• Title/Summary/Keyword: permanent measures

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Rethinking Korean Women's Art from a Post-territorial Perspective: Focusing on Korean-Japanese third generation women artists' experience of diaspora and an interpretation of their work (탈영토적 시각에서 볼 수 있는 한국여성미술의 비평적 가능성 : 재일동포3세 여성화가의 '디아스포라'의 경험과 작품해석을 중심으로)

  • Suh, Heejung
    • The Journal of Art Theory & Practice
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    • no.14
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    • pp.125-158
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    • 2012
  • After liberation from Japanese colonial rule in 1945, there was the three-year period of United States Army Military Government in Korea. In 1948, Democratic People's Republic of Korea, and Republic of Korea were established in the north and south of the Korean Peninsula. The Republic of Korea is now a modern state set in the southern part of the Korean. We usually refer to Koreans as people who belong to the Republic of Korea. Can we say that is true exactly? Why make of this an obsolete question? The period from 1945 when Korea was emancipated from Japanese colonial rule to 1948 when the Republic of Korea was established has not been a focus of modern Korean history. This three years remains empty in Korean history and makes the concept of 'Korean' we usually consider ambiguous, and prompts careful attention to the silence of 'some Koreans' forced to live against their will in the blurred boundaries between nation and people. This dissertation regards 'Koreans' who came to live in the border of nations, especially 'Korean-Japanese third generation women artists'who are marginalized both Japan and Korea. It questions the category of 'Korean women's art' that has so far been considered, based on the concept of territory, and presents a new perspective for viewing 'Korean women's art'. Almost no study on Korean-Japanese women's art has been conducted, based on research on Korean diaspora, and no systematic historical records exist. Even data-collection is limited due to the political situation of South and North in confrontation. Representation of the Mother Country on the Artworks by First and Second-Generation Korean-Japanese(Zainich) Women Artists after Liberation since 1945 was published in 2011 is the only dissertation in which Korean-Japanese women artists, and early artistic activities. That research is based on press releases and interviews obtained through Japan. This thesis concentrates on the world of Korean-Japanese third generation women artists such as Kim Jung-sook, Kim Ae-soon, and Han Sung-nam, permanent residents in Japan who still have Korean nationality. The three Korean-Japanese third generation women artists whose art world is reviewed in this thesis would like to reveal their voices as minorities in Japan and Korea, resisting power and the universal concepts of nation, people and identity. Questioning the general notions of 'Korean women' and 'Korean women's art'considered within the Korean Peninsula, they explore their identity as Korean women outside the Korean territory from a post-territorial perspective and have a new understanding of the minority's diversity and difference through their eyes as marginal women living outside the mainstream of Korean and Japanese society. This is associated with recent post-colonial critical viewpoints reconsidering myths of universalism and transcendental aesthetic measures. In the 1980s and 1990s art museums and galleries in New York tried a critical shift in aesthetic discourse on contemporary art history, analyzed how power relationships among such elements as gender, sexuality, race, nationalism. Ghost of Ethnicity: Rethinking Art Discourses of the 1940s and 1980s by Lisa Bloom is an obvious presentation about the post-colonial discourse. Lisa Bloom rethinks the diversity of race, ethnicity, sexuality, and gender each artist and critic has, she began a new discussion on artists who were anti-establishment artists alienated by mainstream society. As migration rapidly increased through globalism lead by the United States the aspects of diaspora experience emerges as critical issues in interpreting contemporary culture. As a new concept of art with hybrid cultural backgrounds exists, each artist's cultural identity and specificity should be viewed and interpreted in a sociopolitical context. A criticism started considering the distinct characteristics of each individual's historical experience and cultural identity, and paying attention to experience of the third world artist, especially women artists, confronting the power of modernist discourses from a perspective of the white male subject. Considering recent international contemporary art, the Korean-Japanese third generation women artists who clarify their cultural identity as minority living in the border between Korea and Japan may present a new direction for contemporary Korean art. Their art world derives from their diaspora experience on colonial trauma historically. Their works made us to see that it is also associated with postcolonial critical perspective in the recent contemporary art stream. And it reminds us of rethinking the diversity of the minority living outside mainstream society. Thus, this should be considered as one of the features in the context of Korean women's art.

