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The Government Organization Act and the Desirable Government Structure in the 21st Century (21세기 바람직한 정부조직과 정부조직법)

  • Sung, Nak-In
    • Journal of Legislation Research
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    • no.44
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    • pp.241-281
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    • 2013
  • First and foremost, a discussion concerning government structure has to be done in connection with the state form and the governmental form. For practical reasons, there is a need to balance the principle of legality and its exceptions under the Government Organization Act. To ensure the flexibility of government structure with respect to the principle of legality, the National Assembly should accept the government structure requested by the newly elected government. This mitigates the rigidity of the principle of the legality within the government organizations. However, excessive changes by each government could violate the principle of legality asked by Constitution. In this sense, arbitrary modification with respect to the government structure by the newly elected government is not desirable. The long term stability of the government organization is required in any case. Secondly, general administrative agencies, other than Executive Ministries, should not be established under the direct order of the President without the control of the Prime Minister. A hierarchy of the executive branch (President->Prime Minister-> Executive Ministries) is stipulated in the Constitution. Establishing a hierarchy of President -> executive institution should be considered unconstitutional. Therefore, only the Presidential Secretariat and institutions with special functions can be established in the Presidential Office. Establishing general administrative agencies in the Presidential Office for convenience purposes is against the spirit of the current Constitution. Consequently, only the office of staffs and special agencies can be placed in the presidential office. It is against the spirit of the current Constitution to found administrative agencies under the presidential office for convenience. Thirdly, the office of the Prime Minister should be the backbone of internal affairs. In that sense, the President, as the head of state, should focus on the big picture such as the direction of the State, while the Cabinet headed by the Prime Minister should be responsible for the daily affairs of the State. The cabinet surrounding the Prime Minister must control all the ordinary affairs of the State, while the President, as the head of the State, should focus on the big picture of blueprinting the aim of the State. Lastly, the Office of the Prime Minister and Executive Ministries are the two main bodies of the executive branch. It is important to reduce the confusion caused by repeated changes in the names of Executive Ministries, to restore the traditional names and authorities of these institutions, and to rehabilitate the legitimacy of the State. For the Korean democracy to take its roots, a systematic way of stabilizing a law-governed democratic country is needed. There is also the need not only to reform security and economic agencies, but also to rationally solve the integration of technique and policy, according to the changes of time.

Legal Issues and Tasks for the Establishment of National Contract for Peace and Unification ('평화통일국민협약' 추진의 법제도적 과제)

  • Choi, Cheol-Young
    • Journal of Legislation Research
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    • no.55
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    • pp.57-94
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    • 2018
  • Crisis of trust in Korean society, especially south-south conflicts among Korean political circle, civil society and peoples on the issue of the Korean peninsula policy driven by south Korean government, have weakened the sustainable and consistent energy of the policy for peace and unification of Korea peninsula. At the moment of drastic change of south-north relation in Korean peninsula, National agreement as a foundation of sustainable peace and unification policy has very important meaning. Because of this, national contract of unification as a kind of social concertation, has been demanded. National contract for peace and unification is an unprecedented process for making unofficial legal norm because it authorize quasi-legislative binding force on the agreement which is concluded by the Korean political circle, civil society and peoples for the peace and unification of Korean peninsula. National contract for peace and unification includes 'agreed aim and principles' for peace, prosperity and unification as well as process and result. And National contract for peace and unification, also is characterized long duration of aim achievement and openness of participating subjects. In terms of law, it will be legitimate source for comprehensive modification of international and internal law. In addition, The nature of National contract for peace and unification, as a people's law, should be considered as soft law which has the power to realize its contents through the enactment of legislation and policy. In order to guarantee the establishment and effectiveness of National contract for peace and unification, the setting of organization is need to determine the range of representatives, who participate in the process of contract making, procedure of contract and to carry out the contract after the conclusion of National contract for peace and unification. For the reason, the Council of National Contract for Peace and Unification as a independent administrative government committee and 'Act on National Contract for Peace and Unification' is needed.

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.

