• Korean Journal of Heritage: History & Science
• /
• v.53 no.2
• /
• pp.156-179
• /
• 2020

The Preservation Decree (1933) is the basic law relevant to the conservation of cultural property of colonial Chosun, and invoked clauses from the Old History Preservation Act (1897), the Historic Scenic Sites Natural Monument Preservation Act (1919), and the National Treasure Preservation Act (1929), which were all forms of Japanese Modern Cultural Heritage Law, and actually used the corresponding legal text of those laws. Thus, the fact that the Preservation Decree transplanted or imitated the Japanese Modern Cultural Heritage Law in the composition of the constitution can be proved to some extent. The main features and characteristics of the Preservation Decree are summarized below. First, in terms of preservation of cultural property, the Preservation Decree strengthened and expanded preservation beyond the existing conservation rules. In the conservation rules, the categories of cultural properties were limited to historic sites and relics, while the Preservation Decree classifies cultural properties into four categories: treasures, historic sites, scenic spots, and natural monuments. In addition, the Preservation Decree is considered to have advanced cultural property preservation law by establishing the standard for conserving cultural property, expanding the scope of cultural property, introducing explicit provisions on the restriction of ownership and the designation system for cultural property, and defining the basis for supporting the natural treasury. Second, the Preservation Decree admittedly had limitations as a colonial cultural property law. Article 1 of the Preservation Decree sets the standard of "Historic Enhancement or Example of Art" as a criteria for designating treasures. With the perspective of Japanese imperialism, this acted as a criterion for catering to cultural assets based on the governor's assimilation policy, revealing its limitations as a standard for preserving cultural assets. In addition, the Japanese imperialists asserted that the cultural property law served to reduce cultural property robbery, but the robbery and exporting of cultural assets by such means as grave robbery, trafficking, and exportation to Japan did not cease even after the Preservation Decree came into effect. This is because governors and officials who had to obey and protect the law become parties to looting and extraction of property, or the plunder and release of cultural property by the Japanese continued with their acknowledgement,. This indicates that cultural property legislation at that time did not function properly, as the governor allowed or condoned such exporting and plundering. In this way, the cultural property laws of the Japanese colonial period constituted discriminative colonial legislation which was selected and applied from the perspective of the Japanese government-general in the designation and preservation of cultural property, and the cultural property policy of Japan focused on the use of cultural assets as a means of realizing their assimilation policy. Therefore, this suggests that the cultural property legislation during the Japanese colonial period was used as a mechanism to solidify the cultural colonial rules of Chosun and to realize the assimilation policy of the Japanese government-general.

• The Korean Society of Law and Medicine
• /
• v.16 no.2
• /
• pp.55-84
• /
• 2015

The tuberculosis is the infectious disease. Generally, the active tuberculosis patient can infect the 10 persons for one year within the daily activities like casual conversation and singing together. The infectivity of tuberculosis can continue for a life time, and infected persons can remain at risk for developing active tuberculosis. To control this contagious disease, along with the active tuberculosis patients, non-infectious but non-compliant patients who can be infectious if their immune systems become impaired have to be managed. To control the non-complaint patients, medical treatment order should be combined with the public order. Because tuberculosis is the risk of community health, the human rights like liberty and freedom of movement can be restricted for public welfare under the article 37(2) of constitution. Even when such restriction is imposed, no essential aspect of the freedom or right shall be violated. The degree of restriction on the rights of citizens is different what methods are chosen to non-complaint patients. For example, under the directly observed therapy program, the patients and medical staffs make an appointment and meet to confirm the drug intakes according to the schedule, which is the medical treatment combined with the mildest public order. If the patients break the appointments or have the history of disobedient, the involuntary detention can obtain the legitimate cause. The Tuberculosis Prevention Act has the two step programs on this involuntary detention, The admission order (Article 15) is issued when the patients are infectious. The quarantine order (Artle 15-2) is issued when the patients are infectious and non-complaint. The legal criteria for involuntary detention are discussed and published through the international conventions and covenants. For example, World Health Organization had made guidance on human rights and involuntary detention for tuberculosis control. The restrictions should be carried out in accordance with the our law and in the legitimate objective of public interest. And the restriction should be based on scientific evidence and not imposed in an unreasonable or discriminatory manner. We define and adopt these international criteria under our constitution and legal system. Least restrictive alternative principle, proportionality principle and the individual evaluation methods are explained through the reviews of United States court decisions. Habeas Corpus Act is reviewed and adopted as the procedural due process to protect the patient rights as a citizen. Along with that, what conditions and facilities which are needed to performed quarantine order are discussed.