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Need for New Criteria of an Injunction in a Patent Infringement (특허침해금지청구에 대한 새로운 판단기준의 필요성)

  • Shim, Mi-Rang
    • Journal of Legislation Research
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    • no.44
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    • pp.571-610
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    • 2013
  • The current patent system is more often used for defensive purposes to exclude others' use or as a means to hold unfair strong positions in negotiations rather than for the original purpose as the dissemination and active use of useful technology. An injunction together with a damage is an important remedy for patent infringements. However, unlike a claim for damages, injunctions do not require the subjective requirement of intent and negligence or the occurrence of loss. If the validity of the patent and the fact of infringement are confirmed, automatically injunctions are issued without consideration of other circumstances. So a patent holder would exclude others' use and have a powerful position in negotiations because of injunctions for patent infringements. Therefore, those injunctions for patent infringements should be flexibly restricted according to cases under the premise to ensure fair compensation for the patent owner, rather than absolutely admitting injunctions for patent infringements like now. If then, it would serve the use of a useful technology and industrial development as the purpose of the patent system. First of all, judgments for preliminary injunctions should be strict and by deliberate decision on the merits permanent injunctions should be determined. In addition, it is needed that court's discretion possible to considerate 'the need for an injunction'. When the courts judge 'the need for an injunction', 'whether a patent holder has implemented a patent invention, the possibility of monetary compensation and the ability of the infringer for damages, a patent holder's intent to license and whether an injunction has been used as a weapon of negotiation, the proportion of patent technology in the entire products, the characteristics of patent technology and the possibility of patent invalidity, the competitive relationship for market share, the public interests and gains and losses between the parties and so on' should be considered. After these judgements, if 'the need for an injunction' is not approved, a patent owner would be protected by post-monetary compensation. However, because damages are related to illegal conducts in the past, in the case that an injunction is restrained, measures to ensure the legal implementation in the future are needed. It is primarily desirable that reasonable royalty is estimated throughout private negotiations between parties, but if agreement between the parties does not occur, patent owner should be able to claim the royalty for future.

A Study of the Application of 'Digital Heritage ODA' - Focusing on the Myanmar cultural heritage management system - (디지털 문화유산 ODA 적용에 관한 시론적 연구 -미얀마 문화유산 관리시스템을 중심으로-)

  • Jeong, Seongmi
    • Korean Journal of Heritage: History & Science
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    • v.53 no.4
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    • pp.198-215
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    • 2020
  • Official development assistance refers to assistance provided by governments and other public institutions in donor countries, aimed at promoting economic development and social welfare in developing countries. The purpose of this research is to examine the construction process of the "Myanmar Cultural Heritage Management System" that is underway as part of the ODA project to strengthen cultural and artistic capabilities and analyze the achievements and challenges of the Digital Cultural Heritage ODA. The digital cultural heritage management system is intended to achieve the permanent preservation and sustainable utilization of tangible and intangible cultural heritage materials. Cultural heritage can be stored in digital archives, newly approached using computer analysis technology, and information can be used in multiple dimensions. First, the Digital Cultural Heritage ODA was able to permanently preserve cultural heritage content that urgently needed digitalization by overcoming and documenting the "risk" associated with cultural heritage under threat of being extinguished, damaged, degraded, or distorted in Myanmar. Second, information on Myanmar's cultural heritage can be systematically managed and used in many ways through linkages between materials. Third, cultural maps can be implemented that are based on accurate geographical location information as to where cultural heritage is located or inherited. Various items of cultural heritage were collectively and intensively visualized to maximize utility and convenience for academic, policy, and practical purposes. Fourth, we were able to overcome the one-sided limitations of cultural ODA in relations between donor and recipient countries. Fifth, the capacity building program run by officials in charge of the beneficiary country, which could be the most important form of sustainable development in the cultural ODA, was operated together. Sixth, there is an implication that it is an ODA that can be relatively smooth and non-face-to-face in nature, without requiring the movement of manpower between countries during the current global pandemic. However, the following tasks remain to be solved through active discussion and deliberation in the future. First, the content of the data uploaded to the system should be verified. Second, to preserve digital cultural heritage, it must be protected from various threats. For example, it is necessary to train local experts to prepare for errors caused by computer viruses, stored data, or operating systems. Third, due to the nature of the rapidly changing environment of computer technology, measures should also be discussed to address the problems that tend to follow when new versions and programs are developed after the end of the ODA project, or when developers have not continued to manage their programs. Fourth, since the classification system criteria and decisions regarding whether the data will be disclosed or not are set according to Myanmar's political judgment, it is necessary to let the beneficiary country understand the ultimate purpose of the cultural ODA project.