A Direction of Developing a Traditional Cultural Content of Korean Court Dance Oyangseon - With a Base on the Historical Transmission, Reception of Asian Traditional Dance - (궁중정재 <오양선>의 전통문화콘텐츠화 시론 - 아시아 전통춤의 전파와 변용을 바탕으로 -)

  • Huh, Dong-sung
    • (The) Research of the performance art and culture
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    • no.35
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    • pp.509-541
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    • 2017
  • The basic intent of this thesis lies in proposing a meaningful direction of developing cultural content by combining Asian traditional dance forms which hold cultural closeness in common historically. For this study, this paper selected Oyangseon(五羊仙; 'Five Taoist Hermits on Five Sheep'), a Korean court dance of Chinese origin as an example as the Oyangseon story is commonly found in ancient Vietnam and China as well as Korea. Its original narrative is a mythic story that five hermits had come down to ancient Vietnam region riding on five sheep of five colors to bestow 6 ears of milets to people. Later, the story was spread to other regions to be reformed into Woljeongjeon(越井傳; Vietnam), Choi Wee(崔?; China) and Oyangseon(Korea) that have different plot and background. While Woljeongjeon and Choi Wee were adapted into novels that describe the hero Choi Wee's mysterious adventure to be repaid his father's previous devotion to ancient King's shrine. Meanwhile, the epic narrative of Korean Oyangseon proves the modification of the original myth by adding a Seowangmo(西王母; a Chinese mythic heavenly queen) motif while it was enacted as a court dance to praise king's long life and pray country's prosperity following Confucian concept. Based on this historical lineage of Oyangseon story, I searched for the possiblity of constructing a cultural content program by combining the Oyangseon dance of three countries. While there was Oyangseonmu(五羊仙舞) in China which was recently composed by referring to Korean Oyangseon, any traditional dance item based on Oyangseon story was not available in Vietnam. Thus, I tried to propose the Vietnam Dance College to choreograph a new dance item with Woljeongjeon story while using the traditional dance technique, music, costume, etc. of Vietnam as most as possible. As a result, I could display a direction of developing a cultural content by staging three countries' dance items based on Oyangseon story at Korean National Haneul Theater in Oct 2016.

A study on the Musical Characteristics of Traditional-Sangdanyebul - Focusing on the Jogye Order and Taego Order - (전통 상단예불의 음악적 특징 고찰 - 조계종과 태고종을 중심으로 -)

  • Cha, Hyoung-suk
    • (The) Research of the performance art and culture
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    • no.35
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    • pp.471-508
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    • 2017
  • The basic intent of this thesis lies in proposing a meaningful direction of developing cultural content by combining Asian traditional dance forms which hold cultural closeness in common historically. For this study, this paper selected Oyangseon(五羊仙; 'Five Taoist Hermits on Five Sheep'), a Korean court dance of Chinese origin as an example as the Oyangseon story is commonly found in ancient Vietnam and China as well as Korea. Its original narrative is a mythic story that five hermits had come down to ancient Vietnam region riding on five sheep of five colors to bestow 6 ears of milets to people. Later, the story was spread to other regions to be reformed into Woljeongjeon(越井傳; Vietnam), Choi Wee(崔?; China) and Oyangseon(Korea) that have different plot and background. While Woljeongjeon and Choi Wee were adapted into novels that describe the hero Choi Wee's mysterious adventure to be repaid his father's previous devotion to ancient King's shrine. Meanwhile, the epic narrative of Korean Oyangseon proves the modification of the original myth by adding a Seowangmo(西王母; a Chinese mythic heavenly queen) motif while it was enacted as a court dance to praise king's long life and pray country's prosperity following Confucian concept. Based on this historical lineage of Oyangseon story, I searched for the possiblity of constructing a cultural content program by combining the Oyangseon dance of three countries. While there was Oyangseonmu(五羊仙舞) in China which was recently composed by referring to Korean Oyangseon, any traditional dance item based on Oyangseon story was not available in Vietnam. Thus, I tried to propose the Vietnam Dance College to choreograph a new dance item with Woljeongjeon story while using the traditional dance technique, music, costume, etc. of Vietnam as most as possible. As a result, I could display a direction of developing a cultural content by staging three countries' dance items based on Oyangseon story at Korean National Haneul Theater in Oct 2016.

How has 'Hakmun'(學問, learning) become converted into a modern concept? focused on 'gyeogchi'(格致) and 'gungni'(窮理) (학문(學問) 개념의 근대적 변환 - '격치(格致)', '궁리(窮理)' 개념을 중심으로 -)