• Applied Chemistry for Engineering
• /
• v.23 no.2
• /
• pp.183-189
• /
• 2012

In this study, the cellular protective effect and antioxidative property of peanut sprout root extracts were investigated. Cellular protective effects of peanut sprout root extracts on the rose-bengal sensitized photohemolysis of human erythrocytes were investigated. The ethyl acetate fraction of extracts exhibited a cellular protective effect in a concentration dependent manner. Particularly, the aglycone fraction of extracts showed prominent cellular protective effects in a concentration range (5~50 ${\mu}g/mL$). They are more effective than that of (+)-${\alpha}$-tocopherol, known as a lipid peroxidation chain blocker. Reactive oxygen species (ROS) scavenging activities ($OSC_{50}$) of peanut sprout root extracts on ROS generated in $Fe^{3+}$-EDTA/$H_2O_2$ system were investigated using the luminol-dependent chemiluminescence assay. The ethyl acetate fraction of extracts ($OSC_{50}$; 1.59 ${\mu}g/mL$) showed a similar ROS scavenging activity compare with that of L-ascorbic acid (1.50 ${\mu}g/mL$), known as a strong antioxidant. On the other hand, the order of free radical (1,1-diphenyl-2-picrylhydraxyl, DPPH) scavenging activity ($FSC_{50}$) was (+)-${\alpha}$-tocopherol > 80% MeOH extract > aglycone fraction > ethyl acetate fraction. These results indicate that peanut sprout root extracts can function as an antioxidant in biological systems, particularly skin exposed to solar UV radiation by scavenging $^1O_2$ and other ROS, and to protect cellular membranes against ROS.

• Journal of the Korean Institute of Traditional Landscape Architecture
• /
• v.28 no.2
• /
• pp.127-136
• /
• 2010

This study is aimed at reviewed and analyzed in order to suggest the improved plans related to natural monuments. The summary of this study is as followings; First, Replacing the current term 'cultural properties', which denotes the meaning of 'goods', we need to devise an new categorization that separates such properties into cultural heritage and natural heritage under the national heritage framework. Second, the designation criteria for natural monuments should be divided into the individual realm for animals and plants respectively, since they are not divided in the current Act. Third, the guidelines for naming of natural monuments should be established with the following new categories in accordance with the clear standards. Fourth, such imbalances require us to give priority to the relatively neglected types and areas. Fifth, as the big and old trees account for more than a half of the designated plants, it is necessary to search out new resources(wet plant communities, seashores, sand dune plant communities, etc.) such as geological resources, mineral springs, hot springs, and fossils that are in danger of completely being exploited and exhausted. While most of the designated animals are protected nationally, the existing designation system is required to protect habitats and breeding places for the systematic and efficient conservation. Sixth, as long as we need to preserve those historical and cultural resources for the future generations from national and global perspectives, we should enhance their values by designating them as natural monuments even though they are protected by other regulations such as the natural environment area. Seventh, as a result of the survey, we found that more budgets and experts in the local governments, more empowered organizations, more active public participation should be provided for the better Natural Monument management in Korea. Eighth, the Lap of Natural Heritage in the National Research Institute of Cultural Heritage needs to be developed to the Natural Heritage Institute to conduct the diverse activities such as researches, restoration, exhibition and education programs in a systematic and efficient way. Ninth and the last, major damages to natural monuments can be generally categorized into the artificial one and natural one, respectively. The artificial damages include toxics, soil covering, excessive humidity, fire, construction and management works, unlawful damages, fishing, oil spillage, etc, and the natural ones include lightning, storms(typhoons), heavy snowfalls, damage by insects and diseases, lack of prey, etc. This study will become meaningful in that it proposes specific measures for the improvement of the institutions, designation, and management of natural monuments on the basis of the comprehensive analysis on natural monuments. We wish to leave the other subjects related with this study to the future researches.

