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A Study on the Meaning of Mugeuk(無極) and Taegeuk(太極) in Daesoon Thoughts (대순사상에서의 무극(無極)과 태극(太極) 그리고 대순(大巡)의 의미 고찰)

  • Park, Jae-hyun
    • Journal of the Daesoon Academy of Sciences
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    • v.22
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    • pp.433-469
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    • 2014
  • Identifying the ontological characteristics of "ultimate reality" is highly important in a specific religion or thought because it is believed to contain the logic that explain the wholistic phenomenon in the entire universe. The "ultimate reality" is called "Lee(理)", "Dao(道)", "Taegeuk; the Great Ultimate(太極)", "Mugeuk; NonUltimate(無極)", "Gong(空)", "Haven", "SangJe(上帝)", "God" in many different religions or thoughts. Taegeuk(太極), Mugeuk(無極) and Daesoon(大巡) are believed to contain the logic that explain the wholistic phenomenon in the entire universe in Daesoon Thoughts which we can see in the GooCheon SangJe(九天上帝)'s saying that "Even if the logic is so high, it comes from the surface of Taegeuk and Mugeuk and cannot be separated from every phenomenon in our life(理雖高出於太極无極之表 不離乎日用事物之間)" and Doju(道主) Cho, Jeong San's saying that "The reasion that Dao is called Dao is that it is settled to be Mugeuk and moved to be Taegeuk(道之謂道也者定而无極 動而太極)" and Dojeon(都典) Park Wu-dang's saying that "Daesoon(大巡) is circle(圓), circle is Mugeuk(無極), Mugeuk is Taegeuk(太極)". Mugeuk contains the logic of transcendence and Taegeuk contains the logic of immanance. And Nae-confucianism admit the Ultimate Reality or logic have both characteries of Mugeuk and Taegeuk and don't admit that Taegeuk comes from Mugeuk. Therefore, Mugeuk and Taegeuk are in complementary relations. These Nae-confucianism's idea about Mugeuk and Taegeuk corresponds with Deasoon Thought. Daesoon Thoughts also admit that Ultimate Reality, GooCheon SangJe can be understood with both Mugeuk and Taegeuk. That is, GooCheon SangJe, the Suprime God is transcendent from this world(Mugeuk) and also manage the whole universe using the logic of Taegeuk(太極). Daesoon(大巡) unite Mugeuk and Taegeuk using the concept of circulation. The logic of Mugeuk and Taegeuk is both two as well as one, and one as well as two. It is not dualism nor monism. It is non-dualism and super-dualism. These logic of coexistence is the core of Mugeuk and Taegeuk. And this logic is reflexed in Daesoon Thoughts' core proposition that "Daesoon(大巡) is circle (圓), circle is Mugeuk(無極), Mugeuk is Taegeuk(太極)".

Legal Relations of the Contract of International Carriage of Goods by Air (국제항공화물운송계약(國際航空貨物運送契約)의 법률관계(法律關係) -화주(貨主)의 권리의무(權利義務)를 중심(中心)으로-)

  • Lee, Kang-Bin
    • The Korean Journal of Air & Space Law and Policy
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    • v.1
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    • pp.193-222
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    • 1989
  • The purpose of this study is to review the rights and duties of cargo owners, the party to the contract of international carriage of goods by air under the Warsaw Convention System and the IATA conditions. It is generally known that air freight is the most-cost mode of transportation. However, should there be considerations of total distribution cost, the use of air freight leads exporters to be advantageous in physical distribution. The Warsaw Convention System defined and limited the rights and duties of cargo owners and air carriers paticipating in the international carriage of goods, but it does not regulate every aspect of air transportation. Therefore, the unregulated parts are governed by national laws and by individual contracts of carriage. The International Air Transport Association(lATA), a worldwide organization of airlines, has formulated model conditions of contract for the carriage of cargo. These models are not uniformly followed but they serve as a basis for many of the individual standard form of contracts prepared by air carriers. The contract of air carriage of goods is a contract of adhesion, 'the consignor recognizing and accepting the conditions laid down by the carrier'. There are consignors and carriers as the parties to the contract of international carriage of goods. In addition to his basic right, implied in Warsaw Convention Article 18 and 19, to require devery of the goods in good condition and at the date agreed upon, the consignor has the right to dispose the goods in the course of the journey up to the moment when the consignee is entitled to require delivery. If it is impossible to carry out the orders of the consignor, the carrier must so inform him forthwith. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Warsaw Convention Article 13. Nevertheless, if the consignee declines to accept the air waybill or the goods, or if he cannot be communicated with, the consignor resumes his right of disposition. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the goods arrive. The consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill. The air waybill is supposed to be made out by the consignor. If the carrier makes it out, he is deemed, subject to proof to the contrary, to have done so on behalf of the consignor, whether there is one air waybill or several, each must be made out in three original parts. The first is for the carrier, the second is for the consignee, and the the third is handed to the consignor when the shipment has been accepted. The consignor is responsible for the correctness of the particulars and statement concerning the cargo appearing in the air waybill. Each of the original parts of the air waybill has evidential value and possession of his part is a condition for the exercise by the consignor or consignee of his rights under the contract of carriage. Hague Protocol set forth in Article 9 that nothing in this. Convention prevents the issue of a negotiable air waybill, but Montreal Additional Protocol No. 4 deleted this article. All charges applicable to a shipment are payable in cash at the time of acceptance thereof by the carrier in case of a prepaid shipment or at the time of delivery thereof by the carrier in case of a collect shipment. The carrier shall have lien the cargo for unpaid charges and, in the event of non-payment thereof, shall have the right to dispose of the cargo at public or private sale and pay itself out of the proceeds of such sale any and all such amounts. In conclusion, the Warsaw Convention System has the character of ambiguity in various respects, not only in the part of the forms of documents but also in conditions of contract. Accordingly, the following propositions might be considered: (1) If the carrier does not obey the orders of the consignor for the disposition of the goods without proper reasons, he will be liable strictly for any damage which may be caused thereby to the cargo owner. The special agreement and carrier's conditions of carriage which limit unreasonably the consignor's right of disposition of the goods will be nullified. (2) The instrument of the Warsaw Convention System which is not yet in force(Montreal Additional Protocol No. 4) would considerably simplfy the processing and keeping of computerized records of the carriage. Until this instrument enters into force, the airlines will be faced with practical problems preventing them to substitute computerized data processing techniques for the formal issuance of the documents. Accordingly, Montreal Additional Protocol No. 4 should become effective as soon as posisble. From a practical point of view in the international trade, the issuance of negotiable air waybill should be permitted for the security of the bank.

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