  • Lee, Haeng-hoon
    • (The)Study of the Eastern Classic
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    • no.37
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    • pp.377-410
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    • 2009
  • In the East Asian Confucianism society, Hakmun was aimed to bring human beings and nature into harmony, and to explore a unity between knowledge and conducts. For example, Neo-Confucianism aspired they could explain the human existence and society through a single concept of Iki(理氣, the basic principles and the atmospheric force of nature). In this philosophy, humanics and natural sciences had not been differentiated at all. The East-West cultural interchanges at the beginning of modernity caused a crack in the traditional academic concepts. Through the Hundred Days of Reform(變法自疆運動, a movement of Strenuous Efforts through Reforming the Law), the Western Affairs Movement(洋務運動) in China, Meiji Restoration(明治維新) in Japan, or Innovation Movements(開化運動) and the Patriotic Enlightenment Movement(愛國啓蒙運動) in Korea, the traditional meanings of Hakmun was degraded while it became a target of the criticism of the enlightenment movements. Accordingly, East Asians' perception of Hakmun rapidly began to change. Although there had been the Silhak(實學, practical science) movement in Korea, which tried to differentiate its conceptualization of Hakmun from that of Neo-Confucianism during the 18th and 19th century, the fundamental shift in meaning occurred with the influx of the modern Western culture. This change converted the ultimate objective of Hakmun as well as its methods and substances. The separation of humanics and natural sciences, rise in dignity of the technological sciences, and subdivision of learning into disciplines and their specialization were accelerated during the Korean enlightenment period. The inflow of the modern western science, humanized thought, and empiricism functioned as mediators in these phase and they caused an irreversible crack in the traditional academic thoughts. Confronting the western mode of knowledge, however, the East Asian intellectuals had to explain their new learning by using traditional terms and concepts; modification was unavoidable when they tried to explain the newly imported knowledge and concepts. This presentation focuses on the traditional concepts of 'gyeogchi'(格致, extending knowledge by investigating things) and 'gungni'(窮理, investigation of principles), pervasively used in philosophy, physics and many other fields of study. These concepts will mark the key point with which to trace changes of knowledge and to understand the way how the concept of Hakmun was converted into a modern one.

Quest of Wang Yak-heo(王若虚)'s Theories of Poetry - With a focus on Three Volumes of 「Talks on Chinses Poetry」 among "the Collected Writings of Wang Yak-heo"(滹南遺老集) (王若虚的詩論探究(왕약허의 시론 탐구) - 以《滹南遺老集》中的《詩話》三卷爲主(『호남유로집』 중 「시화」 3권을 중심으로) -)

  • Jang, Yung-Ki
    • (The)Study of the Eastern Classic
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    • no.34
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    • pp.207-224
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    • 2009
  • This research is a quest of theories of poetry of Wang Yak-heo who was a literary critic during Chin(金) dynasty in ancient China. Wang Yak-heo left a fine piece of work, dubbed ${\ll}$Honam Yuro Jib${\gg}$ and, in this paper, the author closely reviewed the theories of poetry that is appeared, especially, in the three volumes of ${\ll}$Talks on Chinese Poetry${\gg}$ among the collections of Wang's poetry criticism. In particular, the author investigated the positive and negative aspects of Honam's commentaries on the works by Chinese poets, including his principles of poetics, creative skills, and practical criticism, etc. Wang Yak-heo has not been known much in the history of Chinese literary thoughts, however, his theory of criticism, especially, among the talks on Chinese the works by Chinese poets, his literature criticisms establish unique and distinctive point of views. Wang Yak-heo's poetics, more than anything else, valued nature, meanings, truth, and contents therein. He exhibited realistic view of literature. Meanwhile, he analyzed the methods of expression by Du Bo(杜甫, pronounced, "Du Fu" in Chinese), So Sik, also known as So Dong Pa (蘇軾, Su Shi or 蘇東坡, Su Dong Po in Chinese), and Hwang Jeong-gyeon(黃庭堅, Huang T'ing-chien), and highly evaluated the realistic poems written by Du Bo, Baek Geo-I (白居易, pronounced, "Bai Juyi" in Chinese), and So Sik. Also, he opposed to formalism or externality, however, he never made light of formality of poetry. In his comments on the works by Chinese poets, he highly evaluated the poems sung by So Sik and Beek Geo-I, in the mean time, however, he criticized their works without hesitation. Having set up his own unique criteria for critique, Wang didn't accept other opinions in a seemingly illogical manner, and he presented what he thoughts and other different points of view from others. Specifically, he attached great importance to whether or not modification of words and phrases, grammar, and whole context were congruent to one another and had been well harmonized. However, in his poetics, Wang was so wrapped himself in reasonableness or rationality, he analyzed each and every word in great detailed manner, as the result, he sometimes didn't read the sentiment or mood that the writers intended to express through poems. He excessively restricted himself to the words and phrases, so that he was not able to realize natural emotions and joy of imagination that were presented in the poems, and, in the end, this brought about adverse effects to the poet's thought.

