in addition to performing its customary managerial function. Entrepreneurship of this sort is a scarce resource and becomes even more valuable as the target rate of economic growth gets higher. Entrepreneurship can neither be readily obtained in the market nor exhausted despite repeated use. Because of these peculiarities, economic power is bound to be concentrated in the hands of a few entrepreneurs and their business groups. It goes without saying, however, that the issue of whether the full exercise of money-making entrepreneurship is compatible with social mores is a different matter entirely. The rapidity of the concentration of economic power can also be traced to the diversification of business groups. The transplantation of advanced technology oriented toward mass production tends to saturate the small domestic market quite early and allows a firm to expand into new markets by making use of excess capacity and of monopoly profits. One of the reasons why the jaebol issue has become so acute in Korea lies in the nature of the government-business relationship. The Korean government has set economic development as its foremost national goal and, since then, has intervened profoundly in the private sector. Since most strategic industries promoted by the government required a huge capacity in technology, capital and manpower, big firms were favored over smaller firms, and the benefits of industrial policy naturally accrued to large business groups. The concentration of economic power which occured along the way was, therefore, not necessarily a product of the market system. At the same time, the concentration of ownership in business groups has been left largely intact as they have customarily met capital requirements by means of debt. The real advantage enjoyed by large business groups lies in synergy due to multiplant and multiproduct production. Even these effects, however, cannot always be considered socially optimal, as they offer disadvantages to other independent firms-for example, by foreclosing their markets. Moreover their fictitious or artificial advantages only aggravate the popular perception that most business groups have accumulated their wealth at the expense of the general public and under the behest of the government. Since Korea stands now at the threshold of establishing a full-fledged market economy along with political democracy, the phenomenon called the concentration of economic power must be correctly understood and the roles of business groups must be accordingly redefined. In doing so, we would do better to take a closer look at Japan which has experienced a demise of family-controlled Zaibatsu and a success with business groups(Kigyoshudan) whose ownership is dispersed among many firms and ultimately among the general public. The Japanese case cannot be an ideal model, but at least it gives us a good point of departure in that the issue of ownership is at the heart of the matter. In setting the basic direction of public policy aimed at controlling the concentration of economic power, one must harmonize efficiency and equity. Firm size in itself is not a problem, if it is dictated by efficiency considerations and if the firm behaves competitively in the market. As long as entrepreneurship is required for continuous economic growth and there is a discrepancy in entrepreneurial capacity among individuals, a concentration of economic power is bound to take place to some degree. Hence, the most effective way of reducing the inefficiency of business groups may be to impose competitive pressure on their activities. Concurrently, unless the concentration of ownership in business groups is scaled down, the seed of social discontent will still remain. Nevertheless, the dispersion of ownership requires a number of preconditions and, consequently, we must make consistent, long-term efforts on many fronts. We can suggest a long list of policy measures specifically designed to control the concentration of economic power. Whatever the policy may be, however, its intended effects will not be fully realized unless business groups abide by the moral code expected of socially responsible entrepreneurs. This is especially true, since the root of the problem of the excessive concentration of economic power lies outside the issue of efficiency, in problems concerning distribution, equity, and social justice.

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A Study on the View on Nature in Ch'o-Jung's Three-Verse Poems(Sijo) (초정(艸丁) 김상옥(金相沃) 시조(時調)에 나타난 자연관(自然觀))

  • Choi, Heung-Yeol
    • Sijohaknonchong
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    • v.30
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    • pp.263-300
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    • 2009
  • Adoration for nature constitutes one of the primary subjects that literature has tackled since the origin of human history. Nature expressed through a poet's subjective imagination is the internalized and reorganized nature. This study examines the view on nature enacted in Ch'o-Jung's three-verse poems (sijo) in light of the traditional views on nature implicated in the ancient three-verse poems (koshijo), which is in line with the long-established Oriental view on nature. To dignitaris(sadaebu) in the Chosun Dynasty, nature appeared as the idealistic subject for moral culture ($shims{\breve{o}}ngsuyang$), which also becomes the literary space where the purity and justice of the world view of Neo-Confucianism(Sungrihak) is contained in the form of the three-verse poem, the lyrical poetic space where the "I" is united with nature by way of "enjoying of wind and moon"($umpungnongw{\breve{o}}i$) and "living in quiet retiremen"($yuyuchaj{\breve{o}}k$), and the object for the poetical perception of the surrounding world. Ch'o-Jung' s three-verse odes are found in Reed pipe ($Ch'oj{\breve{o}}k$), Sixty Five Pieces of Three-Verse Odes (Samhaengshi-$yukshipopy{\breve{o}}n$), Autumn Fragrance ($Hyangginam{\check{u}}n-ga{\check{u}}l$), and The Words of Zelko va Tree ($N{\check{u}}tinamu{\check{u}}i-mal$). This study analyzes 212 pieces of Ch'o-Jung' s three-verse poems chosen from theses books. In Ch'o-Jung's poems, the traditional view on nature expressed in the ancient three-verse poems is rendered in such a way that metaphysical understanding of nature is indirectly transmitted through the objective correlatives found nature. Nature is no longer the object of straightforward utterance, but transformed, displaced, and removed: that way, nature gets objectified to form a complicated and multi-layered structure. In conclusion, the view on nature manifested in Ch'o-Jung's three-verse poems is based on traditional metaphysics. Second, nature is the object of lyrical nostalgia and adoration. Third, nature is imbued with the fundamental affection for parents. Fourth, nature is associated with organic life. Fifth, the nature in Ch'o-Jung's poems reveals the beauty of stillness endorsed in Lao-tse's and Chung-tze's philosophy. And last, nature is the agent for self-realization and meditation.

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