A Basic Study on the Health Status in Villages of Kum San Goon, Chung Cheong Nam Do Area (충남(忠南) 금산군내(錦山郡內) 보건시범부락(保健示範部落)에 대(對)한 기초조사(基礎調査))

  • Kho, Byung-Hoon
    • Journal of Preventive Medicine and Public Health
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    • v.7 no.2
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    • pp.349-354
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    • 1974
  • Survey results concerning the general information on health status of 7,050 inhabitants (1,141 households) which have been selected within Keumsan Gun, Chung Choung Nam Do area are as follws: 1. The average family size is $6.18{\pm}2.17$ persons per household. Tertiary sex ratio is 105.5 population composition of Kumsan Gun shown a pyramidal form consisting of 51.6% of the inhabitants under 20 years of age. 2. Rate of illiteracy amounts to 12.1% and only 4.1% of villagers were graduated from high schools, 80% of the inhabitants have some kind of jobs: 46.1% of them are engaged in agriculture, 95.2% of villagers have their own houses, and remaining 4.8% do not have their own. 3. 72% of households made use of health services provided provided by health centre or subcentres during a period of 1 year from April 1, 1973 to March 31, 1974. 26.8% of them visited health centre of sub-centres 2-4 times annually for the following purposes: 1) Vaccination: 35.7% 2) Diagnosis or treatment: 26.7% 3) Family planning: 24.1% 4) Maternal and child health: 10.5% 4. Utilization rate of health facilities is on an average 4.4 times per household and 0.75 times per capita. 5. Birth rate in the area is 1.91% and death rate is 0.75%, indicating the natural increase rate is only 1.16% that is lower than the nationwide rate of 1.8-2.2% in 1970 and 1.5-1.9% in 1973. 6. 37.7% of fertile women (20-40 years old) in the area are still unmarried, Fertility rate is the highest in the age group of 63-40 years old showing a value of 17.1%. 7. The unmarried population in this area amounts to 61.4% : 61.4% in male and 57.6% in female. 8. Number of inhaibtants who practice family planning is 612 persons(22.6%) among the married (2.771). This value consists of 8.3% of married males and 34.8% of married females. Only 16.0% of the people who put family planning in practice undergo permanent contraceptive methods and remaining 84.0% of them do temporary measures. 9. Only 57.7% of the subjects took vaccinations as follows: 1) B.C.G. vaccination: 82.7% 2) D.P.T. vaccination: 76.2% 3) Poliomyelitis vaccination: 67.9% 4) Smallpox vaccination: 62.6% 10. In the utilization of medical facilities in case of sickness drug stores (32.15%) comes first and hospitals or clinics (28.65%), health centre of health sub-centres (17.96%), herb drug stores (7.36%) and herb gerneral practioners (6.31%), etc., in decreasing order. Sickness that people living in this area suffer from are neuralgia, disease digestive troubles, respiratory diseases and skin lesions, etc.

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An Analysis on the Conditions for Successful Economic Sanctions on North Korea : Focusing on the Maritime Aspects of Economic Sanctions (대북경제제재의 효과성과 미래 발전 방향에 대한 고찰: 해상대북제재를 중심으로)

  • Kim, Sang-Hoon
    • Strategy21
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    • s.46
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    • pp.239-276
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    • 2020
  • The failure of early economic sanctions aimed at hurting the overall economies of targeted states called for a more sophisticated design of economic sanctions. This paved way for the advent of 'smart sanctions,' which target the supporters of the regime instead of the public mass. Despite controversies over the effectiveness of economic sanctions as a coercive tool to change the behavior of a targeted state, the transformation from 'comprehensive sanctions' to 'smart sanctions' is gaining the status of a legitimate method to impose punishment on states that do not conform to international norms, the nonproliferation of weapons of mass destruction in this particular context of the paper. The five permanent members of the United Nations Security Council proved that it can come to an accord on imposing economic sanctions over adopting resolutions on waging military war with targeted states. The North Korean nuclear issue has been the biggest security threat to countries in the region, even for China out of fear that further developments of nuclear weapons in North Korea might lead to a 'domino-effect,' leading to nuclear proliferation in the Northeast Asia region. Economic sanctions had been adopted by the UNSC as early as 2006 after the first North Korean nuclear test and has continually strengthened sanctions measures at each stage of North Korean weapons development. While dubious of the effectiveness of early sanctions on North Korea, recent sanctions that limit North Korea's exports of coal and imports of oil seem to have an impact on the regime, inducing Kim Jong-un to commit to peaceful talks since 2018. The purpose of this paper is to add a variable to the factors determining the success of economic sanctions on North Korea: preventing North Korea's evasion efforts by conducting illegal transshipments at sea. I first analyze the cause of recent success in the economic sanctions that led Kim Jong-un to engage in talks and add the maritime element to the argument. There are three conditions for the success of the sanctions regime, and they are: (1) smart sanctions, targeting commodities and support groups (elites) vital to regime survival., (2) China's faithful participation in the sanctions regime, and finally, (3) preventing North Korea's maritime evasion efforts.