• Journal of Legislation Research
• /
• no.53
• /
• pp.177-211
• /
• 2017

In the course of the emergence and development of new ICT technologies and services such as Big Data, Internet of Things and Artificial Intelligence, the future will change by these new innovations in the Fourth Industrial Revolution. The future of this fourth industrial revolution will change and our future will be data-based society or economy. Since there is personal information at the center of it, the development of the economy through the utilization of personal information will depend on how to make the personal information protection laws. In Korea, which is trying to lead the 4th industrial revolution, it is a legal interest that can not give up the use of personal information, and also it is an important legal benefit that can not give up the personal interests of individuals who want to protect from personal information. Therefore, it is necessary to change the law on personal information protection in a rational way to harmonize the two. In this regard, this article discusses the problems of duplication and incompatibility of the personal information protection law, the scope of application of the personal information protection law and the uncertainty of the judgment standard, the lack of flexibility responding to the demand for the use of reasonable personal information, And there is a problem of reverse discrimination against domestic area compared to the regulated blind spot in foreign countries. In order to solve these problems and to improve the legislation of personal information protection in the era of the fourth industrial revolution, we proposed to consider both personal information protection and safe use by improving the purpose and regulation direction of the personal information protection law. The balance and harmony between the systematical maintenance of the personal information protection legislation and laws and regulations were also set as important directions. It is pointed out that the establishment of rational judgment criteria and the legislative review to clarify it are necessary for the constantly controversial personal information definition regulation and the method of allowing anonymization information as the intermediate domain. In addition to the legislative review for the legitimate and non-invasive use of personal information, there is a need to improve the collective consent system for collecting personal information to differentiate the subject and to improve the legislation to ensure the effectiveness of the regulation on the movement of personal information between countries. In addition to the issues discussed in this article, there may be a number of challenges, but overall, the protection and use of personal information should be harmonized while maintaining the direction indicated above.

• Journal of Legislation Research
• /
• no.41
• /
• pp.261-302
• /
• 2011

A lien is the right to possession the thing until receiving repayment of its bonds in some cases that the property of other person or the occupant for marketable securities receive the bond that has occurred on that property or marketable securities. This has own purpose to break 'principle of creditor equality' to protect especially the bond of the subject occupant in terms of justice. These lien on our civil law come according to the law in prepared certain requirements. However, an incomplete real rights granted by way of security that does not have a preferential performance right or seniority on the exchange value of the object suffer from the problems a lot in the real estate auction process because of the feature that is not announced in the register unlike the mortgage. In addition, the lien of real estate is not lapsed in an auction process. There is no preferential performance righ in a positive law as providing that can oppose to the buyer(a successful bidder) until received repayment the secured bond price to be compliant with the lien(Civil Case Execution Law the 91st clause of Article 5). However, as asserted the super preferential performance righ to a buyer in real terms, acts as primary cause of breaking unexpected loss and according unfair law relation to a senior mortgagee and seizor, etc. and the principles of the creditors equality to the persons concerned in other words, the principles of justice. All of these issues are the establishment of the lien and theory conflict on the effects. In spite of the fluctuations of a real right about real estate is announced as a registration by the current law, only the lien come into unclear announcement means for possession. In addition, Civil Case Execution Law argument is caused by the adoption abernahmeprinzip about the lien (Civil Case Execution Law the 91st clause of Article 5). Therefore, this paper was examined briefly the significance and purpose, history and law-making examples of each country and the valid requirements and effect of the lien that is basic principle of law about the lien system above all. And then, it will be reviewed the improvement plan for de lege ferenda to improve the issues about this after reviewing the objection, theory and judicial precedent about opposing power and preferential performance right of the lien in the real estaKey Words : Lien, Oppose Power, Mortgage right, Preferential Performance right, Seizure, Real Estate Auction, Lien who can not Opposing against Successful Bidder, Lien who can Oppose against Successful Bidder, Possessionte auction that is a fundamental problem on requirement and effect of the lien.