A study on Contemporary Transmission Aspect of Traditional Danjong Story - With a focus on the Lee Gab Soon Yeonhaengbon (단종 설화의 현대적 전승 양상 연구 - 이갑순 씨 연행본을 중심으로 -)

The Development of Coin Circulation Institutes and their Regional Impact during the Reign of King Hyojong(孝宗) (효종조(孝宗朝) 행전사목(行錢事目)과 행전책(行錢策), 성과와 한계)

  • JUNG, Suhwan
    • (The)Study of the Eastern Classic
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    • no.73
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    • pp.153-184
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    • 2018
  • The aim of this thesis was to examine the circumstances that led up to successful coin use across the entire nation in 1678 (the $4^{th}$ year of King Sukjong's reign), during the Joseon Dynasty. To this end, this thesis analysed the Sa-Mouk(事目, Provisions) that contained the institutional protocol for coin circulation, implemented by King Hyojong and the statesman Kim Youk(金堉) who had practical experience in these matters over the ten years of King Hyojong's reign(1649-1659). To regulate the problematic wide circulation of coarse cotton cloth as currency in the market of 1650 (the $1^{st}$ year of King Hyojong's reign), prohibition measures were implemented. Besides the superficial justification given for these measures(i.e., that the market price was disturbed by the use of coarse cotton cloth), there was another purpose to prohibiting the circulation of cotton cloth as money, following the standard ruled by the government: the state aimed to ensure momentum for the upcoming coin circulation policy, by strengthening its control of the current economy. In 1651 (the $2^{nd}$ year of King Hyojong's reign), the government fully cracked down on the use of coarse cotton cloth as currency, and simultaneously implemented its coin circulation policy in the Pyeongan(平安) region. The pretext for this policy was to raise finances to support people who were starving as a result of poor harvests and famine. People who received coins from government officials could purchase food in the market, and the coin circulation policy was judged to be successful. Subsequently, to extend coin circulation further throughout the region, the Sa-Mouk for Seoul was established. The Sa-Mouk included stipulations regarding the use of coin in transactions and for government expenditure; it aimed thereby to enhance the national policy's market credit. The hasty implementation of the policy for the expansion of coin circulation caused some problems that required its modification. In 1652 (the $3^{rd}$ year of King Hyojong's reign), coin circulation was increased to encompass the Gyeonggi(京畿) region, and some of the tax that had been paid in rice was now paid in coin. However, coins were in short supply, since there was insufficient copper, the main material used in coin production, and the policy faced a significant limitation. Therefore, in 1655(the $6^{th}$ year of King Hyojong's reign), a new Sa-Mouk for coin circulation was established. This Sa-Mouk included specifications regarding the determination of coin values based on rice and silver, and mandated the wide spread installation of stores for exchanging spot goods for coins throughout the region in which coins were circulating. This policy's objective was to secure stability for the national economy by further regulating coin circulation. The sustained implementation of the coin circulation policy for ten years by King Hyojong and the statesman Kim Youk offered the government an opportunity to accumulate experience in coin circulation in the market, and also to learn from institutional trial and error. This may have been one of the contributing factors to the nation-wide coin circulation that was established in 1678. The objective of the policy implemented during King Hyojong's reign was not to meet the market's requirements, but rather to ensure the preservation of the national economy, and this misjudgement constituted the policy's key limitation. At this time, the government urgently needed to secure finances to cope with the war against China's Qing Dynasty.

The effect of the home environment on the relationship among walking limitation, disability and depression of older people (주택환경이 노년기 보행기능제한, 장애 및 우울의 관계에 미치는 영향 연구)

  • Koo, Bon Mi;Lim, Yenjung;Chai, Choul Gyun
    • 한국노년학
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    • v.40 no.3
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    • pp.543-563
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    • 2020
  • As people age and their physical functions are declined, they stay longer in the home, thus being more affected by the home environment. Many studies have shown the association between the home environment and health. However, little is known about the effect of the home environment on disability and depression of older people with functional limitation. This study, therefore, aimed to examine the moderating effect of the home environment on the pathway between walking limitation and instrumental activity of daily living(IADL) disability, and the relationship between IADL disability and depression. We performed logistic regression and multiple linear regression analyses with data on 3,027 participants from the 2018 Seoul Aging Survey. As results, first, older people who lived home with poor conditions showed a higher risk of walking limitation(OR=1.487, 95% CI: 1.250 - 1.770), IADL disability(OR=1.594, 95% CI: 1.303 - 1.949), and depression(OR=1.943, 95% CI: 1.553 - 2.430). Second, the home environment moderated the relationship between walking limitation and IADL disability. Older people with walking limitation who lived in poor housing condition experienced more IADL disability than others. Third, after controlling for walking limitation, the home environment had significant moderating effect on the relationship between IADL disability and depression. Elderly with IADL disability living in poor home experienced higher risk of depression. Based on these results, the study suggests the necessity of home modification intervention targeting functional limitation of older adults as strategy for preventing disability and depression, and enabling aging in place.