• Journal of the Society of Cosmetic Scientists of Korea
• /
• v.34 no.3
• /
• pp.189-200
• /
• 2008

In this study, the antioxidative effects, inhibitory effects on elastase, and components of Quercus glauca extracts were investigated. The free radical (1,1-diphenyl-2-picrylhydrazyl, DPPH) scavenging activity $(FSC_{50})$ of extract I fractions of Quercus glauca leaf was in the order: 50% ethanol extract $(12.45{\mu}g/mL)$ < ethyl acetate fraction $(10.47{\mu}g/mL)$ < deglycosylated flavonoid aglycone fraction $(8.57{\mu}g/mL)$. Reactive oxygen species (ROS) scavenging activities $(OSC_{50})$ of some Quercus glauca leaf extracts on ROS generated in $Fe^{3+}-EDTA/H_2O_2$ system were investigated using the luminol-dependent chemiluminescence assay. The order of ROS scavenging activity was 50% ethanol extract $(OSC_{50},\;4.2{\mu}g/mL)$ < deglycosylated flavonoid aglycone fraction $(1.58{\mu}ug/mL)$ < ethyl acetate fraction $(0.66{\mu}g/mL)$. Ethyl acetate fraction showed the most prominent scavenging activity. The protective effects of extract / fractions of Quercus glauca leaf on the rose-bengal sensitized photohemolysis of human erythrocytes were investigated. The Quercus glauca leaf extracts suppressed photohemolysis in a dose dependent manner, particularly deglycosylated flavonoid aglycone fraction exhibited the most prominent celluar protective effect $({\tau}_{50}$, 398.67 min at $50{\mu}g/mL$). Aglycone fractions obtained from the deglycosylation reaction of ethyl acetate fraction among the Quercus glauca leaf extracts, showed 2 bands in TLC and 2 peaks in HPLC experiments (360 nm) as well. Two components were identified as quercetin (55.77%), and kaempferol (44.23 %). TLC chromatogram of ethyl acetate fraction of Quercus glauca leaf extracts revealed 6 bands $(QG1{\sim}QG6)$, Among them, isoquercitrin (QG3), hyperin (QG4), and rutin (QG6) were identified. The inhibitory effect of aglycone fraction on tyrosinase $(IC_{50},\;73.5{\mu}g/mL)$ and elastase $(IC_{50},\;16.2{\mu}g/mL)$ was high. These results indicate that extract / fractions of Quercus glauca can function as antioxidants in biological systems, particularly skin exposed to UV radiation by scavenging $^1O_2$ and other ROS, and protect cellular membranes against ROS. And component analysis of Quercus glauca leaf extract and inhibitory activity on tyeisinase and elastase of the aglycone fraction could be applicable to new functional cosmetics.

• Korean Journal of Heritage: History & Science
• /
• v.54 no.4
• /
• pp.192-211
• /
• 2021

In Seongju, Gyengsangbuk-do, the Placenta Chamber (胎室, Taesil) of 18 sons and a son of the crown prince of King Sejong(世宗大王) is located in one place. Taesil refers to the place where the umbilical cord and placenta, which are separated when the baby is born, are placed in a jar made of pottery and stone box and then buried on the ground. The placenta chamber in Seongju has the Buncheong ware (粉靑沙器) cover buried on the ground to protect the baby's placenta. These covers are all hemispherical, with a diameter of more the 20cm. The decorations were made using black and white inlaid techniques only on the outside. The Buncheong ware cover with this shape and pattern has been confirmed only in the placenta chamber in Seongju. This study targets 6 of the Buncheong ware cover whose owners were identified, when and where they were prepared, what the stylistic features and meanings are, and where it was produced. The results of the study are as follows. First, ss a result of reviewing the production background and procurement system of this bowl, it was inferred that it was sourced from Jangheunggo (長興庫) at the central government office, between 1436 and 1439, when the event to bury the placenta of royal members in the ground was the most active. Second, it analyzed the unique features of this cover, such as the shape, pattern, and baked traces. The shape and pattern were compared to the ritual objects contained in the Sejong Silok Oryeui (『世宗實錄』 「五禮」, Five Rites of King Sejong Chronicle) and the lid of the royal placenta jar made in the 15th and 16th centuries. Third, this study suggests that the baking method was based on the shape and location of the traces remaining outside the cover. Finally, the following data were used to estimate the production site: the relationship with the 'Jagiso (磁器所, ceramic workshop) registered in the Sejong Silok Jiriji (『世宗實錄』 「地理志」, Geographical Appendix of King Sejong Chronicle); various records of contribution and dedication about the Buncheong ware made here; and the Buncheong ware and related tools excavated from the kiln site in the area. The place where the Buncheong ware cover was produced is estimated to be the most likely production site for the kiln site in Chunghyo-dong Kiln Site, located in Jeolla-do province by synthesizing the data above.

• Korean Journal of Heritage: History & Science
• /
• v.52 no.1
• /
• pp.90-119
• /
• 2019

The purpose of this study is to investigate the significance of Buddhist stone art in the cultural zone of Mt. Bukhan. Mt. Bukhan witnessed the prevalence of Buddhist culture in and around it since the introduction of Korean Buddhism and served as the center of Buddhist culture in the nation, where new Buddhist temples continued to be built from the Three Kingdoms Period to the Joseon Period. Of the characteristics of its Buddhist culture, it is very noteworthy that the construction of military temples in and around it in the latter half of Joseon supported the function of Buddhist temples as basic places of worship. These military temples were closely related to the mountain's geopolitical location, traffic routes, and position in the national defense system-- its mountain fortress was an important defense facility. The stone art works of Mt. Bukhan can be categorized into various types, including stone stupas, stone pagodas, rock-carved Buddhas, stone Buddhas, towers and monuments (stone monuments), stone lanterns, flagpole supports, and rock-carved sarira pagodas. There are diverse types of stone art left on the mountain. As for its period characteristics, it is clear that the Buddhist art of Silla spread even to the Gyeonggi region, and that most of the works of stone art were created during the first half of Goryeo and the latter half of Joseon. Starting in Goryeo, the Buddhist temples of the mountain maintained close relations with the royal court by operating as the royal buddhist shrine for the royal family. In the latter part of Joseon, the construction of the Bukhan mountain fortress became the most important opportunity to produce stone art. As for the distribution of the stone artwork, it was usually created in the west part of the mountain from Unified Silla to the first half of Goryeo and in the southern and eastern parts of the mountain from the latter half of Goryeo to the latter half of Joseon. It is estimated that central Buddhist temples of the mountain changed due to Silla's military goal of advancing toward the west coast along the Han River in its early days and the construction of the Bukhan mountain fortress in the latter half of Joseon to protect the capital city. Finally, the stone art of Mt. Bukhan holds very high significance in art history because various types of stone art continued to be created on and around the mountain, the stone artwork of the mountain reflected representative styles for each period, and e rare and ofthe works produced on the mountain exemplified rare and unique styles.

• Korean Journal of Child Education & Care
• /
• v.18 no.4
• /
• pp.39-50
• /
• 2018

Objective: Social attention is paid to the issues concerning child care teachers' work multisibility and ambiguous legal status. Child care teachers are employees based on the "Labor Standards Act" and the "Child Care Act". They also play the role of kindergarten teachers based on the "Childhood Education Act" because of the Nuri curriculum. Based on the main tasks of the child care teachers who protect and nurture infants and toddlers, the Nuri curriculum education for infants is conducted. However, the duties and rights of child care teachers are disproportionate because there are many areas where teachers' professional roles do not suit their legal rights. Methods: The purpose of this study is to investigate how teachers perceive their own rights through field experience using qualitative method based on interpretative epistemology. Participants were 61 child care teachers working in the metropolitan area and used protocol description and focus group interview (FGI) for data collection. The collected data were derived as a central theme according to the data analysis method proposed by Creswell (2013). Results: Participants in the study described the 'Right and autonomy of education as a professional occupation', 'Right to request for improvement on working conditions, guarantee of living and to request for welfare system' and 'Right to guarantee of a teacher's status and adjustment of grievance.' They pointed out poor working conditions and welfare benefits at daycare centers, and emphasized that education and autonomy are necessary conditions to be strengthened for quality child care activities. On the other hand, they did not realize that 'Right to guarantee of a teacher's status and adjustment of grievance' was their right. And they have endured the infringement of this right. Conclusion/Implications: This study reveals the gap between teachers' responsibilities and rights, indicating the urgency of institutional arrangements. It is discussed that the social expectation for strengthening personality and professionalism as an infant and child specialist is increased and a practical alternative for the improvement of the right of teachers working in the child care field is needed considering the change of values about work.